HomeMy WebLinkAbout2019 02 18 Regular 500 Special Zoning Permits
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ORDINANCE NO. 2019-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; ADOPTING A
TEMPORARY MORATORIUM WITHIN THE JURISDICTIONAL
LIMITS OF THE CITY OF WINTER SPRINGS REGARDING THE
FILING, PROCESSING, CONSIDERATION, OR DECISION OF
CONDITIONAL USES, SPECIAL EXCEPTIONS AND WAIVERS
("SPECIAL ZONING PERMITS") UNDER CHAPTER 20 OF THE CITY'S
ZONING CODE IN THE R-3 MULTI -FAMILY DWELLING, C-1
NEIGHBORHOOD COMMERCIAL, C-2 GENERAL COMMERCIAL, C-3
HIGHWAY 17-92, CC COMMERCE CENTER, I-1 INDUSTRIAL,
GREENEWAY INTERCHANGE, AND TOWN CENTER ZONING
DISTRICTS; PROVIDING THAT SAID MORATORIUM PERIOD SHALL
EXTEND NO LATER THAN APRIL 30, 2019, WITH THE OPTION FOR
THE CITY COMMISSION TO EXTEND THE MORATORIUM PERIOD
FOR AN ADDITIONAL THREE MONTHS IF NECESSARY TO ALLOW
THE CITY COMMISSION, CITY LAND PLANNING AGENCY, CITY
STAFF AND CITY ATTORNEY TO DETERMINE WHETHER CHANGES
TO CHAPTER 20 ARE NECESSARY TO IMPROVE THE SPECIAL
ZONING PERMIT REQUIREMENTS AND PROCEDURES;
DIRECTING THE CITY MANAGER TO SCHEDULE CITY
COMMISSION WORKSHOPS AS NECESSARY FOR THE CITY
COMMISSION TO TIMELY CONSIDER ADOPTING IMPROVEMENTS
TO THE SPECIAL ZONING PERMIT REQUIREMENTS AND
PROCEDURES PRIOR TO THE EXPIRATION OF THE EXTENDED
MORATORIUM PERIOD; PROVIDING FOR PENALTIES, REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
CONFLICTS WITH STATE AND FEDERAL LAW AND SEVERABILITY,
NON -CODIFICATION, 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 Zoning Code (Chapter 20) allows a property owner to make
application for a variety of special zoning permits including conditional use, special exception,
variance and waiver permit and, by law, these permit applications require a quasi-judicial hearing
before the City Commission; and
WHEREAS, applicable laws require an applicant in a quasi-judicial matter to demonstrate
competent substantial evidence that an application satisfies all procedures, conditions and
City of Winter Springs
Ordinance No. 2019-02
Page 1 of 5
requirements enumerated in the City Code and other applicable law, and then requires a city to
demonstrate that its decision to approve or deny the permit application is supported by substantial
evidence; and
WHEREAS, applicable law requires a public hearing be held on special zoning permit
applications and authorizes applicants and other interested parties with standing to appeal the City
Commission's decision to grant or deny a permit application to the circuit court; and
WHEREAS, applicable law also allows the City Commission to impose reasonable
conditions and safeguards upon the issuance of special zoning permits in order to ensure
compliance with applicable law, reduction or elimination of adverse impacts of land uses and
development on surrounding property and the community, acceptable levels of service related to
public facilities such as transportation, sewer, parks and recreation, solid waste, water, stormwater,
and schools, and the general protection of the public health, safety and welfare of the community;
and
WHEREAS, the Town Center Zoning District Code was adopted by the City Commission
in the year 2000 and contains separate procedures and requirements for certain special zoning
permits that are different and sometimes less complete than similar special permit requirements
that are applied in other City zoning districts; and
WHEREAS, in recent years the City has processed a significant number of development
permit applications for property located within the City's Town Center; and
WHEREAS, the City Commission desires to streamline and improve the special permit
requirements in the Town Center for future development by consolidating such requirements with
similar provisions that are applicable for other zoning districts so the City has one, comprehensive
set of procedures and requirements for similar special permit requests; and
WHEREAS, having one set of special permit procedures and requirements will be less
confusing and more efficient for City staff and future applicants; and
WHEREAS, in conjunction with streamlining and consolidating the Town Center
requirements for obtaining special zoning permits, the City Commission hereby determines that it
will be an appropriate time to comprehensively review, and update if necessary, the City's other
special zoning permit requirements in the other named zoning districts; and
WHEREAS, a temporary moratorium allows such review to occur unhindered by
developments that could frustrate the objective of the review, and eliminate the race of diligence
that may occur while such reviews are underway; and
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
City of Winter Springs
OrdinEuice No. 2019-02
Page 2 of 5
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. Adoption of Temporary Moratorium. Beginning on the effective date
of this Ordinance and continuing until April 30, 2019, or sooner if provided by an ordinance by
the Winter Springs City Commission, a temporary moratorium is hereby imposed upon filing,
processing, considering, and decision making related to special zoning permit applications for
conditional uses, special exceptions and waivers ("special zoning permits") under Chapter 20 of
the City's Zoning Code in the R-3 Multi -Family Dwelling, C-1 Neighborhood Commercial, C-2
General Commercial, C-3 Highway 17-92, CC Commerce Center, I-1 Industrial, Greeneway
Interchange, and Town Center zoning districts, except for the special permit applications exempt
from the temporary moratorium as expressly set forth in Section 3 of this Ordinance. The
temporary moratorium adopted herein may be extended by the City Commission for up to an
additional ninety (90) days by Resolution.
Section 3. Exemptions from Temporary Moratorium. The following special
zoning permit applications are exempt from the temporary moratorium:
A. Special zoning permit applications for conditional uses, special exceptions and
waivers which were formally filed with, and deemed complete by, the City on or before December
10, 2018.
B. Special zoning permit applications for variances pursuant to Section 20-32 of the
City Code.
C. Special zoning permit applications for special exceptions and waivers related only
to the design and aesthetics of projects of which final engineering plans were formally filed with
and under review by the City on or before December 10, 2018. This exemption is intended to
allow existing applicants to complete the final design and approval of final engineering plans and
aesthetic review of their respective projects during the temporary moratorium. This exemption is
not intended to allow existing applicants for final engineering plans to substantially modify their
pending application for purposes of obtaining a special exception or waiver to support approval of
a different kind or type of land development activity than the activity that was originally requested
when the final engineering application was initially filed with the City. In addition, this
exemption is not intended to allow new applications for special exceptions or conditional uses in
order to seek authorization for an enumerated land use requiring a special exception or conditional
use permit.
City of Winter Springs
Ordinance No. 2019-02
Page 3 of 5
Section 4. Workshops; Recommendations for Land Development Regulations.
