Consistent with The Land Development Code
The proposed zoning is consistent with the purpose and intent and with any other zoning establishment provisions prescribed by the proposed district in Chapter 3.
Sec. 3-2.11 Heavy Commercial and Light Industrial district (HC/LI).
(a) Purpose. The Heavy Commercial and Light Industrial (HC/LI) district establishes appropriate areas and land use regulations for a complementary mix of industrial uses with a broad range of commercial activities. The primary intent of the district is to allow light manufacturing, large-scale wholesale and retail uses, major services, and other more intense uses than allowed in the Commercial district. The variety and intensity of non-residential uses within the HC/LI district is limited by the applicable FLU and their compatibility with surrounding uses. All commercial and industrial operations are limited to the confines of buildings and not allowed to produce undesirable effects on other property. To retain adequate area for commercial and industrial activities, other uses within the district are limited.
(b) Permitted uses. Permitted uses within the HC/LI district are limited to the following:
(1) Residential. Any residential uses outside of the Industrial (I) future land use category but if within the Commercial (C) future land use category (and not the principal single-family dwelling on an existing lot of record), only as part of a predominantly commercial development; and excluding new or expanded manufactured (mobile) home parks and subdivisions. See also conditional uses in this district.
(2) Retail sales. Retail sales, including Low-THC marijuana dispensing facilities, sales of alcoholic beverages, sales of automotive fuels, and sales of new and used automobiles, motorcycles, boats, and manufactured (mobile) homes.
(3) Retail services.
a. Car washes, automatic or manual, full service or self-serve.
b. Child care facilities.
c. Hotels, motels and all other public lodging, including boarding and rooming houses.
d. Personal services, including those of beauty shops, health clubs, pet groomers, dry cleaners and tattoo parlors.
e. Professional services, including those of realtors, bankers, accountants, engineers, architects, dentists, physicians, and attorneys.
f. Rental of automobiles, trucks, utility trailers and recreational vehicles.
g. Repair services, including appliance repair, furniture refinishing and upholstery, watch and jewelry repair, small engine and motor services, and major motor vehicle and boat service and repair, but excluding outdoor work or storage.
h. Restaurants and brewpubs, including on-premises consumption of alcoholic beverages, drive-in and drive-through service, and brewpubs with the distribution of on-premises produced alcoholic beverages for off-site sales. The parcel boundary of any restaurant or brewpub with drive-in or drive-through service shall be at least 200 feet from any LDR or MDR zoning district unless separated by a 50-foot or wider street right-of-way.
i. Taxi and limousine services.
See also conditional uses in this district.
(4) Public and civic.
a. Broadcast stations with satellite dishes and antennas, including towers.
b. Cemeteries, including family cemeteries.
c. Community service facilities, including auditoriums, libraries, museums, and neighborhood centers.
d
. Educational facilities, including preschools, K-12, colleges, and vocational schools.
e. Emergency service facilities, including law enforcement, fire fighting, and medical assistance.
f. Funeral establishments.
g. Homeless shelters.
h. Hospitals.
i. Offices for government agencies or public utilities.
j. Places of worship.
k. Public utility structures, including telecommunications towers, but excluding industrial uses not otherwise permitted.
See also conditional uses in this district.
(Ord. No. 2015-24, § 1, 7-7-15)
(5) Recreation and entertainment.
a. Commercial entertainment facilities, indoor or outdoor, including movie theatres, amusement parks, and stadiums, but excluding motorsports facilities. Carnival-type amusements shall be at least 500 feet from any residential district. Bars, nightclubs, and adult entertainment are prohibited in areas with the zoning designation HC/LI-NA or areas zoned ID-CP or ID-1 prior to adoption of HC/LI zoning.
b. Commercial recreation facilities, passive or active, including those for walking, hiking, bicycling, camping, recreational vehicles, swimming, skateboarding, bowling, court games, field sports, and golf, but excluding off-highway vehicle uses and outdoor shooting ranges. Campgrounds and recreational vehicle parks require a minimum lot area of five acres.
c. Marinas, private and commercial.
d. Parks, with or without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
(6) Industrial and related. The following industrial and related uses, except within MU-S.
a. Light industrial uses, including research and development, printing and binding, distribution and wholesale warehousing, and manufacturing, all completely within the confines of buildings and without adverse off-site impacts.
b. Marinas, industrial.
c. Microbreweries, microdistilleries, and microwineries, except in areas with the zoning designation HC/LI-NA.
See also conditional uses in this district.
(7) Agricultural and related.
a. Food produced primarily for personal consumption by the producer, but no farm animals.
b. Nurseries and garden centers, including adjoining outdoor storage or display of plants.
c. Veterinary clinics, excluding outside kennels.
See also conditional uses in this district.
