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Oldsmar City Zoning Code

5.5

RETAIL SALES AND GENERAL SERVICES

This land use category is intended toward providing the residents of Oldsmar with a full range of retail, personal, professional and recreational sales and services. The activities permitted within the specified districts range from mixed uses of low intensities, commercial uses of varying intensity and service areas, and encompassing the full range of retail, personal and business services.

These districts should be conveniently located to the residents of the community and grouped at nodes of principal and collector streets for convenient access and efficient use of public services and infrastructure.

Strip development of these uses should be avoided.

These districts may be located adjacent to residential districts with appropriate buffering and screening.


5.5.1. - R/O/R residential/office/retail district.

5.5.1.1. Intent and purpose of district.

The R/O/R, residential/office/retail district is established to provide for mixed use development of both residential and compatible professional office and limited personal service and retail uses. It is further the purpose of this district to act as a buffer between districts of a purely residential nature and those of other uses.

The R/O/R, residential/office/retail district shall provide for appropriate development of lands that are designated in the comprehensive plan as residential office retail.

(Ord. No. 91-16, 12-17-91)

5.5.1.2. Permitted uses.

Within the R/O/R, residential/office/retail district, only the following uses shall be permitted:

1.

All the permitted uses allowed in the RM-15, residential multifamily district. All such uses shall be in accordance with district requirements pertaining to building height regulations, building site area requirements, minimum area of land coverage, yard regulations and off-street parking.

2.

All the permitted uses in the C-2, commercial general district.

3.

All uses permitted in the office general district.

(Ord. No. 91-16, 12-17-91)

5.5.1.3. Conditional uses.

1.

Places of worship.

(Ord. No. 91-16, 12-17-91)

5.5.1.4. Building height regulations.

Maximum building height: 35 feet.

5.5.1.5. Building site area requirements.

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

5.5.1.6. Maximum impervious surface ratio.

Maximum impervious surface ratio (ISR): The maximum ISR shall be 0.70 or, depending on use, to be consistent with, and not to exceed ISR's in either the RM-15 or C-2 districts, whichever is the most restrictive.

(Ord. No. 92-18, 4-20-93)

5.5.1.7. Maximum floor area ratio.

Maximum floor area ratio (FAR): The maximum FAR shall be 0.40 or, depending on use, to be consistent with, and not to exceed FAR's in the RM-15 or C-2 districts, whichever is most restrictive.

(Ord. No. 92-18, 4-20-93)

5.5.1.8. Yard regulations.

Front: 40 feet.

Side: ten feet.

Rear: 20 feet.

5.5.1.9. Traffic ingress and egress regulations.

There shall be a maximum of one curb cut for each 100 feet of property frontage abutting a road right-of-way. There shall be two maximum of one entrance and one exit or two combination entrance-exits from each road to the lot or parcel.

Maximum Minimum
Entrance widths 50 feet 36 feet
Exit widths 50 feet 36 feet
Combination entrance/exit width 75 feet 50 feet

 

5.5.1.10. Landscape and buffer yard requirements.

As per article XII of this Code.

5.5.1.11. Public/semipublic threshold.

Public/semipublic uses shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

(Ord. No. 92-18, 4-20-93)

5.5.1.12. Mixed use.

Mixed uses shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property.

(Ord. No. 2008-03, § 4, 2-19-08)

5.5.2. - C-1 commercial neighborhood district.

5.5.2.1. Intent and purpose of district.

The C-1, commercial neighborhood district is established to provide suitable areas for retail and professional service establishments located in the neighborhood which they serve. The location of such areas is intended to conveniently supply the immediate needs of the neighborhood where the types of services rendered and the commodities sold are those which are needed daily and purchased at frequent intervals. The intensity of development in this district shall be consistent with the development pattern of the neighborhood and should be within such proximity to the neighborhood to afford convenient pedestrian and other nonmotorized vehicle accessibility.

