AGENDA MEMORANDUM

 

 

MEETING DATE: April 11, 2011

 

FROM: Bill Wiley, AICP, Community Development Director

 

SUBJECT: Amending the Code of Ordinances, Chapter 25 Zoning, Article IV. Zoning District Code, Sections 25-290 Temporary uses and 25-292 Supplemental district requirements.

 

Staff Recommendation:

The Planning staff and Planning Commission recommend approval of the referenced amendments to the Code of Ordinances Chapters Chapter 25 Land Development Code.

 

Analysis:

On March 17, 2011, the Planning Commission held a public hearing on these amendments requested by staff, and, by a vote of 5 to 0, recommended approval of the amendments.

 

The majority of these amendments are house keeping items necessary to correct omissions, revise language, and clarify or simplify the Land Development Code, which was adopted in 2004 with revisions in 2006, 2008, 2009 and 2010. The more substantive changes include under Sec. 25-290 Temporary Uses the restriction of temporary uses that are not of a seasonal nature and mobile food vendors. In addition, under Sec. 25-292 Supplemental District Requirements accessory and temporary structures have been expanded to include limitations on there placement in required front yards. These changes should illuminate the issues regarding the regulation of temporary mobile vendors food and merchandise (carpet, paintings, tools etc.) vendors.

 

Options:

1. Approve the recommended amendments to the Code of Ordinances Chapter 25 Land Development Code.

2. Other such action as the Commission may deem appropriate.

 

Fiscal Impact:

There should be no fiscal impact to the City with these proposed changes.

 

 

Submission Date and Time: 6/10/11 12:42 PM____

Department: Community Development

Prepared by: Bill Wiley, AICP

Attachments: Yes__X_ No ______

Advertised: ____Not Required ______

Dates: __________________________

Attorney Review : Yes_X_ No ____

_________________________________

Revised 6/10/04

 

Reviewed by: Dept. Head __BW_____

 

Finance Dept. __________________

Deputy C.M. ___________________

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. ____

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING CHAPTER 25 ZONING OF THE CODE OF ORDINANCES SECTIONS 25-290 TEMPORARY USES; 25-292 SUPPLEMENTAL DISTRICT REQUIREMENTS: PROVIDING A SAVINGS CLAUSE; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION I.

 

The following sections of the Code of Ordinances of the City of Leesburg, Florida Chapter 25 are hereby amended as followed:

 

CHAPTER 25 ZONING CODE

 

Sec. 25-290.  Temporary uses.

The following uses are permitted within the city on a temporary basis as provided below. Each temporary uses shall obtain a permit from the planning and zoning manager or his designee.

(1) Car washes held by unlicensed non-profit organization.  Unlicensed non-profit organizations, including charitable organizations, churches, youth groups, etc., must secure from the city a permit prior to holding a car wash, whether for free, contribution or pay. A permit may not be secured by any group more often than once every ninety (90) days. The duration period of each permit shall not exceed two (2) consecutive days. 

(2) Commercial vehicles. No commercial vehicles exceeding one-ton rated capacity may be used for storage for more than thirty (30) days in any twelve-month period in any nonresidential district.

(3) Seasonal temporary uses.  Not in conjunction with an approved Special Event Permit under Chapter 26 SPECIAL EVENTS. 

a.  The following uses are identified as temporary uses:

1.   Fireworks sales.

2.   Christmas tree sales.

3.   Flower sales.

4.   Product sales promotion for existing businesses (only on developed property of the business).

5. Fair or carnival.

6. Recreational vehicles in conjunction with an approved non-profit temporary activity

7.  Other seasonal uses similar and temporary in nature.

b.   Seasonal temporary uses are permitted as follows:

1.   Use shall not be permitted for more than sixty (60) days within any one (1) calendar year except for construction trailers that are allowed until a project is completed.

2.   Use shall not obstruct a right-of-way, sidewalk, or required vehicular parking area.

3.   One (1) free-standing sign not exceeding thirty-two (32) square feet is permitted.

4.   Off-street parking spaces shall be provided in accordance with section 25-357.

5. Shall not be located within the required front setback area.

6. Shall be allowed on developed or vacant property.

(4) Other temporary uses.  That are not of a seasonal nature shall not be permitted unless approved by the City Commission as part of a city Special Event Permit. 