The City Manager is directed to schedule workshops for the City Commission to comprehensively
review, and update if necessary, the City's requirements and procedures for special zoning permit
land use decisions including, but not limited to, special exceptions, conditional uses, waivers and
variances. The City Manager and staff, in consultation with the City Attorney, are hereby
requested to evaluate the aforementioned requirements and procedures and develop and
recommend, as may be deemed advisable by the City Manager and City Attorney, land
development regulations consistent with the direction provided hereunder and given by the City
Commission during the upcoming workshops held during the temporary moratorium period.
Section 5. Penalties. Violations of this Ordinance are punishable as provided. by
Section l -]S of the City Code of Winter Springs, Florida or other applicable Code provisions.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Non -Codification. This Ordinance shall not be incorporated into the
Winter Springs City Code.
Section 8. Conflicts with State and Federal Law; Severability. No provision
herein is intended to impose a moratorium on the processing of land use applications required to
be processed within certain time frames by state or federal law. 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 9. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to
City Charter.
[Adoption Page Follows]
City of Winter Springs
Ordinance No, 2019-02
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2019.
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
First Legal Ad Published:
First Reading:
Second Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2019-02
Page 5 of 5
Exhibit 2
Winter Springs Town Center Code
Sec. 20-321. - Administration.
(a) Interpretation of the standards. Interpretation of the standards in this division shall be the
responsibility of the city's development review committee (DRC). Unless otherwise
authorized by resolution of the city commission, the city commission shall serve as the
development review committee under this division. The adopted Master Plan (inclusive of
any economic development strategies adopted by the city commission for the town center)
shall serve as guidance to the development review committee with regard to the city's intent
for land development in the town center. The images contained in this division are meant to
demonstrate the character intended for the town center and shall be the guide for future
development, but are for illustrative purposes only. The accompanying text and numbers are
rules that govern permitted development.
(b) Review process.
(1) Applications are subject to final review and approval by the development review
committee (DRC). Prior to final review and approval by the development review
committee, all new applications, and proposed substantial amendments to previously
approved applications, shall be reviewed by the planning and zoning board for purposes
of issuing an advisory recommendation to the development review committee.
The committee shall have authority, within reason and applicable rules, for approving all
aspects of site planning and exterior architecture, including aesthetic appropriateness,
verification of an acceptable economic fiscal impact, environmental implications, traffic impacts,
and any other site-specific matters not delineated herein.
(2) Optional preliminary review. Applicants may, at their option and sole cost and risk,
submit site layout and building elevation designs in schematic or sketch form to the
development review committee for a non-binding and preliminary review as an initial
courtesy to the applicant. These submittals are subject to a more formal application
process which requires the submission of more detailed plans and specifications and
requires a more detailed review and final consideration of approval by the DRC.
Comments and statements made by city officials at the preliminary review are non-
binding unless memorialized in a written agreement approved by the city commission.
City staff and the applicant shall only seek feedback from the commission and city staff
shall not make a formal recommendation regarding the proposed project at this time,
unless the application is accompanied by a written development agreement being
proposed by city staff for the commission's approval. In which case, the city staff shall
make a recommendation regarding the application and proposed agreement. This non-
binding and preliminary review shall not be relied upon by the applicant as a final
decision and shall not be construed in any manner as creating any vested right or
entitlement for the development of the subject property. By requesting and participating
in the optional preliminary review process, the applicant shall be deemed to have read
and agreed to this code provision and to hold the city and its officials harmless for any
Exhibit 2
future actions they may have taken based on the results of a preliminary review
pursuant to this section.
(3) Applicants shall submit the following items to the community development
department for review:
a. A current up-to-date site survey;
b. A current up-to-date tree survey;
c. A site plan, drawn to scale, which shall indicate:
1. Building locations and orientations, and landscape areas;
2. Parking locations and number of spaces;
3. Paved surfaces, materials and location(s);
4. Site location diagram and legal description; and
5. Signage.
d. Building elevations illustrating all sides of structures facing public streets or
spaces;
e. A parking analysis justifying the proposed parking solution (such as Shared
Parking, by Barton Aschman Associates, The Urban Land Institute);
f. An economic fiscal impact report, prepared by a duly qualified expert, in
compliance with the requirements set forth in the City's Comprehensive Plan and
Code, if applicable; and
g. Other reasonable supporting documents to indicate intentions and/or any other
items reasonably required by the development review committee to determine
whether or not the proposed development is in compliance with the City's
Comprehensive Plan and Code.
The provisions of this subsection are not applicable to the optional preliminary review
process, but some or all of the requirements may be required by the city, on a case-by-case basis,
if the city and the applicant pursue a development agreement during the optional preliminary
review process.
(c) Special exceptions.
(1) The city commission may by special exception waive strict compliance with
provisions of this code in furtherance of promoting the town center policies adopted by
the city. In granting a special exception, the city commission must find by substantial
competent evidence that:
a. The proposed development contributes to, promotes and encourages the
improvement of the Winter Springs Town Center and catalyzes other development
as envisioned in the Winter Springs Town Center regulations.
b. The proposed development will not have an unfavorable effect on the economy of
the Winter Springs Town Center and complies with the economic fiscal impact
requirements set forth in the City's Comprehensive Plan and Code.
Exhibit 2
C. The proposed development abides by all rules in this code other than those
specially excepted. Special limitations apply to large footprint buildings (greater
than twenty thousand (20,000) square feet); see subsection 20-324(9) for these
limitations.
d. The proposed development meets any reasonable additional conditions, restrictions
or limitations deemed necessary by the city commission in order to preserve and
promote the intent of the Winter Springs Town Center District Code.
e. With respect to each waiver requested, the specific waiver shall comply with all of
the following:
1. Is a result of special conditions and circumstances which are peculiar to the
land, site plan, structure or building involved and which justify granting the
waiver in the context of the overall proposed development being successful
within the town center;
2. Is the minimum waiver from the town center regulations necessary to make
possible the reasonable use of the land, building or structure;
3. Is in harmony with the general intent and purpose of the town center
regulations;
4. Will not be injurious or incompatible to the town center and any surrounding
neighborhood or property; and
5. Will not create a public nuisance or be detrimental to the public health, safety,
and welfare relative to public services including water, sewer, surface water
management, police, fire, parks and recreation, streets and traffic patterns,
public transportation, marina and water ways, bicycle and pedestrian facilities.
(2) Procedure for special exceptions.
a. Approval may be granted only after a minimum of two (2) discretionary reviews.
The first review shall be before the planning and zoning board, at which time the
planning and zoning board shall review the project and provide to the city
commission an advisory recommendation regarding approval, approval with
conditions, or disapproval. The second review shall be a public hearing held before
the city commission and shall be held no sooner than seven (7) calendar days
following the planning and zoning board hearing.
b. Requests for special exceptions under this division shall include each exhibit
required in the administration review process per subsection 20-321(b). In addition,
the city commission may within reason require additional exhibits and may defer
approval of the special exception application or schedule an additional public
hearing or hearings to review those exhibits.
