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Community Development FAQ's

  1. Which departments are in what City buildings?

    City Hall located at 1776 Independence Lane houses the City's Administrative offices, Management Services (which includes IT, OMB, Finance, and Personnel), Leisure Services, the Police Department and Fire Department.

    The City Annex building at 541 South Orlando Avenue houses Fire/Rescue, Community Policing and the Community Development Department (including Building Safety and Code Compliance).

    The Public Works Department is located in the new facility on Fennell Street along with the new west side Fire Department station.

    The Community Park on Mayo Avenue houses Leisure Services offices.

  2. How high can my fence be?

    Fences and walls may be erected, placed, and maintained at a height not exceeding eight feet (8') above the established grade level in any required side or rear yard. Fences and walls within a required front yard shall not exceed two and one-half feet (21/2') in height above the established lot grade. (Ord. No. 855, Sec. 1, 11/28/94)


  3. How close to the property line can my fence be constructed?

    The fence is allowed to be located on the property line.


  4. Do I need a permit to install a fence?

    Yes, a permit can be acquired at the City of Maitland Building Department


  5. How close to the property line can my driveway be located?

    The driveway may be located at the property line.


  6. What does RS-1, RS-2, RS-3 mean?

    These are single-family zoning districts. The 'RS' stands for Residential use and the numerical value distinguishes which type of zoning criteria that is applicable to that property. Each type has different lot widths, lot coverages, maximum amount of required parking spaces, minimum living area, setbacks, etc.


  7. What other type of zoning districts are there?

    PO = Professional Office, GC = General Commercial, RG = multifamily, OC = Office/Commercial, MORC = Mixed Use, CC = Cultural Corridor, UU = Mobile Homes.


  8. Do I need a permit to install a trellis

    If the trellis is a permanent structure it must be permitted through the building department.


  9. Does the City have design standards concerning paint colors?

    No.


  10. Do I need to get the City's permission to cut down a tree on my residential property?

    You do not need a permit to cut down a tree on a residential property unless the lot has never been cleared before or if the tree in question is at a lakefront area or in the right-of-way.


  11. Do I need to get the City's permission to cut down a tree on a commercial property?

    Yes, no clearing can be done to a commercial property without the City of Maitland's approval.


  12. Where do I get the forms online?

    The applications can be picked up at the Building Department at 541 S. Orlando Avenue, Suite 301, or found on our website under City Departments, Community Development, Planning, Planning.


  13. Who do I call if a streetlight is out?

    Call Progress Energy at (407) 629-1010 and give them the address of the light that is out.


  14. What is an easement?

    An easement is an agreement between a property owner and another entity, such as a government agency or utility company that allows the entity to use that portion of the property for a specific purpose that has been agreed upon by the two parties.


  15. What is ROW?

    'ROW' stands for Right of Way. ROW is publicly owned land.


  16. Do I have to maintain the ROW between my property line and the edge of the street?

    Yes, Property owners are required to maintain the ROW from their property line to the back of curb.

  17. Can we build over a utility easement?

    Yes however to do this you have to get permission from the Public Works Department. If a permanent structure such as a wall is approved for construction and a utility must be repaired in that area, the homeowner is required to assume the cost of the repairs for a permanent structure.


  18. We would like to get different streetlights, would there be cost to our neighborhood?

    The City pays a dollar figure each month for the light poles within the City limits. There are standardized styles that are covered by this fee; any upgrade above the standard style must be charged to the neighborhood.


  19. How close can my pool be to my property line?

    Section 21-5.B. of the Maitland City code states 'No pool (excluding surrounding patio) shall be located closer to the side yard property line of the lot, parcel, or piece of land upon which said pool is located than the distance required by the zoning ordinances of the City for side yards in the zone in which the property is located plus three feet (3'), nor less than ten feet (10') from the rear property line. No pool shall be located nearer to the front line of the lot, parcel, or piece of land than the main or principal building or residence to which the pool is an accessory.'

