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HomeMy WebLinkAbout2013 07 22 Public Hearing 500 Ordinance 2013-08 First Reading C1, C2, CC Text Amendments COMMISSION AGENDA     Informational Consent ITEM500 Public Hearings X Regular       July 22, 2013KSRS Regular MeetingCity ManagerDepartment         REQUEST: The Community Development Department – Planning Division requests the City Commission consider first reading of Ordinance 2013-08, which proposes text amendments to the permitted use and conditional use sections of the C-1 (Neighborhood Commercial), C- 2 (General Commercial), and CC (Commerce Center) zoning districts.   SYNOPSIS: Ordinance 2013-08 proposes text amendments to the permitted use and conditional use sections of the C-1 (Neighborhood Commercial), C-2 (General Commercial), and CC (Commerce Center) zoning districts. Specifically, the ordinance proposes amending the list of conditional uses in the C-1 zoning district to include funeral homes and mortuaries, and the list of permitted uses in the C-2 zoning district to include funeral homes and mortuaries. Currently, funeral homes and mortuaries are permitted in the C-2 zoning district only as a conditional use. Additionally, Ordinance 2013-08 proposes to amend the list of permitted uses in the CC zoning district to include crematoriums.   At the July 10, 2013 Planning & Zoning Board meeting, the Board recommended approval of Ordinance 2013-08 with a 4-1 vote subject to the phrase "start-up" being struck from  Section 20-345, "In General" of the CC zoning district. The Planning & Zoning Board believes the CC zoning district is not an area of the City that is intended for start-up industry, but is the home of businesses that are not transitory in nature.   APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041  Procedures for adoption of ordinances and resolutions. Public Hearings 500 PAGE 1 OF 4 - July 22, 2013 Winter Springs Charter Article IV.  Governing Body. Section 4.06. General powers and duties. Section 4.15.  Ordinances in General.      City of Winter Springs Comprehensive Plan Winter Springs Code of Ordinances - Chapter 20, Division 7, Division 8, Division 14 CONSIDERATIONS: Ordinance 2013-08 proposes text amendments to permit funeral homes and mortuaries as a Conditional Use in the C-1 (Neighborhood Commercial) zoning district, and as a permitted use in the C-2 (General Commercial) zoning district. Banfield Funeral Home is located at 420 W. State Road 434 in the C-1 (Neighborhood Commercial) zoning district. According to the owner, the funeral home has been operating in this location for approximately 25 years. Upon inquiry with the Planning Department, the owner learned that the funeral home is not a permitted use in the C-1 zoning district and is considered a valid nonconforming use in the C-1 zoning district. As a result of this situation and in an effort to update the City’s Code of Ordinances to recognize new technologies and trends in the funeral home industry, staff is proposing Ordinance 2013-08 to amend the list of conditional uses in the C-1 zoning district to include funeral homes and mortuaries. Staff’s research has confirmed that funeral homes and mortuaries are appropriate as a Conditional Use in the C-1 zoning district as this zoning district is intended for commercial uses of a lighter intensity that are not detrimental to adjacent residential zoning districts. Additionally, allowing funeral homes and mortuaries as a Conditional Use in the C-1 zoning district will afford the City Commission additional review of the proposed use and will allow the imposition of any conditions that the Commission feels are necessary to make the use compatible with permitted uses in the surrounding area.   Currently, funeral homes and mortuaries are permitted in the C-2 zoning district as a Conditional Use. Staff is proposing to amend the list of permitted uses in the C-2 zoning district to include funeral homes and mortuaries as a permitted use instead of a conditional use. The C-2 zoning district is an appropriate location for funeral homes and mortuaries as this zoning district is intended to serve the commercial needs of the entire community, and properties zoned C-2 are easily serviced by collector and major arterial roads adaptable to higher traffic generating commercial uses.   Staff performed research to determine whether neighboring jurisdictions permit funeral homes and mortuaries as a permitted and/or a Conditional Use in certain zoning districts. Altamonte Springs permits funeral homes only as a Conditional Use in two zoning districts. Apopka permits funeral homes that only perform funeral rites in their Retail Commercial zoning district and permit funeral homes that engage in embalming and preparation of bodies for burial in their C-2 zoning district. Casselberry permits funeral homes only as a Conditional Use in three zoning districts. DeLand permits funeral homes, mortuaries, and crematoriums in their Business Retail District, General Commercial District, Downtown Commercial District and their Industrial district. Oviedo permits funeral homes in seven of the city’s zoning districts. Sanford permits funeral homes in four zoning districts.    