WORK SESSION CH. 38 (Zoning) LAND DEVELOPMENT CODE UPDATE Zoning Division March 24, 2015

Overview  Background  Amendment Categories Significant Minor Language Clarification  Next Steps

Background Background The Ch.38 (Zoning) land development code update consists of a variety of amendments that provide clarification and consistency in the code. Changes are being requested to the following sections:  Definitions  Use Table  Conditions for Uses  General Site Standards

Significant Amendments SubjectChangeJustification Special Exception Criteria Allow 2 years instead of 1 year for SE to obtain building permits 1yr is not sufficient for all types of projects. Additional time needed for financing complex projects ParkingEstablish new parking standards for auto dealerships, assisted living facilities mechanical garages Address lack of standards for clarification and consistency of implementation Farm Animals Provides more flexibility for minimal amounts of horses, ponies..etc. in Ag Consolidate conditions for simplification Limits placement of compost and holding area Ag districts were meant for farm animals, therefore a SE for minimal amounts are not consistent. Additional restrictions needed to prevent nuisances

Significant Amendments SubjectChangeJustification Village PD- Neighborhoo d Center Reduces on-site alcohol consumption distance separation from schools and religious institutions to 100 feet, instead of 1000 feet Consistent with development standards in the Village Center District code Alcohol Beverage License New establishments which apply for a license and meet package sales criteria may be issued a licensed on vacant parcel with proper documentation This addresses the lack of certainty when someone purchases a property for alcohol sales on a project that has not been constructed Alcohol Beverage License Allows use to be re- established within 6 months if valid license existed Allows for vesting of rights to continue if previous license existed. Similar to non-conforming uses.

Significant Amendments SubjectChangeJustification Car Rental Agencies Allows for limited car rental services on hotel/motel and timeshare sites, if excess space available Provides criteria to be allowed as an ancillary use if criteria is met. Limited to 10% of required parking Abandonment of Non- Conforming Uses Allows for non-conforming uses to continue if valid permits were obtained before the limit of abandonment was exceeded Clarifies that start of abandonment of non-conforming uses does not begin if projects are in the process of receiving a building permit or maintained a business license Extending or Enlarging Non- Conforming Uses Allows for such extensions and enlargements if they comply with current regulations Clarifies that extension of non- conformity may be allowed, if building, structure or use proposed is conforming with current zoning

Significant Amendments SubjectChangeJustification Compatibility of Building Heights in C- 1, C-2 & C-3 Changes height limit to 35 feet when adjacent to residential use compared to when adjacent to residential zone or land use Takes into consideration the rare situation where the existing use is non-conforming and the SFR is unprotected Compatibility of Building Heights in I- 1/I-5 & I-2/I-3 Changes height limit to 35 feet when adjacent to residential use compared to when adjacent to residential zone or land use Same as above Food TrucksLimit hours of operation, number of trucks, signage and audio/visual devices Existing standards do not address issues raised by BCC at work session regarding nuisances

Significant Amendments SubjectChangeJustification ADU’sRequire Special Exception in Neighborhood Residential District Consistent with how this use is applied in all other districts allowed Model HomesAdds limits to 5 homes and restricts placement There is currently no language regarding placement and limit on how many are allowed Wind Turbine/Solar Panels (Residential &Commercial) Introduces new standards establishing setbacks, height restriction and screening requirements There is currently no language regarding how this use is regulated as a primary and ancillary use Adult/Child Day Care Buffer requirement where adjacent to SFR. Address lack of standards. Standards associated with crash impediments to be determined

Minor Amendments SubjectJustification Auto Service StationAdding buffers adjacent to residential uses Accessory StructuresEstablish side and rear setbacks for covered carports for commercial uses Retention/Detention PondAllowing for retention ponds in R-2 Zoning as Special Exception to support non-residential project Towing w/Service StationAllowing towing at service stations as ancillary use Refuse Solid Waste AreasCreating consistent standards for trash dumpsters in Commercial Districts C-1, C-2 & C-3 and Professional Office Parking DesignCreates standards to allow parallel parking Street ClassificationsChange road classification definitions consistent with FDOT Home Based OccupationLimits use to max. area, clarifies nuisances and limits size of vehicles.

Minor Amendments SubjectJustification FencesProvides definition and requires uniformity of materials. Establishes standards for clear view triangle Temporary Portable Storage Containers Adding limits on frequency of use to create “downtime” Night WatchmanDeletes requirement for Special Exception in Industrial Zone Landscape EquipmentClarifies outdoor equipment associated with Agriculture is ok, but not with landscape business GeneratorsReduces side yard setback to 10ft. Instead of 30ft. Residential Screen RoomReduce rear yard in PD’s to 50% of yard instead of 20ft. Townhouse DrivewayDeletes driveway setback Veterinary ServiceClarifies no outdoor runs in the Professional Office Zoning

Minor Amendments SubjectJustification Communication antennaClarifies canister type antenna can be used in ROW’s Lot SplitsRequires lot splits to have at least 20ft road frontage unless less restrictive approved by PSP Corner LotEstablishing clear view triangle and visibility for adjacent lots Window TintingCreating land use code Assisted Living Facility Creating land use code

Language Clarification Language clarification includes:  Typographical  Correcting references  Clarifies administering division

Next Steps  Conduct PZC/LPA Work session – Tentatively Scheduled for May/June  PZC/LPA Public Hearing – Tentatively Scheduled for June/July  Two (2) BCC Public Hearings – July, First Public Hearing – August, Second Public Hearing 5:01

Action Requested No BCC Action necessary

WORK SESSION CH. 38 (Zoning) LAND DEVELOPMENT CODE UPDATE Zoning Division March 24, 2015