    Following is for Winfield Annexation area only:
    21.5 V.B. - For Winfield Units 1 & 2 (Single-Family Residential Subdivisions) annexed by Ordinance No. 970, no pool shall be located in the front yard of the principal building. No pool shall be located closer than five feet (5') from any side or rear yard property line, nor closer than fifteen feet (15') from any street side yard property line. Pool equipment shall be screened by landscaping if located within any front or street side yard, subject to no hazardous obstruction to visibility for vehicular or pedestrian traffic. These screening elements shall be implemented when new swimming pool construction occurs, or when a pool is replaced or altered requiring a permit. (Ord. No. 1084, Sec. 3, 5/24/04)


  20. Can my pool screen be in the setback?

    Section 21-5.B.1 of the Maitland City code states Screen enclosures shall not be located closer to the side yard property line than the side yard requirement established by the zoning ordinances of the City for the lot, parcel or piece of land upon which the pool is located, nor closer to the rear property line than seven feet (7').

      On lakefront property, no screen enclosure shall exceed in height the height of the highest point of the roof structure for the principal structure. Furthermore, a pool enclosure constructed at a distance less than fifty feet (50') from the control water elevation of a lake may not exceed a height of twelve feet (12'). (Ord. No. 857, Sec. 1, 12/12/94).

    1. For the area defined in Ordinance No. 799 as the "Mayo Avenue Area Annexation", swimming pool screen enclosures which were constructed, prior to the effective date of annexation, at a distance of less than 71/2 feet from a side yard property line, but not less than five feet (5'), will be allowed to replace the enclosure in the preexisting location, subject to all other City of Maitland Code requirements. (Ord. No. 858, Sec. 7, 12/12/94)

    2. For the area defined in Ordinance No. 859 as the "Druid Annexation Area", swimming pool screen enclosures which were constructed, prior to the effective date of annexation at a distance of less than 71/2 feet from a side yard property line, but not less than five feet (5'), will be allowed to replace the enclosure in the preexisting location, subject to all other City of Maitland Code requirements. (Ord. No. 904, Sec. 3, 7/8/96)

      Following is for Winfield Annexation area only:

      21-5 V. B.1.a. For Winfield Units 1 & 2 (Single Family Residential Subdivisions) annexed by Ordinance No. 970, no pool enclosure shall be located within the front yard of the principal building, nor less than five feet (5') from any side or rear yard property line, nor less than fifteen feet (15') from any street side yard property line. (Ord. No. 1084, Sec. 3, 5/24/04)


  21. How do I find out setback information for my property?

    Setback information is available at City Hall, you may stop in or call for the information or you can find it on our web under itsmymaitland.com, click on city dept., scan down to Community Development and click on the zoning button, scan to the zoning section and click the Zoning Specifications Spreadsheet. That spreadsheet gives the breakdown for all of the zoning districts.


  22. What does 'permeable surface' mean?

    A 'Permeable surface' is a surface that water can penetrate quickly enough that there is little or no run off.


  23. Do I need a permit for a garden shed?

    Yes, Sec 21-5.B. of the Maitland City code states 'Accessory uses and structures shall not be located in required front or side yards nor located nearer than seven and one-half feet (71/2') to a rear property line; provided, however, that accessory structures for the housing of persons, such as guest houses and garage apartments, shall not be located in any required yard. On double frontage, through, or corner lots in residential districts, accessory uses and structures shall not be located in either of the front yards, but may be located in one but not both required side yards. However, in no case shall they be located closer than seven and one-half feet (71/2') to any side yard property line.' There is also a lot coverage calculation for each zoning district that must be checked prior to building any structures on the property.


  24. How do I determine the 'lot coverage' calculation for building on my property?

    Calculate the area of any structure on your property that has a roof. Divide that number by the square foot area of the lot. That number will be the lot coverage number. Compare that number to the lot coverage amount allotted for your zoning district found in the Zoning Specifications Spreadsheet. That will tell you if you can or cannot add additional structures to the property.

