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HomeMy WebLinkAboutOrdinance 264 Section 44.47 ORDINANCE NO. 264 AN ORDINANCE OF THE CITY OF WINTER SPRINGS AMENDING SECTION 44.47 REGARDING USES PERMITTED IN C-l NEIGHBORHOOD COMMERCIAL DISTRICTS; ADDING SECTION 44.47.1 PROVIDING FOR NONCONFORMING USES; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs has found that there is a need to clarify and further define the uses permitted in C-l Neighborhood Commercial Districts; and WHEREAS, the City Commission of the City of Winter Springs recognizes that certain legal uses presently existing in C-l Neighborhood Commercial Districts will become nonconforming uses under the Code of the City of Winter Springs as hereby amended; and WHEREAS, the City Commission of the City of Winter Springs finds that it is in the best interest of the health, safety and general welfare of the citizens of the City of Winter Springs that such nonconforming uses be discontinued. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: Section I. That Section 44.47 of the Code of Ordinances of the City of Winter Springs, Florida, is hereby amended to read as follows: SECTION 44.47 - USES PEID1ITTED. Within an C-l Neighborhood Commercial District, no building, structure, land or water. shall be used except for one or more of the following uses: 1. Administrative Public Buildings 2. Advertising Agencies 3. Alcoholic Beverage Sales (Package) 4. Alcoholic Beverage on Premises Consumption 5. Alterations & Tailoring 6. Antique & Gift Shop 7. Appliances - Sales & Service Whenever a nonconforming use of a building or land has been dis- continued or changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. Section II - Severability. If any section, part of a section, paragraph, sentence, clause, phrase or word of the Ordinance is, for any reason, held or declared to be unconstitutional, inoperative, or void, such holding of invalidity shall not affect the remaining portions of this ordinance and it shall be construed to have been the legislative intent to pass this Ordinance without such unconsti- tutional, invalid or inoperative part therein, and the remainder of this Ordinance, after the exclusion of such part or parts, shall be deemed to be held valid as if this Ordinance, or any provisions thereof, shall be held inapplicable to any person, group of persons, property, kind of property, circumstances, or set of circumstances, such holding shall not affect the application hereof to any other person, property or circumstances. Section III - Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Section IV - Conflicts. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED and ADOPTED this l3th day of July, 1982. CITY OF WINTER SPRINGS, FLORIDA By: Troy J. Piland, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading June 8, 1982. Posted June 28, 1982. Second Reading & Public Hearing July 13, 1982. 8. Artists Studios 9. Attorneys 10. Automotive Accessories Sales 11. Bakery, Retail 12. Bathroom Accessories 13. Bicycles - Sales & Service 14. Bookstores, Stationery, Newsstands 15. Bookkeepers 16. Bowling Alley 17. Butcher Shop, Retail only 18. Carpets, Rugs & Linoleum 19. Car Wash 20. Churches 21. Cleaners 22. Coin Dealers 23. Computers, Hardware & Software Sales & Service 24. Confectionery & Ice Cream Stores 25. Dance & Music Studios 26. Day Nurseries, Kindergartens & Daycare 27. Drug & Sundry Stores 28. Employment Agencies 29. Financial Institutions, Banks, S & L 30. Florist & Gift Shops 31. Full Service Gas Stations - requiring that mechanical repair service be provided. 32. Furniture - Retail, New & 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. Hardware Stores 36. Health Food 37. Hobby & Craft Shops 38. Hospitals & Nursing Homes 39. Hypnotists 40. Ice, Retail 41. Insurance 42. Interior Decorating & Draperies 43. Jewelry Stores 44. Launderettes & Laundromats 45. Libraries 46. Loan Companies 47. Locksmiths 48. Luggage Shops 49. Medical Clinics & Laboratories 50. Nurseries, Plants, Trees, etc. Retail 51. Outdoor Advertising Signs Sales Offices 52. Paint Store 53. Parking Garages 54. Pawn Shop 55. Pet Shops & Grooming 56. Photographic Studios 57. Physical Fitness & Health Clubs 58. Post Office 59. Private Clubs & Lodges 60. Quick Printers 61. Radio & TV Broadcasting Studios, excluding towers 62. Radio & TV Sales & Service 63. Rental Shops 64. Regulated Professions: Offices and Professions Licensed and regulated by the Department of Professional Regulation pursuant to Chapter 455 & S20.30 F.S. as now existing or as hereafter amended. 