title
ELECTRIC GOLF CARTS (B)
Ordinance No. 100023; Petition No. PB-10-22TCH
An ordinance of the City of Gainesville, Florida, amending Section 30-23 of the Land Development Code of the City of Gainesville, by defining "electric golf cart"; amending Section 30-61(c) of the Land Development Code, by adding "Retail sales of electric golf carts" to the list of permitted uses by special use permit in the General Business District (BUS); creating and adding Section 30-119 to the Land Development Code, by adding "Retail sales of electric golf carts" to the list of specially regulated uses and imposing conditions on the use; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
This Petition and Ordinance will allow sales of electric golf carts in the General Business (BUS) zoning district, but only by special use permit as a specially regulated use. Currently automotive and other vehicle sales (which staff interprets to include golf carts) are classified under MG 55 - Automotive Dealers and Gasoline Service Stations, a use that is not permitted in the BUS district.
The Petitioner is seeking this amendment to the land development code in order that a retail store that sells batteries of all types (permitted by right in the BUS district as an IN533 - Auto and Home Supply Store) can also sell a limited number of electric golf carts.
This amendment defines electric golf carts to exclude low-speed vehicles (which can look similar to golf carts) that can be registered and legally operated on Florida streets where the posted speed is 35 miles per hour or less. This exclusion is in accord with the Petitioner's request to limit the proposed use to the sale of electric golf carts. The specificity of the proposed definition also serves to prohibit the sales of other off-street vehicles, including but not limited to gas or electric-powered ATVs (all-terrain vehicles) or motor scooters in the BUS district. It is a stated concern of the Petitioner and it is a concern of staff that the proposed use be very specifically defined so that the addition of electric golf cart sales as a use by special use permit does not open the BUS district to other motor vehicle sales. Staff believes that the proposed definition sufficiently addresses this concern.
Requiring the proposed use to be a specially regulated use with conditions will further restrict the sales of electric golf carts in the BUS district, and signal the City's intent to limit the expansion of motor vehicle sales outside of the BA (Business automotive), BI (Business industrial), and I-1 (Limited industrial) districts where they are currently permitted by right. Requirements pertaining to the outdoor storage and display of electric golf carts and landscaping and buffering are needed, and were developed by staff, supported by the Petitioner, and recommended by the Plan Board.
Public notice was published in the Gainesville Sun on April 4, 2010. On April 22, 2010, the City Plan Board heard the Petition and, by a vote of 6-0, approved the Petition with amendments to the landscaping requirements.