Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)

Chapter 23. Zoning, Land Use And Development Regulation

Article IV. District Regulations

Division 2. Standard Zoning District Regulations

§ 23-421. Permitted and special exception uses allowed in zoning districts.

Effective on Tuesday, June 20, 2023

The types of uses allowed in the various standard zoning districts shall be as set forth in Table 23-421. Uses not listed on the table or not shown as permitted (P), special exception (S), or planned development project (PDP) are prohibited. No variances shall be granted to allow uses not otherwise allowed in a zoning district, except that housing types other than single-family may be allowed in a planned development project (PDP) approved pursuant to section 23-224.

a. Permitted uses. Permitted uses require approval by the administrative official in accordance with section 23-212, verification of zoning compliance.

b. Conditional uses. Uses marked with an asterisk (*) are conditional uses that require approval by the administrative official subject to the conditions for the specific use set forth in article III, division 2, conditional use regulations.

c. Special exception uses. Special exception uses may be approved by the planning board in accordance with the procedures in section 23-216, special exception use permit.

TABLE 23-421
PERMITTED USES AND SPECIAL EXCEPTION USES IN STANDARD ZONING DISTRICTS

P - Permitted Use S - Special Exception Use PDP - Planned Development Project MDP - Master Development Plan

R-1A

R-1B

R-1C

R-1D

R-2

R-3

PDMU

D-
MU

C-1/
C-1A

C-2

C-2R

C-3

C-4

C-5¹

LCI

I-1

I-2

RESIDENTIAL

Dwelling: Single-family

MDP

Dwelling: Single-family
attached

MDP

Dwelling: Two-family

MDP

Dwelling: Multi-family (up to 12 units on one parcel)

MDP

Dwelling: Multi-family (more than 12 units/parcel)

PDP

MDP

PDP

Dwelling unit for caretaker employed on premises

MDP

Dwelling, accessory to single-family house*

MDP

Live / Work Unit

MDP

Mixed-use - residential and nonresidential

PDP

MDP

PDP2

PDP

Manufactured and Modular Homes (individual lots)

Manufactured Home and Modular Home Parks

PDP

Modular Home Subdivisions

PDP

Manufactured Home Subdivisions

AMUSEMENT ESTABLISHMENTS

Amusement establishment—Indoor

MDP

Amusement establishment—Outdoor

MDP

Indoor shooting ranges

MDP

Movie theater— Indoor

MDP

AUTOMOTIVE USES*

Auto and truck rental

MDP

Auto and truck repair

MDP

Auto, truck, or motor cycle dealer

MDP

Auto parking establishments (principal use)

Auto service station

MDP

Car wash

MDP

Recreational vehicle, mobile home, or boat dealers

MDP

EDUCATIONAL AND CULTURAL

Club7

MDP

Cultural facilities

MDP

Day care center3*

MDP

Religious establishment

MDP

Schools, athletic or music

MDP

Schools, post secondary

MDP

Schools, primary-secondary

MDP

Schools, training (other than athletic or music)

MDP

FARMING/OTHER AGRICULTURAL

Farming, crop4 or nursery without retail sales

MDP

Nursery, plant with retail sales

MDP

FOOD AND BEVERAGE BUSINESSES (See section 23-342 and chapter 5 for regulations on alcoholic beverages.)

Bar, wine and beer7

MDP

P / S
(see
note
7)

P -
C1-A
only

Bar

P / S
(see
note
7)

Catering facility

MDP

Food processing

MDP

Mobile Food Vending/Mobile Food Dispensing Vehicles *

MDP

Restaurants, eat-in5, 7

MDP

Restaurants, drive-up

MDP

Restaurant, outdoor cafe7

MDP

Restaurant, take-out5

MDP

HEALTH CARE

Health service

MDP

Hospitals

MDP

Medical Marijuana Dispensaries and Treatment Centers *

MDP

Medical office (one practitioner)

MDP

Nursing care homes*

MDP

Veterinarian or small animal hospital

MDP

Animal hospital

MDP

LODGINGS

Bed and breakfast (accessory to single-family)*

MDP

Boarding house

MDP

Dormitory

MDP

Hotel

MDP

P/S

Motel

MDP

INDUSTRIAL USES

Assembly and fabrication

MDP

Laundry and dry cleaning plants

MDP

Manufacturing—Light

MDP

Manufacturing—Heavy

Warehouse/Distribution

MDP

PROFESSIONAL AND COMMERCIAL USES**

Artisan Production, small scale

MDP

Artisan Production, large scale

MDP

Bank

MDP

Bank with drive-up window

MDP

Construction support—Light

MDP

Construction support—Heavy

Funeral home

MDP

Kennel

MDP

Laboratory, research

MDP

Landscaping service

MDP

Laundromat*

MDP

Mini-storage

MDP

Office, professional (except medical)

MDP

Personal service

MDP

STORES (See section 23-342 and chapter 5 for regulations on alcoholic beverages.)

