AGENDA MEMORANDUM

MEETING DATE:   December 12, 2011    

FROM:                       Bill Wiley, AICP, Community Development Director

SUBJECT:                  Ordinance  amending the Code of Ordinances Chapter 25 Zoning, Article IV. Zoning District Code, 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 November 17, 2011, the Planning held a public hearing on these amendments requested by staff, and, by a vote of 5 to 2, recommended approval of the amendments. Two of the Commission members felt that portions of the Internet/Sweepstakes Redemption Cafés proposed changes were too restrictive.

The majority of these amendments are additions and revised language to address items requested by the City Commission to amend the Land Development Code, which was adopted in 2004 with revisions in 2006, 2008, 2009 and 2010. The changes include under Sec. 25-292 Supplemental District Requirements Section (1) Adult Uses adding a reference, Section (2) Accessory and Temporary Structures restricting location of such uses as tube and canvas structures, vendor trailers and vehicles, Section (11) Recreational Vehicles by prohibiting parking in the front yard and driveway areas, and Section (21) Indoor Recreation Internet/Sweepstakes Redemption Cafés by adding additional requirements for location, operation and security restrictions (See attached Executive Summary and Ordinance).

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:    12/9/11 6:38 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 _____________________

EXECUTIVE SUMMARY

LAND DEVELOPMENT CODE AMENDMENTS

CHAPTER 25 CODE OF ORDINANCES

December 12, 2011

CHAPTER 25 ZONING

Article IV

Sec. 25-292.  Supplemental district requirements.

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

                                 a.            Added - accessory or temporary structures such as tube and canvas structures, vendor trailers and vehicles etc. shall not project or be placed into the required front yard or drive aisles, buffer areas etc.

                           d.   Added - Tube and canvas structures shall be prohibited in the front and side yards of all districts except for the industrial district where screening from the public right-of-way and adjacent residential properties shall be required.

(11) Recreational vehicles.

c.   Deleted - No owner shall allow any recreational vehicle eighteen (18)  feet or more in length to be parked on a public street longer than eight (8) hours in any twenty-four-hour period. (Covered under street parking section of City code).

        3.  Changed - Parking is permitted outside any structure in the front yard driveway for temporary periods for no more than forty-eight hours for loading and unloading purposes provided;

Sec. 25-292 Supplemental District Requirements

(21) Indoor recreation- Adult internet/sweepstakes redemption cafés. Added     new location, operation and security requirements. Such as:

         b.   shall only be allowed by Conditional Use Permit in the C-3 Highway Commercial, and M-1 Industrial zoning districts, and in the SPUD and PUD districts.

         c.   located no closer than five hundred (500) one-thousand (1000) from each other, as well as parks, schools, churches, or child day care facilities.

         j.    No adult internet/sweepstakes redemption café shall be issued to person convicted of a violation of a federal, state or local law, statute or ordinance pertaining to gambling or any other crime involving moral turpitude within seven (7) years.

         h.   Conditional use to operate may be transferred no more than one time

         l.    shall not operate more than fifty (50) pieces of electronic equipment

         o.   shall maintain the following security devices and standards:

i. a security camera system

ii.            a drop safe

vi. a silent alarm system capable of notifying law enforcement

vii. a steel bullet resistant rated entry door

p.   shall not be located in strip centers or malls

q.   Tinted windows not permitted

r.    Existing cafés must comply by February 9, 2013, except for those dealing with location.

Note:

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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING CHAPTER 25 ZONING OF THE CODE OF ORDINANCES SECTION 25-292 SUPPLEMENTAL DISTRICT REQUIREMENTS, SECTION (1)   ADULT USES,  SECTION (2)  ACCESSORY AND TEMPORARY STRUCTURES, SECTION (11) RECREATIONAL VEHICLES BY PROHIBITING PARKING IN THE FRONT YARD AND DRIVEWAY AREAS, SECTION (21) INDOOR RECREATION INTERNET/SWEEPSTAKES REDEMPTION CAFÉS BY ADDING ADDITIONAL REQUIREMENTS,  REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; 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. 25-292.  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 tube and canvas structures, vendor trailers and vehicles etc. in R-Districts 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.   For Corner lots shall be considered to have two front yards. the setback from the side street shall be the same for accessory buildings as for principal buildings.

