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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