In addition to proposed text amendments to the permitted and conditional use sections of the C-1 and C-2 zoning districts, City staff is proposing a text amendment to amend the list of permitted uses in the CC zoning district to include crematoriums. Currently, crematoriums are not permitted in the CC zoning district or in any zoning district of the City. Several Public Hearings 500 PAGE 2 OF 4 - July 22, 2013 months ago, the City received a request to permit a crematorium in the CC (Commerce Center) zoning district. The CC zoning district is the smallest zoning district in the City area-wide and is concentrated along Belle Avenue, on the western edges of the City. Per the Code of Ordinances this zoning district is intended to “encourage and develop start-up industry of an exceptionally clean, non-objectionable type and permit the normal operation of land uses listed hereunder under such conditions of operation that will protect any abutting residential and other noncommercial uses, minimize the interruption of traffic along adjacent thoroughfares, and promote aesthetic and architectural harmony, attractiveness, and compatibility within the community and abide by the performance and development standards of the city, county, state and U.S. government.”   To determine the viability of a crematorium in the CC zoning district, City staff performed research to determine whether crematoriums are an exceptionally clean, non-objectionable use, or if they are noxious uses that produce smells and noise that are noticeable to the surrounding properties.   Crematoriums are regulated by Florida Statute Chapter 497, Part VI. Per Florida Statute, a "cinerator" facility is required to be licensed and regulated through the State of Florida. Each facility is subject at all times to inspection by State and local inspectors and their agents. Additionally, each facility is required to submit reports to the State that includes the names of people that are cremated, the date and county of death, the name of each person supervising each cremation, the name and license number of the establishment requesting cremation, and the types of containers used to hold the body during cremation. Additionally, appropriate permits from the Florida Department of Environmental Protection are required to be obtained by operators.   Staff performed research to determine whether neighboring jurisdictions permit crematoriums. DeLand permits funeral homes, mortuaries, and crematoriums in their Business Retail District, General Commercial District, Downtown Commercial District and their Industrial district. Sanford permits crematoriums in their Industrial zoning districts. Other jurisdictions that were surveyed do not permit crematoriums.   Furthermore, the future land use designation of the CC zoning district is “Industrial”, which includes very light, light and heavy uses. Adding crematoriums to the list of permitted uses in the CC (Commerce Center) zoning district does not appear to pose any negative impacts to the surrounding properties or businesses. Research reveals them to be an exceptionally clean, non-objectionable use, and the inclusion of crematoriums as a permitted use does not appear to alter the established character of the CC zoning district.   At the July 10, 2013 Planning & Zoning Board meeting, the Board recommended approval of Ordinance 2013-08 with a 4-1 vote subject to the revision Section 20-345, "In General" of the CC zoning district to remove the phrase "start-up" from the description of the zoning district. The Planning & Zoning Board believes the CC zoning district is not an area of the City that is intended for start-up industry, but is the home of businesses that are not transitory in nature. FISCAL IMPACT: There is no direct fiscal impact to the City as a result of the text amendments proposed via Ordinance 2013-08.  The proposed changes reflect current industry standards that make these types of uses more compatible with the surrounding properties.  The proposed text Public Hearings 500 PAGE 3 OF 4 - July 22, 2013 amendments are among other on-going efforts to update the City's Code of Ordinances and to lesson certain superfluous regulations to doing business within the City. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals.   This item was advertised in the Orlando Sentinel on July 11, 2013. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve first reading of Ordinance 2013-08, which proposes text amendments to the permitted uses and Conditional Use sections of the C-1 (Neighborhood Commercial), C-2 (General Commercial), and CC (Commerce Center) zoning districts, and strikes the phrase "start-up" from Section 20-345, "In General" of the CC zoning district, and move said ordinance to second reading. ATTACHMENTS: A.  Ordinance 2013-08 B.  