C. Special exceptions shall not be unreasonably withheld if the requested special
exception complies with the applicable criteria set forth in the town center
regulations, but the city commission shall have authority to require that the
applicant satisfy any additional conditions it deems necessary to fulfill goals of the
master plan, including reasonable offsite improvements directly related and
Exhibit 2
proportionate to the specific impact of the request, or further review(s) and
approval by the development review committee.
(3) The city commission may grant the approval of an application for special exceptions
from the Code in whole or in part upon a majority vote of its members.
(d) Site development agreement option. The city may enter into a site development agreement
with the user or developer of a property, relating to development of a particular parcel or
tract of land, and such an agreement may address such issues as impact fee credits; a
specialized or negotiated concept of design or site plan development authorized or
sanctioned by this division; infrastructure service credits or public-private participation in
funding, design or construction; or other incentives based upon strict compliance with
requirements of this ordinance. The agreement will be mutually acceptable to all parties.
Considerations for the city in deciding whether to participate in such an agreement will
include compliance with the objectives and design criteria specified in this division;
demonstration of a cost benefit to city and developer; consideration of development
amenities provided by the developer. Such a site development agreement shall be adopted
and be in conformance with the requirements of the Florida Municipal Home Rule Powers
Act or F.S. §§ 163.3220 through 163.4243, as to effect, duration, public hearing
requirements and other issues.
The terms and conditions set forth in a development agreement and any related final
engineering plans ("development agreement") approved by the city commission shall be binding
on the subject property regardless of any changes to the Town Center Code. In the event that the
Town Center Code is amended after a development agreement is approved to permit
development that is inconsistent and in conflict with a previously approved development
agreement, the terms and conditions of the development agreement shall prevail, unless the
development agreement is amended. The intent of this paragraph is to prohibit a developer from
relying upon an amendment to the Town Center Code enacted subsequent to approval of its
development project in order to alter the terms and conditions of its project without the express
written consent of the city commission.
In the town center district, decorative street signs are required along roadways as part of the
decorative street sign and light program for new development including: subdivisions,
commercial development and areas constructed for public use. Standards for the town center
district follow the same guidelines as street signage that is upgraded in all other areas of the city.
In addition, the city requires that decorative street lights be provided for all development within
the town center district. During the development review process, it will be determined by the city
whether or not the user or developer of a property within the town center may need to enter into
a Neighborhood Street Sign Light Improvement Agreement (NSSLIA) as part of the respective
development agreement.
(e) Comprehensive plan compliance required. All development of property subject to these
regulations shall also be subject to the Comprehensive Plan of the City of Winter Springs,
Florida, and all approvals and land development permits shall be in compliance with said
comprehensive plan. (Ord. No. 2012-06, § 2, 3-12-12)
Exhibit 3
Winter Springs General Zoning Code
ARTICLE 11. - ADMINISTRATION
DIVISION 1. - PROCEDURE; LAND USE DECISIONS
Sec. 20-26. - Intent and purpose.
The intent and purpose of this division is to set forth the procedure for applying for
variances, conditional uses, rezonings, waivers, and administrative appeals as set forth in this
chapter.
(Ord. No. 2004-49, § 2, 12-13-04)
Sec. 20-27. - City commission; authority.
Unless otherwise provided in this chapter, the city commission shall render all final
decisions regarding rezonings, variances, conditional uses, waivers, and administrative appeals
provided for in this chapter. The city commission may impose reasonable conditions on any
approved rezoning, variance, conditional use, waiver or administrative appeal to the extent
deemed necessary and relevant to ensure compliance with applicable criteria and other applicable
provisions of the city code and comprehensive plan. All formal decisions shall be based on
competent substantial evidence and the applicable criteria set forth in this chapter. The city
commission may adopt, by resolution, quasi-judicial rules and procedures to implement this
division.
(Ord. No. 44, § 44.15, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 2004-49, § 2, 12-13-04)
Sec. 20-28. - Due process; special notice requirements.
(a) All applicants shall be afforded minimal due process as required by law, including the right
to receive notice, be heard, present evidence, cross-examine witnesses, and be represented
by a duly authorized representative.
(b) In addition to any notice requirements provided by state law, all public hearings under this
division shall be publicly noticed for at least five (5) calendar days prior to the date of the
hearing. Said notice shall include the address of the sub
ject property, matter to be considered and the time, date and place of the hearing. The notice
shall be posted in the following manner:
(1) Posting the affected property.
(2) Posting at city hall.
(3) Notifying, by U.S. mail, all owners of real property adjacent to and within one
hundred fifty (15 0) feet of the subject property.
Exhibit 3
The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to be
courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing
any decision made under this division.
(Ord. No. 44, § 44.16, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80; Ord.
No. 231, § 1, 2-24-81; Ord. No. 2004-49, § 2, 12-13-04)
Sec. 20-29. - Applications.
(a) The city manager or the city manager's designee is hereby authorized to prepare
applications in furtherance of this division. At a minimum, all applications for rezonings,
variances, conditional uses, waivers, and administrative appeals shall be accompanied by the
applicable application fee adopted by the city commission and shall contain the following
information:
(1) A general description of the relief sought under this division.
(2) A brief explanation as to why the application satisfies the relevant criteria set forth in
this division.
(3) The name(s) of the owner(s) of the particular real property.
(4) If the applicant is other than all of the owners of the particular property, written
consent signed by all owners of the particular real property shall be attached.
(5) The legal description of the particular real property, accompanied by a certified survey
or that portion of the map maintained by the Seminole County Property Appraiser
reflecting the boundaries of the particular real property.
(6) The current and future land use and the zoning designations on the real property.
(Ord. No. 2004-49, § 2, 12-13-04)
Sec. 20-30. - Staff review.
(a) The city staff shall be required to review all applications for rezonings, variances,
conditional uses, waivers, and administrative appeals, and make written recommendations to
the planning and zoning board and the city commission.
(b) Upon completion of the written recommendation, city staff shall forward the application
along with the recommendation, to the planning and zoning board as required by this
division, for a duly noticed public hearing.
(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10)
Sec. 20-31. - Rezonings.
(a) Any real property owner may file a rezoning application requesting a change in zoning
designation for their real property.
