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HomeMy WebLinkAbout2013 07 10 Public Hearing 500 Ordinance 2013-08PLANNING & ZONING BOARD AGENDA ITEM 500 July 10, 2013 Meeting Consent Information Public Hean*ng X Regular REQUEST: The Community Development Department —Planning Division requests that the Planning & Zoning Board consider 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 ofconditional 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. 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. 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. July 10, 2013 Planning & Zoning Board Agenda, Item 500 Page 2 of 4 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, 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 ofpermitted uses in the C -2 zoning district to include funeral homes and mortuaries as a permitted 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 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." July 10, 2013 Planning & Zoning Board Agenda, Item 500 Page 3 of 4 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. Crematoriums are regulated by Florida Statute. In addition, the City of DeLand permits crematoriums in four zoning districts, and the City of Sanford permits crematoriums in industrial zoning districts. 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. FISCAL IMPACT: There is no direct fiscal impact to the City as a result of the text amendments proposed via Ordinance 2013 -08. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney /Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. July 10, 2013 Planning & Zoning Board Agenda, Item 500 Page 4 of 4 STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Board recommend to the City Commission approval 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. 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 Attachment "A" ORDINANCE NO. 2013 -4 8 AN ORDINANCE OF THE CITY COMMISSION OF THE 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; AMENDING THE C -2 GENERAL COMMERCIAL DISTRICT 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. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City's C -1 Neighborhood Commercial District is intended to provide, among other things, office- oriented professional services which serve the community; and WHEREAS, the City's C -2 General Commercial District is intended to provide for a variety of commercial operations which serve the commercial needs of the community and are not detrimental to the adjacent noncommercial uses; and WHEREAS, the City believes that mortuaries and funeral homes provide important professional and commercial services to the Winter Springs community consistent with the intent of the C -1 and C -2 Districts; and WHEREAS, the City Commission desires to amend the City's C -1 District to add mortuaries 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 WHEREAS, the City's CC Commerce Center District is intended to provide for a variety of small scale commercial and light industrial uses which serve the needs of the community without generating excessive traffic; and WHEREAS, the City believes that crematories serve the needs of the community and that the use is appropriate within the City's CC District as a permitted use; and City of Winter Springs Ordinance No. 2013 - Page 1 of 4 WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this 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: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances, Chapter 20. Zoning, is hereby amended as follows (underlined type 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 by the 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. Mortuaries and funeral homes. * ** * ** * ** DIVISION 8. C -2 GENERAL COMMERCIAL DISTRICT Sec. 20 -252. - Uses permitted. * ** City of Winter Springs Ordinance No. 2013 - Page 2 of 4 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: Mortuaries and funeral homes. Sec. 20 -254. - Conditional Uses. (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 (not to exceed 2,500 sq. ft.); (77 ft) Small -scale clothing manufacturing (not to exceed 2.500 sq. ft.). DIVISION 14. CC COMMERCE CENTER ZONING DISTRICT 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. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior City of Winter Springs Ordinance No. 2013- Page 3 of 4 inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any 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. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular 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 1 st Legal Ad Published: First Reading: 2nd Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2013 - Page 4 of 4 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 and generation. 