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Agenda 06/23/2009 Item #16A12 Agenda Item No. 16A 12 June 23, 2009 Page 1 of 19 EXECUTIVE SUMMARY Notification of intent to approve a land use as a comparable and compatible use in the C-5 zoning district specifically to allow a use classified under the Standard Industrial Classification (SIC) Code 3842 or portions thereof in the Heavy Commercial, C-5 Commercial Zoning District. OBJECTIVE: To provide, as a courtesy to the Board of County Commissioners (Board), a notice of staff's intent to approve the location of a comparable and compatible land use in the Heavy Commercial (C-5) zoning district, that is presently only allowed by right in the Industrial (I) zoning district. This item has been placed on the consent agenda. Should the Board wish to discuss this item, staff requests the Board remove it from consent and place it on the regular agenda for discussion. CONSIDERATIONS: Structure Medical Inc. requested confirmation through the Zoning Letter verification process that the business they conduct at their facility located at 2975 S. Horseshoe Drive, would be a permitted use on property located at 4720 Radio Road (Heavy Commercial, C- 5 zoning district) that they presently have under contract for purchase. The business proposes to relocate and expand its facility. Structure Medical Inc. operates an advanced, highly specialized manufacturing facility that produces medical materials consisting of small titanium screws and titanium plates which are used to treat injuries to hands, elbows, shoulders and feet. The machinery used in this process is computer controlled and enclosed in a temperature controlled .- environment and production of these items results in very little waste. The raw materials are predominantly delivered by Federal Express ground services. Initial staff analysis determined that the use is classified within Industry Group Number 384 (Surgical, Medical, and Dental Instruments and Supplies) classified under Industry Number 3842 Orthopedic, Prosthetic, and Surgical Appliances and Supplies (see attached exhibit). This use is presently only permissible in the Industrial (1) zoning district. According to the applicant, the facility they wish to purchase most closely matches their operational needs. That facility is located at 4720 Radio Road and is currently vacant (was a former granite distributorship). Staff has no concern that the staff determination of the use classification of this use is incorrect; the use is clearly classified appropriately by staff and permitted only in the Industrial zoning district. However, upon review of the use and similar uses and circumstances, including a site visit to the current business operation, the Zoning Director has noted that the C-5 zoning district allows uses, in her professional opinion, which are more intense than the Structure Medical use. Furthermore, the Zoning Director has determined from this further analysis that the Structure Medical use would be comparable and compatible to other uses permitted by right in the C-5 zoning district as provided for in provision 2.03.03.E.1.a.183. of the Land Development Code. The applicant has the option to appeal the decision in the Zoning Letter to the Board of Zoning Appeals. When issues such as these arise it is incumbent upon staff to examine the Zoning Code to ensure that the regulations are consistent with the current business practices and operations. Given the highly specialized nature of this specific business and the impacts associated therewith, staff's initial reaction is that it would be reasonable to consider some uses classified ,- Agenda Item No. 16A 12 June 23, 2009 Page 2 of 19 under SIC 3842 appropriate in the C-5 zoning district. Given the need to have this specific issue addressed in a timely manner and in exercising the authority granted to the Zoning Director under the applicable sections ofthe Land Development Code, the Director has opted to notify the Board, as a courtesy, of her intent to approve the use in the C-5 zoning district as a comparable and compatible use in the district. FISCAL IMPACT: This executive swnmary is prepared for discussion purposes, if discussion is desired by the Board. The applicant has paid the $100 Zoning Verification letter fee. Staff and the applicant have agreed to prepare this report and the applicant has agreed that staffs time will be compensated at an hourly rate pursuant to the extended research rate for a Zoning letter at $1001hr to prepare this executive summary and notify the Board. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact. LEGAL CONSIDERATIONS: The Zoning Director has the authority under Sections 1.06.01 and 2.03.03.E.1.a.183. of the Land Development Code to approve uses in the C-5 zoning district that are other commercial uses or professional services which are comparable in nature with the listed pennitted uses. This item is quasi-judicial and public disclosures are required. A majority vote is necessary for any Board action.--HFAC _ RECOMMENDATION: The Zoning Director has the authority under Sections 1.06.01 and 2.03.03.E.1.a.183. of the Land Development Code to approve uses in the C-5 zoning district that are permissible in other zoning districts if she determines the proposed uses are comparable in nature and compatible with the list of permitted uses in the C-5 zoning district. This notice is provided as a first-time courtesy to the Board. Should the Board wish to discuss this item, staff requests the Board remove it from the consent agenda and place it on the regular agenda. PREPARED BY: Susan M. lstenes, AICP, Director, Zoning and Land Development Review ,- Page 1 of 1 Agenda Item No. 16A 12 June 23,2009 Page 3 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A12 Notification of intent to approve a land use as a comparable and compatible use in the C-5 zoning district, pursuant to a pending Land Development Code amendment. allowing Standard Industrial Classification (SIC) Code 3842 or portions thereof in the Heavy Commercial, C-5 Commercial Zoning District. Meeting Date: 6/23/2009 90000 AM Prepared By Susan Istenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 6111/20092:59:17 PM Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Judy Puig 6/11/20093:10 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 6/11/20094:10 PM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 6112/2009 11 :08 AM Approved By Heidi F. Ashton County Attorney Assistant County Attorney County Attorney Office Date 6112/2009 11 :36 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 6/12/2009 12:03 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 6/12/2009 12:33 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 6/12/20098:35 PM file:IIC:\AgendaTest\Export\132-June%2023,%202009\16.%20CONSENT%20AGENDA \ 1... 6/17/2009 ~- Agenda Item No. 16A 12 June 23. 2009 __~~!)!> ~O_R]"I:U::tQRSESHOEmwEgf1 ~ ZL TR-2009-AR-14394 4720 RADIO RD PROJECT: 19993693 DA TE: 4/10'09 DUE: 4124'09 NANCY GUNDLACH COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET ZONING VERIFICATION LETTER APPLlCA TION Please provide all of the information requested. See below for submittal requirements. Please allow 15 business day's for completion. APPLICANT INFORMATION Applicant's Name Firm Address Phone Fax 1-FIV 2A.1 SE7<- I I V .sTRUGTUf<..E'" /-1bDt CA L 2- q -,5"" S, J-l 0 RS t S H CJ fE 2-"3 q - 2- (; L- S- S- S; / 2-39- 21:.2-- S-S- 2-9 SITE INFORMATION I:I-.JC. I DIZtV~ tr4DD A..J^P~S Address Folio Number Property Owners Name S R. :r: I i-J ~,. M E"")...J ", L. L... L Verification being requested (Please state spedfically the questions you would like answered, in the space below or on a separate attachment. The Zoning Verification Letter will respond only to those questions): Lf,2-0 Nk p~~ R,AD) 0 ROAD I Please attach surveyor any other information which f}1ay be relevant to your request. SUBMITTAL REQUIREMENTS · Fee in the amount of $100 payable to the Board of County Commissioners. (NOTE: Verification requiring research of documents not provided with the request will entail an additional research fee of $100 per hour) · (1) Additional copy of application and aU attachments · The application can be delivered to the Department of Zoning & Land Development or mailed to: Danelle Carrel, Intake Pia er, Zoning Department, 2800 North Horseshoe Drive, Naples, Florida 34104. ~ Applicant Signature Date 4-J-oCZ Please be advised that the zoning letter is based upon the available records fumished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this deoartment assumes no resDonsibilitv for the cost of correctino any unreDorted conditions. Phone (239) 252-2400 c (~; - - c .., n u H t " Fax (239) 643-6968 www.colliergov.net Agenda Item No. 16A 12 June 23,2009 Page 5 of 19 STRUCTURE MEDICAL, I HC. ..