City Code of Ordinances - Chapter 20, Division 7, C-1 zoning district      Chapter 20, Division 8, C-2 zoning district      Chapter 20, Division 14, CC zoning district   C. Florida Statute - Chapter 497, Part VI D. Minutes, July 10, 2013 Planning & Zoning Board meeting E. Advertisement, Orlando Sentinel - July 11, 2013   Public Hearings 500 PAGE 4 OF 4 - July 22, 2013 Attachment "A" ORDINANCE NO. 2013-08 AN ORDINANCE OFTHE CITY COMMISSION OFTHE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING CHAPTER 20. ZONING, OF THE CODE OF ORDINANCES; AMENDING THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO ADD MORTUARIES AND FUNERAL HOMES AS A CONDITIONAL USE; AMENDINGTHE C-2 GENERAL COMMERCIALDISTRICT TO ADD MORTUARIES AND FUNERAL HOMES AS A PERMITTED USE; AMENDING THE CC COMMERCE CENTER DISTRICT TO ADD CREMATORIES AS A PERMITTED USE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. , the City is granted the authority, under § 2(b), Art. VIII of the State WHEREAS Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and the City’s C-1 Neighborhood Commercial District is intended to provide, WHEREAS, among other things, office-oriented professional services which serve the community; and the City’s C-2 General Commercial District is intended to provide for a variety WHEREAS, of commercial operations which servethe commercial needs of the community and are not detrimental to the adjacent noncommercial uses; and the City believes that mortuaries and funeral homes provide important WHEREAS, professional and commercial services to the Winter Springs community consistent with the intent of the C-1 and C-2 Districts; and the City Commission desires to amend the City’s C-1 District to add mortuaries WHEREAS, and funeral homes as a conditional use, and to amend the City’s C-2 District to add mortuaries and funeral homes as a permitted use; and the City’s CC Commerce Center District is intended to provide for a variety WHEREAS, of small scale commercial and light industrial uses which serve the needs of the community without generating excessive traffic; and the City believes that crematories serve the needs of the community and that WHEREAS, the use is appropriate within the City’s CC District as a permitted use; and City of Winter Springs Ordinance No. 2013-08 Page 1 of 5 the City Commission of the City of Winter Springs, Florida, hereby finds this WHEREAS, ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: The foregoing recitals are hereby fully incorporated herein by Section 1. Recitals. reference as legislative findings of the City Commission of Winter Springs. The City of Winter Springs Code of Ordinances, Chapter Section 2. Code Amendment. 20. Zoning, is herebyamended as follows (underlinedtype indicates additions and strikeout type indicates deletions, while asterisks () indicate a deletion from the Ordinance of text existing in * * * Chapter 20. It is intended that the text in Chapter 20 denoted bythe asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 20. ZONING * * * ARTICLE III. ESTABLISHMENT OF DISTRICTS * * * DIVISION 7. C-1 NEIGHBORHOOD COMMERCIAL DISTRICT * * * Sec. 20-234. - Conditional uses. * * * (6) Mortuaries and funeral homes. * * * DIVISION 8. C-2 GENERAL COMMERCIAL DISTRICT * * * Sec. 20-252. - Uses permitted. City of Winter Springs Ordinance No. 2013-08 Page 2 of 5 Within C-2 General Commercial District, no building, structure, land or watershall be used except for one (1) or more of the following uses: * * * (36)Mortuaries and funeral homes. * * * Sec. 20-254. - Conditional Uses. * * * (5)Mortuary and funeral homes; (5 6)Multiple-family residential with a maximum allowable density no greater than that allowed under Medium Density Residential future land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage; (6 7)Small-scale cabinet makers, furniture assembly, and woodworking shops (notto exceed 2,500 sq. ft.); (7 8)Small-scale clothing manufacturing (not to exceed 2.500 sq. ft.). * * * DIVISION 14. CC COMMERCE CENTER ZONING DISTRICT Sec. 20-345. In general. The provisions of this district are intended to apply to lands suitable for a wide variety of small scale (less than seven thousand five hundred (7,500) square feet) commercial and light industrial tenants in divided warehouses which serve the needs of the community without generating excessive traffic from clientele and suppliers of materials. The purpose of this district is to encourage and develop start-up industry of an exceptionally clean, non-objectionable type and permit the normal operation of land uses listed hereunder under such conditions of operation that will protect any abutting residential and other noncommercial uses, minimize the interruption of traffic along adjacent thoroughfares, and promote aesthetic and architectural harmony, attractiveness, and compatibility within the community and abide by the performance and development standards of the city, county, state and U.S. government. Areas of the city for which this zoning category is appropriate are designated on the future land use map as "industrial.” City of Winter Springs Ordinance No. 2013-08 Page 3 of 5 * * * Sec. 20-345.1 - Uses permitted. Within the CC Commerce Center Zoning District, no building, structure, land or water shall be used except for one (1) or more of the following uses: * * * (20)Crematories. * * * All prior Section 3.Repeal of Prior Inconsistent Ordinances and Resolutions. inconsistent ordinances and resolutions adopted by theCity Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. This Ordinance shall be incorporated into the Section 4.Incorporation Into Code. Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessaryto effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affectingthe construction or meaning of this Ordinance and the City Code may be freely made. If any section, subsection, sentence, clause, phrase, word or Section 5.Severability. provision of this ordinance is for anyreason held invalid or unconstitutional byany court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. This Ordinance shall become effective immediately upon Section 6.Effective Date. adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. \[ADOPTION PAGE FOLLOWS\] City of Winter Springs Ordinance No. 2013-08 Page 4 of 5 by the City Commission of the City of Winter Springs, Florida, in a regular ADOPTED meeting assembled on the _____ day of ______________, 2013. ____________________________________ CHARLES LACEY, Mayor ATTEST: _____________________________________ ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. _____________________________________ ANTHONY A. GARGANESE City Attorney 1st Legal Ad Published:_______________ First Reading:_______________ 2nd Legal Ad Published:_______________ Effective Date: _______________ City of Winter Springs Ordinance No. 2013-08 Page 5 of 5 Attachment"B" PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 7. - C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS Sec. 20-232. -Uses permitted. Sec. 20-233. -Reserved. Sec. 20-234. -Conditional uses. Sec. 20-235. -Building height regulations. Sec. 20-236. -Overlay district regulations. Sec. 20-237. -Bulk regulations. Sec. 20-238. -Off-street parking regulations. Sec. 20-239. -Reserved. Secs. 20-240—20-250. -Reserved. The C-1 Neighborhood Commercial District consists of lands abutting principal streets, the frontages of which are especially adaptable to selected light retail sales and services and office-oriented professional services which serve the community and which are not detrimental to adjacent residential districts. Adjoining these lands are residential districts that would be adversely affected by a greater diversification of uses creating serious problems of traffic movement andgeneration. The land uses under this district shall promote spaciousness of land uses, minimize traffic along adjacent thoroughfares and within residential districts, promote aesthetic and architectural harmony, attractiveness, and compatibility with nearby residential districts and within the community, and abide by the performance and development standards of the city, county, state, and U.S. government. Areas of the city for which this zoning category are appropriate are designated on the future land use map as "commercial." (Ord. No. 44, § 44.46, 1-8-68; Ord. No. 2002-07, § 4, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04) (a)Within any C-1 Neighborhood Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1)Advertising agencies; (2)Alcoholic beverage sales (package); (3)Alcoholic beverage on-premises consumption; (4)Alterations and tailoring; (5)Animal hospitals and veterinary clinics (with no outside kennels); (6)Antique and gift shop; (7)Appliances, sales and service; (8)Art supplies and picture framing shops; (9)Artists' (such as painters, sculptors, and craftmakers) studios; (10)Attorneys; (11)Automotive accessories sales; (12)Bakery, retail; (13)Bathroom accessories; Winter Springs, Florida, Code of Ordinances Page 1 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 7. - C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS (14)Bicycles, sales and service (including rentals); (15)Bookstores, stationery and office supplies, newsstands; (16)Bookkeepers; (17)Butcher shop, retail only; (18)Cleaners; (19)Coin dealers; (20)Computers, hardware, software, and other electronicssales and service; (21)Confectionery and ice cream stores (including outside dining); (22)Copy shops; (23)Cultural institutions (such as museums, etc.); (24)Dance and music studios; (25)Day nurseries, kindergartens and day care; (26)Drug and sundry stores; (27)Employment agencies; (28)Financial institutions, banks, savings and loan; (29)Floor coverings; (30)Florist and gift shops (including outdoor display and sales); (31)Formal wear rentals; (32)Furniture, retail, new and used; (33)Grocers, retail; those whose business include and are limited to the retail sale of groceries including produce, meats and household goods but shall not include the sale of gasoline; (34)Gun shop; (35)Hair and beauty salons (including nail salons); (36)Hardware stores; (37)Health and exercise clubs and athletic training facilities; (38)Health food; (39)Hobby and craft shops; fabric stores; (40)Hospitals, and nursing homes; (41)Hypnotists; (42)Ice, retail (43)Insurance; (44)Interior decorating and draperies; (45)Jewelry stores; (46)Launderettes and laundromats; Winter Springs, Florida, Code of Ordinances Page 2 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 7. - C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS (47)Libraries; (48)Loan companies; (49)Locksmiths; (50)Luggage shops; (51)Medical