HomeMy WebLinkAbout2010 04 26 Public Hearing 501 Second Reading Ordinance 2010-09 Abolishes The Board Of Adjustment CITY COMMISSION
ITEM 501
Information
Public Hearin X
Re ' ular
April 26, 2010
Meeting i /
Mgr. / tot. Pr
REQUEST: The Community Development Department — Planning Division and the City
Attorney request that the City Commission hold a Second Reading and Adoption Public Hearing for
Ordinance 2010 -09, which abolishes the Board of Adjustment and provides for its responsibilities to
be reallocated to the Planning and Zoning Board.
SYNOPSIS: This agenda item furthers the City Commission's directive resulting from the City
Commission workshop held on February 1, 2010, to abolish the Board of Adjustment and provide for
its responsibilities to be reallocated to the Planning and Zoning Board.
CONSIDERATIONS:
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Section 2(b), Article VIII, of the State Constitution regarding Home RulePowers
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances
FINDINGS
The City recognizes that the Board of Adjustment has taken their responsibility in the review of
waivers, variances, special exceptions, and administrative appeals very seriously and that the Board's
recommendations to the City Commission have been derived only after a thorough review of the
facts as they relate to the review criteria stipulated in the Code. As a result, the City Commission is
indebted to the Board of Adjustment for years of faithful service to the City.
However, with the advent of the development agreement, there are increasingly fewer applications
for waivers, variances, special exceptions, and administrative appeals. As a result, there are fewer
meetings of the Board of Adjustment and the demand for these services could be absorbed into and
provided by the Planning and Zoning Board.
Therefore, after considering these factors at a recent workshop reviewing the responsibilities of each
of the City's boards and committees, the City Commission determined and directed the consolidation
of the Board of Adjustment duties in with the duties of the Planning and Zoning Board resulting in
greater governmental efficiency and a more streamlined process. It was also determined that the
duties performed by the Board of Adjustment would not be compromised by the consolidation of
their duties into the Planning and Zoning Board.
April 26, 2010
Public Hearing Agenda Item 501
Page 2
FISCAL IMPACT:
Elimination of the Board of Adjustment will reduce City expenses particularly related to the City
Clerk's department.
COMMUNICATION EFFORTS:
Feb. 1, 2010- Commission Workshop to Review Citizen Boards and Committees
Commission Agenda Items are posted in City Hall and posted on City's Website
April 12, 2010 -1st Reading of Ordinance before the City Commission
April 15, 2010 - Public Noticing in Orlando Sentinel (10 days prior to Adoption)
STAFF RECOMMENDATION:
The Community Development Department — Planning Division and the City Attorney request that
the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2010 -09
(Reallocating the Duties of the Board of Adjustment to the Planning and Zoning Board).
ATTACHMENTS:
A- Noticing in Orlando Sentinel
B- Ordinance 2010 -09 Reallocating the Duties of the Board of Adjustment to the Planning and
Zoning Board
ATTACHMENTA
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ATTACHMENT B
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 stlikc„at 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 adj ubtluciil 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 buaid of adjuatuicnt 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 intuit 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 hvaid of adjutitiout. 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 board of adjastmuiit shall make findings that the requirements of each
portion of this section have been met. The city commission bum d 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 use of the lands,
buildings or other improvements.
(e) The city commission Wald of adjuatuic..ut 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 buaad of adj 1btui.ut 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
• -• • • ••a•, •• •• , • • •1 • 511 • • • •by • • .1 •.• •1
•1 .1 , • • ' • • • •■ .1 .1 , • • • • • •' ••.1 • •
• • • • - / - • • • . • 1 • • • • • • •1 • • • • • • • • 11
(L) 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 toLLIA. it 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 Comnussio . The Loa1d of adju 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 b
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. bua.id of adjustilicut
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 eitlivi the planning and zoning board vl the Laid of adjustweitl, 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 board of adj asturent 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 board-of adj-ust-ment nlannina and zoning board's recommendation, the city
commission shall make a final decision on the application. If the city commission determines that
the b ray dl of adj astm . ut nlannina 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 Wald of adjuathiCiit 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 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 Load of adjastuucut 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 Lnratl of adj ustuiciit plannine and zoning board's recommendation, the city
commission shall make a final decision on the application. If the city commission determines that
the bua1 of adjustment 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 board-of adj-ustmznt planning and zonine 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 board- ofustment plannine and zonine 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 hoard of adj ustintnt planning and zoning board's recommendation the city -
commission shall make a final decision on the application. If the city commission determines that
the board of adjustment 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 hoard of adjaati 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 Maid of adjustmeut 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 board of 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 Wald of adjutineut 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 rt nlannine 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 Load of adj abt►neiit planning and zoning board's
recommendation.
