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HomeMy WebLinkAboutOrdinance 2004-28 Chapter 20/Zoning ORDINANCE 2004-28 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING, BY AMENDING THE LIST OF PERMITTED, CONDITIONAL, AND PROHIBITED USES WITHIN THE 1-1 LIGHT INDUSTRIAL DISTRICT, WITHIN THE C-l NEIGHBORHOOD COMMERCIAL DISTRICT, AND WITHIN THE C-2 GENERAL COMMERCIAL DISTRICT; ADOPTING A NEW ZONING DISTRICT CATEGORY CALLED "C-3 HIGHWAY 17-92COMMERCIAL DISTRICT" AND ESTABLISHING PERMITTED, CONDITIONAL, AND PROHIBITED USES WITHIN THAT DISTRICT; 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 Vill, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City has the police power to establish comprehensive zoning districts and regulations in order to preserve and protect the public welfare. Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); and WHEREAS, the City Commission and City staff held a workshop to conduct a comprehensive review of the City's current list of permitted, conditional, and prohibited uses under the 1-1, C-l and C-2 zoning districts; and WHEREAS, upon review, the City Commission hereby finds that the current 1-1, C-l and C- 2 zoning schemes do not provide adequate safeguards to protect against introducing incompatible land uses which may impact adjacent or surrounding land uses and may make it difficult to create a system of transitional commercial and industrial zoning districts throughout the City; and WHEREAS, the City Commission desires to amend the current list of permitted, conditional, and prohibited uses under the 1-1, C-l and C-2 zoning districts, and to create a new C-3 Highway 17- 92 Commercial District; and WHEREAS, the Planning and Zoning Board/LP A has reviewed this Ordinance and has found it consistent with the City's Comprehensive Plan and recommended approval to the City Commission; and City of Winter Springs Ordinance 2004-28 Page 1 of 12 WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning code change set forth hereunder and considered findings and advice of the Planning and Zoning Board, City Attorney, staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and being otherwise fully advised, hereby finds that this Ordinance is consistent with the City's Comprehensive Plan, serves a legitimate government purpose, promotes smart growth management and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. 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. Chapter 20, Zoning, of the City of Winter Springs Code is hereby amended as follows (underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): ARTICLE III. ESTABLISHMENT OF DISTRICTS * * * DIVISION 7. C-l NEIGHBORHOOD COMMERCIAL DISTRICTS Sec. 20-231. In general. The C-l Neighborhood Commercial District consists of lands abutting principal streets, the frontages of which are especially adaptable to selected light retail sales and services and office-oriented vrofessional services which serve the community and which are not detrimental to adiacent residential districts. Adjoining these lands are residential districts that would be adversely affected by a greater diversification of uses creating serious problems of traffic movement and generation. The land uses under this district shall promote spaciousness of land uses, minimize traffic along adjacent thoroughfares and within residential districts, promote aesthetic and architectural harmony, attractiveness, and compatibility with nearby residential districts and within the community, and abide by the performance and development standards of the city, county, state, and U.S. government. Areas of the city for which this zoning category are appropriate are designated on the future land use map as "Commercial." Sec. 20-232. Uses permitted. (a) Within any C-I Neighborhood Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: City of Winter Springs Ordinance 2004-28 Page 2 of 12 (1) Advertising agencies; (2) Alcoholic beverage sales (package); (3) Alcoholic beverage on-premises consumption; (4) Alterations and tailoring; (5) Animal hospitals and veterinary clinics (with no outside kennels); (6) Antique and gift shop; (7) Appliances, sales and service; (8) Art supplies and picture framing shops; (9) Artists' (such as painters, sculptors, and craftmakers) studios; (10) Attorneys; (11) Automotive accessories sales; (12) Bakery, retail; (13) Bathroom accessories; (14) Bicycles, sales and service (including rentals); (15) Bookstores, stationery and office supplies, newsstands; (16) Bookkeepers; (17) Butcher shop, retail only; (18) Cleaners; (19) Coin dealers; (20)Computers, hardware, and software, and other electronics sales and service; (21) Confectionery and ice cream stores (including outside dining); (22) Copy shops; (23) Cultural institutions (such as museums, etc.); (24) Dance and music studios; (25) Day nurseries, kindergartens and day care; (26) Drug and sundry stores; (27) Employment agencies; (28) Financial institutions, banks, savings and loan; (29) Floor