6.   Vehicles including tractor trailers, shipping containers, manufactured housing and mobile homes, shall not be used as permanent storage buildings, utility buildings, or other such uses.

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

c.    Accessory structures in other than R-Districts shall comply with front and side yard requirements for the principal structure to which they are accessory and shall be not closer to any rear property line than ten (10) feet.

d.   Tube and canvas structures shall be prohibited in the front and side yards of all districts except for the industrial district where screening from the public right-of-way and adjacent residential properties shall be required. required to comply with accessory structure requirements with the additional following conditions: Structures located in residential zoning districts, and shall not exceed two hundred (200) square feet in size.

Section 25-292 Supplemental District Requirements

(11) Recreational vehicles. The following regulations apply to the use, parking, storage and keeping of recreational vehicles in all zoning districts.

a.   Recreational vehicles may be used for living, sleeping or housekeeping purposes only in mobile home parks and those districts permitting recreational vehicle parks, except that recreational vehicles may be used on a lot of record in a residential district in accordance with regulation of temporary manufactured homes. Development plan approval is required for any development of a recreational vehicle park.

b.  Parking of recreational vehicles is permitted only for the purpose of storing the vehicles in all districts, except as provided in subsection (1) of this section. Such vehicle shall not:

1.   Be used for the storage of goods, materials or equipment other than those items considered to be part of the vehicle essential for its immediate use.

2.   Discharge or discard any litter, effluent, sewage or other matter into any public right-of-way or upon any private property while parked and provided in this section.

3.  Be occupied or used for living, sleeping or housekeeping purposes except as permitted by code; or;

4.   Be stored on any vacant, unoccupied or unimproved lot.

c. No owner shall allow any recreational vehicle eighteen (18) feet or more in length to be parked on a public street longer than eight (8) hours in any twenty-four-hour period.

d.   In all residential districts the following additional restrictions shall also apply to the parking, storing or keeping of recreational vehicles:

1.  Parking is permitted inside any enclosed structure which complies with the dimensional requirements of the particular district.

2.    Parking is permitted outside any structure in the side or rear yard, provided the   vehicle is a minimum of two (2) feet from the lot line.

3.  Parking is permitted outside any structure in the front yard driveway for temporary periods for no more than forty-eight hours for loading and unloading purposes.provided;

i. If space is not available in the rear or side yard and no structure for storage     is available or there is no access to either the side or rear yard.

ii. The vehicle must be parked perpendicular to the front property line. No part of the vehicle may extend over a public sidewalk, bike path or street.

d.e.  All mixed use, business, office and industrial districts storage of such vehicles shall  comply with requirements for outdoor storage.

Sec. 25-292 Supplemental District Requirements

               (21) Indoor recreation- Adult internet/sweepstakes redemption cafés

a.   Only adults eighteen (18) years of age or older shall be permitted within buildings where this use is permitted.

b.   Internet/sweepstakes redemption café uses shall only be allowed by Conditional Use Permit in the C-3 Highway Commercial, and M-1 Industrial zoning districts, and in the SPUD and PUD districts

c.   Internet/sweepstakes redemption café uses shall be located no closer than five hundred (500) one-thousand (1000) feet to either the boundary of any residential zoning district, or to any other internet/sweepstakes redemption café use, or to the following uses; park, school, church, or child day care.

d.   Hours of operation shall be restricted to 7:00 a.m. through 11:00 p.m., Monday through Saturday.

e.   The sale or consumption of alcohol on the premises shall be prohibited.

f.    On site parking shall be provided at a ratio of one (1) two (2) spaces per seventy-five (75) square feet of gross leasable area or per each electronic gaming/sweepstakes equipment which ever is greater.

g.   No food shall be prepared on site, however, vending machines and prepackaged snacks shall be permitted.

h.   Internet/sweepstakes redemption café uses shall comply with Florida Statutes 849.094 Game promotion in connection with sale of consumer products or services.