(e) Review of administrative decisions shall be based on the following criteria:
(1) Whether the applicant wasrproperly 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.
(al • • • . It shall be
the duty of the planning and zoning board to_
al 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.
14) To review and make recommendations to the city commission on anv 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 of procedure 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. th tLto, 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 cominence such duties on
the adoption of the comprehensive plan by the city commission.
* **
• : .:: -.'.: :
Sc. 1. 20 -76. C1 catiuu:
Theie is llcleby a buald of adjustment fur the city.
Sr.. . 20-77. COiupusltluu, appuiutu1CLt Vl LiCWUCL J.
The Wald of adju t11111t shall L.ullsist of fly. (5)1nembu1 ha Vill6 d scats Elie (1) tlllotl
five (5) with sd1.1111.n1 bcls Cou spolldill6' with a COnuil1Jsiu11 scat. l:al.11 111G111bGf sl all be a citizen
•1 • • • • • ■ •1 • • • • • • • • . • • • 1 - 9 • •
• • • • • • • •. • • Of • • • .1 • • • • • 1 '. • . •
• 1 - : , 1 1 , 1 .1 - , ' 1 1 1 • . 1 11 - 11 1 - .
• • •••• • • • • • •.A• ••9 1 1•5 • • •• . W U .1
• .1 • • • •1 • • • • • • • • 1 • / • • • • 11 • • • • •
'
• • • •1 ••.1 • • •• • • • • • • 1 / • • • • . .1 • • 1 •• •
fd11S tO a1J1JV1111 a 111■.111bG1 tVVo (2) 1Lgulculy Ji,lleda1ed t.O11u1115J1V11111Gt.tlll�'J aftcl a t'al.alll.y
• 4 • • • , • • • • • • • • • • • , • • • • • ' • •
• 1 1 - ' • , • • • . • • . • • • • 4 4 . • • • • • • • • -
CodL-
Sec. 20 -79. Reserved.
. ..
•-• 1 . 1 1 1 1 1 • 1 1 . 1 1 . 1 1 - •' 1 II - 1 1 1 1 /1 . 1
• 9 • • • .1 • • • • • • • 1 • • • 1 • •1 - • • • • . ■1 • • •
• • • q • ■1 A • .1 • •1 • 81 • • • .q • • • ■ O • •1 •
Se►..-20 -81. M cgs, qa°l inns, 1 cs.ui ds to Lc kept.
The-bcrard-trf 3djtustlln.nt shall 1ncct b11i1 11tllly al a tint.. inenlbcis. A Special 111CCt111 play
City of Winter Springs
Ordinance No. 2010 -09
Page 8 of 12
•
• • • • •• • • . • .1 • • • • • • •. • .• •
..
•••••• 1 • • • • • • • If •■ •■ , - • • •• • • • • b n - •••• -■ ••
,
• • • • • • • • • ••. •. • • • • • • • • • •
sllall be kept.
. i i . i • - 1 • .. • - , b- t - • .
(a) The Load of ad shall havc t11c followin s- pecific powers and duties: •
• - • • • • • • • . • • • • • • - • • r , • - • • .. • • • • - , • 1 , • • • • • - • • • • • • • • •• •. ' • • • •• • • •
• • • - - • : • •' • • b. • '• •••• • • ••'• • • - •• .
• •• •• • ■ .• • • • . • • • • • • • .• • . • • • • • •• ••
as piovidad iu this diaptcl.
use, as plovidc•d - u this -chapter:-
piovidcd ill tlus-thapter-
• •• .• • •• • • •. • • • • • •• • • •• • • :.•. ■
• • • •' • • • • • • • • of It by t11G Lay l•u11u.uission.
Lollflia with flak, pro visiotls of th•• Cock of tll,.. amit ui those stattatcs state whidt
are specifically appllk.ablc to n uuicipa1ities.
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 1Joa11 of adj astincut 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 theplannina and zoning board board - of•adjustment 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 Luaid of adjutilicitt city commission;
* **
Sec. 20 -332. Setbacks.
* **
The board of adjUStuiii1 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 plannina and zoning board board of adjustnient for compliance with this section and
other applicable provisions of the City Code. Upon review, the planning and zoning board
- buai dof adjustment shall make a recommendation to the city commission of either approval, -
approval with conditions, or denial.
Sec. 20 -465. Setbacks.
* **
The buaid of adj uJtui iit 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 i,uraid of adj ustrii.L.Art 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 day of 2010.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2010 -09
Page 12 of 12
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.
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Codc.
Sec. 20 -79. Reserved.
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City of Winter Springs
Ordinance No. 2010 -09
Page 8 of 12
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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