HomeMy WebLinkAboutOrdinance 2010-03 Amending Uses I-1 Industrial Zoning District ORDINANCE NO. 2010-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
LIST OF PERMITTED, CONDITIONAL AND PROHIBITED
USES IN THE I -1 INDUSTRIAL ZONING DISTRICT;
AMENDING CERTAIN RELATED DEFINITIONS IN THE
ZONING CODE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission finds that there are environmental and economic benefits
related to recycling various types of metals; and
WHEREAS, the City has adopted a recycling program for common household items which
are recycled through the weekly solid waste services provided by the City; and
WHEREAS, the City Commission also finds that there is a limited need to provide
additional local metal recycling options within the City and Seminole County; and
WHEREAS, to accommodate this limited local recycling need, the City Commission desires
to amend the list of permitted, conditional, and prohibited uses within the Industrial zoning district;
and
WHEREAS, on February 3, 2010, the Planning & Zoning Board (Land Planning Agency)
conducted a public hearing on this ordinance and recommended approval to the City Commission
with the inclusion of recycling of non - hazardous materials; 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:
City of Winter Springs
Ordinance No. 2010 -03
Page 1 of 5
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs City Code, Section 20 -259
is hereby amended as follows (underlined type indicates additions and strikeout type indicates
deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 20-
259. It is intended that the text in Section 20 -259 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance):
CHAPTER 20. ZONING
ARTICLE I. DEFINITIONS
* **
Junkyards. An establishment or place of business which is maintained, operated, or used for storing,
keeping, buying, or sellingjunk, or for the maintenance or operation of an automotive graveyard, and
the term shall include garbage dumps and sanitary landfills. For purposes of this definition, an
automotive graveyard shall mean an establishment or place of business which is maintained, used,
or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor
vehicles or motor vehicle parts. The term junkyard shall not include a recycling facility which
satisfies the requirements of section 20- 259(10) of the City Code. :. . • .. . , . i . •
-: i • . • - • - • , -. . • -., - • . -: .• -: :• • -
• - .: - - . •. • :.' - •. - - _ • . I.
* **
ARTICLE III. ESTABLISHMENT OF DISTRICTS
* **
DIVISION 8.5. I -1 LIGHT INDUSTRIAL DISTRICT
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Sec. 20 -259. Uses permitted.
City of Winter Springs
Ordinance No. 2010 -03
Page 2 of 5
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 of the "C -3 Highway 17 -92 Commercial District"
for properties with frontage along U.S. 17 -92;
(3) Adult entertainment and sexually oriented businesses;
(4) Boat building and storage yards;
(5) Cabinet makers, furniture assembly and woodworking shops;
(6) Laundry and dry cleaning;
(7) Machinery sales and storage;
(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.);
(9) Showrooms.
(10) Secondary metal recyclers, recovered materials recyclers, and similar recyclers of other non-
hazardous recyclable materials; provided, however, the site containing the recycling facility satisfies
each of the following conditions:
tal The site must have and maintain in good standing a valid certificate of registration
or license from the State of Florida, and must comply with any applicable local, state,
and federal regulations.
(b) The site must accept local individual customers who desire to recycle recyclable
materials during normal business hours and in accordance with law.
The site must be comprised of not less than ten (10) acres and not more than twenty
(20) acres.
) The site must have railroad frontage for the transport of recyclable materials.
The site shall not be located within one thousand (1000) feet of another recycling
facility.
1.0 The site shall not front any arterial or collector roadway.
(g) The site shall not directly abut a residential zoning district or any property used for
City of Winter Springs
Ordinance No. 2010 -03
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residential purposes.
This subsection (10) shall not be construed to authorize an automobile graveyard, junkyard,
solid waste management or disposal facility, landfill, waste tire processing facility or collection
center, hazardous or special waste facility, or any similar type use.
* **
Section 3. 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 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 12 day of April, 2010.
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Jr, N F. BUSH, Mayor
ATTEST: ,
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ANO NZO- LUACES
City Clerk
City of Winter Springs
Ordinance No. 2010 -03
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APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FO CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: February 22, 2010
Second Reading: April 12, 2010
Effective Date: April 12, 2010
City of Winter Springs
Ordinance No. 2010 -03
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