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HomeMy WebLinkAbout2002 06 10 Public Hearing G First Reading - Ordinance 2002-14 Accessory Buildings and Detached Garages COMMISSION AGENDA, Consent ITEM G Tnfonnatiunal Public Hearing X Regular June J O. 2002 Meeting Mgr / Att. / Dept. REQUEST: The City Manager and City Attorney request that the City Commission consider First Reading of Ordinance 2002-14 to amend Section 6-84 of the Winter Springs Code regarding accessory buildings and detached garages. PURPOSE: The purpose of Ordinance 2002-14 is to amend Section 6-84 of the Winter Springs Code to clarify current provisions regarding accessory buildings and to establish new regulations regarding detached accessory garages. APPLICADLE LAW AND PUBLIC POLICY: The Florida Municipal Home Rule Powers Act. 2 Section 166.041(3), Florida Statutes, authorizes a city to adopt ordinances which change the actual list of permitted, conditional, and prohibited uses within a zoning category. 3. Chapter 20, Zoning. Winter Springs Code. 4, The United States Supreme Court has held that comprehensive zoning may be accomplished as a valid exercise of a state's police power. VillaRe of Euclid v. Ambler Realty (.0,. 272 V.S 365 (1926) Page I of J .CONSIDERA TlONS: I. The current application of Section tJ-R4 has caused some confusion regarding the intent and purpose of requiring certain accessory buildings to be attached by a "breezeway, passage or otherwise" in order to be considered part of the principal structure and not an accessory building. 2 This provision has caused developers to attach detached garages and carports to principal structures by a "breezeway, passage Of otherwise" for no other reason but to get around the 240 square footage limitation for accessory buildings. This deflcs common sense jf a lot is of sufficient size to reasonably support a detached accessory garage without causing ad verse consequences (\n surrounding properties. J .Further, in studying Section 6-84, it has become clear that detached garages are not currently permitted in residential areas, unless attached by a "breezeway, passage or otherwise." 4. On March II, 2002, the City Commission directed staff and the City Attorney to review Section 6-84 and advise the City Commission on whether amendments to Section 6-84 are needed and to determine under what circumstances detached garages would be an acceptable use especially within a residential zoning district. 5. On March 13, 2002, the City Manager directed starr to obtain a Slalemt:llt of natiunal pulicy trends affecting accessory buildings and structures from the Planning Advisory Service (P AS), a subscription-based subsidiary of the American Planning Association which provides planning information Lo member cities and counties. 6. After reviewing Section 6-84 and the information received from PAS, the staff recommends Lhat Section 6-84 be amended to generally achieve two primary objectives. (i) Amend Section 6-84 to clarify the definition of accessory building to exclude detached garages and to clarify when an accessory building shall be considered part of the. principal structure; and (ii) Establish specific regulations for detached accessory garages, especially on lots zoned single family residential. 7. On May 1,2002, the Planning and Zoning Board recommended approval ufOrdinance 2002- 14 8. On May 13, 2002, the City Commission deferred first Reading and requested the staff to reexamine several provisions of the draft ordinance. The City Manger's comments are attached for the Commission's consideration. Page 2 of 3 STAFF RECOMMENDA TWN: The City Manager and City Attorney recommend that the City Commission consider approving Ordinance 2002-14 at rirst Reading ATTACHMENT: Ordinance 2002-14 City Managcr's Letter COMMISSION ACTION: I. On April 22, 2002, the City Commission referred Ordinance 2002-14 to the Planning and Zoning Board. 2. On May 13, 2002, the City Commission deferred First Reading so certain provisions could be reexamined. Page 3 of ) ORDINANCE NO. 2002-14 AN ORDINANCE OF THE ([IT COMMISsrON OF THE CITY OF WiNTER SPRINGS, FLORIDA, AMENDING SECTION 6-84, WINTER SPRINGS CODE REGARDING ACCESSORY BUILDINGS; ESTABLISHlNG REGULA nONS FOR DETACHED ACCESSORY GARAGES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDlNANCES AND RESOLUTIONS; PROVrDING FOR lNCORPORA nON INTO TaE CODE; PROVIDING FOR SEVERABTLITY; AND PROVIDING FOR AN EF:FECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs desires to clarify Section 6- 84 of the Winter Springs Code; Jnd WHEREAS, the City Commission finds that the current Winter Springs Code under-re!:,'Ulates detached garages; and WHEREAS, the City Commission recognizes that detached garages and accessory buildings provide an enclosed private space to conduct many activities that are annoying if conducted inside a dwelling or a principal building; and WHEREAS, these activities can be annoying to neighbors ifconducted excessively, creating nuisance odor!;, noise and a visual eyesore; and WHEREAS, the proliferation of accessory buildings and detached garages; especially within residential areas, also could allribute to visual blight, interfere with the use of adjoining properties, and adversely affect the property values of the neighborhood if such structures are left unregulated; 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. rAte I ur 6 NOW, THEREFORE. THE CITY COMMISSION OF TIT!': CITY OF WT.NTER SPRINGS HEREBY ORDAlNS, AS FOLLOWS: Section 1. Recitals, The foregoing recitals arc hereby incorporated herein by this reference Section 2, Code Amendment. The City of Winter Springs Code, Section 6-84 is hereby amended as follows: (underlined lype indicates additions and strikeout type indicates deletions). Sec. 6-84, Accessory buildings and detache<lgarllges. (a) General. Accessory building means an enclosed detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use Accessory buildings shall include storage buildings, toolhouses, party houses, bathhouses (used in conjunction with swimming pool) and similar trSeS enclosed structures, exc.luding detached accessory garages which are specificallv reRUlated under subsection (f) of this Section. