HomeMy WebLinkAbout2001 01 22 Public Hearings D Second Reading - Ordinance 2001-06 Parking in Residential Areas
COMMISSION AGENDA
ITEM F
Consent
Informational
Pu bUe Hearing X
Regular
J anuaty 22. 2001
Meeting
!::(!J:~~.~
AUthOrization. .
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission holds a second reading of Ordinance 2001-06 that amends the
code dealing with parking in residential areas.
PURPOSE:
The purpose of this agenda item is to request the City Commission holds a secoond reading of
Ordinance 2001-06 that deals with parking in residential areas.
APPLICABLE. LA W AND PUBLIC POLICY:
Under current regulations, recreational vehicles, including boats, trailers, and campers are
prohibited from temporarily being parked in front yards and driveways, (Section 20-411),
Ordinance 2001-06 would allow for the temporary parking of these vehicles in driveways for the
purpose of loading, unloading and routine maintenance.
CONSIDERATIONS:
At the November 27,2000 meeting, the City Commission directed Staff to prepare an
amendment that would allow the temporary parking of recreational vehicles not otherwise
prohibited for a 48-hour time period,
At the December 11,2000 meeting, the City Commission directed Staff to review the
tenninology used in the ordinance and advise as to the appropriate tenninology to be used for
describing the land surrounding the residence. After further review, Staff is recommending the
use of the word "yard" because it is a zoning tenn of art defined in the City zoning code. See a
JANUARY 22,2001
PUBLIC HEARING AGENDA ITEM
Page 2
copy of the various definitions of "yard" contained in the zoning code which are attached to this
item,
At the January 8, 2001 meeting, the City Commission approved Ordinance 2001-06 and directed
Staff to prepare a second reading for adoption.
STAFF RECOMMENDATION:
Staff recommends the City Commission holds a second reading of Ordinance 2001-06 to adopt.
ATTACHMENTS:
A. Section 20-411, City Code
B. Ordinance 2001-06
C, Zoning code
D. Legal Ad
COMMISSION ACTION:
ATTACHMENT A
~ 20-411
WINTER SPRINGS CODE
ARTICLE V. SUPPLEMENTAL DISTRICT
REGULATIONS
DIVISION 1. GENERALLY
Sec. 20-411. Trailers.
No house trailers will be permitted in residen-
tial zone areas except for residential zones specif-
. ically providing for mobile homes. Campers, camp
trailers and boats and trailers will be permitted if
. kept in a garage, carport, rear yard or side yard
not fronting on any street, providing no one
occupies them.
(Ord. No. 44, S 44.74, 1-8-68)
Sec. 20-412. Trailer uses.
Trailers may be kept only in areas designated
as trailer parks, except as designated in section
20-432. A temporary permit may be obtained from
the city commission for use in commereial, rural
and residential (areas).
(Ord. No. 44, S 44.75, 1-8-68)
Sec. 20-413. Animals.
No one shall keep the following animals in R-l,
R-IA and R-1AA residential zone areas: Horses,
cows, pigs, chickens, geese, goats or any other
fowl or livestock, other than household pets.
(Ord. No. 44, S 44.77, 1-8-68)
Sec. 20-414. Exceptions.
Horses and ponies may be permitted in R-1AA
areas provided at least one (1) acre of land is
available for each animal.
(Ord. No. 44, S 44.78, 1-8-68)
Sec. 20-415. Kennels.
More than two (2) adult dogs or cats, over six.
(6) months of age, per household, shall be deemed
a kennel.
(Ord. No, 44, S 44,79, 1-8-68)
Sec.' 20-416. Kennel zoning.
Kennels will be allowed in C-2 commercial and
R-U zoned areas.
(Orcl. No. 44, ~ 44.80, 1-8-68)
Sees. 20-417-20-430. Reserved.
Sec. 20-431. Parking, storage or
of certain vehicles p
in residentially zoned
(1)
Prohibitions:
a.
Except as provided in section.
below, no person owning, rentinJ .,'.'~~:,.,
leasing real property in a residemW"t.
zoned district shall cause or allow to .: .
be parked on any residential ~
erty a commercial vehicle as defUMd
in section 20-432.
No person owning, renting, lensint
or otherwise being in control of tM
use of any lot, parcel or piece of ~
property located in a residentill1ly
zoned district or living thereupon
shall cause or allow any vehiclC$ LU
enumerated in (1)a, above to ~
parked, stored or maintained upon
such property. .
No recreational vehicles shall be 0c-
cupied as temporary living quarte~
while such recreational vehicle tj
parked or stored within a residen.
tially zoned district in the city. :\0
recreational vehicle parked or stored
in the city shall have its w~C'Cls
removed except for repair or maiOte-
nance.
No recreational vehicle shall ~
. th t it sldl
parked III such a way a
obstruct the view of traffic or iOlpe<lr
the vision of vehicular traffic.
b.
c.
d.