(8) Other uses. Within MU-S, outside storage is permitted only when adequately screened per LDC regulations.
a. Billboards structures, excluding areas zoned ID-CP, GBD, or GID prior to adoption of HC/LI zoning.
b. Building or construction trades shops and warehouses, including on-site outside storage.
c. Bus leasing and rental facilities, not allowed within MU-S.
d. Deposit boxes for donation of used items when placed as an accessory structure on the site of a charitable organization.
e. Outdoor adjacent display of plants by garden shops and nurseries.
f. Outdoor sales.
g. Outdoor storage of trailered boats and operable recreational vehicles, excluding repair, overhaul or salvage activities.
h. Parking garages and lots, commercial, not allowed within MU-S.
i. Sales and outdoor display of prefabricated storage sheds.
j. Self-storage facilities, including vehicle rental as an accessory use.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the BOA, or the BCC as noted, may conditionally allow the following uses within the HC/LI district:
(1) Residential. Caretaker residences not among the permitted uses of the district and for permitted non-residential uses.
(2) Retail services. Restaurants not among the permitted uses of the district.
(3) Public and civic. Cinerators.
(4) Recreation and entertainment.
a. Motorsports facilities on lots 20 acres or larger.
b. Off-highway vehicle commercial recreation facilities on lots 20 acres or larger.
c. Shooting ranges, outdoor.
(5) Industrial and related. The following industrial and related uses, except within MU-S:
a. Asphalt and concrete batch plants if within the Industrial (I) future land use category and within areas zoned GID prior to adoption of HC/LI zoning.
b. Borrow pits and reclamation activities 20 acres minimum and (subject to local permit and development review requirements per Escambia County Code of Ordinances, Part I, Chapter 42, article VIII, and land use regulations in Part III, the Land Development Code, chapter 4.) *Borrow pits are prohibited on land zoned GBD, GID, and WMU prior to the adoption of the HC/LI zoning.
c. Salvage yards not otherwise requiring approval as solid waste processing facilities.
d. Solid waste processing facilities, including solid waste collection points, solid waste transfer facilities, materials recovery facilities, recovered materials processing facilities, recycling facilities and operations, resource recovery facilities and operations, and volume reduction plants.
The conditional use determination for any of these solid waste facilities shall be made by the BCC in lieu of any hearing before the BOA. The applicant shall submit a site boundary survey, development plan, description of anticipated operations, and evidence that establishes each of the following conditions in addition to those prescribed in Chapter 2:
1. Trucks have access to and from the site from adequately wide collector or arterial streets and do not use local residential streets.
2. The scale, intensity, and operation of the use will not generate unreasonable noise, traffic, objectionable odors, dust, or other potential nuisances or hazards to contiguous properties.
3. The processing of materials will be completely within enclosed buildings unless otherwise approved by the BCC.
4. The plan includes appropriate practices to protect adjacent land and resources, minimize erosion, and treat stormwater; landscaping and buffering for adjacent uses; hours of operation; methods to comply with maximum permissible noise levels; means of access control to prevent illegal dumping; and plans for materials storage. (6) Agricultural and related. Kennels or animal shelters not interior to veterinary clinics.
(7) Other uses.
a. Structures of permitted uses exceeding the district structure height limit.
b. Heliports.
(e) Location criteria. All new non-residential uses proposed within the HC/LI district that are not part of a planned unit development or not identified as exempt by district regulations shall be on parcels that satisfy at least one of the following location criteria:
(1) Parcel previously zoned GBD within the MU-S FLU along Hwy 29 or SR 95A. Parcels previously zoned GBD and within the MU-S future land use category which are located along and directly fronting U.S. Highway 29 or State Road 95A
(2) Proximity to intersection. Along an arterial street and within one-quarter mile of its intersection with an arterial street.
(3) Site design. Along an arterial street, no more than one-half mile from its intersection with an arterial street, and all of the following site design conditions:
a. Not abutting a RR, LDR or MDR zoning district
b. Any intrusion into a recorded residential subdivision is limited to a corner lot
c. A system of service roads or shared access is provided to the maximum extent feasible given the lot area, lot shape, ownership patterns, and site and street characteristics.
d. Adverse impacts to any adjoining residential uses are minimized by placing the more intensive elements of the use, such as solid waste dumpsters and truck loading/unloading areas, furthest from
the residential uses.
e. Location in an area where already established non-residential uses are otherwise consistent with the HC/LI, and where the new use would constitute infill development of similar intensity as the conforming development on surrounding parcels. Additionally, the location would promote compact development and not contribute to or promote strip commercial development.
Sec. 3-2.12 Industrial district (Ind).
(a) Purpose. The Industrial (Ind) district establishes appropriate areas and land use regulations for a broad range of industrial uses. The primary intent of the district is to accommodate general assembly, outdoor storage, warehousing and distribution, major repair and services, manufacturing, salvage and other such uses and activities that contribute to a diverse economic base but cannot satisfy the compatibility requirements and higher performance standards of other districts. The Industrial district is also intended to provide appropriate locations and standards that minimize dangers to populations and the environment from heavy industrial activities, and to preserve industrial lands for the continuation and expansion of industrial production. Non-industrial uses within the district are limited to ensure the preservation of adequate areas for industrial activities. New or expanded residential development is generally prohibited.
(b) Permitted uses. Permitted uses within the Industrial district are limited to the following:
(1) Residential. No new residential uses, including accessory dwelling units, except caretaker residences for permitted non-residential uses. Caretaker and vested single-family dwellings include manufactured (mobile) homes.