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory buildings shall not be used as living quaners, (b) Height and size restrictions. The maximum height of an accessory building shall be twelve (12) feet measured from ground level. The maximum size of any ;)t. uGttll e accessory building shall be two hundred forty (240) square feer. (c) Location, All accessory buildings shall be located to the rear of the existing buildings line of the principal huilding:. which shall be a line runninl?; along the frontmost edge ofrhe principal building City of Winlcr Spring~ Ordinance No. 2001-14 r '/:< 2 of 6 .and extcndin~ on either side orlhe nrincipal building to the OtHer boundaries of the property. ,. (d) Permits;\ building permit shall be required befofe construction or placement can take place. No accessory building shall be pcnniltcd prior 10 construction of the principal building. (e) Setback requirements When an accessory building is attached to a principal structure by a breezeway, ptJ~:H13L 01 olbe, \'Vise, common load bearing wall, or <;;ommon roof. it shall become a part of the principal structure and shall be subject to the required setbacks and other requirements applicable ~D of the principal structure, Otherwise, the following setback requirements shall apply: (1) Corner setback--On all corner lots the minimum open sidcyard setback shall be that of the principal building. (2) Rear yard setback--Shall be a minimum of six (6) feet. (3) Side yard setback--Shall be that of the lot on which the building is to be located (4) Easements-- [f an easement exists along the houndary of on the lot where the accessory building is to be located and the width of that easement is greater than that the setback addressed above, then the interior easement sTzc :.lta.ll Pi c.va.;! boundary shall constitute the required minimum setback except as provided in this subsection (e). No accessory building shaH be constructed or placed on an easement. unless the easement expressly permits th~ aycessory building to bl: constructed or placed on the easement property and the required setbacks set forth herein are satisfied, ill Detached accessory garages. For purposes of this subsection (0, the word "detached" shall mean the accessory garage is not under the same roof as, and does not share a CDmmon load beQ.ring wall with, the principal structure. A maximum of one (I) detached ilccesSory garage shall be Cicy of Winh.T Spring:! Orrlil1MCC No. 2(1(12-14 Pace) ur6 permitted as a conditional use provided the city commission finds the following requirements are satisfied at a public hearing: (1'1 The detached gara~e shall be compatible with and snail not adversely aWed th~ surrounding neighborhood or adiacent properties: (2) On lots zoned residential. the use of the detached garage shall be limited to the parking of motor vehicles and other uses customarily associated with a sinl(le family residence. and related to [he principal structure, such as the keeping of recreational and lawn eql,lipment The detached garage shall not be used as living quarters~ (3) The detached garage shaH be an acce.c;sarv structure to a principal building: (4) The lot on which the detached garage will be located shall be a minimum of 20,000 square feet: (5) The size of the detached garaJ.!e shall nat exceed fifty percent (50%) of The square footage of the first floor of the principal building; (6) The detached garage shall be architecturally similar in desip;n [0 the principal building including. but not limited to, building: materials and roof line; (7) The height of the detached garaRe shall not exceed the heiRht of the principal building or [jfl.een f~et (15 ft), whichever is less: (8) The detached garage shall be located to the rear of the front building line of the principal building, which shall be a line running alon~ the frontmo~ ed~e of the principal building and extending on either side of the principal buildinR to the outer boundaries of the property: City of Winter Springl OrditUll\ce No. 2002-14 r.~4or6 (9) The detached garage shall meet all setback and lTJiLx.irnum lot coverage requirements (if ~Iicable zorunfujislricl: (10) No more than one (I) accessory building shojI be allowed on a I(lt on which exists a detaGhcd j:?,aragc: and ( 11) A building permit shall be required upon approval of it conditional use permit by the city commlSSlOn No detached garaRe shall be oermitted Drior to construction of the princ;ipal building. Section 3. Repeal of Prior rnconsistent Ordinances and Resolutions. AJI prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in contlict hcrewith, are hereby repealed to the extent of the conflict. 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. 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 coun of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, dislinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6, Effectiye Dare. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Spring!; OrtliCUlllce No. 2002-14 P1et 5 or Ii ADO PTED by the City Commission of the City of Wimer Splings, Florida, in a regular meeting assembled on the _ day of ,2002. PAUL P. PARTYKA 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 Wi Iller Springs Ordinance No. 2002-14 "Q~ 6 of 6 CITY OF WINTER SPRINGS, FLORIDA Ronald W. McLemore City Manager 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 MEMORANDUM TO: Mayor and Commission Ronald W, McLemore, City. Manager r FROM: DA TE: June 5, 2002 SUBJ: Agenda Item Public Hearing "G" Garages The Commission specifically requested the staff to make recommendations for amending provisions of the zoning ordinance related to garages, On May 13, 2002 the staff presented their recommendations, There were several comments by the Commission regarding the garage related recommendations, This discussion also precipitated discussion about accessory buildings