§ 38-1381. Applicability.

(a)

Except for those exemptions listed below, this village development code shall apply to all development occurring on lands within an adopted village SAP. Each adopted village SAP is on file with the Orange County Planning Division, 201 S. Rosalind Avenue, Orlando, Florida 32801.

(1)

Planned developments, approved prior to June 6, 1995 and located within an adopted village SAP, and vested developments, which have received a vested rights certificate for consistency with the Comprehensive Plan in accordance with chapter 30, article XI, of this Code, are not subject to this village development code. Subject to compliance with other provisions of this Code, any amendments to such previously approved planned developments will not require an amendment to the SAP and shall be considered consistent as long as the densities do not exceed those depicted on the future land use map as of June 6, 1995. Until such time as a property has been rezoned in accordance with the adopted SAP and this village development code, and the property has met the adequate public facilities requirements of chapter 30, article XIV, division 2, all properties within the adopted SAP shall maintain the future land use designation existing prior to June 6, 1995. Development may proceed under the future land use and zoning designation existing prior to June 6, 1995; however, Orange County shall require that all such development which requires special exception, variance, or preliminary subdivision plan approval shall be evaluated on a case by case basis to determine the effects of the development on the approved SAP. Such developments may need to be clustered or designed in such a way as to not adversely impact the adopted village SAP.

(2)

Any planned development land use plan or preliminary subdivision plan approved prior to June 2, 2009, that is consistent with and located within an adopted village SAP, shall have the option of complying with either the original approval or this division. The selection of which standard to comply with must be made by June 2, 2011; if no selection is made by that date, the applicant will be required to comply with their original approval. Once such selection is made, the development must meet all of the requirements of whichever standard is selected.

After June 2, 2011, the owner of an undeveloped preliminary subdivision plan (PSP) or development plan (DP) located within a planned development that is subject to the requirements of chapter 38, Article VIII, Division 8 as they existed prior to June 2, 2009 ("Original Village PD Code"), may elect to subject the PSP or DP to compliance with the requirements of chapter 38, Article VIII, Division 8 ("Village PD Code"), as they exist at the time of the election is made. Such election shall be made through the PSP or DP submission and approval process, either by applying for a new PSP or DP, or by applying for a change to an existing PSP or DP, and shall be subject to approval by the board of county commissioners at a public hearing. Waivers to any development standard of Chapter 38 may be granted by the board of county commissioners at a public hearing in conjunction with the approval for a PSP or DP, except as may be provided to the contrary in section 38-1207 regarding changes to a PD land use plan. A revised PD land use plan (applicable to the specific PSP or DP) shall be submitted with the PSP or DP application. Notification of waiver requests prior to the public hearing shall be the same as that required for a substantial change to a PD land use plan, (e.g., including notice to owners of property within 300 feet of the perimeter of the land use plan). The election to comply with this Division may require a substantial change to the PD land use plan. Any related PD, PSP or DP applications may also be considered by the board of county commissioners at the same public hearing; however, the effective date of an approved PSP or DP shall be subject to the applicable PD appeal period. Once the election has been made and the property has become subject to this Division by the PSP or DP submission and approval process, and has been approved at a board of county commissioners public hearing, the election is final.

Until such time as a property has been rezoned in accordance with the adopted SAP and this village development code, and the property has met the adequate public facilities (APF) requirements of chapter 30, article XIV, division 2, all properties within the adopted SAP shall maintain the future land use designation existing prior to June 2, 2009. Development may proceed under the future land use and zoning designation existing prior to June 2, 2011; however, Orange County shall require that all such development which requires special exception, variance, or preliminary subdivision plan approval shall be evaluated on a case by case basis to determine the effects of the development on the approved SAP. Such developments may need to be clustered or designed in such a way as to not adversely impact the adopted village SAP.

All other proposed development shall be processed as a village planned development in accordance with this division.

(b)

This village development code shall complement all applicable laws, ordinances, rules and regulations, including the guidelines and standards for planned developments. In case of conflict with this village development code and article II, chapter 18 (the Fire Prevention Code), the fire prevention code shall govern and control. However, to the extent this village development code may conflict with or may not be consistent with other applicable laws, ordinances, rules or regulations, including the guidelines and standards for planned developments, this village development code shall govern and control (and waivers from chapter 38, articles VII and VIII shall not be required for those provisions in conflict with the village P-D code). For the purposes of this village development code, the words "shall" or "must" are mandatory; the word "should" is directive but not necessarily mandatory; the word "may" is permissive. The word "includes" shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances and circumstances of like kind or character. For purposes of SAP and Village Code consistency, the planning manager or his/her designee shall review architectural and/or project design content and guidelines.

(Ord. No. 97-09, § 1, 5-20-97; Ord. No. 99-09, § 2, 3-23-99; Ord. No. 09-16, § 1, 6-2-09; Ord. No. 2014-04 , § 1, 2-11-14; Ord. No. 2016-19 , § 30, 9-13-16)