and dental clinics and laboratories; (52)Micro-breweries and micro-wineries; (53)Nurseries, plants, trees, etc., retail (including outdoor display and sales); (54)Offices, professional and business; (55)Outdoor advertising signs sales offices; (56)Paint store; (57)Parking garages; (58)Pet shops and grooming; (59)Photographic studios; (60)Post office; (61)Private clubs and lodges; (62)Public and government services; (63)Radio and TV sales and service; (64)Religious assembly; (65)Rental shops; (66)Retirement homes; (67)Restaurants and outdoor dining; cafes; (68)Schools, public, private and parochial, service vocational schools (such as cosmetology, medical and dental assistant's training) requiring no mechanical equipment; (69)Shoe repair shops; (70)Skating rinks; (71)Sporting goods, retail; (72)Swimming pool sales, service and supplies; (73)Tailoring shops; (74)Taxidermists; (75)Telephone business office and exchanges and telemarketers (No dispatch); (76)Title companies; (77)Tobacco shops; (78)Toy stores; (79)Travel agencies; Winter Springs, Florida, Code of Ordinances Page 3 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 7. - C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS (80)Wearing apparel stores; (81)Public recreational facilities. (b)Outdoor display and/or sales are prohibited except by conditional use. (Ord. No. 44, § 44.47, 1-8-68; Ord. No. 264, § 1, 7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No. 2002- 07, § 4, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2006-19, § 2, 11-13-06) Editor's note— Ord. No. 2003-36, § 5, adopted Oct. 13, 2003, repealed formerin its entirety section 20-233 which pertained to nonconforming uses and derived from Ord. No. 44, § 44.47.1, Jan. 8, 1968; Ord. No. 264, § 1, July 13, 1982. (1)Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys and similar uses), excluding public recreational areas and facilities which shall be permitted undersection 20-232(81); (2)Animal hospitals and veterinary clinics with outside kennels; (3)Car wash; (4)Convenience markets and stores and self-service gasoline sales; (5)Multiple-family residential with amaximum allowable density no greater than that allowed under a medium density residential future land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage. (Ord. No. 44, § 44.48, 1-8-68; Ord. No. 240, § 8, 5-26-81; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2006-19, § 2, 11-13-06) In C-1 Neighborhood Commercial Districts, the building height shall not exceed fifty (50) feet. (Ord. No. 44, § 44.49, 1-8-68) Overlay district regulations may apply. (Ord. No. 44, § 44.50, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04) (1)Minimum front setback: Twenty-five (25) ft. (2)Minimum rear and side setback: Fifteen (15) ft. (3)The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 44, § 44.51, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04) Section 9-276et seq. as to off-street parking regulations in C-1Neighborhood Commercial Districts shall apply. (Ord. No. 44, § 44.52, 1-8-68) Editor's note— Winter Springs, Florida, Code of Ordinances Page 4 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 7. - C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS Ord. No. 2000-07, § 2, adopted May 8, 2000, repealed formerin its entirety which § 20-239 pertained to the requirement of a wall between commercial and residential developments and derived from Ord. No. 710, § II, adopted Jan. 11, 1999. Winter Springs, Florida, Code of Ordinances Page 5 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 8. - C-2 GENERAL COMMERCIAL DISTRICT Sec. 20-252. -Uses permitted. Sec. 20-253. -Building height regulations. Sec. 20-254. -Conditional uses. Sec. 20-255. -Bulk regulations. Sec. 20-256. -Supplemental outdoor storage and warehousing requirements. Sec. 20-257. -Reserved. The lands of the C-2 General Commercial District are to be used by a variety of commercial operations which serve the commercial needs of the community. The purpose of this district is to permit the normal operation of the majority of general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses, minimize the interruption of traffic along adjacent thoroughfares, promote aesthetic and architectural harmony, attractiveness, and compatibility within the community, and abide by the performance and development standards of the city, county, state and U.S. government. This district is intended for lands adjacent to or easily serviced by collector and major arterial roads adaptable to higher traffic generating general commercial uses. (Ord. No. 44, § 44.53, 1-8-68; Ord. No. 2002-07, § 3, 7-8-02) Within C-2 General Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1)Any permitted use allowed in C-1 Neighborhood Commercial Districts; (2)Automotive sales; (3)Automotive renting and leasing; (4)Automotive tires; (5)Baker, wholesale; (6)Boat sales; (7)Building and plumbing supplies; (8)Bus terminal; (9)Cold storage and frozen food lockers; (10)Convenience markets and stores; (11)Cultural institutions (such as museums and art galleries; (12)Feed stores; (13)Offices, professional and business; (14)Gas, bottled; (15)Grocers, wholesale; (16)Ice, wholesale; (17)Industrial