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 electronics sales 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 former section 20 -233 in its entirety 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 under section 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 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. (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 -276 et seq. as to off - street parking regulations in C -1 Neighborhood 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 former 20 -239 in its entirety which 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 in section 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 in section 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 the City 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, materials and 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 (13%2) 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 be allowed 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 vehicles and 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 (13%2) 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. 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 under section 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; I. 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. Winter Springs, Florida, Code of Ordinances Page 2 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; z Recreational 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; II. 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; I. 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 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 11 Attachment "C" PART VI CREMATION, CREMATORIES, AND DIRECT DISPOSITION 497.601 Direct disposition; duties. 497.602 Direct disposers, license required; licensing procedures and criteria; regulation. 497.603 Direct disposers, renewal of license. 497.604 Direct disposal establishments, license required; licensing procedures and criteria; license renewal; regulation; display of license. 497.605 Direct disposition not funeral directing. 497.606 Cinerator facility, licensure required; licensing procedures and criteria; license renewal; regulation. 497.607 Cremation; procedure required. 497.608 Liability for unintentional commingling of the residue of the cremation process. 497.609 Liability of direct disposers, direct disposal establishments, funeral directors, funeral establishments, and cnerator facilities regarding cremation. 497.601 Direct disposition; duties.- - (1) Those individuals licensed as direct disposers may perform only those functions set forth below: (a) Remove human remains from the place of death and store human remains in registered direct disposal establishments. (b) Secure pertinent information from the decedent's next of kin in order to complete the death certificate and to file for the necessary permits for direct disposition. (c) Obtain the necessary permits for direct disposition and arrange for obituaries and death notices to be placed in newspapers; provided, however, that the name of the direct disposal establishment may not appear in any death notice or obituary if any funeral service, memorial service, or graveside service is to take place and such service is mentioned in the death notice or obituary. (d) Refrigerate human remains prior to direct disposition and transport human remains to a direct disposal establishment for direct disposition. (e) Contract with a removal service or refrigeration facility to provide such services or facilities to a direct disposal establishment. (2) Direct disposers or funeral directors functioning as direct disposers may not, in their capacity as direct disposers, sell, conduct, or arrange for burials, funeral services, memorial services, visitations, or viewings; hold themselves out to the public as funeral directors; or use any name, title, or advertisement that may tend to connote that they are funeral directors. These prohibitions shall apply regardless of the fact that such individuals may be licensed as funeral directors. (3) Provided that direct disposers limit their activities to those functions set forth in subsection (1), those activities shall not be deemed to constitute funeral directing or embalming or the functions performed by a funeral director or embalmer as otherwise set forth in this chapter. History. —s. 15, ch. 93 -399; s. 67, ch. 94 -119; s. 126, ch. 2004 -301. Note. — Former s. 470.0165. 497.602 Direct disposers, license required; licensing procedures and criteria; regulation.— -4-4- ,.� /c +, + „ +o� /;,,7A� ��,-,'7A CtntiltaR,T TPT =Odd) -(IAQ 717/7(11 � Statutes & Constitution :View Statutes : Online Sunshine Page 2of11 (1) LICENSE REQUIRED. —Any person who is not a licensed funeral director and who engages in the practice of direct disposition must be licensed pursuant to this section as a direct disposer. (2) APPLICATION PROCEDURES. — (a) A person seeking licensure as a direct disposer shall apply for such licensure using forms prescribed by rule. (b) The application shall require the name, residence address, date and place of birth, and social security number of the applicant. (c) The application may require information as to the educational and employment history of the applicant. (d) The applicant shall be required to make disclosure of the applicant's criminal records, if any, as required by s. 497.142. (e) The application shall require the applicant to disclose whether the applicant has ever had a license or the authority to practice a profession or occupation refused, suspended, fined, denied, or