coverings; (30) Florist and gift shops (including outdoor display and sales); (31) Formal wear rentals; (32) Furniture, retail, new and used; (33) Grocers, retail; those whose business include and are limited to the retail sale of groceries including produce, meats and household goods but shall not include the sale of gasoline; (34) Gun shop; (35) Hair and beauty salons (including nail salons); (36) Hardware stores; (37) Health and exercise clubs and athletic training facilities; (38) Health food; City of Winter Springs Ordinance 2004-28 Page 3 of 12 (39) Hobby and craft shops; fabric stores; (40) Hospitals, and nursing homes; (41) Hypnotists; (42) Ice, retail (43) Insurance; ( 44) Interior decorating and draperies; (45) Jewelry stores; (46) Launderettes and laundromats; (47) Libraries; (48) Loan companies; (49) Locksmiths; (50) Luggage shops; (51) Medical and dental clinics and laboratories; (52) Micro-breweries and micro-wineries; (53) Nurseries, plants, trees, etc., retail (including outdoor display and sales); (54) Offices, professional and business; (55) Outdoor advertising signs sales offices; (56) Paint store; (57) Parking garages; (58) Pet shops and grooming; (59) Photographic studios; (60) Post office; (61) Private clubs and lodges; (62) Public and government services; (63) Radio and TV sales and service (64) Religious assembly; (65) Rental shops; (66) Retirement homes; (67) Restaurants and outdoor dining; cafes; (68) Schools, public, private and parochial, service vocational schools (such as cosmetology, medical and dental assistant's training) requiring no mechanical equipment; (69) Shoe repair shops; (70) Skating rinks; (71) Sporting goods, retail; (72) Swimming pools; sales, service and supplies; (73) Tailoring shops; (74) Taxidermists; (75) Telephone business office and exchanges and telemarketers (No dispatch); (76) Title companies; (77) Tobacco shops; City of Winter Springs Ordinance 2004-28 Page 4 of 12 (78) Toy stores; (79) Travel agencies; (80) Wearing apparel stores; (b) Outdoor display and/or sales are prohibited except as specified or as permitted by special exception. * * * Sec. 20-234. Conditional uses. (1 ) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling allevs and similar uses) ; (2) Animal hospitals and veterinary clinics with outside kennels; (3) Car wash; (4) Convenience markets and stores and self-service gasoline sales; (5) Multiple-family residential with a maximum allowable density no greater than that allowed under a Medium Density Residential future land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage. * * * Sec. 20-236. Overlav district regulations. Overlay district regulations may apply. Sec. 20-237. Bulk regulations. (1) Minimum front setback: Twenty-five (25) ft. (2) Minimum rear and side setback: Fifteen (15) ft. City of Winter Springs Ordinance 2004-28 Page 5 of 12 (3) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. * * * DIVISION 8. C-2 GENERAL COMMERCIAL DISTRICT * * * Sec. 20-252. Uses permitted. Within C-2 General Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: * * * (13) Offices. professional and business; * * * (32) Automotivelboat/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 not outdoor storage of any kind-; * * * Sec. 20-253. Building height regulations. No building or structure shall exceed fifty (50) feet in height. Sec. 20-254. Conditional uses. (6) Multiple-family residential units with a maximum allowable density no greater than that allowed under a Medium Density Residential future land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage; (2) Automotivelboat/manufactured home major service and major repaIr establishments (including body repairs and painting and similar heavy type uses); (3) Car wash: (4) Halfway houses, group homes, and similar uses; (7)Small-scale cabinet makers, furniture assembly, and woodworking shops (not to exceed 2,500 sq. ft.); (8) Small-scale clothing manufacturing (not to exceed 2,500 sq. ft.); (5) Mortuary and funeral homes; City of Winter Springs Ordinance 2004-28 Page 6 of 12 (1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys, and similar uses); Sec. 20-255. Bulk regulations. ill Minimum front setback: Twenty-five (25) ft. ill Minimum side and rear setback: Fifteen (15) ft. ill The total impervious surface area shall not exceed seventy-five (75) percent of the total site. Sec.20-256-20-257. Reserved. DIVISION 8.5. 