(A) Description of district. This district is established in order to identify and provide those geographic areas within the city that are appropriate for the development and maintenance of a light industrial, office, manufacturing, and warehousing environment. The purpose of this district is to provide primarily for compatible wholesale, distribution, and light manufacturing options, none of which require large areas for outdoor storage or display, and that do not involve the use of materials, processes, or machinery likely to cause undesirable effects upon neighboring properties. Areas of the city for which this zoning category is appropriate are indicated on the land use map as industrial.
(B) Permitted and conditional uses. No building or land in the M-1A District shall be used, and no building shall be hereafter erected, structurally altered, or enlarged, except for the permitted and conditional uses listed below. Conditional uses are permitted only after approval in accordance with §§ 154.70 through 154.73.
(1) Permitted uses:
(a) Any use permitted in the PO District.
(b) Manufacturing and assembly of:
1. Electronics, scientific, optical products
2. Automotive, vehicle parts
3. Construction products
4. Machinery
5. Aircraft and aircraft parts
6. Plastics
7. Food products
8. Fasteners/spacers
9. Other manufacturing uses listed in the City of Lake Mary Economic Development Incentive Policy.
(c) Warehouses, storage, and wholesaling buildings.
(d) Restaurants and family restaurants, but not drive-ins.
(e) Motion picture, radio broadcasting and telecasting station studios and offices.
(f) Wholesale and commercial bakeries.
(g) High technology uses:
1. Research and development laboratories
2. Space technology
3. Simulation and training
4. Laser technology
5. Robotics
6. Computer software and hardware
7. Medical labs
8. Testing
(h) Distribution uses:
1. Food products
2. Consumer products
3. Restaurant/commissary and portion control
4. Air cargo/mail services/delivery services
5. Motion picture and television support
6. Durable goods
7. Nondurable goods
(i) Financial services/data centers.
(j) Commercial printers and photographic laboratories.
(k) Retail manufacturing outlet store.
(2) Conditional uses:
(a) Hotels and motels.
(b) Reserved.
(c) Hospitals and nursing homes.
(d) Adult congregate living facilities.
(e) Reserved.
(f) Community services and facilities.
(g) Any permitted use requiring a structure exceeding the maximum allowable building height.
(h) Reserved.
(i) Private and retail recreational facilities.
(j) Child care centers.
(k) Parking garages
(l) Pain management clinic.
1. Such uses shall comply with the following criteria:
a. No co-location (on the same property) with a pharmacy;
b. Minimum separation of 1,000 feet from another pain management clinic, or any pre-existing pharmacy, school (VPK through 12), place of worship, daycare center, assisted living facility, nursing home or residential dwelling unit(s) unless a variance is granted pursuant to § 154.25 of the city's Code of Ordinances;
c. Maximum hours of operation shall not exceed 7:00 a.m. to 9:00 p.m. of the same day;
d. Shall not restrict payment options to "cash only";
e. No outdoor customer seating areas, queues or waiting areas;
f. All activities shall be conducted within a building, and adequate indoor waiting areas shall be provided;
g. No on-site consumption of alcoholic beverages, including parking areas.
2. A business tax receipt issued by the city is required for a pain management clinic to operate. In part, the issuance of a business tax receipt is contingent upon the following:
a. Documentation that owner(s) of the pain management clinic is a physician(s) licensed to practice in the State of Florida;
b. Documentation that the owner(s), physician(s) and/or clinic employees have not been charged with a disciplinary action and/or convicted of a felony within the last five years.
c. Documentation of state registration under F.S. § 458.3265 or § 459.0137, or documents evidencing that the clinic does not need to register with the state.
3. Noncompliance with the provisions of § 154.65(B)(2)(l)2.a. through c. above is grounds for the city to deny a request for the issuance of a business tax receipt and the revocation of a previously issued business tax receipt.
4. This subsection shall not be construed as authorizing a "pill mill" which is prohibited by § 154.120 of the city's Code of Ordinances.
(C) Site development standards. All M-1A land uses are subject to site plan approval in accordance with Chapter 156. The following standards are also hereby established to maintain the purpose of the district, to promote the functional compatibility of uses, to promote the safe and efficient circulation of pedestrian and vehicular traffic, and to otherwise protect the public health, safety, and general welfare:
(1) Minimum site size, one acre.
(2) Reserved.
(3) Access requirements must comply with Chapter 155, Appendix A, Street System Regulations.
(4) Minimum setbacks. Minimum setbacks and buffers shall conform to Chapter 157 of the land development code, but in no case shall a streetside setback be less than 25 feet from the building line. Buildings exceeding two stories must be set back a minimum of 25 feet from all property lines.
(5) Maximum building height, 45 feet.
(D) Off-street parking. Off-street parking and loading shall be provided in accordance with Appendix B of Chapter 155.
(E) Additional requirements.
(1) Public utilities must be in accordance with Chapter 155, Appendix D.
(2) Lakefront regulations are included in § 154.12.
(3) Signs are permitted in accordance with Chapter 155, Appendix I.
(4) Mechanical equipment. Mechanical equipment such as air conditioners, ventilation equipment, refrigeration systems, heating units, incinerator units and satellite dishes must be screened so that they are not visible from Lake Emma Road, Emma Oaks Trail or Rinehart Road right-of-way. The point(s) at which visibility shall be determined shall be six feet above the point(s) on the western right-of-way line of Rinehart Road nearest the property line of the subject site. The screen shall consist of a solid wall, parapet or other similar screening material which is architecturally compatible and consistent with the associated building. If landscaping is utilized as a screen, the planting(s) must be high enough within one year of planting to provide a screen which will screen the entire unit with a minimum of 75% opacity.
(5) School location, regulations and requirements are included in § 154.68.
(Ord. 241, passed 11-27-85; Am. Ord. 422, passed 4-6-89; Am. Ord. 529, passed 12-6-90; Am. Ord. 594, passed 3-5-92; Am. Ord. 799, passed 9-5-96; Am. Ord. 869, passed 2-19-98; Am. Ord. 931, passed 6-3-99; Am. Ord. 990, passed 8-3-00; Am. Ord. 1219, passed 11-2-06; Am. Ord. 1475, passed 12-20-12) Penalty, see § 154.999