otherwise acted against or disciplined by the licensing authority of any jurisdiction. A licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license. (f) The applicant shall submit fingerprints in accordance with s. 497.142. (g) The application shall require the applicant to demonstrate that the applicant does, or will before commencing operations under the license, comply with all requirements of this chapter relating to the licensure applied for. (h) The application shall be signed by the applicant. (i) The application shall be accompanied by a nonrefundable fee of $300. The licensing authority may from time to time increase the fee by rule but not to exceed more than $500. (3) ACTION CONCERNING APPLICATIONS. —A duly completed application for licensure under this section, accompanied by the required fees, shall be approved if the licensing authority determines that the following conditions are met: (a) The applicant is a natural person at least 18 years of age and a high school graduate or equivalent. (b) The applicant has taken and received a passing grade in a college credit course in mortuary law and has taken and received a passing grade in a college credit course in ethics. (c) The applicant has completed a course on communicable diseases approved by the licensing authority. (d) The applicant has passed an examination prepared by the department on the local, state, and federal laws and rules relating to the disposition of dead human bodies. (e) The applicant does or will prior to commencing operations under the license comply with all requirements of this chapter relating to the license applied for. (f) The applicant is of good character and has no demonstrated history of lack of trustworthiness or integrity in business or professional matters. (4) ISSUANCE OF LICENSE. —Upon approval of the application by the licensing authority, the license shall be issued. History. —ss. 1, 5, ch. 79•-231; ss. 2, 3, ch. 81 -318; s. 1, ch. 89 -8; ss. 16, 122, ch. 93 -399; s. 68, ch. 94 -119; s. 127, ch. 2004 -301; s. 46, ch. 2005 -155; s. 26, ch. 2010 -125. l,ttr, /Icxnxnxr Ina data fl 71c /14'tat1tacAneiPSr rfm9Ann 5',tah , tPXr.TTR1.= 0400.04() 7/1.0.011 Statutes & Constitution :View Statutes: Online Sunshine Page 3 of I I Note. — Former s. 470.017. 497.603 Direct disposers, renewal of license. — (1) A direct disposer's license shall be renewed upon receipt of the renewal application and fee set by rule of the licensing authority but not to exceed $500. (2) The licensing authority shall adopt rules establishing procedures, forms, and a schedule for the biennial renewal of direct disposer licenses. The rules shall require continuing education of up to 6 classroom hours, including, but not limited to, a course on communicable diseases approved by the licensing authority, and may establish criteria for accepting alternative nonclassroom continuing education on an hour -for -hour basis. History. —ss. 1, 5, ch. 79 -231; ss. 2, 3, ch. 81 -318; s. 1, ch. 89 -8; ss. 17, 122, ch. 93 -399; s. 211, ch. 94 -119; s. 6, ch. 98 -298; s. 27, ch. 2000 -356; s. 128, ch. 2004 -301; s. 102, ch. 2005 -2; s. 47, ch. 2005 -155; s. 27, ch. 2010 -•125. Note.— Former s. 470.018. 497.604 Direct disposal establishments, license required; licensing procedures and criteria; license renewal; regulation; display of license. — (1) LICENSE REQUIRED. —A direct disposer shall practice at a direct disposal establishment which has been licensed under this section and which may be a cinerator facility licensed under s. 497.606. No person may open or maintain an establishment at which to engage in or hold herself or himself out as engaging in the practice of direct disposition unless such establishment is licensed pursuant to this section. (2) APPLICATION PROCEDURES. — (a) A person seeking licensure as a direct disposal establishment shall apply for such licensure using forms prescribed by rule. (b) The application shall require the name, business address, residence address, date and place of birth or incorporation, and business phone number, of the applicant and all principals of the applicant. The application shall require the applicant's social security number or, if the applicant is an entity, its federal tax identification number. (c) The application shall name the licensed direct disposer or licensed funeral director acting as the direct disposer in charge of the direct disposal establishment. (d) The application may require information as to the applicant's financial resources. (e) The application may require information as to the educational and employment history of an individual applicant; and as to applicants that are not natural persons, the business.and employment history of the applicant and principals of the applicant. (f) The applicant shall be required to make disclosure of the applicant's criminal records, if any, as required by s. 497.142. (g) The application shall require the applicant to disclose whether the applicant or any of the applicant's principals including its proposed supervising licensee has ever had a license or the authority to practice a profession or occupation refused, suspended, fined, denied, or otherwise acted against or disciplined by the licensing authority of any jurisdiction. A licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license. (h) The applicant shall submit fingerprints in accordance with s. 497.142. hr+.,• / /,x «nx.1PR efafP fl ]1c /CC at,1tPCIZfIl1PY nfm`IAnn Ctat1itPRY.TIRT.