------------ April 7, 2009 - -~-- -- ZL TR_2009-AR-14394 4720 RAOT'~1:~3693 PROJEC . QUE: 4124109 DATE: 4110109 H NANC'l GUNOLAC To whom it may concern, On Tuesday, April 07,2009, we had a telephone conference, followed up with a meeting, with Craig Davis, Planner, with the Collier County office for Department of Zoning and Land Development Review. The purpose of the call and meeting was to discuss Structure Medical's interest in acquiring and utilizing the property located at 4720 Radio Rd, Naples, Florida for "light manufacturing". Further to ensure that the c-s zoning allows our company to conduct its business accordingly, by right. With this interest in mind we formally request a letter from your department communicating our legal right, under C-5 zoning, to pursue this property and use it in the manner described. Since "time is of the essence", we politely and with a sense of urgency request your attention to this matter. Please let us know when and how we can assist you in addressing and resolving this matter. Structure Medical is an on-going concern presently located at 2975 S. Horseshoe Drive Suite 400, Naples, FL 34104. Best regards, S7l=NC. Len Zaiser, IV Senior Vice President 2975 S. Horseshoe Drive, Suite 400, Naples, Florida 34104. tel 239-262-5551 . fax 239-262-5528 Structure Medical - Products & Services Agenda IterRfM l69:f1~ June 23,2009 Page 6 of 19 -, Product,: I{ Sf'"VICP<, {' "\ Manufacturing Capabilities ... S Axis Machining Structure Medical's Machinery Comprises Some of the Most Advanced Manufacturing Technology Available. -.-----..-.------------_.__......_._......4_ With multiple high speed Mikron and Willemin machines, we can manufacture the complex shapes and close tolerances required for internal fixation devices. Mikron Willemin _._-.__._._--_.__._._--~---,---~----_.__.._.__... With spindle speeds over 40,000 RPM, we can ensure top quality surface finish. In addition, we have Robodrills, Robornates, Howas horizontal 4-axis mills for less complex machining. Robodrill Chiron -..----.----.-...--------.-------------.-----....---..-----.-...--.---,.-.---. Products Manufactured on These Machines Indude: . Cervical Plates . Hand and wrist plates . Upper and lower arm fixation devices . Foot and ankle fixation plates . High-tibia fixation plates . Spine hooks and support http://www.structuremedical.com/5axis.htm 4/17/2009 Structure Medical - Products & Services Agenda Ite~~g. ~ ei. f2 June 23, 2009 Page 7 of 19 hom,e I ,~bout JIS I Pfoouct$.&sef,vl,es. I ,~,pabllltie$ I management I ernpIQymeD> I cQnta,t ~s '- ~ Copyright 2009 Structure Medial. lnc. . All Rights Reserved Site Design ill Hosting by r;cS\IIeps ..J http://www.structuremedica1.com/5axis.htm 4/17/2009 Structure Medical - Capabilities Agenda lte~'Wg. ~ &1.. 12 June 23, 2009 Page 8 of 19 Proc)uct', 1', Servlc<'s ( ""\ Products & Services... Cost Containment ~ At Structure Medical we build our customer relationships by "doing it differently' . . . using technologies unique to the industry. We are cognizant of the fact that our customers are faced with traditionally 'cost containment" pressures on an ongoing basis. In light of this, Structure Medical employs cost saving efficiencIes that lower our costs, thereby increasing margins for our customers. Prototype/Development Process W1.I1J. While other contract manufacturers tend to shun prototype development work, Structure Medical welcomes the opportunity to to help our customers through this critical stage of product development. Structure Medical utilizes our unique "production protocol" which is the fastest route to prototype development and "production product" . Spine It<1l1l Structure Medical is fully capable of producing virtually any spine Implant device and has a strong background in producing spine products for many OEMs in this marketplace, Product List (products not limited to this list) . Polyaxlal & monoaxial pedicle screws . Plates, screws and a variety of locking mechanisms . Cross connectors . Hooks and rods . PEEK