trade, professional and vocational schools, not involving operations of an industrial nature; Winter Springs, Florida, Code of Ordinances Page 1 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 8. - C-2 GENERAL COMMERCIAL DISTRICT (18)Full-service gas stations, as an accessory use to a convenience store and satisfying any distance requirement established by City Code; (19)Veterinarian and accessory kennels; (20)Laboratories for testing materials and chemical analysis of a nonindustrial nature; (21)Lumber and building supplies in an enclosed building or structure; (22)Mobile home sales; (23)Movers; (24)Nurseries, plants, trees; wholesale; (25)Home and general commercial Pest control (exterminating) of a nonindustrial nature; (26)Printers, commercial; (27)Public and government services; (28)Recreational vehicles; (29)Swimming pool contractors, equipment storage; (30)Taxicabs; (31)Wholesale meat and produce distributors. (32)Automotive/boat/manufactured home minor service and minor repair establishments (including filling stations, repair garages and similar non-intense uses), provided that all activity shall be conducted within a completely enclosed building and there is no outdoor storage of any kind; (33)Radio and television studios and offices. (34)Outdoor storage facility specifically designed for the parking and storage of vehicles, equipment, goods and materials, provided said storage occurs on real property located adjacent to a state collector road and within and adjacent to an electric transmission line right-of-way/easement, and railroad track right-of-way/easement. Said facility shall be subject to the supplemental regulations set forth insection 20-256 (35)A single warehouse building not to exceed twenty-seven thousand (27,000) square feet and twenty-five (25) feet in height, provided the warehouse building is located adjacent to a functional railroad line and used in conjunction, in whole or in part, with the storage of products that are unloaded from railroad lines for wholesale or retail sale. No outdoor storage of products and materials shall be permitted unless expressly authorized by City Code. Said warehouse shall be subject to the supplemental regulations set forth insection 20-256 (Ord. No. 44, § 44.54, 1-8-68; Ord. No. 265, § 1, 7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No. 2001- 50, § 2, 10-22-01; Ord. No. 2002-07, § 3, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2008-10, § 2, 8-11-08) No building or structure shall exceed fifty (50) feet in height. (Ord. No. 44, § 44.55, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04) (1)Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys, and similar uses); (2)Automotive/boat/manufactured home major service and major repair establishments (including body repairs and painting and similar heavy type uses); Winter Springs, Florida, Code of Ordinances Page 2 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 8. - C-2 GENERAL COMMERCIAL DISTRICT (3)Car wash; (4)Halfway houses, group homes, and similar uses; (5)Mortuary and funeral homes; (6)Multiple-family residential with a maximum allowable density no greater than that allowed under a Medium Density Residential future land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage; (7)Small-scale cabinet makers, furniture assembly, and woodworking shops (not to exceed 2,500 sq. ft.); (8)Small-scale clothing manufacturing (not to exceed 2,500 sq. ft.); (Ord. No. 2002-07, § 3, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04) (1)Minimum front setback: Twenty-five (25) ft. (2)Minimum side and rear setback: Fifteen (15) ft. (3)The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 2004-28, § 2, 7-12-04) In addition to other applicable provisions of theCity Code and other requirements imposed by the city in accordance with the city's development review process (including site plan review), open storage uses under this division shall also be subject to the following requirements: (1)Outdoor storage shall be screened from streets by a ten (10) foot decorative masonry wall with any gates being opaque. Any automobile, boat, boat trailer, watercraft, motor home, travel trailer, equine trailer, recreational vehicle, and other vehicle and equipment, materialsand goods stored under this division shall not be visible from any public collector road. In order to prevent visibility from public streets, the following minimum standards shall apply: (i) no vehicle, equipment, goods, or materials in excess of ten (10)feet in height shall be stored along or adjacent to the ten (10) foot decorative masonry wall; and (ii) no vehicle, equipment, goods or materials shall be stored on the real property in excess of thirteen and one-half (13½) feet in height. (2)The following vehicles and equipment may be stored on the property; a.Any vehicle permitted within a residential zoning category as more specifically provided in section 20-434 b.No more than twelve (12) spaces shall be allowed for over the road type semi tractors and/or tractor trailers designed with fifty wheel attachment components, loaded or unloaded, attached together or