Division 2. Standard Zoning District Regulations, Article IV. District Regulations, Chapter 23. Zoning, Land Use And Development Regulation, Code of Ordinances, Lake Wales

Lake Wales (Current through Ordinance 2022-36, Adopted 8-02-2022)

Code of Ordinances

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, August 2, 2022

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

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: 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

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 -
C1-A
only

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.

•Within CRA3, Lots of Record shall be allowed to have one single-family residence, based on the R-1D zoning district standards. Approval of this use shall be granted by an Administrative Waiver, approved by the City Manager, using the criteria contained in Section 23-422.

• 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)

§ 23-422. Dimensional requirements for use of land.

Effective: Tuesday, March 1, 2022

The dimensional requirements for the use of land in the various zoning districts shall be as set forth in Tables 23-422A and 23-422B. Dimensional requirements for accessory structures are set forth in Article V. No lot shall be reduced in size or altered in dimensions so as to create a non-conformity in terms of lot area, building setbacks, or other dimensional requirements of this chapter.

•Waiver of front yard requirements. On lots in subdivisions where the front yard requirements have been waived pursuant to subsection 23-522(b), accessory structures will be allowed in the functional rear yard per the requirements of that section.

•Waivers in Planned Development Projects (PDPs). Deviation from the dimensional requirements of this section may be granted through the Planned Development Project (PDP) process pursuant to section 23-224. Residential density shall be in compliance with the classification of the property as established on the Future Land Use Map and the Future Land Use Element of the Comprehensive Plan.

•Administrative Waivers. Administrative Waivers shall be submitted for review and recommendation to the Administrative Official. Waivers shall then be approved or denied by the City Manager. The Waivers may authorize up to a twenty (20) percent reduction in zoning standards for setbacks, height, parking, buffering, living area, floor area/impervious surface ratio, and other related zoning standards. An applicant may appeal the decision of the City Manager to the City Commission.

TABLE 23-422A
DIMENSIONAL AND AREA STANDARDS—RESIDENTIAL DISTRICTS

Notes: Minimum floor area for a dwelling unit in the R-3, PF, C1, and C2R zoning districts may be waived by the Administrative Official.

Zoning	Dwelling Type	Minimum Lot Size (sq. feet)⁹	Minimum Street Frontage (feet)¹	Minimum Lot Width at building line (feet)	Minimum Floor Area (sq feet)²	Minimum Setbacks* Principal Buildings (feet)			Maximum Lot Coverage⁸ (percent)	Maximum Building Height
						Front³	Side⁴	Rear⁵		feet	stories
R-1A	Single- family	12,000	50	85	1,500	30	10	20	40	35	2½
R-1B	Single- family	9,000	50	75	1,500	30	10	20	40	35	2½
R-1C	Single- family	8,000	50	65	1,200	25	10	15	40	35	2½
R-1D	Single- family	6,000	50	60	1,000	25	7.5	15	40	35	2½
R-2	Single- family	8,000	50	75	1,000	25	10	20	40	35	2½
R-2	Two-family	12,000	50	85	950	25	10	20	40	35	2½
R-3	Single- family	7,500	50	75	1,000	25	10	15	40	35	2½
R-3	Two-family	8,500	50	75	950	25	10	15	40	45⁷	3⁷
R-3	Multi-family (3 or more units)	12,000⁶	50	100	650	30	10	20	50	45⁷	3⁷

* The building setback shall be measured from the roof's vertical support member located nearest to the property line from which the setback is required. The roof overhang or other projection shall not extend beyond the vertical support member more than twenty-four (24) inches into the required setback.

¹ On any lot approved with reduced frontage, the lot width between the front lot line (street frontage) and the building line shall not be less than 25 feet at any point. In new single-family subdivisions, up to 10% of the lots may be approved with reduced street frontage, provided that no frontage is less than 30 feet in width. One single-family house may be constructed on a panhandle lot with reduced street frontage, provided that, excluding any portion of the lot less than 50-feet in width, the lot meets the minimum required lot area and other dimensional requirements for a single-family house in the zoning district, and provided the lot has a minimum of 25 feet of frontage.

² Minimum floor area of a dwelling unit is the living floor area excluding carports, garages, breezeways, and unenclosed porches or terraces. For single-family houses on infill lots, the administrative official may allow a reduction in the floor area to eighty (80) percent of the area required in the district upon demonstration that the reduced size is consistent with that of existing houses in the neighborhood.

³ The minimum front setback shall be as designated or one-half (½) the width of the required right-of-way for the street on which the lot fronts, whichever is larger. For infill lots, the administrative official may grant a waiver allowing a reduction of the front yard setback requirement, provided the reduction is compatible with the building setbacks in the immediate vicinity.