1-1 LIGHT INDUSTRIAL DISTRICT Sec. 20-258. In general. The provisions of this district are intended to apply to lands and structures, by their use and location, which are especially adapted to the business of wholesale distribution, storage and light manufacturing and to authorized land uses and activities which that could cause adverse secondary effects and influences on residential areas surroundil'lg l'leighborhoods and nonindustrial uses. Such lands are located in close proximity to principal thoroughfares and adequately separated (or buffered or both) away from residential uses. The purpose of this district is to encourage and develop exceptionally clean, non-objectionable industrial uses and to allow a place for other uses and activities which could cause adverse secondary effects and influences on surrounding neighborhoods if located elsewhere. It is also the intent of this district to protect adjacent parcels from encroachment of smoke, fumes, vibration, noise or odors of any objectionable nature and to promote aesthetic and architectural harmony, and attractiveness within the community. All uses allowed hereunto shall abide by the performances and development standards of the city, county, state, and U.S. government Areas of the city for which this zoning category may be appropriate are designated on the future land use map as "Industrial." Sec. 20-259. Uses permitted. Within the 1-1 Light Industrial Zoning District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Any permitted use listed in Section 20-345.1 of the "Commerce Center" District; (2) Any permitted use listed in Section 20-346.1 ofthe "C-3 Highway 17-92 Commercial District" for properties with frontage along US 17-92; City of Winter Springs Ordinance 2004-28 Page 7 of 12 (8) 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 below.) (3) Adult entertainment and sexually oriented businesses (5) Cabinet makers, furniture assembly and woodworking shops (6) Laundry and dry cleaning (4) Boat building and storage yards (9) Showrooms. City of Winter Springs Ordinance 2004-28 Page 8 of 12 * * * Sec. 20-261. Conditional uses. (1 ) Body piercing and tattoo shops; (2) Building floor area greater than 50.000 sq. ft.; (3) Halfway houses, group homes and similar uses (4) Kennels. pet and animal rescue operations. animal boarding houses. and similar animal facilities or operations; (5) Light manufacturing, processing, and assembly not listed under Section 20-~ 345.1 (6)Trucking terminals; (7)Welding shops. Sec. 20-262. Bulk regulations. (1) Minimum floor area: Nine hundred (900) sq. ft.; Maximum floor area: 50.000 sq. ft. unless permitted by Conditional Use. (2)Minimum lot size: Seven thousand five hundred (7,500) sq. ft. (3) Minimum lot width: Seventy-five (75) ft. (4) Minimum lot depth: One hundred (100) ft. (5) Minimum front setback: Twenty-five (25) ft. (6)Minimum rear setback: Fifteen (15) ft. (7) Minimum side interior setback: Five (5) ft.; side corner lot: Fifteen (15) ft. (8) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. Sec. 20-263. Enclosed buildings and outside storage. All uses shall be maintained within an enclosed permanent building with any outside storage screened from streets by an eight (8') foot masonry wall with any gates being opaque. Sec. 20-264 - 20-265. Reserved. Section 3. C-3 Highway 17-92 Commercial Zoning Category Created. Chapter 20 Zoning, Article ill, Establishment of Districts, of the Code of the City of Winter Springs is hereby amended to create a new Division 15 as follows (underlined type are additions and type are deletions): DIVISION 15. C-3 HIGHWAY 17-92 COMMERCIAL DISTRICT Sec. 20-346. In general. The lands of the "C-3 Highway 17-92 Commercial" District are particularly oriented to a wide variety of commercial and professional office uses which may generate excessive traffic from City of Winter Springs Ordinance 2004-28 Page 9 of 12 clientele or capture large volumes of traffic from adjacent thoroughfares. The purpose of this district is to encourage and develop the normal operation of general commercial land uses listed here, under such conditions of olJeration as will protect abutting residential and other noncommercial uses, 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. This District is intended for lands adiacent to or easily serviced by collector and maior arterial roads adaptable to higher traffic generating general commercial uses. Areas of the city for which this zoning category may be appropriate are designated on the future land use map as "Commercial. " Sec. 20-346.1. Uses permitted. Within "C-3 Highway 17-92 Commercial" District, no building, structure, land or water shall be used except for one 0) or more of the following uses: (1) Any use permitted in the C-l Neighborhood Commercial District; (2) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys and similar uses); (3) 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; (4) Automotive and vehicular retail sales; rental and leasing; (5) Baker, retail and wholesale (including coffee roasting); (6) Big box retail; (7) Boat sales; (8) Bus terminal; (9) Car wash; (10) Cold storage and frozen food lockers; (11) Contractors (provided that all activity and storage shall be conducted within a completely enclosed building and there is no outdoor storage of any kind); (12) Convenience markets and stores and self-service gasoline sales; (13) Corporate headquarters and office parks; (14) Equipment rental; (15) Gas, bottled; (16) Grocers, retail and wholesale; (17) Gas stations (full service), as an accessory use to a convenience store and satisfying