= 0400_049 . 7/9.0.0 11 Statutes & Constitution :View Statutes: Online Sunshine Page 4 of 11 (i) The application shall require the applicant to demonstrate that the applicant does, or will before commencing operations under the license, comply with all requirements of this chapter relating to the licensure applied for. (j) The application shall be signed in accordance with s. 497.141(12). (k) The application shall be accompanied by a nonrefundable fee of $300. The licensing authority may from time to time by rule increase the fee but not to exceed $500. (3) ACTION CONCERNING APPLICATIONS. —A duly completed application for licensure under this section, accompanied by the required fee, shall be approved if the licensing authority determines that the following conditions are met: (a) The applicant is a natural person at least 18 years of age, a corporation, a partnership, or a limited liability company. (b) The applicant does or will prior to commencing operations under the license comply with all requirements of this chapter relating to the license applied for. The applicant shall have passed an inspection prior to issuance of a license under this section, in accordance with rules of the licensing authority. (c) The applicant and the applicant's principals are of good character and have no demonstrated history of lack of trustworthiness or integrity in business or professional matters. (4) ISSUANCE OF LICENSE. —Upon approval of the application by the licensing authority, the license shall be issued. (5) PROBATIONARY STATUS. —It is the policy of this state to encourage competition for the public benefit in the direct disposal establishment business by, among other means, the entry of new licensees into that business. To facilitate issuance of licenses concerning applications judged by the licensing authority to be borderline as to qualification for licensure, the licensing authority may issue a new license under this section on a probationary basis, subject to conditions specified by the licensing authority on a case -by- case basis, which conditions may impose special monitoring, reporting, and restrictions on operations for up to the first 24 months of licensure, to ensure the licensee's responsibleness, competency, financial stability, and compliance with this chapter. However, no such probationary license shall be issued unless the licensing authority determines that issuance would not pose an unreasonable risk to the public, and the licensing authority must within 24 months after issuance of the license either remove the probationary status or determine that the licensee is not qualified for licensure under this chapter and institute proceedings for revocation of licensure. (6) RENEWAL OF LICENSE. —A direct disposal establishment license shall be renewed biennially pursuant to schedule, forms, and procedures and upon payment of a fee of $200. The licensing authority may from time to time increase the fee by rule but not to exceed $400. (7) CHANGES SUBSEQUENT TO LICENSURE. —Each licensee under this section shall provide notice as required by rule prior to any change in location or control of the licensee or licensed person in charge of the licensee's operations. A change in control is subject to approval by the licensing authority and to reasonable conditions imposed by the licensing authority, for the protection of the public to ensure compliance with this chapter. Operations by the licensee at a new location may not commence until an inspection by the licensing authority of 1,++„ llixnxnx inn rtata A „c /CtalritPClinrlaY ofm9Ann mndi - -D1 zn1nv 7170.011 Statutes & Constitution :View Statutes: Online Sunshine Page S of 11 the facilities at the new location, pursuant to rules of the licensing authority, has been conducted and passed. (8) SUPERVISION OF FACILITIES. — (a) Effective October 1, 2010, each direct disposal establishment shall have one full -time licensed funeral director acting as the direct disposer in charge. However, a licensed direct disposer may continue acting as the direct disposer in charge, if, as of September 30, 2010: 1. The direct disposal establishment and the licensed direct disposer both have active, valid licenses. 2. The licensed direct disposer is currently acting as the direct disposer in charge of the direct disposal establishment. 