products (Dedicated Equipment) . Titanium and material such as CoCroMo, Nitinol, specialty stainless steels, etc, Orthopaedic [lw Structure Medical's uses 5-axis machine protocol, featuring high speed spindle speeds up to 43,000 RPM and incorporates iaser "tool management" systems. We have developed proprietary holding methods for first and second operation machining, assuring quality and the accuracy to produce the most intricate designs, and enhanced fleXibility which assures on-time delivery and lower costs, Product List (products not limIted to this list) . Upper Extremity o Plates and screws for shoulder, humerus, radius, ulna or wrist . Lower Extremity o Plates and screws for tibia, fibula, foot and ankle . Any shape or confIguration - "machined, not bent'" Inventory Management Program W1.I1J. Structure Medical can accommodate a variety of inventory options tailored to meet our customers' short and/or long-term goals whether flnancial or operational based -- or both, Customers need to maintain inventory levels that support all their needs In the field. Inconsistent levels have the follOWing negative effects: . When inventory levels are too high: o Significant negative cash flow with no positive effect. . When inventory levels are too low: o Potentially disastrous effect on sales and reputation. Structure Medical has a system to alleviate these problems for any product line it manufactures. Call for details. horyle I about us : products & services i capabilities I manaQement I employment ! con~act uS "-- <f' CopynglH 2009 Structu roe ~'ed leal. l nc. - All Rlgms Re'j~r"ed Sit~ Design &. HC!'.itlng try BC$W_e-b~ ..J http://www.structuremedical.com!costcontainrnent.htrn 4/17/2009 ColN"er County - - Agenda Item No. 16A 12 June 23, 2009 Page9of19 ~ .......... - ...-:I Community Development & Environmental Services Division Zoning & Land Development Review April 30,2009 Mr. Len Zaiser, IV, Senior Vice President Structure Medical, Inc. 2975 South Horseshoe Drive, Suite 400 Naples, FL 34104 Re: Zoning Verification Letter ZL TR-2009-AR-14394, regarding property located at 4720 Radio Road, Naples, FL, Folio number 251 I 1001025, in Section 1, Township 50, South, Range 25 East, Collier County, Florida Dear Mr. Zaiser: In your application dated April 7, 2009, you ask if Structure Medical, Inc., a light manufacturing business is allowed on property located at 4720 Radio Road as described above. Structure Medical, Inc. a manufacturer of orthopedic and medical supplies is classified under Standard Industrial Classification (SIC) Code 3842: Orthopedic, Prosthetic, and Surgical Appliances and Supplies. The subject property is zoned Heavy Commercial (C- 5). The C-5 zoning district does not allow for light manufacturing such as SIC Code 3842. However, light manufacturing such as SIC Code 3842 is permissible within the Industrial (I) zoning district. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. (i) 2800 North Horsehoe Drive' Naples, Florida 34104' 239-252-2400' Fax 239-643-6968' www.colliergov.net r . ~ Letter to Mr. Zaiser, IV RE: 4720 Radio Road Zoning Verification Letter Page 20f2 Agenda Item No. 16A12 June 23, 2009 Page 10 of 19 Should you require further information please do not hesitate to call me at (239) 252- 2484. Researched and prepared by: Principal P anner Department of Zoning and Land Development Review Reviewed by: ~rd- Manager Department of Zoning and Land Development Review c: Susan Istenes, Zoning Director, Zoning and Land Development Review Peggy Jarrell, Addressing Section ZLTR-2009-AR-14366 (correspondence file) Agenda Item No. 16A 12 June 23, 2009 Page 11 of 19 The Heavy Commercial (C-5) Zoning District provisions of the LDC E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. 1. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the heavy commercial district (C-5). a. Permitted uses. 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Agricultural services (0783). 6. Ancillary plants. 7. Amusement and recreation services, indoor (7999). 8. Amusement and recreation services, outdoor (7999 - fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental only). 9. Animal specialty services, except veterinary (0752, excluding outside kenneling). 10. Apparel and accessory stores (5611-5699). 