The C-1, commercial neighborhood district shall provide for appropriate development of lands that are designated in the comprehensive plan as commercial neighborhood.

5.5.2.2. Permitted uses.

Any retail or professional business use which does not involve the manufacture or processing of products, provided the use serves the immediate needs of the neighborhood. Uses include:

1.

Drug and sundry establishments.

2.

Grocery, delicatessen, and convenience establishments, excluding motor fuel sales.

3.

Professional services including legal, insurance, real estate, accounting, engineering, architecture, and like professionals.

4.

Studio schools; art, sculpture, pottery, antique, and like instruction which does not emit noise.

5.

Personal service establishments such as barbershops, beauty parlors, shoe repair, tailoring, watch and clock repair, locksmith shops.

6.

Bed and breakfast inns, not to exceed 30 beds per acre.

(Ord. No. 92-18, 4-20-93; Ord. No. 2008-03, § 5, 2-19-08)

5.5.2.3. Conditional uses.

1.

Public or private right-of-way and/or substation for utilities.

2.

Places of worship.

3.

Motor fuel sales, except service stations.

5.5.2.4. Building height regulations.

Maximum building height: 35 feet.

5.5.2.5. Yard regulations (front, side, and rear).

Front: 25 feet.

Side: 20 feet.

Rear: 20 feet.

5.5.2.6. Building site area requirements.

Minimum lot area: 7,500 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 80 feet.

5.5.2.7. Maximum impervious surface ratio.

Maximum impervious surface ratio (ISR): 0.60 percent.

5.5.2.8. Maximum floor area ratio.

Maximum floor area ratio (FAR): 0.30 percent.

5.5.2.9. Public/semipublic threshold.

Public/semipublic uses shall not exceed a maximum area of five acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

(Ord. No. 92-18, 4-20-93)

5.5.3. - C-2 commercial general district.

5.5.3.1. Intent and purpose of district.

The C-2, commercial general district is established to provide suitable areas for retailing and service establishments conveniently located in a community of several neighborhoods. It is intended that this district shall serve a considerably greater population than the C-1 district and be located at nodes conveniently accessible to automobile traffic, be developed at greater intensities than C-1, and offer certain specialized services in addition to other retail sales outlets for consumer products. Strip development of commercial land use is strongly discouraged.

The C-2, commercial general district shall provide for appropriate development of lands that are designated in the comprehensive plan as commercial general.

5.5.3.2. Permitted uses.

1.

All uses permitted and conditionally permitted in the C-1 district.

2.

Retail sales establishments selling directly to consumers, except building materials.

3.

Shopping centers.

4.

Motels and hotels, not to exceed 30 units per acre.

5.

Convenience stores, including motor fuel sales, and motor fuel sales establishments, except service stations.

6.

Restaurants, including takeout and drive-thru.

7.

Financial institutions and banks, including drive-thru.

8.

Professional services, including medical, dental and eye clinics, real estate, travel agencies, brokerage houses, office reproduction and supplies for retail sales.

9.

Veterinary hospitals and kennels when entirely confined within a building.

10.

Dry cleaning establishments using only solvents which are not flammable.

11.

Automobile detailing, not including body, upholstery, painting, motor, transmission and differential work, unless incidental to dealer use and completely enclosed.

12.

Retail sales and display of automobile, boats, mobile homes.

13.

Repair and sales of household appliances.

14.

Funeral homes.

15.

Commercial recreation including:

a.

Health clubs and spas.

b.

Movie theaters, except drive-in.

c.

Miniature and adventure golf courses.

d.

Bowling alleys and skating rinks.

e.

Amusement arcades and similar enclosed or appropriately screened uses from which light, noise, odor, dust, or vibration are strictly controlled.

16.

Rental truck rental.

17.

Restrictive uses not located within the Tampa Road Corridor.

18.

Brewpubs, provided the following standards are met:

a.

No outdoor storage shall be permitted.

b.

All malt, vinous, or distilled liquor production shall be within completely enclosed structures.

c.