(5) Mobile food vendors are permitted as follows:

a. For product sales promotions with existing businesses that have a food City Business Tax Receipt and are actively engaged in retail sales (only on developed property of the business).

b. As part of a product sales promotion where the food is given away free

c. As an approved charitable event with a 501(c)(3) designation.

d. Shall not be permitted for more than sixty (60) days within any one (1) calendar year for no more than ten consecutive days with a minimum of a thirty day separation.

(6) Temporary uses that are not of a seasonal nature may be permitted as follows:

a. As an extension of premises of an existing business in accordance with Chapter 5 Alcoholic Beverages Sec. 5-6.1. of the City of Leesburg Code of Ordinances.

b. As part of a City approved activity at a public mall such as the Lake Square Mall, schools, college campus, hospital such as the Leesburg Regional Medical Center and in the Central Business District.

(47) Recreational vehicles.  Recreational vehicles may be stored temporarily in all districts. Such recreational vehicles shall not serve as a place of residence (See Sec. 25-292 Supplemental district requirements - (11) Recreational vehicles). 

(58)   Yard, garage, carport, rummage or charity sale.  A yard, garage, carport, rummage or charity sale shall have a duration period not to exceed three (3) days, composed of Thursday, Friday and Saturday, which may run for two (2) consecutive weeks on the above specified days. A permit must be secured for this activity stating the duration of time. A period of ninety (90) days must lapse after the expiration date appearing on the permit, before the property owner/occupant receives a permit for an additional yard, garage, and carport rummage or charity sale. Merchandise display after expiration date on permit is prohibited. The permit shall be prominently displayed at the sale. 

(9) Nothing in this section shall prohibit or conflict with provisions of Chapter 26 SPECIAL EVENTS.

(Ord. No. 04-27, V(4.20), 5-10-04)

 

Sec. 25-292.  Supplemental district requirements.

The following supplemental requirements shall apply to all uses with in this chapter. These standards and criteria are deemed necessary to provide for the health, safety, morals and general welfare of the citizens of Leesburg.

(1)   Adult uses.  The following provisions apply to adult uses: 

a.   No adult use shall be located within any zoning district other than M-1.

b.   No adult use shall be allowed in the M-1 zoning district without a conditional use permit.

c.   No adult use shall be located closer than one thousand five hundred (1,500) feet to either the boundary of any residential zoning district or to any other adult use or the following uses; public park, playground, school, church, child day care center and hospital.

d.   No portion of this chapter shall be construed as allowing, in any way what so ever, any acts prohibited by F.S. Chapter 847 or Chapter 5 ALCOHOLIC BEVERAGES of the City of Leesburg Code of Ordinances.

(2)   Accessory and temporary structures: minimum yard regulations.   

a.   Except as provided in this section, no unattached accessory or temporary structure such as vendor trailers, vehicles etc. shall not project or be placed into the required front yard(s) (in front of the principal structure) or encroach into easements, parking areas, drive aisles, buffer areas or other required site plan areas except as permitted in Sec. 25-292 (18). Cabanas, outdoor shelters, sheds, work shops and other enclosed and temporary structures may be constructed in a required rear yard. Accessory structures, which are not attached to a principal structure, may be erected in accordance with the following requirements:

1.   An accessory building not exceeding twelve (12) feet in height may occupy not more than thirty (30) percent of a required rear yard.

2.   An accessory building exceeding twelve (12) feet in height may be permitted where an additional two (2) feet of setback is provided for every additional foot of height above twelve (12) feet to a maximum of the height of the principal structure or the height allowed in the district where located, whichever is less.

3.   No accessory structure shall be located within five (5) feet of side or rear property lines.

4.   No accessory structure shall be located closer to the street than the front yard setback required for a principal structure in the district in which such accessory structure may be located.

5. Corner lots shall be considered to have two front yards. 6.   Vehicles including tractor trailers, shipping containers, manufactured housing and mobile homes, shall not be used as storage buildings, utility buildings, or other such uses.

b.   When an accessory structure is within attached to the principal building, it shall comply in all respects with the yard requirements applicable to the principal building.

c.    Tube and canvas structures shall be required to comply with accessory structure requirements and shall not exceed two hundred (200) square feet in size.

 

SECTION II.

 

If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION III.

 

All ordinances or parts of ordinances which are in conflict with this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION IV.

 

This ordinance shall become effective upon its passage and adoption according to law.

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the 27th day of June, 2011.

 

 

THE CITY OF LEESBURG, FLORIDA

 

 

BY:

Mayor

 

 

Attest:

City Clerk