3. The name of the licensed direct disposer was included, as required in paragraph (2)(c), in the direct disposal establishment's most recent application for issuance or renewal of its license or was included in the establishment's notice of change provided under subsection (7)• (b) The licensed funeral director or licensed direct disposer in charge of a direct disposal establishment must be reasonably available to the public during normal business hours for the establishment and may be in charge of only one direct disposal establishment. The licensed funeral director or licensed direct disposer in charge of the establishment is responsible for making sure the facility, its operations, and all persons employed in the facility comply with all applicable state and federal laws and rules. (9) REGULATION OF DIRECT DISPOSAL ESTABLISHMENTS. —° (a) There shall be established by rule standards for direct disposal establishments, including, but not limited to, requirements for refrigeration and storage of dead human bodies. (b) The practice of direct disposition must be engaged in at a fixed location of at least 625 interior contiguous square feet and must maintain or make arrangements for suitable capacity for the refrigeration and storage of dead human bodies handled and stored by the establishment. (c) Each direct disposal establishment shall at all times be subject to the inspection of all its buildings, grounds, and vehicles used in the conduct of its business, by the department, the Department of Health, and local government inspectors and by their agents. There shall be adopted rules which establish such inspection requirements. There shall be adopted by rule of the licensing authority an annual inspection fee not to exceed $300, payable upon issuance of license and upon each renewal of such license. (d) Each direct disposal establishment must display at the public entrance the name of the establishment and the name of the licensed direct disposer or licensed funeral director acting as the direct disposer in charge of the establishment. A direct disposal establishment must transact its business under the name by which it is licensed. (e) A direct disposal establishment may not be operated at the same location as any other direct disposal establishment or funeral establishment unless such establishments were licensed as colocated establishments on July 1, 2000. (f) A direct disposal establishment shall retain all signed contracts for a period of at least 2 years. (10) DISPLAY OF LICENSE.— h++r�• /Icxnxn�l ]P" CiaiP Fl ±-Fm9Ann mnr1P= T)icmInv RtatntPRr.TTRT: 0400_044. 71 ?.19.011 Statutes & Constitution :View Statutes : Online Sunshine Page 6of11 (a) A direct disposer establishment and each direct disposer, or funeral director acting as a direct disposer, employed at the establishment must display their current licenses in a conspicuous place within the establishment in such a manner as to make the licenses visible to the public and to facilitate inspection by the licensing authority. If a licensee is simultaneously employed at more than one location, the licensee may display a copy of the license in lieu of the original. (b) Each licensee shall permanently affix a photograph taken of the licensee within the previous 6 years to each displayed license issued to that licensee as a direct disposer or funeral director acting as a direct disposer. History. —ss. 1, 5, ch. 79 -231; ss. 2, 3, ch. 81 -318; ss. 13, 43, ch. 82 -179; s. 1, ch. 89 -8; s. 45, ch. 89 -162; s. 23, ch. 89 -374; ss. 20, 122, ch. 93 -399; s. 71, ch. 94 -119; s. 319, ch. 97 -103; s. 229, ch. 99 -8; s. 28, ch. 2000 -356; s. 129, ch. 2004 -301; s. 103, ch. 2005 -2; s. 48, ch. 2005 -155; s. 28, ch. 2010 -125. Note. — Former s. 470.021. 497.605 Direct disposition not funeral directing. —The duties, functions, and services performed by a direct disposer licensee, as provided by this chapter, shall not be deemed to constitute funeral directing or embalming or the duties, functions, or services performed by a funeral director or embalmer as otherwise defined and provided by this chapter. History. —ss. 1, 5, ch. 79 -231; ss. 2, 3, ch. 81 -318; s. 1, ch. 89 -8; s. 122, ch. 93 -399; s. 130, ch. 2004 -301. Note. — Former s. 470.022. 497.606 Cinerator facility, licensure required; licensing procedures and criteria; license renewal; regulation. — (1) LICENSE REQUIRED. —No person may conduct, maintain, manage, or operate a cinerator facility unless a license for such facility has been issued and is in good standing under this section. (2) APPLICATION PROCEDURES. — (a) A person seeking licensure as a cinerator facility shall apply for such licensure using forms prescribed by rule. (b) The application shall require the name, business address, residence address, date and place of birth or incorporation, and business phone number, of the applicant and all principals of the applicant. The application shall require the applicant's social security number or, if the applicant is an entity, its federal tax identification number. (c) The application shall name the licensed funeral director or licensed direct disposer who will be in charge of the cinerator facility. (d) The application may require information as to the applicant's financial resources. (e) The application may require information as to the educational and employment history of an individual applicant, and as to applicants that are not natural persons, the business and employment history of the applicant and principals of the applicant. (f) The applicant shall be required to make disclosure of the applicant's criminal records, if any, as required by s. 497.142. (g) The application shall require the applicant to disclose whether the applicant or any of the applicant's principals including its proposed supervising licensee has ever had a license or the authority to practice a profession or occupation refused, suspended, fined, denied, or otherwise acted against or disciplined by the licensing authority of any jurisdiction. A I, +f-- - /ASTY 7- I— � +.fP -n sic /CfaiiItPelinA -v nfm7Ann mnJP ==nicnlav gtnt„tQkIIRT: :0400-04() . 