Exhibit 3
(b) The planning and zoning board shall be required to review all rezoning applications and
make a written recommendation to the city commission. Such recommendation shall include
the reasons for the board's recommendation and show the board has considered the
applicable rezoning criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) All rezoning applications shall be reviewed for compliance with the following standards
(1) The proposed rezoning change is in compliance with all procedural requirements
established by the City Code and law;
(2) The proposed rezoning change is consistent with the city's comprehensive plan
including, but not limited to, the Future Land Use Map and the proposed change would
not have an adverse effect on the comprehensive plan;
(3) The proposed rezoning change is consistent with any master plan applicable to the
property;
(4) The proposed rezoning change is not contrary to the land use pattern established by
the city's comprehensive plan;
(5) The proposed rezoning change would not create a spot zone prohibited by law;
(6) The proposed rezoning change would not materially alter the population density
pattern in a manner that would overtax the load on public facilities and services such as
schools, utilities, streets, and other municipal services and infrastructure;
(7) The proposed rezoning would not result in existing zoning district boundaries that are
illogically drawn in relation to existing conditions on the property and the surrounding
area and the land use pattern established by the city's comprehensive plan;
(8) Changed or changing conditions make the proposed rezoning necessary;
(9) The proposed rezoning change will not seriously reduce light or air to adjacent areas;
(10) Should the city be presented with competent substantial evidence indicating that
property values will be adversely affected by the proposed rezoning, the applicant must
demonstrate that the proposed rezoning change will not adversely affect property values
in the surrounding area;
(11) The proposed rezoning will not be a substantial detriment to the future improvement
or development of vacant adjacent property;
(12) The proposed rezoning will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare;
(13) The proposed rezoning change is not out of scale or incompatible with the needs of
the neighborhood or the city;
(14) The proposed rezoning does not violate any applicable land use regulations adopted
by the city.
Exhibit 3
(e) In approving a change in the zoning classification on a lot or parcel of land, at the request
of or with the concurrence of the owner of said lot or parcel, the city commission may
approve a rezoning subject to restrictions provided such restrictions do not confer any
special privilege upon the owner or subject property that would otherwise be denied by the
city's land development regulations in the same zoning district. Such restrictions may
include one or more of the following:
(1) Use restrictions greater than those otherwise specified for that particular district;
(2) Density restrictions greater than those otherwise specified for the particular district;
(3) Setbacks greater than those otherwise specified for the particular district, including
setbacks from lakes and major arterial roadways;
(4) Height limits more restrictive than otherwise permitted in the district;
(5) Minimum lot areas or minimum widths greater than otherwise specified for the
particular district;
(6) Minimum floor area greater than otherwise specified for structures in the particular
district;
(7) Open space requirements greater than otherwise required for property in the particular
district;
(8) Parking, loading driveway or traffic requirements more restrictive than otherwise
required for the particular district;
(9) Fencing or screening requirements greater than otherwise required for the particular
district;
(10) Restrictions on any other matters which the city commission is authorized to
regulate.
Upon approval of such restrictive rezonings, the planning division shall enter a reference to the
restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded
in the public records of Seminole County. Restrictions shall run with the land, without regard to
transfer of ownership or other interests, and may be removed only upon further amendment to
the zoning classification of the subject property in accordance with the procedures prescribed
herein.
(Ord. No. 2004-49, § 2, 12-13-04)
Sec. 20-32. - Variances.
(a) Any real property owner may file a variance application requesting variance from this
chapter for their real property.
(b) The planning and zoning board shall be required to review all variance applications and
make a written recommendation to the city commission. Such recommendation shall include
the reasons for the board's recommendation and show the board has considered the
applicable variance criteria set forth in this section.
Exhibit 3
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) All variance recommendations and final decisions shall be based on an affirmative finding
as to each of the following criterion:
(1) That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, buildings or
structures in the same zoning district.
(2) That literal interpretation of this chapter would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of
this chapter and would work unnecessary and undue hardship on the applicant.
(3) That the special conditions and circumstances referred to in subsection (d)(1) of this
section do not result from the actions of the applicant.
(4) That approval of the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, buildings, or structures in the
same zoning district.
(5) That the requested variance is the minimum variance from this chapter necessary to
make possible the reasonable use of the land, building or structure.
(6) That approval of the variance will be in harmony with the general intent and purpose
of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to
the public welfare.
(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10)
Sec. 20-33. - Conditional uses.
(a) Any real property owner may file a conditional use application requesting a conditional use
of their real property providing the conditional use is listed in the applicable zoning district
category.
(b) The planning and zoning board shall be required to review all conditional use applications
and make a written recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board has considered the
applicable conditional use criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) All conditional use recommendations and final decisions shall be based on the following
criteria to the extent applicable:
Exhibit 3
(1) Whether the applicant has demonstrated the conditional use, including its proposed
scale and intensity, traffic -generating characteristics, and offsite impacts, is compatible
and harmonious with adjacent land uses, and will not adversely impact land use
activities in the immediate vicinity.
(2) Whether the applicant has demonstrated the size and shape of the site, the proposed
access and internal circulation, and the design enhancements to be adequate to
accommodate the proposed scale and intensity of the conditional use requested. The site
shall be of sufficient size to accommodate design amenities such as screening, buffers,
landscaping, open space, off-street parking, and other similar site plan improvements
needed to mitigate against potential adverse impacts of the proposed use.
(3) Whether the proposed use will have an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values.
(4) Whether the proposed use will have an adverse impact on the natural environment,
including air, water, and noise pollution, vegetation and wildlife, open space, noxious
and desirable vegetation, and flood hazards.
(5) Whether the proposed use will have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and historic
resources.
(6) Whether the proposed use will have an adverse impact on public services, including
water, sewer, surface water management, police, fire, parks and recreation, streets,
public transportation, marina and waterways, and bicycle and pedestrian facilities.
(7) Whether the proposed use will have an adverse impact on housing and social
conditions, including variety of housing unit types and prices, and neighborhood
quality.
(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10)
Sec. 20-34. - Waivers.
(a) Any real property owner may file a waiver application requesting a waiver for their real
property from any term and condition of this chapter (except from the list of permitted,
conditional and prohibited uses set forth in any zoning district category) if the property
owner clearly demonstrates that the applicable term or condition clearly creates an illogical,
impossible, impractical, or patently unreasonable result.
(b) The planning and zoning board shall be required to review all waiver applications and
make a written recommendation to the city commission. Such recommendation shall include
the reasons for the board's recommendation and show the board has considered the
applicable waiver criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
Exhibit 3
(d) In addition to the standard set forth in paragraph (a) above, all waiver recommendations
and final decisions shall also comply with the following criteria:
(1) The proposed development plan is in substantial compliance with this chapter and in
compliance with the comprehensive plan.
(2) The proposed development plan will significantly enhance the real property.
(3) The proposed development plan serves the public health, safety, and welfare.
(4) The waiver will not diminish property values in or alter the essential character of the
surrounding neighborhood.
(5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical,
impossible, impractical, or patently unreasonable result caused by the applicable term or
condition under this chapter.
(6) The proposed development plan is compatible with the surrounding neighborhood.
(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10)
Sec. 20-35. - Administrative appeals.
(a) Any final administrative decision regarding the enforcement or interpretation of this
chapter, where it is alleged there is an error by an administrative official, can be appealed as
set forth in this section.
