Submitted By: Emily W. Johnson
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Presentation By: Emily W. Johnson
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
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Public Hearing to amend the code of ordinances permitted uses of the M-1, Light Industrial, zoning district to include Churches/Places of Worship on major and minor arterial roadways subject to supplemental regulations (COD25-0003).
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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• Applicant: A Plus Homes Inc.
• Agent: James W. Gooding, III, Gooding and Batsel, PLLC
BACKGROUND:
The applicant owns property along SW 17th Street (SR 464) and initially inquired about a rezoning to allow a church/place of worship or a medical/dental office. However, the surrounding area between US 441 and SW 19th Avenue Road is industrial and a part of the Ocala Industrial Park. An alternate zoning district would raise the question of compatibility with the surrounding area. The applicant elected to amend the code to allow greater flexibility. Their agent subsequently prepared an amendment to the Code of Ordinances requesting to amend the permitted uses of the M-1, Light Industrial, zoning district to include church/place of worship and medical/dental offices on major and minor arterial roadway uses.
Review of the code amendment request by staff discovered that the definition of medical and dental laboratories (currently a permitted principal use in the M-1 zoning district) encompasses medical and dental offices. Staff notified the applicant that this request was unnecessary and recommended removal from the proposed amendment, while also noting concerns with the introduction of heavy pedestrian activity within a light industrial zoning district, traffic circulation and parking demands associated with churches and places of worship. The applicant’s agent provided an updated amendment, which is being presented that addresses considerations for location and special exceptions for accessory uses customary to a church and places of worship.
The Ordinance proposes the following changes to the permitted uses chart and supplemental regulations for churches/places of worship:
• Amends the permitted uses chart and associated legend (Section 122-287) to reflect churches/places of worship as permitted in the M-1 zoning district, subject to supplemental regulations contained under Section 122-1195.
• Amends the intent and purpose of the M-1 zoning district (Sec. 122-761) to allow for other compatible uses.
• Amends the permitted principal uses of the M-1 zoning district (Sec. 122-762) to include church/place of worship on major and minor arterials.
• Amends the supplemental regulations for church/place of worship (Section 122-1195) to reflect that a church/place of worship is permitted in the M-1 zoning district only on major and minor arterial roadway. Specifies that any private school or daycare use associated with a church/place of worship in the M-1 zoning district shall require a special exception.
Recent changes to state law, including the enactment of F.S. Chapter 2025-190 (formerly SB 180), took effect on July 1, 2025. This statute prohibits municipalities from adopting more restrictive or burdensome code amendments within one year following a hurricane’s landfall. Hurricane Milton, the most recent storm to impact the city, made landfall on October 9, 2024. The proposed amendment is not considered more restrictive or burdensome, as it would make allowances for a previously prohibited use within the M-1 zoning district, subject to supplemental regulations.
FINDINGS AND CONCLUSIONS:
• The proposed amendment would allow for churches/places of worship along major and minor arterial roadways in the M-1 zoning district.
• The proposed amendment is consistent with the requirements for daycares in the M-1 zoning district, which require special exception approval.
• The proposed amendment requires a private elementary or secondary school associated with a church/place of worship in the M-1 zoning district to obtain a special exception. Private elementary or secondary schools are otherwise not permitted in the M-1 zoning district.
• The proposed amendment does not conflict with F.S. Chapter 2025-190.
• The proposed amendment does not conflict with the Property Rights Element of the Comprehensive Plan.
Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW:
The ordinance will be reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table