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HomeMy WebLinkAboutOrdinance 2010-09 Reallocating Duties Of The Board Of Adustment ORDINANCE NO. 2010 -09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; REALLOCATING DUTIES OF THE BOARD OF ADJUSTMENT TO THE PLANNING AND ZONING BOARD; ABOLISHING THE BOARD OF ADJUSTMENT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, combining the duties of the Planning and Zoning Board and the Board of Adjustment under one board will streamline and provide efficiency of services; and WHEREAS, combining the duties of the Planning and Zoning Board and the Board of Adjustment under one board is economically efficient for the City; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapters 6, 9, and 20, are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks ( * * *) indicates unchanged text that has been omitted from this Ordinance. (It is intended that the text in Chapters 6, 9, and 20 denoted by the asterisks and omitted from this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). * ** Sec. 6 -300. International Property Maintenance Code. * ** (g) Section 111 is amended is as follows: (1) The code enforcement board shall serve as the board of appeals under the Maintenance Code. City of Winter Springs Ordinance No. 2010 -09 Page 1 of 12 (2) Section 111.1 is deleted in its entirety and shall read as follows: Any person directly affected by an administrative decision of the code official shall have the right to appeal to the board of appeals adjustment an interpretation or application of the Maintenance Code by filing a notice of appeal with the code official within twenty (20) days of said interpretation or application. However, once a code official or the city has initiated enforcement proceedings under the Maintenance Code, a person is barred from bringing an appeal under this section related to the interpretation or application of any provision of the Maintenance Code which is the subject matter of the enforcement proceeding until such time the enforcement proceeding has been concluded through all appeals. * ** Sec. 9 -5. Variances. (a) The city commission may grant a variance from the terms of this chapter when such variance will not be contrary to the public interest, and where owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardships. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of this chapter. (b) A written application for such variance must be submitted demonstrating that special conditions exist which are peculiar to the lands, structures or required subdivision improvements involved and which are not applicable to other lands, structures or required subdivision improvements. Application shall be accompanied by the fee for a variance as specified in the fee schedule currently in effect. (c) Before any variance shall be granted, a public hearing on the proposed variance shall be held by the city commission . Notice of such public hearing shall be published fifteen (15) days prior to the hearing in a newspaper of general circulation in the county. Such notice shall also be posted fifteen (15) days prior to the hearing in three (3) separate places in the city, and be mailed to all persons who are record owners of property within one hundred fifty (150) feet of the subject property. (d) The city commission shall make findings that the requirements of each portion of this section have been met. The city commission board-of-adjustment shall further make a finding that the reasons set forth in the application justify granting of the variance and that the variance is the minimum variance that would make possible the reasonable use of the lands, buildings or other improvements. (e) The city commission shall make a further finding that the granting of the variance would be in harmony with the general purpose and intent of this chapter and will not be injurious to the surrounding territory or otherwise detrimental to the public welfare. (f) In granting any variance, the city commission may prescribe appropriate conditions and safeguards, to such variance, and when made a part of the terms which the variance is granted a violation of any term or condition shall be deemed a violation of this chapter and shall be punishable as such. Sec. 9 -6. Appeals from granting of variances. City of Winter Springs Ordinance No. 2010 -09 Page 2 of 12 • - • 1 • , • • •1 ■, • • • • , • 11•1 • 11 • 1 • •, • • 1 • •1 - • •1 • ••1 , • • 1 • - .1 - • .1"•4 •1 , • • • • • • • • • • .1 • • • • 1 • • . • • • • • • • • • • • • • • • 1 • 1/1 (b)- Any interested party aggrieved by a variance decision by the city commission may appeal the decision to a court of competent jurisdiction. Sec. 9 - 7. Enforcement and penalties. (a) The city commission coum,il or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this chapter, including injunctive relief, to enjoin and restrain any person from violating the provisions of this chapter and any rules and regulations adopted under this chapter, and the court may, upon proof of the violation of this chapter, issue such temporary and permanent injunctions as are necessary to prevent the violation of this chapter. (b) Any person violating or failing to comply with the terms and provisions specified herein, shall be punished, upon conviction and at the discretion of the court, by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not exceeding sixty (60) days, or by both fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense. * ** Sec. 9 -278. General Provisions for off - street parking. * ** (14) Powers of variance of City Commissionbuard