(b) Appeals shall be taken within thirty (30) days after such administrative decision is made by
filing a written notice of appeal with the city manager stating the name of the decision
maker, date of the decision, applicable code provisions and the specific grounds for appeal.
Upon receipt of the notice of appeal, the city manager shall schedule the appeal before the
planning and zoning board and transmit all documents, plans, papers or other materials
constituting the record upon which the action appealed from was taken.
(c) The planning and zoning board shall be required to review all administrative appeals and
make a recommendation to the city commission.
(d) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the administrative appeal. If the city commission determines
that the planning and zoning board has not made a recommendation on an administrative
appeal within a reasonable period of time, the city commission may, at its discretion,
consider an application without the planning and zoning board's recommendation.
(e) Review of administrative decisions shall be based on the following criteria:
(1) Whether the applicant was properly afforded procedural due process;
(2) Whether the decision under review is supported by competent, substantial evidence;
and
(3) Whether the decision under review complied with applicable law, including a proper
interpretation of any provision under this chapter.
Exhibit 3
(f) The city commission shall have the right to reverse or affirm, wholly or in part, or may
modify the order, requirement, decision or determination as ought to be made, and to that
end, shall have all the powers of the officers from whom the appeal is taken.
(Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10)
Sec. 20-36. - Expiration of conditional use, variance and waiver approvals.
(a) Any conditional use, variance or waiver approved by the city commission under this
Division shall expire two (2) years after the effective date of such approval by the city
commission, unless a building permit based upon and incorporating the conditional use,
variance, or waiver is issued by the city within said time period. Upon written request of the
property owner, the city commission may extend the expiration date, without public hearing,
an additional six months, provided the property owner demonstrates good cause for the
extension. In addition, if the aforementioned building permit is timely issued, and the
building permit subsequently expires and the subject development project is abandoned or
discontinued for a period of six months, the conditional use, variance or waiver shall be
deemed expired and null and void.
(b) The city commission hereby finds that there may be one or more unexpired conditional
use, variance, or waiver permits previously granted by the City that may have never been
acted upon or abandoned by the property owner. The city commission finds that these
unexpired permits may now be detrimental to the public health, safety, and welfare of the
community due to changed circumstances in the surrounding neighborhood and changes in
law. Therefore, the provisions of this section shall apply retroactively to any unexpired
conditional use, variance, and waiver previously granted by the city commission. It is the
intent and purpose of this subsection to void any previously granted conditional use,
variance, and waiver permit that does not comply with the provisions of this section and to
require the property owner to reapply, under current circumstances, for said permit should
the property owner desire or need said permit.
(Ord. No. 2004-49, § 2, 12-13-04)
Sec. 20-37. - Limited administrative waivers.
(a) Authorization by city manager. Waivers to the adopted land development regulations set
forth in this chapter may be authorized administratively by the city manager or designee,
subject to the procedures and limitations of this section. Designees under this section may be
approved by city manager by written administrative order.
(b) Waivers subject to administrative review and approval.
(1) Administrative waivers may be considered for height, area, or size of a structure;
and/or distance requirement, size of yard and open space requirements of an applicable
zoning district. Administrative waivers shall not exceed ten percent (10%) of the
applicable requirement.
The city manager may authorize the administrative review and approval of a waiver
when a property owner clearly demonstrates:
Exhibit 3
a. The waiver is necessary, as a condition of city permit approval, to allow the
reasonable use of the subject property and any proposed or existing improvements
thereon; and
b. Such waiver will not: (i) have more than a de minimus impact on the subject
property and surrounding area; (ii) be contrary to the public interest; (iii) be
incompatible with the surrounding area; (iv) have an adverse effect on the
neighborhood or general welfare of the area; and (v) have the effect of nullifying
the intent and purpose of any applicable provision of this chapter.
(c) Application submittal and fee. Application for an administrative waiver shall be made on a
form provided by the community development department and shall be accompanied by an
application fee established by the city. As part of the application, the city manager reserves
the right to require a signed affidavit (submitted on a form prepared by the city) from all
abutting property owners indicating no objection to the requested waiver. In such case,
failure of the applicant to obtain signatures of all abutting property owners will constitute a
basis for denying the application. For the purpose of this section, the term "abutting" shall
include those properties directly across a road.
(d) Conditions. The city manager may prescribe appropriate conditions and safeguards to
ensure that the purposes of this section, chapter and other applicable regulations set forth in
the City Code are carried out, and to ensure that the waiver granted is the minimum
necessary to allow reasonable use of the land and improvements.
(e) Further action. Applications approved by the city manager under this section shall be
deemed final. However, a denial of a request for an administrative waiver by the city
manager shall be considered a non -final order of the city and shall not be appealable.
Applications denied under this section shall not preclude an applicant from requesting a
variance or waiver from the city commission pursuant to other applicable provisions of this
chapter. In such cases, the applicant shall submit a formal application for a variance or
waiver consistent with the requirements set forth in this chapter, and decisions made on such
applications shall be deemed final and subject to appeal in a court of competent jurisdiction.
(Ord. No. 2015-19, § 2, 9-14-15)
Exhibit 4
Conventional Zoning District Use Table
R-3
C-1
C-2
C-3
CC
I-1
Accessory dwelling unit ancillary to the principal dwelling, subject to criteria
set forth in section 6-85;
CU
Adult entertainment and sexually oriented buisinesses;
P
Advertising agencies;
P
P
P
P**
Alcoholic beverage sales (package);
P
P
P
P**
Alcoholic beverage on -premises consumption;
P
P
P
P**
Alterations and tailoring;
P
P
P
P**
Amusement and recreational parks and centers (including golf driving ranges,
miniature golf courses, billiard halls, children's play centers, bowling alleys and
similar uses);
CU
CU
P
P**
Animal hospitals and veterinary clinics (with no outside kennels);
P
P
P
P**
Animal hospitals and veterinary clinics with outside kennels;
CU
Antique and gift shop;
P
P
P
P**
Apartments, townhouses, patio homes or other multiple -family dwelling
structures;
P
Appliances, sales and service;
P
P
P
P**
Art supplies and picture framing shops;
P
P
P
P**
Artists' (such as painters, sculptors, and craftmakers) studios;
P
P
P
P**
Exhibit 4
Attorneys;
P
P
P
P**
P**
Automotive accessories sales;
P
P
P
P**
P**
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;
P
P
P**
Automotive/boat/manufactured home major service and major repair
establishments (including body repairs and painting and similar heavy type
uses) provided that all activity shall be conducted within a completely enclosed
building and there is no outdoor storage of any kind;
CU
CU
CU
Automotive sales or vehicular storage of untagged vehicles associated with an
automotive sales dealership. The property used for vehicular storage of
untagged vehicles must be located adjacent to a state arterial road and within
two (2) miles of the associated automotive sales dealership property, measured
in a straight line from the nearest points of the respective lot boundaries.
Vehicular storage visible from residential property uses shall be screened by an
eight (8) foot screen wall made of brick, block, or other durable material.