7/2/2f111 Statutes & Constitution :View Statutes: Online Sunshine Page 7 of I I licensing authority's acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license. (h) The applicant shall submit fingerprints in accordance with s. 497.142. (i) The application shall require the applicant to demonstrate that the applicant does, or will before commencing operations under the license, comply with all requirements of this chapter relating to the licensure applied for. (j) The application shall be signed in accordance with s. 497.141(12). (k) The application shall be accompanied by a nonrefundable fee of $300. The licensing authority may from time to time increase the fee by rule but not to exceed $500. (3) ACTION CONCERNING APPLICATIONS. --A duly completed application for licensure under this section, accompanied by the required fee, shall be approved if the licensing authority determines that the following conditions are met: (a) No license may be issued unless the cinerator facility has been inspected and approved as meeting all requirements as set forth by the department, the Department of Health, the Department of Environmental Protection, or any local ordinance regulating the facility. (b) The applicant is a natural person at least 18 years of age, a corporation, a partnership, or a limited liability company. (c) The applicant does or will prior to commencing operations under the license comply with all requirements of this chapter relating to the license applied for. (d) The applicant and the applicant's principals are of good character and have no demonstrated history of lack of trustworthiness or integrity in business or professional matters. (4) PROBATIONARY STATUS. —It is the policy of this state to encourage competition for the public benefit in the cinerator facility business by, among other means, the entry of new licensees into that business. To facilitate issuance of licenses concerning applications judged by the licensing authority to be borderline as to qualification for licensure, the licensing authority may issue a new license under this section on a probationary basis, subject to conditions specified by the licensing authority on a case -by -case basis, which conditions may impose special monitoring, reporting, and restrictions on operations for up to the first 24 months of licensure, to ensure the licensee's responsibleness, competency, financial stability, and compliance with this chapter. Provided, no such probationary license shall be issued unless the licensing authority determines that issuance would not pose an unreasonable risk to the public, and the licensing authority must within 24 months after issuance of the license either remove the probationary status or determine that the licensee is not qualified for licensure under this chapter and institute proceedings for revocation of licensure. (5) ISSUANCE OF LICENSE. —Upon approval of the application by the licensing authority, the license shall be issued. (6) RENEWAL OF LICENSE. — Licenses under this section shall be renewed biennially in accordance with a schedule, forms, and procedures established by rule. The nonrefundable and nonproratable biennial renewal fee shall be as determined by licensing authority rule but not to exceed $500. (7) CHANGES SUBSEQUENT TO LICENSURE. —Each licensee under this section shall provide notice as required by rule prior to any change in location or control of the licensee or licensed person in charge of the licensee's operations. A change in control is subject to approval by t,r+r,•1/z :Ti :nxr 1P" e1Fa4P fl rfm`IAnn mnrlP— Tlianlnv CtafiAc -. r.TTRT: 04(10_(149 71 ?.11)() 11 Statutes & Constitution Niew Statutes: Online Sunshine Page 8 of 11 the licensing authority and to reasonable conditions imposed by the licensing authority, for the protection of the public to ensure compliance with this chapter. Operations by the licensee at a new location may not commence until an inspection by the licensing authority of the facilities, pursuant to rules of the licensing authority, has been conducted and passed at the new location. (8) SUPERVISION OF FACILITIES. —Each cinerator facility shall have one full -time licensed direct disposer or licensed funeral director in charge for that facility. Such person may be in charge of only one facility. Such licensed funeral director or licensed direct disposer shall be responsible for making sure the facility, its operations, and all persons employed in the facility comply with all applicable state and federal laws and rules. (9) REGULATION OF CINERATOR FACILITIES. — (a) There shall be established by rule standards for cinerator facilities, including, but not limited to, requirements for refrigeration and storage of dead human bodies, use of forms and contracts, and record