unattached, in any of the twelve (12) spaces. No more than one (1) attached or unattached over the road semi tractor/trailer unit shall be allowed in any one (1) space. c.Boats, boat trailers, water craft, residential vehicles, motor homes, travel trailers and equine trailers. d.Take home "on call" repair and service vehicles that are operated by persons off duty, but in an "on call" work status for responding to emergencies. e.Vintage, classic or other vehicles which are awaiting or undergoing restoration provided that the restoration work is not performed on the property, the vehicle is fully in tact, and the vehicle is not stored for a period of more than one (1) year. Winter Springs, Florida, Code of Ordinances Page 3 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 8. - C-2 GENERAL COMMERCIAL DISTRICT f.Service vehicles and equipment which are necessary for the operation and maintenance of the uses expressly authorized on the property by City Code. g.Construction vehicles and equipment stored on a trailer, provided the construction vehicle and equipment do not violate the express prohibitions in subsection (3). h.No more than six (6) spaces shall be allowed for dump trucks and dump truck trailer units designed with spindle hitch type attachment components, loaded or unloaded, attached together or unattached, in any of the six (6) spaces. No more than one (1) attached or unattached unit shall beallowed in any one (1) space. i.Unlimited dual wheel single axle truck/trailer units not exceeding twenty-six thousand (26,000) gross vehicle weight (G.V.W.). (3)Unless otherwise expressly authorized in subsection (2), the storage of all other vehiclesand equipment shall be prohibited. Without limiting the aforementioned prohibition, the storage of the following vehicles are expressly prohibited: a.More than twelve (12) over the road semi tractor/trailer units as described in subsection 2.b. b.Any vehicle that exceeds thirteen and one-half (13½) feet in height, inclusive of any equipment, vehicles, cargo, or materials stored on top of the vehicle. c.Any vehicle requiring a special permit from the Florida Department of Transportation. d.Any wrecked vehicles, vehicles being stripped for parts, or vehicles awaiting salvage or recycling. e.Any vehicle functionally inoperable other than vehicles in the process of being restored as provided herein. f.Except as provided herein, heavy construction vehicles and equipment including, but not limited to, dump trucks, motor graders, bulldozers, front end loaders, cranes, derricks, and other earth and material excavating, hauling, grading, and lifting equipment over twenty-six (26,000) pounds of gross weight. g.More than six (6) dump truck/trailer units as described in subsection 2.h. (4)Bulk storage of flammable/hazardous materials shall be prohibited. (5)Warehouse buildings used in conjunction with the use authorized undersection 20-252(34) may be constructed up to the railroad right-of-way boundary provided said construction is permitted by the railroad company. (6)On-site light, minor maintenance and cleaning of any vehicle permitted by this division is allowed. However, the following shall be strictly prohibited: refueling, oil and engine fluid changes, major restoration, part salvage, major part replacement, engine repair, transmission repair, body repair, and other heavy and major repairs. (7)Indoor and outdoor storage facilities for vehicles permitted under this division shall be open to the general public for a space rental fee. (8)Storage of junk is strictly prohibited. (9)Vehicles permitted under this division shall not be used as living quarters. (10)Not more than a total of five (5) cargo or shipping containers shall be stored at any one time on the property. Winter Springs, Florida, Code of Ordinances Page 4 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 8. - C-2 GENERAL COMMERCIAL DISTRICT (11)Cargo transfer operations are strictly prohibited except to transfer goods and materials to and from a warehouse building authorized under this division. (12)Trucking terminal operations are strictly prohibited except to transfer goods and materials to and from a warehouse building authorized under this division. (13)Twenty-four-hour security personnel and/or security equipment shall be provided to provide reasonable protection of buildings located, and vehicles, equipment, goods and materials stored, on the property. (14)The property shall not be used for fleet parking of commercial vehicles nor shall the property be used as a centralized parking facility or staging area for construction vehicles and equipment. (15)Parking surfaces on the property shall be improved to meet City paving and drainage codes. However, R.A.P parking improvements shall be permitted in storage areas provided that the main drive aisles are paved with asphalt or concrete. (Ord. No. 2008-10, § 2, 8-11-08) Winter Springs, Florida, Code of Ordinances Page 5 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 14. - CC COMMERCE CENTER ZONING DISTRICT. Sec. 20-345. -In general. Sec. 20-345.1. -Uses permitted. Section 20-345.2. -Building height restrictions. Sec. 20-345.3. -Conditional