Landscape buffers shall be provided where vehicular storage is visible from
arterial roadways;
P
Automotive and vehicular retail sales; rental and leasing;
P
P
Automotive tires
P
Bakery, retail;
P
P
P
P**
Baker, retail and wholesale (including coffee roasting);
P
P**
Exhibit 4
Baker, wholesale;
P
P**
Bathroom accessories;
P
P
P
P**
Bicycles, sales and service (including rentals);
P
P
P
P**
Big box retail;
P
P**
Boarding and/or lodging homes;
P
Boat building and storage yards;
P
Boat Sales;
P
P
P**
Body piercing and tattoo shops;
Cu
Bookstores, stationery and office supplies, newsstands;
P
P
P
P**
Bookkeepers;
P
P
P
P**
Building floor area greater than 50,000 sq. ft.;
Cu
Building and pulmbing supplies
P
Bus terminal;
P
P
P**
Butcher shop, retail only;
P
P
P
P**
Cabinet makers, furniture assembly and woodworking shops;
P
Car wash;
Cu
P
P**
Catering;
P
P
Exhibit 4
Churches with their attendant educational buildings and recreational facilities;
CU
Cleaners;
P
P
P
P**
Coin dealers;
P
P
P
P**
Cold storage and frozen food lockers;
P
Computers, hardware, software, and other electronics sales and service;
P
P
P
P**
Confectionery and ice cream stores (including outside dining);
P
P
P
P**
Contractors (provided that all activity and storage shall be conducted within a
completely enclosed building and there is no outdoor storage of any kind);
P
P**
Convenience markets and stores;
P
P
P**
Convenience markets and stores and self-service gasoline sales;
CU
P
P**
Copy shops;
P
P
P
P**
Corporate headquarters and office parks;
P
P**
Crematories
P
P
Cultural institutions (such as museums, etc.);
P
P
P
P**
Dance and music studios;
P
P
P
P**
Reserved ;
Daycare centers;
CU
CU
CU
Exhibit 4
Drug and sundry stores;
P
P
P
P**
Employment agencies;
P
P
P
Equipment rentals;
P
P**
Equipment service and installation;
P
P
Feed stores;
P
Financial institutions, banks, savings and loan;
P
P
P
P**
Floor coverings;
P
P
P
P**
Florist and gift shops (including outdoor display and sales);
P
P
P
P**
Formal wear rentals;
P
P
P
P**
Full-service gas stations, as an accessory use to a convenience store and
satisfying any distance requirement established by City Code;
P
Furniture, retail, new and used;
P
P
P
P**
Gas, bottled;
P
P
P**
Gas stations (full service), as an accessory use to a convenience store and
satisfying any distance requirement established by City Code;
P
P**
Exhibit 4
General office including: medical, dental, legal, architecture/engineering, real
estate, financial, information technology, and administrative headquarters, or
similar use, however, under no circumstances will any type of office use
incompatible with residential, schools, parks or public buildings be permitted.
Signage shall be limited to building -mounted identification signage. No outside
storage or fleet and dispatch yards are permitted; however, governmental
vehicles are exempted.
P
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;
P
P
P
P**
Grocers, wholesale;
P
P
P**
Guest and tourist homes;
P
Gun shop;
P
P
P
P * *
Hair and beauty salons (including nail salons);
P
P
P
P**
Halfway houses, group homes, and similar uses;
CU
CU
CU
Hardware stores;
P
P
P
P * *
Health and exercise clubs and athletic training facilities;
P
P
P
CU
P**
Health food;
P
P
P
P**
Hobby and craft shops; fabric stores;
P
P
P
P**
Home and general commercial Pest control (exterminating) of a nonindustrial
nature;
P
Exhibit 4
Home occupations
P
Hospitals, and nursing homes;
P
P
P
P**
Hypnotists;
P
P
P
P**
Ice, retail
P
P
P
P * *
Ice, wholesale
P
Indoor public storage;
P
P**
Industrial trade, professional and vocational schools, not involving operations
of an industrial nature;
P
P
P**
Insurance;
P
P
P
P**
Interior decorating and draperies;
P
P
P
P**
Jewelry stores;
P
P
P
P**
Kennels, pet and animal rescue operations, animal boarding houses, and similar
animal facilities or operations;
CU
Laboratories for testing materials and chemical analysis of a nonindustrial
nature;
P
P
P**
Landscaping services; nurseries, plants, trees;
P
P
P
Launderettes and laundromats;
P
P
P
P**
Laundry and dry cleaning (with non-flammable solvents only);
CU
P
Exhibit 4
Libraries;
P
P
P
P**
Light manufacturing, processing, assembly and/or wholesale distribution,
provided that all activity shall be conducted within a completely enclosed
building (tenant space not to exceed 10,000 sq. ft.) and there is no outdoor
storage of any kind;
CU
Light manufacturing, processing, and/or assembly; wholesale sales and
distribution (see full list Sec. 20-345.1)
P
P
Loan companies;
P
P
P
P**
Locksmiths;
P
P
P
P**
Luggage shops;
P
P
P
P**
Lumber and building supplies in an enclosed building or structure;
P
P
P**
Machinery sales and storage;
P
Medical and dental clinics and laboratories;
P
P
P
P**
Micro -breweries and micro -wineries;
P
P
P
P**
Mobile home sales;
P
Mortuaries and funeral homes;
CU
P
CU
Motels and hotels;
P
P**
Movers;
P
P
P**
Exhibit 4
Multiple -family residential use that was lawfully approved and permitted as a
conditional use by the City prior to the effective date of Ord. No. 2015-15
[January 25, 2016] shall be considered a lawful, conforming use subject to all
applicable conditions and requirements imposed by the city when said use was
previously permitted.
CU*
CU*
CU*
Multi -use projects that include a vertical mix of uses designed along the
principles of the Town Center. Such projects shall be exempted from section 20-
209, regarding building height regulations, and section 20-211, regarding front,
rear and side yard regulations. Such projects, however, are still subject to the
provisions and requirements of the Town Center District Code;
CU
Nurseries, plants, trees, etc., retail (including outdoor display and sales);
P
P
P
P**
Nurseries, plants, trees; wholesal
P
Offices, professional and business;
P
P
P
P**
Office and studios (see Sec. 20-345.1 for full list)
P
P
Outdoor advertising signs sales offices;
P
P
P
P**
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.
