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Board of Adjustment Appeal - Appeal of the Planning Manager’s Interpretation determining that the rental, sales and service of construction equipment is not a permitted use within the Highway 46 Commercial Planned Development (DO#24-20500014); (Tad Dixon, Appellant) District 5 - Herr (Joy Giles, Planning Manager)
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Department/Division:
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Development Services - Planning and Development
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Authorized By:
Mike Rhodes - Development Services Director
Contact/Phone Number:
Joy Giles - 407-665-7399
Motion/Recommendation:
1. Uphold the Planning Manager’s interpretation determining that the rental, sale, and service of construction equipment is not a permitted use within the Highway 46 Commercial PD (DO #24-20500014); or
2. Overturn the Planning Manager’s interpretation determining that the rental, sale, and service of construction equipment is not a permitted use within the Highway 46 Commercial PD (DO #24-20500014); or
3. Continue the request to a time and date certain.
Background:
On March 11, 2025, the Board of County Commissioners approved the Highway 46 Commercial Small Scale Future Land Use Map Amendment and Planned Development Rezone (DO#24-20500014) for the property located at 3550 West State Road 46, Sanford, Florida. The approved development was represented as a Tesla Collision Center and associated uses.
On April 23, 2026, the applicant submitted a formal request for interpretation pursuant to Section 30.3.2.2 of the Seminole County Land Development (SCLDC), requesting a determination that the rental, sale, and service of construction equipment, including lifts, excavators, generators, and similar equipment, is a permitted use within the approved Planned Development.
On May 8, 2026, the Planning Manager issued a formal interpretation determining that the rental, sale, and service of construction equipment is not a permitted use within the PD Development Order (DO) #24-20500014. The interpretation concluded that the use, as described by the appellant, includes outdoor storage and staging of construction equipment and that such equipment does not qualify under the DO’s limited exception for vehicle storage and display, and therefore, conflicts with the DO’s prohibition of outdoor storage of merchandise and materials.
The applicant subsequently filed an appeal of the Planning Manager’s interpretation.
DEVELOPMENT ORDER PROVISIONS
The following provisions of DO#24-20500014 are relevant to this appeal:
• The rental, sale, service, and storage of new and pre-owned automobiles and energy products and related parts and accessories are permitted.
• Uses permitted within the C-2 (General Commercial) zoning district are permitted.
• Outdoor storage of merchandise and materials is prohibited, except for vehicle storage and display.
In applying these provisions, the Planning Manager also relied upon the SCLDC definition of a vehicle, which is defined as:
“A form of transportation, including motorized and nonmotorized vehicles, designed and required to be licensed for use upon a highway in the State of Florida.”
STAFF ANALYSIS
The appellant requested a determination that the rental, sale, and service of construction equipment, including lifts, excavators, generators, and similar equipment, is a permitted use under the approved DO and the C-2 standards incorporated therein.
In evaluating the request, staff reviewed the operational characteristics of the use as described by the appellant. Staff determined that a principal component of the use includes outdoor storage and staging of construction equipment.
The DO expressly prohibits outdoor storage of merchandise and materials while providing a limited exception for vehicles storage and display. The DO does not create a general allowance for the outdoor display of inventory or equipment. Rather, it provides a specific exception for vehicle storage and display. Therefore, in determining whether the requested use is permitted, staff evaluated whether the proposed outdoor placement of construction equipment qualifies under the DO’s vehicle storage and display exception.
The Planning Manager applied the LDC definition of a vehicle, which requires that a vehicle be designated and required to be licensed for use upon a highway in the State of Florida. Construction equipment such as lifts, excavators, generators, and similar machinery is not designed and required to be licensed for use upon a highway and therefore does not meet the SCLDC definition of a vehicle.
Because the proposed equipment does not qualify as a vehicle under the SCLDC, the outdoor placement of such equipment does not fall within the DO's exception for vehicle storage and display. Accordingly, staff determined that the requested use is not authorized by the specific provisions of the DO in regard to outdoor storage and display.
The appellant argues that equipment rental should be considered a commercial use and cites examples of similar businesses operating elsewhere within commercial zoning districts. While staff considered those arguments during its review, the determination ultimately rests on the specific provisions of the approved DO for this property.
In summary, staff determined that the rental, sale, and service of construction equipment is not a permitted use within the PD, because the requested use includes the outdoor placement of construction equipment, the Development Order only provides an exception for vehicle storage and display, and the equipment described by the appellant does not qualify as a vehicle under the Seminole County Land Development Code.
Staff Recommendation:
Staff recommends that the Board of Adjustment uphold the Planning Manager’s interpretation that the rental, sale, and service of construction equipment is not a permitted use within the Highway 46 Commercial PD (DO#24-20500014).