uses. Sec. 20-345.4. -Bulk regulations. The provisions of this district are intended to apply to lands suitable for a wide variety of small scale (less than seven thousand five hundred (7,500) square feet) commercial and light industrial tenants in divided warehouses which serve the needs of the community without generating excessive traffic from clientele and suppliers of materials. The purpose of this district is to encourage and develop start-up industry of an exceptionally clean, non-objectionable type and permit the normal operation of land uses listed hereunder under such conditions of operation that will protect any abutting residential and other noncommercial uses, minimize the interruption of traffic along adjacent thoroughfares, and promote aesthetic and architectural harmony, attractiveness, and compatibility within the community and abide by the performance and development standards of the city, county, state and U.S. government. Areas of the city for which this zoning category is appropriate are designated on the future land use map as "industrial." (Ord. No. 2004-02, § 2, 2-9-04; Ord. No. 2011-06, § 2, 6-27-11) Within the CC Commerce Center Zoning District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1)Light manufacturing, processing, and/or assembly; wholesale sales and distribution of: a.Audio books; b.Bakery products; c.Bottling plants; d.Brooms and brushes; e.Candy and confectionery products; f.Ceramics and pottery; g.Cosmetics and toiletries; h.Customized cabinetry, furniture, or other specialty woodworking shop; i.Dairy products; j.Dental labs; k.Electrical machinery and equipment; l.Electronic equipment; software development; m.Floral arrangements; n.Garments, textile products including draperies; o.Glass and glass products; Winter Springs, Florida, Code of Ordinances Page 1 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 14. - CC COMMERCE CENTER ZONING DISTRICT. p.Jewelry; q.Optical equipment; r.Material or product packaging; s.Medical supplies (with limited rental); t.Perfume; u.Pharmaceutical products; v.Photographic equipment and supplies; w.Plastic products, except pyroxylin; x.Precision instruments and machinery; y.Promotional products; zRecreational equipment; aa.Screen printing; bb.Soap products and candles; cc.Shoes and leather goods (except leather processing); dd.Signs; ee.Silverware and utensils; ff.Specialty foods; gg.Specialty merchandise; hh.Species and spice packaging; ii.Stationery; jj.Toys; kk.Vehicle accessories and parts; ll.Window coverings; (2)Catering. (3)Equipment service and installation. (4)Landscaping services. (5)Offices and studios including: a.Advertising and marketing; b.Artists, such as painters, sculptors, and craftmakers; c.Auctioneers; d.Consultants; e.Contractors; f.Graphic arts, design; g.Mail order addressing; Winter Springs, Florida, Code of Ordinances Page 2 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 14. - CC COMMERCE CENTER ZONING DISTRICT. h.Musicians; i.Photography; j.Radio and television; k.Real estate brokers; l.Telephone sales solicitors; m.Utility management services; n.Vehicle brokers or agents; o.Wholesale sales and distribution; and p.Wrecker and towing service. (6)Packing and shipping services. (7)Paint stores. (8)Printing, bookbinding, engraving, and publishing plants. (9)Public and governmental services and facilities. (10)Record management, data processing services, data storage facilities. (11)Research, development, and laboratory facilities. (12)Testing of materials, equipment, and products. (13)Technical and trade instruction. (14)Vehicle repair (does not include body work or painting). (15)Vehicle upholstery. (16)Window tinting. (17)Warehousing and storage in enclosed buildings or structures (including cold storage and frozen food lockers). (18)Wholesale sales and distribution. (19)Retail sales directly associated with a permitted use authorized by this Section, provided the retail sales are ancillary, secondary, and incidental to the permitted use. (Ord. No. 2004-02, § 2, 2-9-04) No building or structure shall exceed thirty-five (35) feet. (Ord. No. 2004-02, § 2, 2-9-04) (1)Light manufacturing, processing, and assembly not listed above. (2)Health and exercise clubs and instruction which generate traffic from clientele. (3)Laundry and dry cleaning (with non-flammable solvents only). (4)Outside storage if screened from streets and adjacent properties by a masonry wall with an opaque gate. (Ord. No. 2004-02, § 2, 2-9-04; Ord. No. 2011-06, § 2, 6-27-11) Winter Springs, Florida, Code of Ordinances Page 3 PART II - CODE OF ORDINANCES Chapter 20 - ZONING ARTICLE III. - ESTABLISHMENT OF DISTRICTS DIVISION 14. - CC COMMERCE CENTER ZONING DISTRICT. (1)All uses shall be maintained within an enclosed permanent building with no outside storage, unless permitted by conditional use. (2)Maximum tenant area: Seven thousand five hundred (7,500) square feet. (3)Minimum front setback: Twenty-five (25) ft. (4)Minimum side and rear setback: Fifteen (15) feet. (Ord. No. 2004-02, § 2, 2-9-04; Ord. No. 2011-06, § 2, 6-27-11) Winter Springs, Florida, Code of Ordinances Page 4 Attachment"C" Attachment "D" Attachment "E"