L udju,t..rei� The city commission is hereby authorized and empowered after a proper hearing thereon with due notice to the interested parties, to permit a variation or modification in the required location of off - street parking space, if after investigation by such board it is found that such variation is necessary to prevent unreasonable hardship or to secure an appropriate development of a specified parcel of land which has peculiar or exceptional geographical or topographical conditions, or is a size, shape, dimension, or location that it cannot be reasonably developed in accordance with the provisions of sections of this Code, as herein authorized will not be inconsistent with the spirit and purpose of this section. In granting any variations or modifications as herein authorized such tment city commission may impose conditions and limitations in respect to the proposed use and development of the premises as in its judgment are necessary in order to provide adequately for the public safety and to do substantial justice to the parties involved, having in mind the public interest, safety and welfare in connection therewith; provided, however, that nothing herein shall be construed to limit or curtail the existing authorities and powers of the city commission., board and this provision shall be deemed cumulative, and in addition to such existing powers and authorities. * ** Sec. 20 - 30. Staff Review. (a) The city staff shall be required to review all applications for rezonings, variances, conditional uses, waivers, and administrative appeals, and make written recommendations to the board planning and zoning board and the city commission. City of Winter Springs Ordinance No. 2010 -09 Page 3 of 12 (b) Upon completion of the written recommendation, city staff shall forward the application along with the recommendation, to either -the planning and zoning board , as required by this division, for a duly noticed public hearing. * ** Sec. 20 -32. Variances. (a) Any real property owner may file a variance application requesting variance from this chapter for their real property. (b) The planning and zoning board shall be required to review all variance applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable variance criteria set forth in this section. (c) Upon receipt of the boar planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the b planning and zoning board's recommendation. (d) All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criterion: (1) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. (2) That literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. (3) That the special conditions and circumstances referred to in subsection (d)(1) of this section do not result from the actions of the applicant. (4) That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. (5) That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. (6) That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Sec. 20 -33. Conditional uses. (a) Any real property owner may file a conditional use application requesting a conditional use of City of Winter Springs Ordinance No. 2010 -09 Page 4 of 12 their real property providing the conditional use is listed in the applicable zoning district category. (b) The board planning and zoning board shall be required to review all conditional use applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section. (c) Upon receipt of the board-of-adjustment planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the nt planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the tment planning and zoning board's recommendation. (d) All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the conditional use, including its proposed scale and intensity, traffic- generating characteristics, and offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off - street parking, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. (3) Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. (4) Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. (5) Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (6) Whether the proposed use will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. (7) Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. Sec. 20 - 34. Waivers. (a) Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category) if the property owner clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently City of Winter Springs Ordinance No. 2010 -09 Page 5 of 12 unreasonable result. (b) The planning and zoning board shall be required to review all waiver applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth in this section. (c) Upon receipt of the rt planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the ment planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the adjustment planning and zoning board's recommendation. (d) In addition to the standard set forth in paragraph (a) above, all waiver recommendations and final decisions shall also comply with the following criteria: (1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. (2) The proposed development plan will significantly enhance the real property. (3) The proposed development plan serves the public health, safety, and welfare. (4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. (5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. (6) The proposed development plan is compatible with the surrounding neighborhood. Sec. 20 -35. Administrative appeals. (a) Any final administrative decision regarding the enforcement or interpretation of this chapter, where it is alleged there is an error by