i.    Permittee shall provide the City within 90 days of issuance of a permit a copy of their approval/permit for the internet/sweepstakes redemption café use from the Florida Department of Agriculture and Consumer Services or the permit will be suspended. The permittee may request a hearing at the next regularly scheduled Planning Commission meeting to request reinstatement of the permit, however the decision whether to reinstate this permit shall lie within the discretion of the Planning Commission and reinstatement shall not be a matter of right.

j.    No adult internet/sweepstakes redemption café shall be issued to an applicant if any person with an ownership interest in the business operating the internet/sweepstakes redemption café has been convicted of a violation of a federal, state or local law, statute or ordinance pertaining to gambling or any other crime involving moral turpitude within seven (7) years preceding the date of the filing of the application.

k.   Adult internet/sweepstakes redemption cafés are granted to the applicant with an ownership interest in the business operation and may not be transferred to another entity. However, existing approved internet/sweepstakes redemption cafés operating prior to May 9, 2011 may be transferred no more than one time, to another entity, upon written notification and evidence of the conveyance to the City of Leesburg Community Development Department.

l.    Permittee shall not operate more than fifty (50) pieces of electronic equipment except that Permittee operating a drawing by chance offered in connection with the sale of a consumer product or service, sweepstakes or other game promotion using electronic equipment on or before January 1, 2012 in the City of Leesburg may not operate more pieces of electronic equipment than were in operation on October 31, 2011, and any reduction following the enactment of this chapter in electronic equipment pieces by such Permittee shall become permanent. Replacing an existing piece of electronic equipment due to a defect or upgrade shall not be deemed a reduction pursuant to this section, provided that such replacement occurs within thirty (30) days of written notice to the City of Leesburg Community Development Department.

m.  No drawing by chance in connection with the sale of a consumer product or service, sweepstakes or game promotion shall:

i.  design, engage in, promote, or conduct a game wherein the winner may be predetermined or the game may be manipulated or rigged;

ii.  arbitrarily remove, disqualify, disallow, or reject any entry;

iii.  fail to award any prize offered;

iv   print, publish, or circulate literature or advertising material which is false, deceptive, or misleading; or

v.  require an entry fee, payment, or proof of purchase as a condition of entering.

n.   An operator conducting a drawing by chance in connection with the sale of a consumer product or service, sweepstakes or game promotion shall be required to:

i.    maintain a list of the names and addresses of all persons who have won prizes which have a value of more than $25 for one (1) year.

ii.   maintain a trust account or bond in an amount equal to the total announced value of the prizes offered or $50,000, whichever is larger.

o.   On premises, the Permittee shall maintain the following security devices and standards:

i.    a security camera system with inside and outside visual monitoring operating twenty-four (24) hours a day and capable of recording and retrieving an identifiable image both inside and outside the premises;

ii.   a drop safe or cash management device for restricted access to cash receipts;

iii.   a conspicuous notice at all public entrances to premises stating cash register contains limited amount of cash;

iv.  at exits to premises, height markers displaying height measures;

v.   a cash management policy limiting cash on hand;

vi. a silent alarm system capable of notifying law enforcement; and when the premises is open for business, at least one licensed, armed security guard.

vii. a steel bullet resistant rated entry door with bullet resistant security glass for viewing customers entering the premises including exterior automatic locking and interior panic push hardware.

p.   For additional security, centers shall not be located in strip centers or malls where the general public including children may be located but must be in stand along building.

q.   Tinted windows or other obstructions of the view through the glass of any internet/sweepstakes redemption café shall be prohibited for purposes of visual security of police offices.

r.    Existing approved internet/sweepstakes redemption cafés operating prior to May 9, 2011 shall comply with all provisions of this chapter by February 9, 2013, except for those dealing with location.

s.    Internet cafés without sweepstakes redemptions, video arcades, wifi cafés etc. without simulated gambling devices shall not be considered internet/sweepstakes redemption café uses. An internet/sweepstakes redemption cafés for persons under eighteen (18) years of age shall be prohibited.

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  day of , 2011.

THE CITY OF LEESBURG, FLORIDA

BY:

Mayor

Attest:

City Clerk

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