P
Outside storage if screened from streets and adjacent properties by an eight -foot
masonry wall with any gates being opaque;
CU
CU
Exhibit 4
Outside storage of contractor's equipment and supplies; public storage of tagged
vehicles, boats, RVs and commercial vehicles; fleet and dispatch yards; bulk
storage; and other kinds of storage yards of non-flammable/non-hazardous
materials associated with manufacturing (See section 20-263 for conditions);
P
Packing and shipping services;
P
P
Pain management clinics are clinics that are registered with the state pursuant to
section 458.3265 or section 459.0137, Florida Statutes
P
Paint store;
P
P
P
P
P
Parking garages;
P
P
P
P**
Pawn shops;
P
P**
Pest control (exterminating) of a non -industrial nature;
P
P**
Pet shops and grooming;
P
P
P
P**
Photographic studios;
P
P
P
P**
Post office;
P
P
P
P**
Printing, bookbinding, engraving, and publishing plants;
P
P
Printers, commercial;
P
P
P**
Private clubs and lodges;
P
P
P
P**
Public and government services;
P
P
P
P
P
Exhibit 4
Public utility and service structures;
CU
Radio and television studios and offices;
P
Radio and TV sales and service;
P
P
P
P**
Record management, data processing services, data storage facilites
P
P
Recreational vehicles;
P
Recreational vehicles sales and service;
P
P**
Religious assembly;
P
P
P
P**
Rental shops;
P
P
P
P * *
Research development and service facilities;
P
P
P
Restaurants and outdoor dining; cafes;
P
P
P
P**
Retail commercial and commercial outlets not exceeding 50,000 sq. ft.;
P
P**
Retail commercial and commercial outlets exceeding 50,000 sq. ft.;
CU
Retirement homes;
P
P
P
P**
Reserved ;
P
P
P
P**
Schools;
CU
CU
CU
Seasonal or temporary outdoor display and/or sales (such as Christmas tree lots,
etc.);
CU
Exhibit 4
Secondary metal recyclers, recovered materials recyclers, and similar recyclers
of other non -hazardous recyclable materials (see Sec. 20-260 for conditions);
P
Shoe repair shops;
P
P
P
P**
Showrooms;
P
P
Single-family dwellings and their customary accessory uses;
P
Skating rinks;
P
P
P
P**
Small-scale cabinet makers, furniture assembly, and woodworking shops (not to
exceed 2,500 sq. ft.);
CU
Small-scale clothing manufacturing (not to exceed 2,500 sq. ft.);
CU
Sporting goods, retail;
P
P
P
P**
Stadiums, independently or in conjunction with existing school facilities,
provided the seating capacity shall not exceed the student enrollment of the
school to be served plus ten (10) percent, and provided there shall be no lights
or night use;
CU
Swimming pool contractors, equipment storage;
P
Swimming pool sales, service and supplies;
P
P
P
P**
Tailoring shops;
P
P
P
P**
Taxicabs;
P
Taxidermists;
P
P
P
P**
Exhibit 4
Telephone business office and exchanges and telemarketers (No dispatch);
P
P
P
P**
Testing of materials, equipment, and products.
P
P
Theaters, not drive-ins;
P
P**
Title companies;
P
P
P
P**
Tobacco shops;
P
P
P
P**
Toy stores;
P
P
P
P**
Travel agencies;
P
P
P
P**
Trucking terminals;
CU
Vehicle repair (does not include body work or painting);
P
P
Vehicle upholstery;
P
P
Veterinarian and accessory kennels;
P
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.
P
Exhibit 4
Warehousing and storage in enclosed buildings or structures (including cold
storage and frozen food lockers).
P
P
Wearing apparel stores;
P
P
P
P**
Welding shops;
CU
Wholesale meat and produce distributors;
P
Window tinting;
P
P
Public recreational facilities.
P
P
P
P**
* * for properties with frontage along U.S. 17-92
Exhibit 4
Town Center Permitted Uses.
T1
T2
T3
T4
T5
C/P
Administrative public buildings
P
P
P
Adult congregate living facility
SE
SE
SE
Advertising agencies
SE
P
P
Alcoholic beverage sales (package)
P
P
Alcoholic beverage on -premises consumption
P
P
Alterations and tailoring
P
P
P
Amusement enterprises, private commercial
SE
SE
Antique and gift shop
P
P
P
Appliances, sales and service
P
P
Artists' studios
P
P
P
Automobile Repair Shops (routine service)
SE
Automotive accessories sales
SE
SE
Exhibit 4
Bakery, wholesale and retail
P
P
P
Bed and breakfast inn
P
P
P
Bicycles, sales and service
P
P
P
Bookkeepers
P
P
P
Bookstores, stationery, newsstands
P
P
Bus terminal (exclusive of bus stops)
SE
Bridal shops
P
P
Butcher shop, retail only
P
P
P
Carpets, rugs and linoleum
P
P
Churches (with or without educational and recreational buildings
and facilities)
Cleaners (Retail)
Coin dealers
SE
SE
SE
SE
SE
P
P
P
P
P
P
Computers, hardware and software sales and service
Confectionery and ice cream stores
P
P
P
P
P
P
Exhibit 4
Convention center
SE
P
P
Corner store or neighborhood convenience store without gas
pumps
Corner store or neighborhood convenience store with gas pumps
P
P
P
SE
Dance and music studios
P
P
P
Day care centers
SE
SE
SE
Drug and sundry stores
P
P
Dry cleaner
P
P
Equestrian facilities
Employment agencies
Financial institutions, banks, savings and loan
Florist and gift shops
Furniture, retail, new and used
Gas Stations
SE
SE
SE
P
P
SE
SE
P
P
P
P
P
SE
SE
Grocers, retail and wholesale
SE
P
P
Exhibit 4
Gun shop (retail, no gun range)
SE
P
P
Hair, nail and tanning salons
P
P
P
Hardware stores
P
P
Health food
P
P
P
Hobby and craft shops
P
P
P
Home occupations
P
P
P
Hospitals and nursing homes
SE
SE
Hotel
P
Inn
P
P
Insurance
P
P
P
Interior decorating and draperies
P
P
P
Jewelry stores
P
P
P
Launderettes and Laundromats
SE
SE
Libraries
P
P
P
Exhibit 4
Loan companies
SE
SE
Locksmiths
Luggage shops
Manufacturing and assembly of scientific and optical precision
instruments
P
P
P
P
P
P
SE
P
P
Medical clinics and laboratories
P
P
Municipal buildings
SE
SE
SE
P
Museums and/or cultural institutions
SE
P
P
Nurseries, plants, trees, etc., retail
SE
SE
SE
SE
Offices
P
P
P
P
Paint store
Parking garages, standalone
Parks (public) and public recreation areas and facilities
Pet shops and grooming
P
P
SE
SE
P
P
P
P
P
P
Photographic studios
P
P
P
Exhibit 4
Physical fitness and health clubs
P
P
Post office (federal government)
SE
SE
P
Printers, commercial
SE
Private clubs and lodges
SE
P
P
Public restrooms
P
Public utilities and service structures
SE
SE
SE
SE
SE
SE
P - Permitted Use
SE - Special Exception required
Quick printers
P
P
Radio and TV broadcasting studios, excluding towers
Radio and TV sales and service
Reception facilities (meeting rooms, etc.)