11. Architectural services (8712). 12. Armature rewinding shops (7694). 13. Auctioneering/auction houses (groups 7389, 5999). 14. Auditing (8721). 15. Auto and home supply stores (5531). 16. Automobile Parking. (7521). 17. Automotive dealers, not elsewhere classified (5599). 18. Automotive repair services (7532 -- 7539). 19. Automotive services (7549). 20. Banks, credit Unions and trusts (6011-6099). 21. Barber shops (7241, except for barber schools). 22. Beauty shops (7231, except for beauty schools). 23. Boat dealers (5551). Agenda Item No. 16A12 June 23, 2009 Page 12 of 19 24. Bookkeeping services (8721). 25. Bowling centers, indoor (7933). 26. Building cleaning and maintenance services (7349). 27. Building construction--General contractors and operative builders (1521--1542). 28. Business associations (8611). 29. Business consulting services (8748). 30. Business credit institutions (6153-6159). 31. Business services (7389-contractors' disbursement, directories-telephone, recording studios, swimming pool cleaning, and textile designers only), 32. Cable and other pay television services (4841) including communications towers up to specified height, subject to section 5.05.09. 33. Carpentry and floor work contractors (1751--] 752). 34. Carpet and Upholstery cleaning (7217). 35, Carwashes (7542), provided that carwashes abutting residential zoning districts shall be subject to section 5.05.11 of this Code. 36. Churches. 37. Civic, social and fraternal associations (8641). 38. Coin-operated laundries and dry cleaning (7215). 39. Coin operated amusement devices, indoor (7993). 40. Commercial art and graphic design (7336). 41. Commercial photography (7335). 42. Commercial printing (2752, excluding newspapers). 43. Computer programming, data processing and other services (7371--7379). 44. Computer and computer software stores (5734). 45. Concrete work (1771). 46. Courts (9211). 47. Credit reporting services (7323). 48. Crematories (7261). 49. Dance studios, schools and halls, indoor (7911). 50. Department stores (5311). 51. Detective, guard and arn10red car service (7381, except armored car and dog rental). 52. Direct mail advertising services (7331). 53. Disinfecting and pest control services (7342). 54. Dry cleaning plants (7216, nonindustrial dry cleaning only). 55. Drug stores (5912). 56. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01. 57. Educational plants. 58. Educational services (8221 and 8222). 59. Electrical and electronic repair shops (7622--7629). 60, Electrical contractors (1731). 61. Engineering services (8711). 62. Equipment rental and leasing (7359). 63. Essential services, subject to section 2.01.03. 64. Facilities support management services (8744). Agenda Item No. 16A 12 June 23, 2009 Page 13 of 19 65. Federal and federally-sponsored credit agencies (6111). 66. Fire protection (9224). 67. Fishing, commercial (0912--0919). 68. Food stores (groups 5411-5499). 69. Funeral services (7261). 70. Garment pressing, and agents for laundries and drycleaners (7212). 71. Gasoline service stations (5541), with services and repairs as described in section 5.05.05. 72. General merchandise stores (5331--5399). 73. Glass and glazing work (1793). 74. Glass stores (5231). 75. Golf courses, public (7992). 76. Group care facilities (category I and II, except for homeless shelters); care units , except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. ~ 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S, ~ 651 and ch. 4-193 F.A,C.; all subject to section 5.05,04. 77. Hardware stores (5251). 78. Health services, offices and clinics (8011--8049). 79. Health and allied services, miscellaneous (8092--8099). 80. Heating and air-conditioning contractors (1711). 81. Heavy construction equipment rental and leasing (7353). 82. Home furniture and furnishings stores (5712--5719). 83. Home health care services (8082). 84. Hospitals (8062--8069). 85. Hotels and motels (7011, 7021 and 7041) when located within an activity center. 86. Household appliance stores (5722). 87. Installation or erection of building equipment contractors (1796). 88. Insurance carriers, agents and brokers (6311--6399, 6411). 89. Labor unions (8631). 90. Landscape architects, consulting and planning (0781). 91. Laundries and dry cleaning, coin operated -- self service (7215). 