an administrative official, can be appealed as set forth in this section. (b) Appeals shall be taken within thirty (30) days after such administrative decision is made by filing a written notice of appeal with the city manager stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal, the city manager shall schedule the appeal before the tment planning and zoning board and transmit all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. (c) The bozo adjustment planning and zoning board shall be required to review all administrative appeals and make a recommendation to the city commission. (d) Upon receipt of the ern planning and zoning board's recommendation, the city commission shall make a final decision on the administrative appeal. If the city commission City of Winter Springs Ordinance No. 2010 -09 Page 6 of 12 determines that the tment planning and zoning board has not made a recommendation on an administrative appeal within a reasonable period of time, the city commission may, at its discretion, consider an application without the boar planning and zoning board's recommendation. (e) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly afforded procedural due process; (2) Whether the decision under review is supported by competent, substantial evidence; and (3) Whether the decision under review complied with applicable law, including a proper interpretation of any provision under this chapter. (f) The city commission shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officers from whom the appeal is taken. * ** DIVISION 2. PLANNING AND ZONING BOARD * ** Sec. 20 -57. Duties; general. It shall be the duty of the planning and zoning board to_ W recommend to the city commission the boundaries of the various original zoning districts and appropriate regulations to be enforced therein and any proposed amendments thereto and to shall collect data and keep itself informed as to the best practices generally in effect in the matter of city planning and zoning to the end that it may be qualified to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. The board shall recommend the boundaries of districts and appropriate regulations. (2) To hear and make recommendations on appeals only where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulations adopted, as provided in this chapter. (3) To review and make recommendations to the city commission on any application for variance, as provided in this chapter. (4) To review and make recommendations to the city commission on any application for conditional use, as provided in this chapter. (5) To review and make recommendations to the city commission on any application for City of Winter Springs Ordinance No. 2010 -09 Page7of 12 waiver, as provided in this chapter. (6) To hear and make recommendations on such other matters and issues and give such guidance as may be required by law or requested of it by the city commission. (b) The planning and zoning board may recommend such rules ofprocedure as are necessary and not in conflict with the provisions of the Code of Ordinances of the city, or those statutes of the state which are specifically applicable to municipalities. In addition to the duties set forth above, thereto the planning and zoning board shall serve as the local land planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state and the board shall commence such duties on the adoption of the comprehensive plan by the city commission. * ** Sec. 20 -76. CI cation. Su... 20 -77. Composition, appoi..l..lent ufi..embe. • 1 .1 • • •• . . • • • . - - . ' . - . - • .. • . • • •• • • •• • • -' 1 . • • • • • • •. • • • • •1 • • . 1 1 9 1' - - • • - - , • • • ..• • •• • . • • • • • •. - • • • . .1. Svc. 20 -78. Tv1.11, f lli.l v acan...it3, 1 G...oval of .i.v..ibvz . • . .. 1 • • • • • • • • • • • • •. • .. • : • • •, •. ., -- . •••11 • • • •• • - -• • •. • • 11 I • .. • • .. � . • 1 • 1 .1 • • • • .1 • , • . • . • . . ., . - . • •.•.1 • 1 •• .•• :..1 • 1• • • • • -- . . ., • • I 1 • .' . . • • . • . • • •. . • 1 • • '• • . • ' • • - • • 11 • • ' • • • • • 1 • • • • • • • Codc. Sec. 20 -79. Reserved. 1 • • 1 , • 1 • - 1 . 1 1 1 1 1 • 1 - 1 • 1 . . • 11.10 1 .1 • 1 • • . - . • • • - • • • • . • • • •1 . • .4 1 - •I ■1 1 1' .1 1 • - . - - . ■ • • • • • • • • . • • 11 . = ' . 1 1 1 , - 1 1 1 1 - - • . 1 1 .1 • • •Il • • • • . • • • • - - . - . . - - • City of Winter Springs Ordinance No. 2010 -09 Page 8 of 12 • • • • •1 • • • • •1 • •1 • 1 • • . - • • • • .1 1 • • • • 1 • 1 1 1 • 'V • • • • • • • •• • • . • • • • • • • • • • • • • • • 1 • 1 • • • • • • • 1 • • , • 1 • • • • • • • 1 • 1 • •• • • • 1 • 1 • • • • • • • • , 1 • • • • • • • • • shall-be-kept- See • • • • •• • • • • • • • • • • • •• • • • •• •• • • • 1 •1 • • •1 • •• • • ••1 • • "• •• - • - • - - - • • • • 1 • • , • • 1 • • • • • •' •1 • • • • • • 1 • •1 • • 1 • .1 • • • • • • • • • •, • • • ' • • • • • • • •1 • • 1 • • • • • • • • 1 • • • • 1 • • • 1 • • • • • 1 • .1 • • - • - • • •1 • •1 • • • • • • 1 • • • 1 • • • • • • • • • • • 1 • 1 •1• .1 • 1•• • • • •• • • .1•••• • • • •• • ,• • •1 .1 • •1 • • ■ 1 • • • • • • - • .1 • • • - • • • • 41 • •• • • • • • ' • ■• • 11 • • • ' - • • _ - • • - - • • 1 •1 • • • 1 • •• • • • 1 • 1 • • • - • • •1 ' •1 1 • 1 • • • • • 1 1 • • W • •1 1 • •, • • • • • • •' •1 1 • • • • • • • • 1 1 11 • • 1 Sec. 20 -142. Uses permitted. Within any R -CI Single - Family Dwelling Districts, no building, structure, land or water shall be used except for the following use: (1) Single - family dwellings and their customary accessory uses. (2) Horses and ponies, allowing three - fourths of an acre per animal not to exceed ten (10) animals per lot; provided however, horses and ponies can be permitted on less than three - fourths of an acre upon recommendation by the board planning and zoning board. * ** Sec. 20 - 163. Conditional Uses. (d) Applicants for a conditional use for the location of a church in any residential zoning district shall City of Winter Springs Ordinance No. 2010 -09 Page 9 of 12 furnish the planning and zoning board trnent with the following information and shall provide the minimum setbacks, off - street parking and sidewalks as set forth herein, as follows: * ** Sec. 20 - 267. Uses permitted. Within any R -U Rural Urban Dwelling District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Forests, groves, farms and truck gardening, including usual farm building structures and livestock; (2) Nurseries and greenhouses; (3) Public recreation areas and facilities; (4) Private clubs, including golf courses and recreational uses; except skeet and gun clubs or commercial amusement enterprises operated entirely for private profit; (5) Public schools and private educational institutions having a curriculum the same as ordinarily given in public schools. Other schools not having a curriculum may be operated, provided a permit therefor is first obtained from the city commission; * ** Sec. 20 -332. Setbacks. * ** The planning and zoning board will consider any request for the placement of such other improvements within a setback, only after a development review committee review and recommendation. In determining whether to recommend city consent, the development review committee may consider, without limiting the scope of their review, the following: (i) the extent to which any hardship exists that would justify a variance from the normal setback requirements; (ii) the aesthetics of the proposed improvements and their visibility from common roads and adjacent properties; (iii) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improvements. It is the owner's burden and responsibility to provide such information and documentation as may be requested by the development review committee in order to justify to the development review committee that the intrusion of additional improvements within the normal setbacks is beneficial to the corridor and will not adversely affect adjacent property owners. * ** Sec. 20 -451. Telecommunications towers. * ** City of Winter Springs Ordinance No. 2010 -09 Page 10 of 12 (e) Site plan; application; technical supporting data. (1) Any telecommunications company or entity that intends to install a telecommunications tower in the city shall file a site plan for review and approval by the city in accordance with the City Code. All proposed towers requiring conditional use approval shall be reviewed by the planning and zoning board boarcFof adiustmecit for compliance with this section and other applicable provisions of the City Code. Upon review, the planning and zoning board shall make a recommendation to the city commission of either approval, approval with conditions, or denial. * ** Sec. 20 -465. Setbacks. * ** The adjustment planning and zoning board will consider any request for the placement of such other improvements within a setback, only after a design review board review and recommendation. In determining whether to recommend city consent, the design review board may consider, without limiting the scope of their review, the following: (i) the extent to which any hardship exists that would justify a variance from the normal setback requirements; (ii) the aesthetics of the proposed improvements and their visibility from common roads and adjacent properties; (iii) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improvements. It is the owner's burden and responsibility to provide such information and documentation as may be requested by the design review board in order to justify to the design review board that the intrusion of additional improvements within the normal setbacks is beneficial to the corridor and will not adversely affect adjacent property owners. * ** Sec. 20 -482. Setbacks. * ** The boanFafatustment planning and zoning board will consider any request for the placement of such other improvements within a setback, only after a design review board review and recommendation. In determining whether to recommend city consent, the design review board may consider, without limiting the scope of their review, the following: (i) the extent to which any hardship exists that would justify a variance from the normal setback requirements; (ii) the aesthetics of the proposed improvements and their visibility from common roads and adjacent properties; (iii) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improvements. It is the owner's burden and responsibility to provide such information and documentation as may be requested by the design review board in order to justify to the design review board that the intrusion of additional improvements within the normal setbacks is beneficial to the corridor and will not adversely affect adjacent property owners. * ** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Ordinance No. 2010 -09 Page 11 of 12 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 26th day of April, 2010. Aie JO I F. BUSH, Mayor ATTEST: IF ` A RENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the City i v m • r Springs only: ANTHONY A. ARGANESE, City Attorney First Reading: April 12, 2010 Second Reading: April 26, 2010 Effective Date: April 26, 2010 City of Winter Springs Ordinance No. 2010 -09 Page 12 of 12