136tJ
ATTACHMENT B
ORDINANCE NO. 2001-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
SECTION 20-411 RELATING TO THE PARKING OF
CAMPERS, CAMP TRAILERS, AND BOATS AND TRAILERS
IN RESIDENTIAL AREAS; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of Winter Springs recognizes the need to protect property
values by restricting the parking of certain vehicles in residential areas; and
WHEREAS, the City Commission hereby recognizes and finds that prohibiting the parking
of campers, camp trailers, and boats and trailers in front yards of residential properties, except on a
temporary basis for limited purposes, furthers the aesthetic and historical character of residential
neighborhoods; and
WHEREAS, the City Commission finds that this ordinance is in the best interests of the
public health, safety and welfare of the citizens of Winter Springs,
NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS
FOLLOWS:
Section 1. Winter Springs Code Section 20-411 is hereby amended as follows: (underlined
type indicates additions and strikeout type indicates deletions ).
Section 20-411. Trailers in Residential Areas.
(ill No house trailers will be permitted in residential zone areas except for
residential zones specifically providing for mobile homes. Except as
provided in subparagraph (b). campers, camp trailers and boats and
trailers will be pennitted if kept in a garage, carport, rear yard or side yard
not fronting any street, providing no one occupies them.
(b )Campers. camp trailers and boats and trailers may be parked
temporarily in the driveway of residential zone areas for a period of time
not to exceed forty-eight (48) hours within any ten (10) consecutive day
time period for the limited purposes of loading. unloading and general
maintenance. For purposes of this section. "driyeway" shall mean the
private access area designed and approved for the parking of private
vehicles.
City of' Winter Springs Ordinance No. 2001-06
Page I of2
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3, 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.
Section 4. 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 5, Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 22nd day of January ,2001.
Anthony A. Garganese, 'ty Attorney
First Reading: January 8, 2001
Second Reading: January 22, 2001
Effective Date: January 22, 2001
City or Winlcr Springs Ordinance No. 2001-06
Page 2 01'2
ATTACHMENT C
9 20-1
1314
WINTER SPRINGS CODE
ingelmann Chart and number. A chart de-
scri ed in the United States Bureau of Mines
Info ation Circular 6888, and of which are illus-
trate graduated shades of gray for use in esti-
matin the light obscuring capacity of smoke. A
Ringel ann number is the number of the area in
the Rin lmann Chart that coincides most nearly
with the 'sual density of emission.
Service s ation. Any b~ilding, structure or land
used for the ispensing, sale or offering for sale at
retail of any utomobile fuels, oils or accessories
and in conne ion with which is performed gen-
eral automoti servicing as distinguished from
automotive rep 'rs.
Smoke units.
ber obtained by m
Ringelmann numb
minutes.
oke units represent the num-
tiplying the smoke density in
s by the time of emission in
Sound level meter. instrument standardized
by the American Stan ards Association for mea-
surements of the inten 'ty of sound.
Story. That portion of building included be-
tween the surface of any oor and the surface of
the next floor above it, th n the space between
such floor and the ceiling n above it.
Street. A public or private oroughfare which
affords the principal means of ccess to abutting
property. This includes land, pI ce, way or other
means of ingress or egress regar less of the term
used to describe it.
Street right-af-way. The dividing 'ne between a
lot, tract or parcel ofland and a contl uous street.
Structure. Any thing constructed, erected or
placed, the use of which requires m e or less
permanent location on the ground and shall in-
clude tents, lunch wagons, dining cars, c p cars
or other structures on wheels or other s pports
and used or intended for business or livin quar-
ters,
Structural alterations. Any substantial cha ge,
except for repair or replacement in support g
members of a building such as bearing wal ,
columns, beams or girders, floor joists or ro
joists,
S bdiuision. For the purpose of th"
tions, subdivision of land is either:",,:.;'
"
he platted division of land .~
o e (1) acre or more in area, intO
or arcels;
(2) Esta: lishment or dedication'oC;
high y, street or alley through '~~. .
land b the owner thereof, re .',.' .
area; or .~I
(3) The resub ivision ofland of one iift...
more in are heretofore divided or -. -.-."
into lots, sit or parcels.
Trailer park, A duly licensed c~p,,'
other area established to carry on theb '"
parking or otherwise servicing trailerS:'::~..'
Use, principal, The main use ofIand:'
.. . . . '.....
sory use.
, '..I'\':\'-~
Yard, An open space at grade betwee~ ~.
ing and adjoining lot line, unoccupied ana.
structed by a portion of a structure~,
...~;,< .
ground upward, except as otherwise ;~. .'
herein. In measuring a yard for the P,1!.:
determining the width of a side yard, th~~~
a front yard or the depth of a rear; y~
minimum horizontal distance between the 0
and the principal building shall be used~7'
,",1-. ,
. <
Yard, front. A yard extending acr?ss:th,,~:u
a lot between the side yard lines andi.~I.
minimum horizontal distance betweent~~
line and the principal building or any'pr?L~
of uncovered steps, uncovered balconies ori::~
ered porches. On corner lots, the front yard shall
be considered as parallel to the street upon whieh
the lot has its dimension.
