§ 58-78. Limited industrial and warehouse (I-1) district.

(a)

Purpose and intent.

(1)

The city, although primarily a residential community, has certain areas which are undesirable for residential development. Therefore, this limited industrial and warehouse district is established to permit light industrial-type uses which will not, in any way, detract from the residential desirability of the city and the surrounding area. This district may not be utilized or located within the central business district or the Hannibal Square Neighborhood Commercial District.

(2)

The district's regulations impose restrictions on the type of industrial activities permitted, limitations and controls on the emission of fumes, odors, and noise, and provisions with regard to height and size of buildings, maximum site coverage, and landscaping. This is done in order to protect and foster the residential desirability of the city and at the same time to permit location of industries which will tend to improve the city's economic base close to a labor supply.

(b)

Permitted uses. All uses of land located within this district must not be obnoxious by reason of sound, fumes, repulsive odors and the like whether the same constitutes an actual nuisance or not, and the uses shall not, in any way, detract from the desirability of the city as a residential community. Permitted uses include:

(1)

Warehouses and wholesale distribution of goods, wares, merchandise, articles, or substances, except those which are combustible, inflammable, explosive or likely to create fire, radiation, or explosive hazards to surrounding property;

(2)

Administrative or executive offices of a business or industrial establishment;

(3)

Engineering offices;

(4)

Assembly of electronic instruments or devices, precision instruments and similar industries;

(5)

Blueprinting, photocopying or printing office;

(6)

Light and clean manufacturing operations which meet all the requirements of this article and are operated only within completely enclosed building;

(7)

Research offices and laboratories;

(8)

Storage building or yard which is incidental to a permitted use. Goods and equipment should be stored in fully-enclosed buildings, but if for the conduct of business they must be stored in a yard, then the yard must be fully screened from public view by a densely planted hedge, wall or fence measuring a minimum of six feet in height;

(9)

Adult entertainment establishments if otherwise complying with the applicable Winter Park or Orange County adult entertainment code;

(10)

All accessory uses which are customarily incidental to such industrial uses;

(11)

Churches, nonprofit organizations' halls/lodges and schools (see parking requirements for limitations);

(12)

Any use permitted in the C-3 district, except those including residential uses;

(13)

Pain management clinics.

(c)

Conditional uses. The following uses may also be permitted as conditional uses following review by the planning and zoning commission and approval by the city commission in accordance with the provisions of this article. See section 58-90, conditional uses.

(1)

Lumberyard, building material storage yard or contractor's storage yard;

(2)

Public utility facility such as storage yard, substation, and the like;

(3)

Welding shop, automobile body shop, or metal-working shop;

(4)

Drive-in components of any business;

(5)

Buildings over 10,000 square feet or any addition over 500 square feet to an existing building over 10,000 square feet or additions over 500 square feet to existing buildings that result in a building over 10,000 square feet in size.

(6)

Any conditional use allowed in the C-3 district, except those including residential uses.

(d)

Development standards.

(1)

Any building constructed within this district shall adhere to the following minimum or required setbacks for front, rear and side yards. The front setback shall be a minimum of 15 feet from the property line. Side yard setbacks shall be a minimum of five feet from each property line. The rear setback shall be a minimum of 30 feet from the property line. For any required front setback, the distance may be increased upon the determination by the public works director and police chief that a traffic sight distance safety problem may exist to the extent necessary to remedy the problem. The rear setback shall be waived for any lot having a railroad right-of-way as its rear lot line. Whenever a parcel zoned in this district abuts a residentially-zoned parcel, there shall be a minimum setback of 30 feet from each property line adjacent to the residentially-zoned property. If a loading and unloading area is to be in front of the building, the front setback shall be increased to 35 feet.

(2)

If a person constructing a building within this district desires to combine the minimum side yard setbacks and provide them on only one side of the lot, a site plan showing the locations of the proposed building as well as the location of existing adjacent building must be submitted to the planning and zoning commission for approval prior to the issuance to a building permit to ensure sufficient compatibility with adjacent properties. This reduction to the required side setback, however, shall not be permitted if adjacent to a residentially-zoned parcel.

(3)

The maximum floor area ratio and building lot coverage shall be 45 percent. The floor area ratio shall include the floor area of any attached or detached above-grade private parking garage. The 45 percent floor area ratio and building lot coverage may be increased by an additional five percent if the parking for the increased five percent floor area ratio is located entirely underground beneath the building's footprint or if the building's upper floor(s) are cantilevered over such parking or if it is for a hotel building. However, if a building is utilized only for warehouse or storage uses and less than ten percent of the floor area is utilized as office or administrative space, then the floor area ratio may be 100 percent and the maximum building lot coverage shall be 85 percent.