65. Retirement Homes 66. Restaurants 67. Schools, Public, Private & Parochial - service vocational schools (such as cosmetology, medical and dental assistant's training) requiring no mechanical equipment. 68. Shoe Repair Shops 69. Skating Rinks 70. Sporting Goods, Retail 71. Swimming Pools, Sales, Service & Supplies 72. Tailoring Shops 73. Taxidermists 74. Telephone Business Office & Exchanges 75. Theaters, not drive-ins 76. Title Companies 77. Tobacco Shops 78. Toy Stores 79. Travel Agencies 80. Wearing Apparel Stores 81. Any other retail store or business enterprise not listed under any other zoning classification that in the judgment of the Board of Adjustment is consistent with those included above, and further, that will be in harmony with the spirit of Sections 44.01 through 44.90. Outdoor display and/or sales prohibited except by Special Exception. Cross Reference - Adult Bookstores, theaters and cabarets permitted in C-l zones, S9-30. SECTION 44.47.1 - NONCONFORMING USES. The lawful use of a building or structure existing at the time of the passage of this chapter may be continued, although such use does not conform to the provisions of this chapter; and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, or ordered by an authorized officer to insure the safety of the building, are made therein. No such use shall be extended to occupy any land outside such building. If such nonconforming building is removed or the nonconforming use of such building is discontinued for a continuous period of not less than 365 days, every future use of such premises shall be in conformity with the provisions of this chapter. The lawful use of the land existing at the time of the passage of this ordinance may be continued, provided however, that no such non- conforming use may be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this chapter. If such nonconforming use is discontinued for a continuous period of not less than 365 days, any future use of said land shall be in conformity with the provisions of this chapter. TELEPHONE (305) 327-1800 WINTER SPRINGS. FLORIDA ZIP CODE 32708 CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City Commission of the City of Winter Springs, Florida, that said Commission will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS AMENDING SECTION 44.47 REGARDING USES PERMITTED IN C-l NEIGHBORHOOD COM}lliRCIAL DISTRICTS; ADDING SECTION 44.47.1 PROVIDING FOR NONCONFORMING USES; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. on Tuesday, July 13. 1982 , or as soon thereafter as possible in the Commission Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. day of June 19 82. Dated this 25 CITY OF WINTER SPRINGS, FLORIDA /Ju/"1 /- ;l.J;~ Mary T. Norton, City Clerk '- , -...~"",..,.,r-_ II Sentinel s;~;company 1) Publi.h..d Daill Orlando. Oran~ Counl~.. Florida ADVERTISING CHARGE $ 31. 79 ~tab of lIoriba t COUNTY OF ORANGE ~ 88 day CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City Commission of the City of Winter Springs, Florida, that said Commis- sion will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS AMENDING SECTION 44.47 REGARDING USES PERMITTED IN C-1 NEIGH- BORHOOD COMMERCIAL DIS- TRICTS; ADDING SECTION 44.47.1 PROVIDING FOR NONCONFORM- ING USES; SEVERABILITY; CON- FLICTS AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. on Tuesday, July 13, 1982, or as soon thereafter as pos- sible in the Commission Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this 25 day of June, 1982. CITY OF WINTER SPRINGS, I sl Mary T. Norton Mary T. Norton, City Clerk CL-419 June28,1982 Before the undersigned authority pemonally appeared Nancy A. Puglia who on oath says that she is the Legal Advertising Reprell€ntative of the Sentinel Star, a Daily newspaper published at Orlando, in Orange County, Florida; that the attached copy of ad- vertisement, being A Not: i ~p of PllQ 1 i r Hearing Re: Ordinance Amending SectiQ!L 44.4 7 pt~_ in the matter of in the Court, was published in said newspaper in the issues of June 28, 1982 Affiant further says that the s.aid Sentinel Star is a newspaper published at Or- lando, in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Orlando, in said Orange County, Florida for a period of Ont, year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this '/,1 ,-naL:{ ,f]~~ -----L{L J' 28th ~v. ~ /l}/ .,~' /1d82 E: (;t/d Z?:JLv '-~ C/~ !!4!~ , Not~ry P bl' Notary Public . u. Ie, State of Florida at large ~ GDmmlsslllll Up-ires Jan. .2.lo& .JJt~ FORM NO. AD-262 cf ,Tllnp