92. Laundries, fan1ily and commercial (7211). 93. Laundry and garment services, miscellaneous (7219). 94. Legal counsel and prosecution (9222). 95. Legal services (8111). 96. Libraries (8231). 97. Loan brokers (6163). 98. Local and suburban transit (4111). 99. Local passenger transportation (4119). 100. Lumber and other building materials dealers (5211). 101. Management services (8741,8742). 102. Marinas (4493 & 4499 - except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, and steamship leasing), subject to section 5.05.02. 103. Masonry, stonework, tile setting and plastering contractors (1741--1743). 104. Medical and denta11aboratories (8071 and 8072). 105. Medical equipment rental and leasing (7352). Agenda Item No. 16A 12 June 23, 2009 Page 14 of 19 106. 107. 108. 109. 110. Ill. only). 112. Motor vehicle dealers, new and used (5511, 5521). 113. Motorcycle dealers (557]). 114. Museums and art galleries (8412). 115. Musical instrument stores (5736). 116. Newspapers: Publishing, or publishing and printing (2711). 117. News syndicates (7383). 118. Nursing and professional care facilities (8051--8059). 119. Outdoor advertising services (73] 2). 120. Outdoor storage yards, provided that the yard is located no closer than twenty-five (25) feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to section 4.02.12. This provision shall not be construed to allow, as permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. 121. Paint stores (5231). 122. Painting and paper hanging (1721). 123. Passenger car leasing (7515). 124. Passenger car rental (7514). 125. Passenger transportation arrangement (4729). 126. Periodicals: Publishing or publishing and printing (2721). 127. Personal credit institutions (6141). 128. Personal services, miscellaneous (7299). 129. Personnel supply services (736 I & 7363). 130. Photocopying and duplicating services (7334). 131. Photofinishing laboratories (7384). 132. Photographic studios, portrait (7221). 133. Physical fitness facilities (7991). 134. Plumbing contractors (1711). 135. Police protection (9221). 136. Political organizations (8651). 137. Professional membership organizations (8621). 138. Professional sports clubs and promoters, indoor (7941). 139. Public administration (groups 911 1 --9199, 9229, 9311, 9411 --9451, 9511--9532, 9611-- 9661 ). 140. 141. 142. 143, Membership organizations, miscellaneous (8699). Membership sports and recreation clubs, indoor (7997). Mobile home dealers (5271). Mortgage bankers and loan correspondents (6162). Motion picture theaters (7832). Motor freight transportation and warehousing (4225, mini- and self-storage warehousing Public or private parks and playgrounds. Public order and safety (9229). Public relations services (8743). Radio, television and consumer electronics stores (5731). Agenda Item No. 16A 12 June 23,2009 Page 15 of 19 144. Radio, television and publishers advertising representatives (7313). 145. Radio and television broadcasting stations (4832 & 4833). 146. Real Estate (6512,6531--6552). 147. Record and prerecorded tape stores (5735). 148. Recreational vehicle dealers (5561). 149. Religious organizations (8661). 150. Repair shops and services, not elsewhere classified (7699). 151. Research, development and testing services (8731--8734). 152. Retail- miscellaneous (5921--5963, 5992--5999). 153. Retail nurseries, lawn and garden supply stores (5261). 154. Reupholstery and furniture repair (7641). 155. Roofing, siding and sheet metal work contractors (1761). 156. Secretarial and court reporting services (7338). 157. Security and commodity brokers, dealer, exchanges and services (6211--6289). 158. Security systems services (7382). 159. Shoe repair shops and shoeshine parlors (7251). 160. Social services, individual and family (8322--8399, except homeless shelters and soup kitchens). 161. Special trade contractors, not elsewhere classified (1799). 162. Structural steel erection contractors (1791). 163. Surveying services (8713). 164. Tax return preparation services (7291). 165. Taxicabs (4121). 166. Telegraph and other message communications (4822) including communications towers up to specified height, subject to section 5.05.09. 167. Telephone communications (4812 and 4813) including communications towers up to specified height, subject to section 5.05.09. 