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HomeMy WebLinkAboutOrdinance 2004-02 Commerce Center ORDINANCE NO. 2004-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A NEW ZONING DISTRICT CATEGORY ENTITLED "COMMERCE CENTER," PROVIDING GENERAL INTENT PREAMBLE, LIST OF PERMITTED AND CONDITIONAL USES, AND BULK REGULATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any poWer for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to create a new zoning district called Commerce Center for small scale, clean and non-objectionable light industrial and commercial tenants generally operating out of warehouses; and WHEREAS, based on existing circumstances in the City, especially Belle Avenue, the City Commission hereby finds that these types of small scale industrial and commercial uses should be included in a separate zoning category because they do not closely fit within existing zoning categories adopted by the City; and WHEREAS, the City has the police powers to create zoning districts within the City. Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); 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 Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Code Amendments. The City of Winter Springs Code, Chapter 20, Zoning, is hereby amended by adding a new Division 14 (underlined type indicates additions and strikeout type indicates deletions): City of Winter Springs Ordinance No. 2004-02 Page 1 of 6 DIVISION 14. CC - COMMERCE CENTER ZONING DISTRICT. Sec. 20-345. In General. The provisions of this district are intended to apply to lands suitable for a wide variety of small scale (less than 3500 SF) 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-obiectionable 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 adiacent 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 "Industria!." 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: (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; (0) Glass and glass products; (p) Jewelry; (q) Optical equipment; City of Winter Springs Ordinance No. 2004-02 Page 2 of 6 (r) Material or product packaging; (s) Medical supplies (with limited rental); (t) Perfume; (u) Pharmaceutical products; (v) Photoqraphic equipment and supplies; (w) Plastic products, except pyroxylin; (x) Precision instruments and machinery; (v) 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) Spices and spice packaging; (ii) Stationery; Oi) 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; (h) Musicians; (i) Photography; (i) Radio and television; (k) Real estate brokers; (I) Telephone sales solicitors; (m) Utility management services; City of Winter Springs Ordinance No. 2004-02 Page 3 of 6 (n) Vehicle brokers or agents; (0) Wholesale sales and distribution; and (p) Wrecker and towing service. (6) Packing & 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. Section 20-345.2. Building Height Restrictions. No building or structure shall exceed thirty-five (35) feet. Section 20-345.3. Conditional Uses. (1) Light manufacturing. processing. and assembly not listed above. City of Winter Springs Ordinance No. 2004-02 Page 4 of 6 (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 adiacent properties by a masonry wall with an opaque gate. (5) Tenant area greater than 3500 S.F. but less than 7500 S.F. Section 20-345.4. Bulk regulations. (1) All uses shall be maintained within an enclosed permanent building with no outside storage. unless permitted by conditional use. (2) Maximum tenant area: 3500 SF. unless permitted by conditional use. (3) Minimum front setback: Twenty-five (25) ft. (4) Minimum side and rear setback: Fifteen (15) feet. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of 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. 