⁴ All single-family construction on existing lots less than 51 ft in width and more than 25 ft in width shall have a minimum side setback of 5 ft.

⁵ See article V for location requirements for accessory structures. Generally, accessory buildings are permitted only in rear yards at least 5 ft from any lot line.

⁶ 12,000 sq. ft. is required for the first 3 units and 3,000 sq. ft. is required for each additional dwelling unit.

⁷ No building shall exceed 3 stories or 45 ft in height unless 1 foot shall be added to the required front and side setbacks for each foot of building height in excess of 45 ft.

⁸ Parking areas in the front yard of a single-family or two-family residential property shall not eliminate more than 50% of the area available for grass or other landscaping.

⁹ The area encompassing wetlands and/or open water shall not be included in the calculation for compliance with the minimum lot size requirement.

Notes:

Dimensional requirements for the R-3 district apply for residential structures in non-residential districts.

See article V for dimensional requirements for accessory structures.

See also "provisions for flood hazard reduction" in article VI, div. 1.

(Ord. No. 2007-02, §§ 13, 14, 3-6-07; Ord. No. 2007-33, § 4, 9-4-07; Ord. No. 2008-04, §§ 10—12, 2-19-08; Ord. No. 2008-45, § 23, 12-16-08)

TABLE 23-422B
DIMENSIONAL AND AREA STANDARDS—NONRESIDENTIAL DISTRICTS*

Zoning District	PF	C-1	C-2	C-2R	C-3	C-4	C-5	LCI	BP	I-1	I-2	CN	R
Minimum Principal Building Setbacks (feet)†
Front¹	30	0²	35	35	35	35	35	35	35	35	35	35	35
Side - not adjacent to residential district	10	0	10	10	20	10	PDP³	20	20	20	10	10	10
Side or rear - adjacent to residential district⁴	35⁵	35⁵	35⁵	35⁵	35	35	PDP³	35⁵	35	35	35⁵	35	35
Rear - not adjacent to a residential district⁴	25⁵	0	25⁵	25⁵	25	25	PDP³	25⁵	25	25	25⁵	35	35
Maximum Building Height	45⁶	45⁷	35⁶	35⁷	35⁶	35	PDP³	35⁶	35⁶	45⁶	35⁷	35	35
Maximum Lot Coverage
Maximum Building Coverage	35%	100%	50%	50%	50%	35%	PDP³	50%	50%	50%	50%	5%	35%
Maximum impervious surface	65%	100%	75%	75%	75%	75%	PDP³	75%	65%	75%	75%	10%	50%

* Deviation from dimensional requirements may be allowed through a Planned Development Project approval. See section 23-224

† The building setback shall be measured from the roof's vertical support member located nearest to the property line from which the setback is required. The roof overhang or other projection shall not extend beyond the vertical support member more than twenty-four (24) inches into the required setback.

¹ For development fronting on an arterial highway, the minimum front setback shall be 50 feet. For infill lots, the administrative official may grant a waiver allowing a reduction of the front yard setback requirement, provided the reduction is compatible with building setbacks in the immediate vicinity.

² A front setback of more than five feet in a C-1 district requires a special permit from the Planning Board. In deciding upon the permit, the Planning Board shall consider the consistency of the proposed setback with other buildings within the district and on adjacent properties.

³ Setbacks in the C-5 districts shall be as approved for the planned development project. (See section 23-224.) In a C-5 district developed without a planned development project, the building setbacks shall be as for the C-2 district.

⁴ A five-foot landscaped buffer meeting the requirements of section 23-307 must be provided along any rear or side property line adjacent to a residential district.

⁵ The Planning Board may allow lesser side and rear setbacks adjacent to a residential district to enable redevelopment or infill. However, a solid buffer shall be provided.

⁶ The maximum building height may be increased provided one additional foot is added to each of the required setbacks for each foot of building height in excess of the maximum specified.

⁷ The Planning Board may allow a building to exceed the maximum building height in a C-1, C-2R, or I-2 district following a public hearing and a finding that the proposed height and architecture of the building are compatible with other buildings in the district and on properties in the area.

Notes:

Dimensional requirements for the R-3 district apply for residential structures in non-residential districts. See Table 23-422A.

Dimensional requirements for accessory structures are set forth in article V.

(Ord. No. 2005-47, § 2, 10-18-05; Ord. No. 2007-02, §§ 15, 16, 3-6-07; Ord. No. 2007-33, § 5, 9-4-07; Ord. No. 2008-45, §§ 17, 18, 12-16-08; Ord. No. 2015-04, § 11, 7-7-15; Ord. No. 2020-30, § 1, 12-02-20; Ord. No. 2020-33, § 1, 1-05-21; Ord. No. 2022-06, § 1, 3-01-22)