  25. What is the difference between lot coverage and impervious surface calculations?

    The lot coverage calculation is determined by the area of the property that is covered by any structure with a roof system. The impervious surface calculation is calculated by combining the lot coverage calculation with the area of hardscape found on or proposed for the property. Hardscape is being defined here as any surface that does not allow water to penetrate such as sidewalks, patios, driveways etc. This combined total is divided by the square foot area of the property to determine the permeable surface percentage.


  26. Can I divide my lot and sell part of it for development?

    Yes, as long as the minimum lot area is met by both properties and any existing structures meet the minimum requirements of the zoning district where it is located.


  27. Can I tear down a single-family house and build a duplex?

    That depends on if the single-family house is located in a zoning district that allows two family dwelling units.


  28. Can our driveway surface be mulch?

    Section 21-22.1.B of the Maitland City codes under the heading of 'Off-street parking and loading' states 'Unless otherwise requested by the applicant and approved by the city manager, the required off-street parking facilities shall be surfaced with asphalt, bituminous, or concrete material and maintained in a smooth, well-graded condition. Single-family and two-family residences are exempt from this requirement. Driveways, access aisles, and parking spaces for public and private schools offering academic courses and for churches may be surfaced with grass or lawn.'


  29. What is a setback?

    TA setback is the distance between the centerline of a street and the front, side or rear line of a building, excluding projections specifically permitted, or, in the case of districts requiring yards. All required yards shall be measured from such setback lines.


  30. What is a 'Required Yard'?

    A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from thirty inches (30") above the general ground level of the graded lot upward, provided, however, that fences, walls, poles, posts, children's play equipment, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. (Diagrams on how to measure various types of yards are found at the end of the definitions of various types of yards.)


  31. Can I build in a 'Required Yard'?

    Only a driveway or wall/fence system that measures 30" or less from finish grade is permitted in a required front yard.


  32. I want to build a fence/wall in my front yard. How high can it be?

    In the Required Front yard it cannot exceed 30" from finished grade and can be constructed so as not to cause a visibility issue. As the fence/wall exits from the setback area it can be increased to 8'.


  33. What is a CRA?

    'CRA' stands for Community Redevelopment Agency.


  34. I want to run a distributorship in the City of Maitland; can I use Public Storage to house my product?

    No, a business cannot be operated out of a storage business.


  35. I have a corner lot and I am trying to determine my front, rear, and side setbacks but your zoning code states that I have 2 front yards and 2 side yards, why?

    For zoning purposes any portion of a property that is adjacent to a roadway is considered a front yard unless exceptions have been recorded for that property. If a property is a corner lot, each street front side of the property would be considered a front yard. In turn both sides of the property that were not abutting a street would be considered a side yard. There would be no rear yard on a typical corner lot. Again there are exceptions to this statement so check with the Zoning Department to make sure this standard applies to your property.


  36. I want to have new traffic signs installed on our street, who should I contact?

    You would need to apply to the Public Works Department at (407) 539-6216


  37. I want to plant shrubs on my corner lot, are there any code issues that I should be aware of?

    Yes, there is a visibility issue that must be taken into consideration. Section 8-8.B.6.a of the City of Maitland code states that 'where the shrubs are planted in the required front yard of a residential zoning district or in a 'visibility triangle' as defined in the City regulations, or when planted in the interior parking lot planter islands, shrubs shall not exceed a height of thirty inches (30").'


  38. What is a visibility triangle?

    It is the area at an intersection that the visibility cannot be blocked or hindered by anything so there is a clear line of sight. Section 21-5.2 of the City of Maitland code under the heading of 'Visibility at Intersections' states that ''On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision, which constitutes hazardous conditions for vehicular or pedestrian traffic, between a height of two and one-half (21/2') and ten feet (10') above the top of the curb of the intersection streets in the areas bounded by the street (right-of-way) lines of such corner lots and a line joining points along said street (right-of-way) lines twenty-five feet (25') from the point of the intersection on minor and collector streets, and fifty feet (50') on arterial streets.' When plotting these requirements a triangular shape is created which is the 'visibility triangle'