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 as provided by the City Charter. City of Winter Springs Ordinance No. 2004-02 Page 5 of 6 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 9th day of February , 2004. JOHN F. BUSH, 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 Reading: January 26, 2004 Second Reading: February 9, 2004 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2004.02 Page 6 of 6 NOTICE OF ORDINANCE CHANGE CITY OF WINTER SPRINGS Notice of Amendment of Chapter 10, Pertaining to Adult Entertainment Establishments ORDINANCE NO. 2003-41 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA AlylENDING CHAPTER 10, ARTICLE III, OF THE WINTER SPRINGS CITY CODE PERTAINING TO SEXUALLY ORIENTED BUSINESSES AND ADULT ENTERTAINMENT ESTABLISHMENTS, AND RELATED MATTERS; PROVIDING FOR A SHORT TITLE; PROVIDING FOR LEGISLA- TIVE PURPOSES, FINDINGS "'D INTENT; PROVIDING FOR CONSTRUCTION OF THE ORDINANCE; RECOGNIZING OBSCENITY AS UNLAWFUL PROVIDING FOR DEFINI- TIONS; PROVIDING FOR NOTICE; PROVIDING FOR PENALTIES, REMEDIES AND RELIEF; PROvIDING FOR AND REQUIRlNG LICENSES; PROVIDING FOR LICENSEE APPLICATIONS AND FEES; PROVIDING FOR CLASSIFICATION OF LICENSES; PRO- vIDING FOR APPROVAL AND DENIAL OF LICENSE APPLICATIONS; PROVIDING FOR CONTINUING DUTIES UPON LICENSED APPLICANTS; PROVIDING FOR INVESTIGA- TIONS; PROVIDING FOR REAPPLICATION; PROVIDING FOR TIME PERIODS FOR NOTICES. SUBMITTALS, FILINGS, AND DECISIONS; PROVIDING FOR RESPONSIBILI- TIES OF CITY AND GOVERNlvIENT OFFICIALS AND DEPARTMENTS; PROVIDING FOR EXPIRATION, LAPSE, CONTINUATION, TERMS, SUSPENSION, REVOCATION AND ENFORCEMENT OF LICENSES; PROHIBITING THE TRANSFER OF LICENSES; PROVID- ING FOR ESTABLISHMENT NAME CHANGES; PROVIDING FOR LICENSE SUSPENSION AND REVOCATION PROCEDURES AND PROCEEDINGS; PROVIDING FOR APPEALS; PROVIDING FOR WORKER RECORDS, CUSTOMER CONTRACTS AND DAILY REGIS- TERS AND INSPECTIONS THEREOF; PROVIDING FOR DUTIES AND OBLIGATIONS; PROVIDING FOR PROHIBITED ACTIVITIES AND UNLAWFUL ACTS BY ESTABLISH- MENTS AND BUSINESSES, WORKERS, OPERATORS, AND CUSTOMERS; PROVIDING FOR GENERAL REQUIREMENTS, DUTIES, OBLIGATIONS, REQUIRED ACTS AND PRO- HIBITIONS; PROVIDING FOR LICENSEE CONSENT; PROVIDING FOR SPECIFIC PROVI- SIONS RELATING TO VARIOUS CATEGORIES OF LICENSEES; PROVIDING REGULA- TIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING REGULATIONS FOR ADULT BOOK STORES/ADULT VIDEO STORES; PROVIDING REGULATIONS FOR ADULT THEATERS; PROVIDING REGULATIONS FOR ADULT PERFORMANCE ESTAB- LlSHMENTS; PROVIDING REGULATIONS FOR COMMERCIAL BODILY CONTACT ESTABLISHMENTS; PROvIDING REGULATIONS FOR ESCORTS AND ESCORT SERVICE PROVIDERS; PROVIDING REGULATIONS FOR ADULT MODELING OR DISPLAY ESTABLISHMENTS; PROVIDING REGULATIONS FOR ADULT MODELS; PROVIDING REGULATIONS FOR PROHIBITED ACTS BY CUSTOMERS; PROVIDING FOR PROHIBIT- ED ACTS BY WORKERS AND OPERATORS; PRO\IDING FOR RECORDS AND REPORTS; PROVIDING OPERATIONAL REQUIREMENTS AND PROHIBITIONS; PROVIDING FOR USE OF RESTROOMS AND DRESSING ROOMS; PROVIDING FOR THE PROTECTION OF MINORS; PROVIDING FOR HOURS OF OPERATION; PROHIBITING SEXUAL ENCOUNTER BUSINESSES; PROVIDING IMMUNITY FROM PROSECUTION FOR CER- TAIN GOVERNMENT OFFICIALS AND ACTS; RESTATING THAT ADULT ENTERTAIN- MENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES SHALL BE LOCATED IN INDUSTRIAL AREAS SUBJECT TO DISTANCE REQUIREMENTS FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES, AND PARKS AND RECREATIONAL AREAS; PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION. AND AN EFFEC- TIVE DATE. Notice Establishing a New Zoning District ORDINANCE NO. 2004-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A NEW ZONING DISTRICT CATEGORY ENTITLED "COMMERCE CENTER," PROVIDING GENERAL INTENT PREAM- BLE, LIST OF PERMITTED AND CONDITIONAL USES, AND BULK REGULA- TIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDI- NANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVER- ABILITY, AND AN EFFECTIVE DATE. The Adoption of these ordinances will affect all of Winter Springs PUBLIC HEARINGS FOR THE FINAL READING OF THE PROPOSED ORDINANCES \vTLL BE HELD ON MONDAY, FEBRUARY 9, 2004 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 \VINTER SPRINGS, FLORIDA The proposed ordinances may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday. at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800 #227. Persons with disabilities needing assis- tance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, #236. These are puhlic hearings. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based.