P
P
P
P
P
P
P
Rental stores, excluding auto/truck rentals
P
P
P
Retirement homes, including independent living through assisted
living
SE
SE
SE
Exhibit 4
Residential, single family (attached)
P
P
P
Residential, single family (detached)
P
P
SE
Residential, multifamily
SE
SE
Restaurants
P
P
P
Schools
SE
SE
SE
Shoe repair shops
P
P
P
Sidewalk cafes
P
P
P
Skating rinks
SE
SE
SE
Snack shops
P
P
P
Sporting goods, retail
P
P
P
Stadiums and arenas
SE
SE
Swimming pools; sales, service and supplies
SE
SE
SE
Tailoring shops
P
P
P
Taxidermists
SE
SE
Exhibit 4
Theaters, not drive-ins
SE
P
P
Title companies
SE
P
P
Tobacco shops
SE
SE
Town Center marketing and sales center
P
P
P
P
Toy stores
P
P
P
Trail heads
P
P
P
P
P
P
Travel agencies
P
P
P
Veterinary clinics (no overnight boarding)
SE
SE
Wearing apparel stores
P
P
P
Any other similar retail store or business enterprise permitted in
the relevant transect, provided the proposed use is not specifically
limited to a different Town Center transect or some other zoning
district within the city and provided a special exception is
approved by the city commission. Approved special exceptions
SE
SE
SE
SE
may be conditioned upon a required development agreement at the
discretion of the City Commission to address development terms
and conditions related to the approved special exception use.
Exhibit 4
P—Permitted by right.
SE—Special exception required
Exhibit 4
Greenway Interchange Allowed Uses
Sec. 20-330. - Permitted uses, conditional uses, incidental uses within buildings.
(a) The following target industry uses shall be permitted provided they are consistent with
requirements of this division:
Aeronautics and aerospace research and development facilities.
Alcoholic beverage sales for on -premises consumption.
Alternative energy research and development.
Architectural, engineering, legal, and planning services.
Biotechnical research and development.
Business schools and computer management training.
Computer and electronic product research and development.
Computer systems design and related services.
Computer animation and simulation.
Hotels and convention center.
Corporate office/business park development.
Data Centers and Data Warehousing
Diagnostic laboratories.
Electronic equipment sales and service.
Environmental services.
Financial information services (excluding branch banking services).
Fuel cell research and development.
Hydraulics and robotic research and development.
Information technology companies.
Medical laboratories.
Medical supplies and rentals.
Nanotech research and development.
Pharmaceutical and medical research development.
Scientific research and development.
Software development and programming.
Sports associated industries such as athletic research and development institutes and major
professional and amateur sports corporate offices.
Specialized computer oriented design services.
Telecommunications and video communications research and development.
Exhibit 4
Trade schools and universities supporting target industries.
(b) The following conditional uses may be permitted in the district upon approval of the city
commission provided they are consistent with the requirements of this division:
Multi -family residential uses subject to the additional conditions set forth in this division.
Other target industries not listed as a permitted use that would have a projected significant
positive economic and fiscal impact that will optimize and diversify the City's economic
tax base consistent with the intent and purpose of this division.
(c) The following uses incidental to permitted target industry uses authorized by this division
shall be permitted provided the incidental use is completely incorporated into a building
occupied by a target industry use and the incidental use is not in a stand-alone building:
Bicycle sales and service.
Bookstores and newsstands.
Civic uses.
Computers, hardware, software sales and services.
Convenience store without fuel pumps.
Daycare nurseries.
Dry cleaners.
Pharmacy.
Financial institutions.
Florist.
Medical clinics.
Performing arts center and cinemas.
Physical fitness and health clubs.
Restaurant or deli shop including associated sidewalk cafe.
Other incidental uses approved by the City that are consistent with the intent and purposes of
this division and deemed compatible and in harmony with the target industry located
within the same building as the incidental use.
(d) Accessory uses customarily incidental to the above permitted and approved conditional
uses shall be allowed provided they are consistent with the intent and purpose of this
division and deemed compatible and in harmony with the allowed permitted or conditional
use.
(e) Uses not specifically listed within this division shall be deemed prohibited.
Exhibit 5
Non Town Center Waiver Criteria:
1. The proposed development plan is in substantial compliance with this chapter and in
compliance with the comprehensive plan.
2. The proposed development plan will significantly enhance the real property.
3. The proposed development plan serves the public health, safety, and welfare.
4. The waiver will not diminish property values in or alter the essential character of the
surrounding neighborhood.
5. The waiver granted is the minimum waiver that will eliminate or reduce the illogical,
impossible, impractical, or patently unreasonable result caused by the applicable term
or condition under this chapter.
6. The proposed development plan is compatible with the surrounding neighborhood.
Town Center Waiver Criteria:
1. Is a result of special conditions and circumstances which are peculiar to the land, site
plan, structure or building involved and which justify granting the waiver in the
context of the overall proposed development being successful within the town center:
2. Is the minimum waiver from the town center regulations necessary to make possible
the reasonable use of the land, building or structure;
3. Is in harmony with the general intent and purpose of the town center regulations;
4. Will not be injurious or incompatible to the town center and any surrounding
neighborhood or property; and
Will not create a public nuisance or be detrimental to the public health, safety, and
welfare relative to public services including water, sewer, surface water management,
police, fire, parks and recreation, streets and traffic patterns, public transportation,
marina and water ways, bicycle and pedestrian facilities.
Exhibit 6
Application requirements of conditional uses and waivers:
A general description of the relief sought under this division.
2. A brief explanation as to why the application satisfies the relevant criteria set forth in this
division.
3. The name(s) of the owner(s) of the particular real property.
4. If the applicant is other than all of the owners of the particular property, written consent
signed by all owners of the particular real property shall be attached.
The legal description of the particular real property, accompanied by a certified survey or
that portion of the map maintained by the Seminole County Property Appraiser reflecting
the boundaries of the particular real property.
6. The current and future land use and the zoning designations on the real property.
Application requirements for Town Center projects:
1. A current up-to-date site survey;
2. A current up-to-date tree survey;
A site plan, drawn to scale, which shall indicate:
a. Building locations and orientations, and landscape areas;
b. Parking locations and number of spaces;
c. Paved surfaces, materials and location(s);
d. Site location diagram and legal description; and
e. Signage.
4. Building elevations illustrating all sides of structures facing public streets or spaces;
5. A parking analysis justifying the proposed parking solution (such as Shared Parking,
by Barton Aschman Associates, The Urban Land Institute);
6. An economic fiscal impact report, prepared by a duly qualified expert, in compliance
with the requirements set forth in the City's Comprehensive Plan and Code, if
applicable; and
7. Other reasonable supporting documents to indicate intentions and/or any other items
reasonably required by the development review committee to determine whether or
not the proposed development is in compliance with the City's Comprehensive Plan
and Code.
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