Convenience store (incl. groceries, drugs, or liquor)

MDP

Convenience store with gasoline service

MDP

Outdoor display or sales (as principal or accessory use)6

MDP

Store, retail — up to 1,500 sq. ft./store

MDP

Store, retail - up to 12,500 sq. ft./store

MDP

Store, retail - from 12,500 to 100,000 sq. ft./store

MDP

Store, retail - from 100,000 to 300,000 sq. ft./store

MDP

PUBLIC AND GOVERNMENT

Aircraft establishment

Airports, heliports and related aviation facilities

Public facilities and offices**

MDP

Public transportation terminals

MDP

Solar Power Generation Facility*

* See special conditions for this use in article III, division 2 Conditional Use Regulations.

For conditions for a dwelling unit accessory to a single-family dwelling, see Table 23-521, Accessory Uses - Residential Properties.

** Public facilities and offices are permitted uses in all districts with the approval by the city commission and a courtesy review and recommendation from the planning board.

1 A development in a C-5 zoning district requires approval as a Planned Development Project. (See section 23-224.)

2 Mixed-use and multi-family development may be approved through the PDP process only if consistent with the policies of the Comprehensive Plan for the Future Land Use classification of the property. Standards in section 23-445 apply to all mixed-use planned developments and those in section 23-443 apply to all residential planned developments.

3 A "day care home," a day care facility with 4 or fewer clients (See definition in article VIII) is a permitted use accessory to a single-family house pursuant to section 23-521.

4 A farm stand is permitted as accessory to an agricultural use.

5 A restaurant may be permitted as accessory to a nonresidential use pursuant to section 23-541.

6 For exceptions, see section 23-343 "Auctions, sales, and events, temporary" and section 23-355 "Yard sales."

7 See also section 23-353, Conditional use regulations for "outdoor seating areas" and section 23-342 for Conditional use regulations on alcoholic beverages.

8 C-2 zoning districts in the RAC land use category only.

9 Planned Development Mixed Use development may be approved through the MDP process only if consistent with Policy 2.18 of the Comprehensive Plan and Section 23-450.

10 Single-family attached in the C-1/C1A zoning districts not permitted on the ground floor.

NOTES:

•Conversion of a dwelling unit to a non-residential use requires a special exception use permit, regardless of whether the new use is a permitted (P) or special exception use (S).

•Outdoor storage in BP, I-1, and I-2 is allowed with site plan approval.

•Outdoor display and sales at an otherwise permitted business or enterprise are subject to conditions in Sec. 23-343.

•Planned Development Projects may be approved in any district per the procedure set forth in section 23-224 and per the regulations set forth in section 23-443.

•The addition of an accessory use to a property where the principal use is a special exception use requires is considered an expansion of the special exception use requiring a new special exception use permit prior to construction or commencement of the use. (See also section 23-501, accessory uses and structures).

•Outdoor seating for any establishment must meet conditional use regulations in section 23-353.

• Non-residential uses are permitted as a subordinate part of a residential Planned Development Project and are limited to those uses permitted in the C-4 Neighborhood Commercial zoning district.

(Ord. No. 2005-47, § 1, 10-18-05; Ord. No. 2007-02, § 12, 3-6-07; Ord. No. 2007-33, § 3, 9-4-07; Ord. No. 2008-04, § 9, 2-19-08; Ord. No. 2008-45, §§ 15, 16, 12-16-08; Ord. No. 2009-174, § 2, 10-20-09; Ord. No. 2010-11, § 3, 6-15-10; Ord. No. 2011-04, § 3, 3-1-11; Ord. No. 2012-02, § 1, 2-21-12; Ord. No. 2015-04, § 9, 7-7-15; Ord. No. 2017-05, § 2, 4-18-17; Ord. No. 2017-19, § 1, 10-17-17; Ord. No. 2018-07, § 4, 09-19-18; Ord. No. 2019-12,§ 1, 09-24-19; Ord. No. 2020-06,§ 2, 06-02-20; Ord. No. 2020-27,§ 1, 10-20-20; Ord. No. 2020-30,§ 1, 12-02-20; Ord. No. 2021-09,§ 1, 6-02-21; Ord. No. 2021-20, § 1, 9-20-21; Ord. No. 2021-25, § 1, 11-02-21; Ord. No. 2022-06, § 1, 3-01-22; Ord. No. 2022-30, § 1, 8-02-22; Ord. No. 2022-37, § 1, 9-07-22; Ord. No. 2022-45, § 1, 10-04-22; Ord. No. 2023-11, § 2, 5-02-23; Ord. No. 2023-18, § 2, 6-20-23)

                    
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