(4)

This district does not permit any residential building or residential units as a component of any building.

(5)

The maximum floor area ratios outlined above are not an entitlement and are not achievable in all situations. Many factors may limit the achievable floor area ratio, including limitations imposed by the maximum height map, concurrency management/level of service standards, physical limitations imposed by property dimensions and natural features as well as compliance with applicable code requirements such as, but not limited to, parking and internal circulation, setbacks, landscaping requirements, impervious lot coverage, design standards and on-site and off-site improvements and design amenities required to achieve land use compatibility. Land located across a street and/or separated from the building site shall not be included in the floor area ratio calculations.

(6)

Building heights shall not exceed the height limits imposed by the maximum height map. For those properties within the geographic areas shown with a two-story maximum, the maximum building height shall be 30 feet; for those properties shown with a three-story maximum height, the maximum building height shall be 42.5 feet; for those properties shown with a four-story maximum height, the maximum building height shall be 55 feet; for those properties shown with a five-story maximum height, the maximum building height shall be 65 feet and for the properties shown permitting up to eight stories, the maximum height shall be 95 feet. Unless specifically approved by the city commission, based on a finding that the building is compatible with adjacent properties, properties with buildings developed with less than the maximum building stories shall nonetheless conform to the maximum height map for the applicable stories. For example, if a two-story building is developed within an area permitting a four-story building, the two-story building shall conform to the 30-foot height limit. Parking garage levels shall be counted as stories for each level except for any basement level or the open roof level.

(7)

Parapet walls, or mansard roofs functioning as parapet walls, may be added to the permitted building height but in no case shall extend more than five feet above the height limits in this subsection. Mechanical penthouses, mechanical and air-conditioning equipment, elevator/stair towers and related nonoccupied structures may be permitted to extend up to ten feet above the height limits in this subsection. Architectural appendages, embellishments and other architectural features may be permitted to exceed the roof heights specified in this section, on a limited basis encompassing no more than 30 percent of the building roof length and area, up to eight feet of additional height upon approval of the city commission, based on a finding that said features are compatible with adjacent properties.

(8)

For properties not designated on the maximum height map, the maximum height shall not exceed 55 feet when located adjacent to four-lane roadways and no greater than 42.5 feet when located adjacent to two-lane roadways. For corner properties adjacent to both four-lane and two-lane roadways the greater height may apply.

(9)

Terracing and articulation requiring additional setbacks are required to create relief to the overall massing of the building facades as are appropriate for the building's architectural style. Such design features of building facade articulation are required at least every 60 feet along the facade of the primary building facades facing streets or the building frontage onto its primary parking lot area. For any building over two stories in height, a significant portion of the top floor shall be terraced and stepped back from the exterior face of the next lower floor by an average of at least five feet. Parking structures are exempt from this terracing requirement.

(10)

Whenever the rear or side property lines within this district share a common property line with parcels zoned residential, either a solid wall or fence, shall be provided along the entire common line. The wall or fence shall be six feet in height; except that such wall or fence shall be only three feet in height from the front setback line of the adjoining parcel to the front property line of the adjoining parcel.

(11)

The maximum impervious coverage shall be 85 percent of any property.

(12)

Any above-grade parking garages or decks constructed within this district must be at least 100 feet away from any single-family or low-density residential property.

(13)

Other code sections related to development that should be referenced include, but are not limited to, off-street parking regulations, maximum height map, general provisions, definitions, sign regulations (article IV), environmental protection (article V) (this section includes division 1, stormwater; division 6, tree preservation; division 8, landscape regulations; division 9, irrigation regulations; and division 10, exterior lighting), subdivision regulations (article VI), historic preservation (article VIII) and concurrency management regulations (article II).

(e)

Minimum building site. There shall be no minimum building site area, but a parcel must have a minimum frontage on a publicly dedicated right-of-way of 50 feet.

(f)

Other requirements. The code enforcement director of the city is empowered to investigate any uses or businesses within this district to determine if they are in conformity with the requirements of this article of not being obnoxious by reason of sound, fumes, heat, repulsive odors and the like, and to require those found not in conformity to rectify this situation immediately to the satisfaction of the city.

(Ord. No. 2646-05, § 7, 9-12-05; Ord. No. 2796-10, § 1(Exh. A), 2-22-10; Ord. No. 2849-11, § 9, 9-12-11; Ord. No. 2874-12, § 3, 4-23-12; Ord. No. 2875-12, § 4, 6-11-12; Ord. No. 2981-14 , § 3, 10-27-14; Ord. No. 3081-17 , § 3, 8-14-17)