By-products or waste from the production of the malt, vinous, or distilled liquor shall be properly disposed of off-site.

d.

All mechanical equipment, visible from the street or adjacent to residential uses, shall be screened using architectural features consistent with the principal structure.

(Ord. No. 92-18, 4-20-93; Ord. No. 95-01, § 4, 2-7-95; Ord. No. 2007-29, § 1, 12-4-07; Ord. No. 2011-06, § 3, 7-5-11; Ord. No. 2018-14, § 3, 11-6-18)

5.5.3.3. Conditional uses.

1.

Marinas, which provide boat launching, docking, wet or dry storage of boats, sale of gasoline and oil and repair and service of boats and motors, incidental to the operation of a marina.

2.

Navigation safety devices and structures.

3.

Places of worship.

4.

Public or private utility, electrical, gas, telephone, water, or sewage and railroad right-of-way.

5.

Public or private utility substations, provided there be no storage of trucks or materials on the site.

6.

Self service storage facilities, as per the requirements set forth in article XIV of this Code.

7.

Service stations, as per the requirements as set forth in article XIV of this Code.

8.

Assembly and research and development of electronic components, precision instruments, office and professional supplies, lighting and processing equipment, toys, cosmetics, musical instruments, and additional uses of similar character and no greater impact. Said uses shall perform as follows:

a.

All assembly and research and development operations shall be fully enclosed.

b.

Open storage shall be prohibited.

c.

Maximum gross floor area shall be limited to 4,000 square feet on any one floor of a structure.

d.

Noise-generating mechanical equipment shall be soundproofed so as not to exceed the noise regulations of the City of Oldsmar and Pinellas County.

e.

Research/development; light manufacturing/assembly (class A) use shall be allowed only on the basis of and pursuant to the standards identified by subsections 8.a - 8.d and which address, as a minimum, the following criteria in relationship to the nature of the proposed use:

1.

Neighboring uses and the character of the commercial area in which it is to be located;

2.

Noise, solid waste and air quality emission standards and hours of operation consistent with section 5.7.1, performance standards;

3.

Traffic generation; and

4.

Parking, loading, storage, and service provisions in accordance with section 7.1.

9.

Retail major automobile repairs such as transmission, differential and major motor work, but not including body, upholstery or painting unless incidental to dealer use. Auto repairs must conform to the following performance standards:

a.

All activities shall be conducted in an enclosed building.

b.

No outside storage or display of any kind except for the display of new merchandise related to the primary use of the facility and for retail sales during the hours of operation of the facility. There shall be no parking of damaged motor vehicles or storage of parts and junk vehicles outside the building.

c.

No auto repair will be permitted on property adjacent to residentially zoned property.

d.

In order to screen abutting properties and reduce any adverse impact the following regulations shall be required:

1.

Provide, at a minimum, a 20-foot side yard setback (a larger setback may be required depending on the location) with appropriate landscaping as is required to reduce any adverse impacts.

2.

Provide a ten-foot landscape strip along all street frontages.

3.

Locate buildings centrally on the property so that maximum setbacks can be obtained from abutting properties.

e.

Operating hours shall coincide with the city noise regulations.

10.

Off-site parking.

a.

Up to 30 percent of the minimum required parking may be provided at an off-site parking location;

b.

Valet parking may be permitted at the offsite parking location provided the spaces utilized for valet are above the minimum number of parking spaces required for the specific use;

c.

The off-site parking location must be improved as required by article XV, design and construction and article XII tree protection, landscaping and buffering;

d.

The off-site parking location shall be located within 650 feet of a public entrance to the structure or land area containing the use for which such parking spaces are required;

e.

A safe, direct, convenient, pedestrian route shall be provided between the off-site parking location and the use being served, i.e.: the construction of eight-foot sidewalks between the use and the off-site parking location;

f.

The off-site parking location and the use site shall be situated on the same side of the road;

g.