(2) Retail sales. No retail sales except as permitted industrial and related uses.
(3) Retail services. No retail services except as permitted industrial and related uses.
(4) Public and civic.
a. Cinerators, including direct disposition.
b. Emergency service facilities, including law enforcement, firefighting, and medical assistance.
c. Public utility structures, including telecommunications towers.
(5) Recreation and entertainment. No recreation or entertainment uses.
(6) Industrial and related.
a. Bulk storage.
b. Industrial uses, light and heavy, including research and development, printing and binding, distribution and wholesale warehousing, processing of raw materials, manufacturing of finished and semi-finished products, salvage yards, solid waste transfer and processing facilities, materials recovery and recovered materials processing facilities, landfills, concrete and asphalt batch plants, power plants, and mineral extraction. c. Solid waste collection points.
(7) Agricultural and related. No agricultural or related uses except as permitted industrial and related uses.
(8) Other uses. [reserved]
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the BOA or BCC as noted, may conditionally allow the following uses within the Industrial district.
(1) The BOA may conditionally allow the following uses:
a. A permitted use of the industrial district to exceed the district structure height limit.
b. Borrow pits and reclamation activities 20 acres minimum (subject to local permit and development review requirements per Escambia County Code of Ordinances, Part I, Chapter 42, article VIII, and land use regulations in Part III, the Land Development Code, chapter 4.)
(2) The BCC may conditionally allow solid waste processing facilities, including solid waste collection points, solid waste transfer facilities, materials recovery facilities, recovered materials processing facilities, recycling facilities and operations, resource recovery facilities and operations, and volume reduction plants.
For any of these solid waste facilities the applicant shall submit, to the Planning Official or his designee, a site boundary survey, development plan, description of anticipated operations, and evidence that establishes each of the following conditions in addition to those prescribed in Chapter 2 to the Planning department:
a. Trucks have access to and from the site from adequately wide collector or arterial streets and do not use local residential streets.
b. The scale, intensity, and operation of the use will not generate unreasonable noise, traffic, objectionable odors, dust, or other potential nuisances or hazards to contiguous properties.
c. The processing of materials will be completely within enclosed buildings unless otherwise approved by the BCC.
d. The plan includes appropriate practices to protect adjacent land and resources, minimize erosion, and treat stormwater; landscaping and buffering for adjacent uses; hours of operation; methods to comply with maximum permissible noise levels; means of access control to prevent illegal dumping; and plans for materials storage.
(d) Site and building requirements. The following site and building requirements apply to uses within the Industrial district:
(1) Density. Dwelling unit density limited to vested residential development.
(2) Floor area ratio. A maximum floor area ratio of 1.0 for all uses.
(3) Structure height. A maximum structure height of 150 feet above highest adjacent grade.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. A minimum width of 100 feet at the street right-of-way for all new lots.
(6) Lot coverage. Minimum pervious lot coverage of 15 percent (85 percent maximum semi-impervious and impervious cover) for all uses. A maximum of 75 percent of lot area occupied by principal and accessory buildings.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty-five feet in both front and rear.
b. Sides. On each side of a single-family detached dwelling on an existing lot of record, 10 feet or 10 percent of the lot width at the street right-of-way, whichever is less, but at least five feet. For all other structures, 15 feet on each side.
(8) Other requirements.
a. Access. For any industrial use south of Well Line Road, site access shall be provided by curb cuts on an arterial or collector street. Alternatively, a private or public street may link the site to an arterial or collector, provided that the private or public street does not traverse a residential subdivision or predominantly residential neighborhood between the site and the arterial or collector street.
b. Chapters 4 and 5. Refer to chapters 4 and 5 for additional development regulations and standards.
(e) Location criteria. All new industrial uses proposed within the Industrial district that are not part of a planned unit development shall be on parcels that satisfy all of the following location criteria:
(1) Located so that the negative impacts of the uses on the functions of natural systems are avoided if possible, and minimized when unavoidable.
(2) Accessible to essential public facilities and services at the levels of service adopted in the Comprehensive Plan.
(3) Located on parcels of land large enough to adequately support the type of industrial development proposed and minimize any adverse impacts upon surrounding properties through effective buffering so that the proposed use is compatible with surrounding uses.
(f) Rezoning to Ind. Industrial zoning may be established only within the Industrial (I) future land use category. The district is appropriate where conflicts with other uses can be minimized through orderly zoning transitions and effective buffering, and where sufficient access to transportation and other public facilities is available. Rezoning to Industrial is subject to the same location criteria as any new industrial use proposed within the Industrial district. (Ord. No. 2016-15, § 1, 2-18-16; Ord. No. 2019-18, §, 3, 4-4-19)
FINDINGS
The proposed amendment is consistent with the intent and purpose of the Land Development Code. The rezoning would allow for the expansion of Gulf Power, Crist Plant that is adjacent to the surrounding area. All the permitted uses of the proposed zoning would be supported by the already existing Industrial activities surrounding the subject properties. |