Yard, rear. A yard extending across the rear of
a lot between the sidelines of lots and being the
minimum horizontal distance between the rear of
the principal building or any projections thereof
other than the projection of uncovered steps,
balconies or porches, On all corner lots, the rear
\'ard shall be at the opposite end of the lot from
~he front yard.
Yard, side, A yard between the principal build-
ing and the sideline of a lot and extending from
the front lot line to the rear yard and being the
minimum horizontal distanee between a side lot
line and the side of the principal building or any
projection thereto.
(Ord. No. 44, g 44.24, 1-8-68; Ord, No. 675, 12-8-
97)
Cross reference-Definitions and rules of construction
generally, 9 1-2.
S' . 20-2. Basis for regulations and require-
ments herein set forth.
The egulations and requirements herein set
forth ha been made in accordance with a com-
prehensiv plan, with reasonable consideration,
among othe things, to the prevailing land uses,
growth chara ristics and the character of the
respective dist ts and their peculiar suitability
for particular u s and to encourage the most
appropriate use of nd throughout the city.
(Ord. No, 44, g 44.0 1-8-68)
Sec. 20-3. Purpose.
In their interpretation nd application, the
provisions of this chapter sh I be the minimum
requirements to promote the p blic health, mor-
als, safety and general welfare; 0 conserve the
taxable value of land and building nd to protect
the eharacter and maintain the sta 'Iity of resi-
dential, business and industrial areas ithin the
city and to promote the orderly and neficial
development of such areas, Among oth pur-
poses, such provisions are intended to p vide
adequate light, air, privacy and. convenienc of
access to property, to avoid undue concentrati
of 0
ZONING
920.5
nd bulk of buildings; the size and open spaces
rrounding buildings; to establish building lines;
to divide the city into districts restricting and
re lating therein the construction, reconstruc-
tion alteration and use of buildings, structures
and nd for residence, business, industrial and
other pecified uses; to limit congestion in the
public treets by providing off-street parking of
motor hides; and to define the powers of the
administ ative officers of the planning and zoning
board as ovided herein.
(Ord. No. , S 44.02, 1-8-68)
This chapter 's not intended to repeal, change,
abrogate, annul r in any way impair or interfere
with the provisio s of other laws or ordinances
existing on the e ective date of the ordinance
from which this sec 'on was derived, except those
specifically repeale or any private restrictions
placed on property covenant, deed or other
private agreement. re this chapter imposes a
greater restriction upo the use of buildings or
land or upon the height f buildings or lot cover-
age, or require greater 10 areas, larger yards or
other open spaces than imposed or required
by such existing provisions f law or ordinance or
by such rules, regulations 0 permits or by such
private restrictions, the provi . ons of this chapter
shall control.
(Ord. No. 44, S 44.03, 1-8-68)
Sec. 20-5. Interpretation, pur
fliet.
In interpreting and applying the rovisions of
this chapter, they shall be held to be th minimum
requirements for the promotion of e public
health, safety, morals and general welt: e of the
community, It is not intended by this cH pter to
interfere with, abrogate or annul any law I ease-
ments, covenants, or other agreements b ween
parties; provided, however, that where this hap-
ter imposes a greater restriction upon the u e of
buildings or premises or upon the heigh of
buildings, or requires larger open spaces than
1315
ATTACHMENT D
\.
NOTICE OF PROPOSED CHANGES TO SECTION 20-411
WINTER SPRJNGS CODE OF ORDINANCES
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
WILL HOLD A PUBLIC HEARING FOR THE SECOND READING ON PROPOSED ORDINANCE
2001-06 TO CONSIDER AMENDMENTS TO SECTION 20 OF THE CITY CODE RELATING TO
PARKING,
A PUBLIC HEARING ON THE PROPOSED ORDINANCE WILL BE HELD ON JANUARY 22,2201
AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL.
ORDINANCE 2001-06
AN ORDINANCE OF THE CITY OF WINTER SPRJNGS, FLORIDA AMENDING THE CITY OF
WINTER SPRJNGS CODE OF ORDINANCES, SECTION 20-411 RELATING TO THE
PARKING OF CAMPERS, CAMP TRAILERS, AND BOATS AND TRAILERS IN RESIDENTIAL
AREAS; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A PUBLIC HEARING ON THE SECOND READING OF PROPOSED ORDINANCE 2001-06 WILL
TAKE PLACE AT THE CITY COMMISSION CHAMBERS IN CITY HALL AT 1126 EAST STATE
ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE
HEARD.
ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THE
OFFICE OF THE CITY CLERK AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS,
FLORIDA. FOR MORE INFORMATION CALL 327-1800,EXT. # 227.
PERSONS WITH DISABILITES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE
PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT
COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800.
THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR
RECOMMENDATION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS, AND,
FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE UPON WIDCH THE APPEAL IS TO BE BASED.
ANDREA LORENZO-LUANCES
CITY CLERK