Low level lighting is required at the off-site parking location; and

h.

Additional buffering in the form of opaque screening shall be required for any off-site parking location adjacent to a residential use.

11.

Restrictive uses located within the Tampa Road Corridor.

a.

Shall not be less than 1,000 feet, measured property line to property line, from another restrictive use or adult use;

b.

Shall not be less than 500 feet, measured property line to property line, from a residentially zoned property, place of worship, school or child care facility;

c.

Shall not be less than 500 feet, measured property line to zoning district line, from the Town Center;

d.

All business activities shall occur within an enclosed building;

e.

No temporary or permanent outdoor display or storage of goods shall be permitted;

f.

The customer entrance door shall face the adjacent street, be transparent and not tinted to ensure visibility into the building;

g.

All windows shall be transparent, allow visibility into the building and shall not be blocked by window signage, shelving or merchandise;

h.

The use of chains and chainlink fences for security shall not be permitted;

i.

If window and/or door bars are used, the bars shall be decorative in nature and architecturally integrated into the building design;

j.

The site shall have lighting to provide illumination for security and safety of parking and access areas and shall be in conformance with city regulations as to not draw attention to the site;

k.

The colors of the building, roof and exterior amenities such as canopies, if used, shall be of a subdued and muted color; and

l.

The following additional regulations apply to all signs and sign types:

1.

Pole signs are prohibited;

2.

All wall and monument signs shall be compatible with the building's architecture and color scheme. Monument signs shall be limited to six feet in height and display the street address;

3.

All colors shall be subdued or muted;

4.

Canopy, cabinet and window signs are prohibited; and

5.

All sign lighting shall be automatically controlled so that the lighting is turned off at midnight or when the business is closed, whichever is later.

All facilities and operations shall meet: the requirements of the most recent edition of the National Fire Code as published by the National Fire Protection Association, chapter 10 D-56, of the Florida Administrative Code, and Control of Radiation Hazard Regulations, the most recent edition of the General Industry Standards published by the Occupational Health and Safety Administration of the U.S. Department of Labor and, when appropriate, other applicable state or nationally recognized standards for the protection of health, safety and welfare of employees. No operations or activities in this zone shall be conducted as to constitute a nuisance. Screening and landscaping, in addition to requirements as set forth in this Code, may be required when abutting residential districts to reduce any adverse impact on surrounding or abutting land uses.

(Ord. No. 95-22, § 1, 1-2-96; Ord. No. 2007-29, § 1, 12-4-07; Ord. No. 2008-03, § 6, 2-19-08; Ord. No. 2011-06, § 4, 7-5-11)

5.5.3.4. Prohibited uses.

The following uses are deemed to be incompatible for location in this zone and are therefore expressly prohibited:

1.

Wholesaling as a principal use.

2.

Manufacturing.

3.

Assembly processes involving the vulcanizing or bonding of rubber, or heating and bonding of plastics.

4.

All similar uses.

No uses shall be located in this district that will contribute to the deterioration of the air, water, visual or audible environment of the surrounding area. A 50-foot setback for all structures, including parking lots, will be required for any lands abutting residentially owned property.

5.5.3.5. Building height regulations.

Maximum building height: 35 feet.

5.5.3.6. Building site area requirements.

Minimum lot area: 10,000 square feet.

Minimum lot width: 75 feet.

Minimum lot depth: 100 feet.

5.5.3.7. Maximum impervious surface ratio.

Maximum impervious surface ratio (ISR): 0.70 percent.

5.5.3.8. Maximum floor area ratio.

Maximum floor area ratio (FAR): 0.45 percent.

5.5.3.9. Yard regulations (front, side, and rear).

Front: 35 feet.

Side: 20 feet.

Rear: ten feet.

5.5.3.10. Public /semipublic threshold.

Public/semipublic uses shall not exceed a maximum area of five acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

(Ord. No. 92-18, 4-20-93; Ord. No. 2007-29, § 1, 12-4-07)