any distance requirement established by City Code; (18) Indoor public storage; (19) Industrial trade, professional and vocational schools, not involving operations of an industrial nature; (20) Laboratories for testing materials and chemical analysis of a non-industrial nature; (21) Landscaping services; nurseries, plants, trees; (22) Lumber, building, and home improvement supplies in an enclosed building or structure; (23) Motels and hotels; City of Winter Springs Ordinance 2004-28 Page 10 of 12 (24) Movers; (25) Pest control (exterminating) of a non-industrial nature; (26) Printers, commercial; (27) Radio and television studios and offices; (28) Recreational vehicles sales and service; (29) Research development and service facilities; (30) Retail commercial and commercial outlets not exceeding 50,000 sq. ft.; (31) Showrooms; (32) Theaters, not drive-ins. Sec. 20-346.2. Building height regulations. No building or structure shall exceed fifty (50) feet in height. Sec. 20-346.3. Conditional uses. (1) 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; (2) Halfway houses, group homes, and similar uses; (3) 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: (4) Mortuary and funeral homes; (5) Multiple-family residential with a maximum allowable density no greater than that allowed under a High Density Residential future land use designation and with at least two (2) parking spaces for each unit provided; (6) Outside storage if screened from streets and adjacent properties by an 8' masonry wall with any gates being opaque. (7) Pawn shops. (8) Retail commercial and commercial outlets exceeding 50,000 sq. ft.; (9) Seasonal or temporary outdoor display and/or sales (such as Christmas tree lots, etc.); Sec. 20-346.4. Bulk regulations. (1 ) All uses shall be maintained within an enclosed permanent building with no outside display, sales, or storage unless stated otherwise or permitted by conditional use. (2) Minimum front setback: Twenty-five (25) ft. (3) Minimum rear setback: Fifteen (15) ft. (4) Minimum side setback: Five (5) ft.; side corner lot: Fifteen (15) ft. (5) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. Section 4. 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. City of Winter Springs Ordinance 2004-28 Page 11 of 12 Section 5. 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 6. 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 7. 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. ADOPTED by the City Commission of the City of 7ter Springs, Florida, in a regular meeting assembled on the 12th day of July. ,2004. Robert S. Miller, Deputy 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: June 14, 2004 Second Reading: June 28, 2004 Third Reading: July 12, 2004 Effective Date: See Section 7. City of Winter Springs Ordinance 2004-28 Page 12 of 12 NOTICE OF ZONING CODE CHANGES CITY OF WINTER SPRINGS ORDINANCE 2004-28 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING, BY AMENDING THE LIST OF PERMITTED, CONDI- TIONAL, AND PROHIBITED USES WITHIN THE I-I LIGHT INDUSTRIAL DISTRICT, WITHIN THE C-l NEIGHBORHOOD COMMERCIAL DISTRICT, AND WITHIN THE C-2 GENERAL COMMERCIAL DISTRICT; ADOPTING A NEW ZONING DIS- TRICT CATEGORY CALLED "C-3 HIGHWAY 17-92 COMMER- CIAL DISTRICT" AND ESTABLISHING PERMITTED, CONDI- TIONAL, AND PROHIBITED USES WITHIN THAT DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. The Adoption of this ordinance will affect all of Winter Springs PUBLIC HEARINGS FOR THE FINAL READING OF THE PROPOSED ORDINANCE WILL BE HELD ON MONDAY, JULY 12,2004 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance 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 assistance to participate in any of these proceed- ings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327- 1800, #236. These are public hearings. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. 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 proceed- ings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. NOTICE OF ZONING CODE CHANGES CITY OF WINTER SPRINGS ORDINANCE 2004.28 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING, BY AMENDING THE LIST OF PERMITTED, CONDITIONAL, AND PROHffilTED USES WITHIN THE 1-1 LIGHT INDUSTRIAL DISTRICT, WITHIN THE C-l NEIGHBORHOOD COMMERCIAL DISTRICT, AND WITHIN THE C-2 GENERAL COMMERCIAL DISTRICT; ADOPTING A NEW ZONING DISTRICT CATEGORY CALLED "C-3 HIGHWAY 17-92 COMMER- CIAL DISTRICT" AND ESTABLISHING PERMITTED, CONDITIONAL, AND PROHIBITED USES WITHIN THAT DISTRICT; PROVIDING FOR THE REPE;\L OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. PUBLIC HEARINGS FOR THE READING OF THE PROPOSED ORDINANCE WILL BE HELD ON MONDAY, JUNE 28, 2004 AT 6:30 P.M. MONDAY, JULY 12,2004 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinance 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 assistance 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 public hearings. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. 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.