retention. (b) No more than one dead human body may be placed in a retort at one time, unless written permission has been received from a legally authorized person for each body. The operator of a cinerator facility shall be entitled to rely on the permission of a legally authorized person to cremate more than one human body at a time. (c) Each cinerator facility shall at all times be subject to the inspection of all its buildings, grounds, records, equipment, and vehicles used in the conduct of its business, by the department, the Department of Environmental Protection, the Department of Health, and local government inspectors and by their agents. Rules shall be adopted which establish such inspection requirements. There shall by rule of the licensing authority be adopted an annual inspection fee not to exceed $300, payable prior to issuance of license and upon each renewal of such license. (d) A cinerator facility licensed under this section shall only receive dead human bodies for cremation. A cinerator facility may not receive other materials, or medical, hazardous, and biohazardous waste, for the purpose of disposal in a retort. (e) Each cinerator facility must display at its public entrance the name of the facility and the name of the funeral director or direct disposer responsible for that facility. A cinerator facility must transact its business under the name by which it is licensed. (f) A cinerator facility located at the same address as a funeral establishment may not have a direct disposer as its individual in charge, (g) A cinerator facility shall not place human remains or body parts in a retort or cremation chamber unless the human remains are in an alternative container, cremation container, or casket. Human remains may be transported in a cremation container or stored if they are completely covered, and at all times treated with dignity and respect. Cremation may include the processing and pulverization of bone fragments. Cremated remains may be placed in a temporary container following cremation. None of the provisions contained in this subsection require the purchase of a casket for cremation. This subsection applies to at -need contracts and preneed contracts entered into pursuant to this chapter after June 1, 1996. (h) Each cinerator facility shall ensure that all alternative containers, cremation containers, or caskets used for cremation contain no amount of chlorinated plastics not authorized by the Department of Environmental Protection, that they also are composed of readily combustible or consumable materials suitable for cremation, able to be closed to provide a complete u___I < -- - - -,__ ­ --A — na00_na4 q Statutes & Constitution :View Statutes: Online Sunshine Page 9 of 11 covering for the human remains, resistant to leakage or spillage, rigid enough for handling with ease, and able to provide for the health, safety, and personal integrity of the public and crematory personnel. (i) There shall be rules adopted requiring each facility to submit periodic reports to the department that include the names of persons 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. (j) Each cinerator facility shall be inspected prior to the initial issuance of its license and annually thereafter and shall: 1. Maintain one or more retorts for the reduction of dead human bodies. 2. Maintain refrigeration that satisfies the standards set by the Department of Health and contains sufficient refrigerated space for the average daily number of bodies stored, if unembalmed bodies are kept at the site. 3. Maintain sufficient pollution control equipment to comply with requirements of the Department of Environmental Protection in order to secure annual approved certification. 4. Either have on site or immediately available sufficient gasketed containers of a type required for the transportation of bodies as specified in applicable state rules. 5. Maintain the premises in a clean and sanitary condition. 6. Have appropriate Department of Environmental Protection permits. History. —ss. 1, 5, ch. 79 -231; ss. 2, 3, ch. 81 -318; s. 1, ch. 89 -8; s. 47, ch. 89 -162; s. 25, ch. 89 -374; s. 22, ch. 91 -137; s. 140, ch. 92 -149; ss. 24, 122, ch. 93 -399; s. 73, ch. 94- 119; s. 456, ch. 94 -356; s. 5, ch. 96 -355; s. 230, ch. 99 -8; s. 131, ch. 2004 -301; s. 49, ch. 2005 -155; s. 3, ch. 2009 -219. Note.—Former s. 470.025. 497.607 Cremation; procedure required. — (1) At the time of the arrangement for a cremation performed by any person licensed pursuant to this chapter, the person contracting for cremation services shall be required to designate her or his intentions with respect to the disposition of the cremated remains of the deceased in a signed declaration of intent which shall be provided by and retained by the funeral or direct disposal establishment. A cremation may not be performed until a legally authorized person gives written authorization for such cremation. The cremation must be performed within 48 hours after a specified time which has been agreed to in writing by the person authorizing the cremation. (2) With respect to any person who intends to provide for the cremation of the deceased, if, after