168. Theatrical producers and miscellaneous theatrical services, indoor (7922--7929, including bands, orchestras and entertainers; except motion picture). 169. Tour operators (4725). 170. Travel agencies (4724). 171. Truck rental and leasing, without drivers (7513). 172. United State Postal Service (4311, except major distribution center). 173. Reupholstery and furniture repair (7641). 174. Utility trailer and recreational vehicle rental (7519). 175. Veterinary services (0741 & 0742, excluding outside kenneling). 176. Videotape rental (7841). 177. Vocational schools (8243--8299). 178. Wallpaper stores (5231). 179. Watch, clock and jewelry repair (7631). 180. Water well drilling (1781). 181. Welding repair (7692). 182. Any use which was permissible under the prior General Retail Commercial (GRC) zoning district, as identified by Zoning Ordinance adopted October 8, 1974, and which was lawfully existing prior to the adoption of this Code. Agenda Item No. 16A 12 June 23, 2009 Page16of19 183. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 184, Any other commercial or professional use which is comparable in nature with the (C-1) list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals pursuant to section 10.08.00. b, Accessory Uses, 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the C-5 district. 2. Detached caretaker's residence, subject to section 5.03.05. 3. Temporary display of merchandise during business hours, provided it does not adversely affect pedestrian or vehicular traffic or public health or safety. Merchandise storage and display is prohibited within any front yard; allowed within the side and rear yards of lots, c. Conditional uses. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in section 10.08.00. 1, Animal specialty services, except veterinary (0752, with outdoor kenneling). 2. Amusement and recreation services, outdoor (7948, 7992, 7996, 7999). 3. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the locational requirements of section 5.05.01.) 4. Child day care services (8351), provided: i. All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the child care center's nearest property line, a) For purposes of this subsection, the following definitions shall apply: i) Hazardous matetials. A material that has any of the following properties: ignitable, corrosive, reactive and/or toxic. ii) Toxic substances. A substance which is, or is suspected to be, carcinogenic, mutagenic, teratogenic, or toxic to human beings. ii. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. iii. It shall not be located on the same street custommily utilized by construction truck traffic from asphalt plants and excavation quarries. iv. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. v. It shall provide a minimum usable open space of not less than thirty (30) percent of the total square footage of the lot area. vi. It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five (5) feet in height, to be constructed of wood, masonry or other approved material. vii. It shall provide a landscape buffer in accordance with section 4.06.00. Agenda Item No. 16A 12 June 23,2009 Page 17 of 19 ,,-- Vlll. It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code. ix. Where achild care center is proposed in conjunction with, and on the same parcel as, a facility which is a permitted use, the requirements set forth in subparagraphs i through viii above, with the exceptions of subsections iv. and v., shall be used to provide the protections to children using the child care center intended by this section consistent with the development of the proposed permitted use. 5. Communications (4812--4841) with communications towers that exceed specified height, subject to section 5.05.09. 6. Farm product raw materials (5153--5159). 7. Fuel dealers (5983--5989). 8. Homeless shelters. 9. Hotels and motels (7011, 7021, 7041 when located outside an activity center.) 10. Correctional institutions (group 9223). 11. Kiosks. 12. Local and suburban passenger transportation (4131--41 73). 13. Motion picture theaters, drive-in (7833). 14. Permitted uses with less than 700 square feet of gross floor area in the principal structure. 15. Soup kitchens. 16. 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