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 Orange County
 Code of Ordinances
 Chapter 38. ZONING
 Article XVIII. PUBLIC SCHOOL SITING REGULATIONS

§ 38-1751. Scope and application; zoning categories in which schools are allowed.  

Latest version.

  • (a)

    These public school siting regulations apply to traditional public schools with a permanent student capacity of five hundred fifty (550) or more, except that only sections 38-1751, 38-1752, 38-1754, 38-1755(b), (c), (d), (e), and (o) and 38-1758 of these regulations apply to traditional public schools with a permanent student capacity of less than five hundred fifty (550). Also, to the extent provided under section 38-79(136), these public school siting regulations apply to public charter schools.

    (b)

    As indicated in sections 38-77 and 38-79(139) and (140), public schools shall be permitted by right or may be permitted by special exception in the following zoning categories, subject to the site and development standards set forth in sections 38-1753 through 38-1755 and, with respect to a special exception application, the special exception criteria in section 38-78:

    By Right By Special
    Exception
    School Location (zoning district) (zoning district)
    Elementary Urban service area R-1, R-1A, R-1AA, R-1AAA, R-1AAAA, R-2, R-3, RCE, RCE-2, RCE-5, RT, RT-1, RT-2, U-V, RLD, P-D, Cluster, NR n/a
    Rural settlement P-D * R-1, R-1A, R-1AA, R-1AAA, R-1AAAA, R-2, RCE, RCE-2, RCE-5, RT, RT-1, RT-2, U-V, RLD, Cluster
    Rural service area (not in rural settlement) ** P-D * n/a
    Middle, Free-Standing 9 th Grade Centers, and K-8 Urban service area R-1, *** , R-2, R-3, R-T, P-O, P-D * R-1A, R-1AA, R-1AAA, R-1AAAA, RCE, RCE-2, RCE-5, RT-1, RT-2, U-V, RLD, Cluster, NC, NAC
    Rural settlement P-D * R-1, R-1A, R-1AA, R-1AAA, R-1AAAA, R-2, RCE, RCE-2, RCE-5, RT, RT-1, RT-2, U-V, RLD, Cluster
    Rural service area (not in rural settlement) ** P-D * n/a
    High and Associated 9 th Grade Centers Urban service area R-3, P-O, C-1, C-2, C-3, I-1A, I-1/I-5, I-2/I-3, I-4, P-D * R-1, R-1A, R-1AA, R-1AAA, R-1AAAA, R-2, RCE, RCE-2, RCE-5, RT, RT-1, RT-2, U-V, RLD, Cluster, NC, NAC
    Rural settlement **** n/a n/a
    Rural service area (not in rural settlement) ** P-D * n/a
    * A PD with a proposed public school is subject to approval by the Board of County Commissioners under the County's PD approval process. If such a PD is approved, the public school shall be permitted by right.
    ** A public school in a rural service area (that is not in a rural settlement) first requires a comprehensive plan amendment, pursuant to Public School Element Policy 5.2.3, as it may be amended from time to time.
    *** A public middle school, free-standing 9th grade center, or K-8 school shall have access to a collector or arterial road.
    **** A public high school in a rural settlement shall be prohibited.

     

    (c)

    School administrative and support functions shall be permitted at high school sites in conjunction with school uses, provided that those uses not directly related to the instructional and student activities programs of the school campus may not occupy more than fifteen (15) percent of the property outside of instructional buildings. At high school sites, where non-instructional uses outside of instructional buildings occupy more than fifteen (15) percent of the school property, such uses shall, unless the use is permitted in the zoning category applicable to the property, be subject to the special exception processes. At middle, K-8, free-standing ninth grade centers, or elementary school sites, a special exception shall be required for all independent administrative and support functions located outside of instructional buildings. Parks and recreational joint use areas shall be considered part of the instructional and student activities program.

    (d)

    School buses may be stored at public school sites based on the following:

    (1)

    High school sites: Maximum of seventy-five (75) buses permitted by right.

    (2)

    Middle school sites, free-standing ninth grade centers, and K-8 sites: Maximum of thirty (30) buses permitted by right. Additional buses may be permitted by special exception or P-D only; the maximum number of permitted buses is shall be determined during the special exception or PD process.

    (3)

    Elementary school sites: No buses permitted.

    (e)

    Bus depots shall be permitted by right in industrial-zoned districts (except I-1A or I-1/I-5) or in the industrial portion of a PD and may be permitted by special exception in the C-3 zoned district. Fueling pumps for buses shall be permitted at high school sites.

    (f)

    School facilities and programs may be located in any leased facility which is zoned nonresidential, provided that the leased facility conforms with all requirements applicable to the zoning for the leased site.

    (g)

    A school that comprises a portion of a PD shall be platted. A PD that is comprised of a school shall not be required to be platted as a condition of development or otherwise but may be platted at the option of the school board.

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06 , § 1, 4-25-17)

Editor's note

Ord. No. 2017-06 , § 1, adopted April 25, 2017, amended § 38-1751, and in so doing changed the title of said section from "Zoning categories in which schools are allowed" to "Scope and application; zoning categories in which schools are allowed," as set out herein.