a period of 120 days from the time of cremation the cremated remains have not been claimed, the funeral or direct disposal establishment may dispose of the cremated remains. Such disposal shall include scattering them at sea or placing them in a licensed cemetery scattering garden or pond or in a church columbarium or otherwise disposing of the remains as provided by rule. (3) Pursuant to the request of a legally authorized person and incidental to final disposition, cremation may be performed on parts of human remains. (4) in regard to human remains delivered to the control of the anatomical board of this state headquartered at the University of Florida Health Science Center, the provisions of this subsection and chapter shall not be construed to prohibit the anatomical board from causing �_ 1__ _._.._ n _1___ ....nn_.:.. .... -,7 7_%:n_.1_, c +_4+ +_V,-TTbi —An AA Ano ^717/7!112 Statutes & Constitution Niew Statutes: Online Sunshine Page 10 of 11 the final disposition of such human remains through cremation or otherwise when performed in facilities owned and operated by such anatomical board or the University of Florida Health Science Center pursuant to and using such processes, equipment, and procedures as said anatomical board determines to be proper and adequate. History. —ss. 1, 2, ch. 86 -92; s. 1, ch. 87 -70; s. 1, ch. 89 -8; s. 26, ch. 89 -374; ss. 25, 122, ch. 93 -399; s. 321, ch. 97-103; s. 132, ch. 2004 -301; s. 50, ch. 2005 -155. Dote.— Former s. 470.0255. 497.608 Liability for unintentional commingling of the residue of the cremation process. — (1) The Legislature recognizes that the unintentional or incidental commingling of the residue of the cremation of human remains is an inevitable byproduct of the cremation process in a cinerator retort or cremation chamber. (2) The operator of a cinerator facility shall establish written procedures for the removal of cremated remains, to the extent possible, resulting from the cremation of a human body and the postcremation processing, shipping, packing, or identifying of those remains. The operator of a cinerator facility shall file its written procedures, and any revisions to those written procedures, with the licensing authority for its approval, and effective ]anuary 1, 2006, the cremation facility shall not be operated unless it has and follows such written procedures approved by the licensing authority; provided, the licensing authority may adopt by rule standard uniform procedures for the removal of such cremated remains, which may be adopted by any cinerator facility in lieu of promulgating, filing, and obtaining approval of procedures. A cinerator facility choosing to utilize standard uniform procedures specified by rule shall file notice of its choice with the licensing authority pursuant to procedures and forms specified by rule. (3) If an operator follows the procedures set forth in written procedures filed with and approved by the licensing authority, or adopts and follows the standard uniform procedures adopted by the licensing authority, the operator shall not be liable for the unintentional or the incidental commingling of cremated remains resulting from more than one cremation cycle or from postcremation processing, shipping, packing, or identifying those remains. (4) A copy of the procedures being utilized by a cinerator facility shall be provided by the cinerator facility, upon request, to customers and their representatives, the department, and other legally authorized persons. History. —s. 133, ch. 2004 -301; s. 104, ch. 2005 -2. 497.609 Liability of direct disposers, direct disposal establishments, funeral directors, funeral establishments, and cinerator facilities regarding cremation. —If a direct disposer, direct disposal establishment, funeral director, funeral establishment, or cinerator facility is given a copy of the deceased's declaration of intent to be cremated that is signed by the deceased and the deceased's human remains are subsequently cremated, or a court order directing the cremation of the deceased's human remains, no person may make a claim objecting to the cremation against that direct disposer, direct disposal establishment, funeral director, funeral establishment, or cinerator facility. If a direct disposer, direct disposal establishment, funeral director, funeral establishment, or cinerator facility performs a cremation pursuant to the authorization of a legally authorized person who represents that she or he is not aware of any objection to the cremation of the deceased's human remains by others in the same class of the person making the representation or of any person in a higher priority class, and the deceased's human remains are subsequently cremated, no L.+ ./I- --- -r 1-- -1 - +. FI .-lo_ --V -9A— mnA _Tl ;o"II xf CfafntP-grTTPT = ildin_(iaci 7�7�7i�7 i Statutes & Constitution :View Statutes: Online Sunshine Page 11 of 11 person may make a claim objecting to the cremation against that direct disposer, direct disposal establishment, funeral director, funeral establishment, or cinerator facility. History. —s. 11, ch. 2007 -55. kttn- / /--- 1-- ot.ta -fI r47vn A"" Qtat„tPRrrTRT =nann_naa '7/7/7n12