in general. These questions require extensive research and consideration by the Commission that will take another sixty to ninety days to complete, Therefore, staff is recommending that the Commission move forward with the proposed amendments related to garages, and direct staff to report back to the Commission within sixty days with recommendations regarding accessory buildings, As it relates to the amendments provided to you on May 13, 2002 staff IS not recommending any changes other than the clarification of the building line, Related to garages only, the Commission provided three basic comments as follows: Comment 1: Commissioner McLeod questioned the conc.ept of requiring a conditional use permit for approval of a detached garage, and favors allowing people to construct a detached garage as long as it conforms to set back requirements and other requirements laid out in the proposed amendments without a conditional use hearing and permit. Response 1: This is a policy the Commission needs to decide, The zoning ordinance is designed to protect the character, integrity and value of permitted uses, Thus, "garage restrictions" are designed to protect the character, integrity, and value of permitted use in a zone, Page 1 of3 The question for the Commission to decide is this, Is the possible impact of a detached garage on adjacent property and property owners potentially serious enough to allow an expression of public opinion from those who may be effected? Relatedly, most detached garages are built after neighbors have invested in the purchase of their homes, thus creating an expectation of the quality and character of their surrounding environment. Again, is it in the public interest to allow public expression from surrounding neighbors whose expectations of the quality and character of their environment may be altered through the construction of a garage on adjacent property? If the Commission believes that those impacts are so minor that they do not believe that further public expression is needed, then an appropriate response would be to allow garages to be built without a conditional use hearing and permit. On the other hand, if the Commission believes the impact on surrounding neighbors could be significant or perceived to be eroding neighbor's expectations, then a conditional use hearing and permit would be an appropriate response, Comment 2: Commissioner McLeod questioned the necessity of prohibiting construction of a detached garage prior to construction of the principal use (for example, a house is a principal use in a single-family zone), Response 2, The prohibition of the construction of a detached garage or any other type of accessory use prior to the construction of the principal use is a fundamental element of zoning that must be protected, Detached garages are accessory uses, Accessory uses are defined as uses subordinate to the principal permitted use in a zoning classification. Accessory uses are allowed for the purpose of complimenting the principal permitted use in that zone, Stated another way, they compliment the character and integrity of the principal permitted uses in the zone, and serve to further protect the investment of surrounding property owners and the value of surrounding property. Anything which allows the accessory use to approach the scale of the principal use, or that could negatively effect the character and integrity of the principal permitted uses in the zone, or negatively impact the value of property in a zone is counter to the very purpose of zoning, For example, in a single family zone, if a storage building were allowed to even approach the size of the principal permitted use, (the home) the accessory use would no longer be accessory and thereby change the fundamental purpose of the zone, Furthermore, if a garage or other type accessory building were allowed to be built prior to the construction of the permitted use, it would no longer be subordinate to the principal permitted use; it would be the principal use of the property, More importantly, it could result in subdivisions being pockmarked with garages and other from of accessory uses, with virtually no way to demand construction of the principal use, particularly in the case ofa foreclosure, or the case where the builder of the accessory use moved away, Page 2 of3 Furthermore, and most aggregious of all, this creates a situation where an owner of property could build as accessory building because he doesn't want the intended building or use at his primary residence, For example, he could put a storage shed, tool shed, or shop on a parcel he owns in a subdivision because he doesn't want it on the property of his primary residence, I have seen many examples of these types abuses of zoning, It is unfair to the residents of Winter Springs to provide even a crack in the door for these abuses to occur. Comment 3, Commissioner McLeod inquired as to the reason for limiting the size of the garage, Response 3, As stated above, a detached garage is an accessory use to the principal permitted use, In the case of single family zone the principal use is the house not the garage. In order to prevent the accessory use, the subordinate use, from negatively impacting the principal permitted use and thereby eroding the purpose, character, and integrity of the zone, accessory uses must be kept subordinate in scale to the principal permitted use, In review of this matter, it is my concern that the recommended 50% first floor limitation on the size of the garage is to liberal. I believe the Commission should consider reducing the size limitation to 25% of the first floor area of the principal use, For example, if you had a 2,000 square foot home, the 50% rate would allow you to build a 1,000 foot garage, or a 7 -car garage, Funding: None Required, Recommendation: 1, Delay amendments related to accessory uses other than garages for sixty days, 2. Review this memorandum and the revised ordinance and provide staff any direction it deems appropriate. 3, Consider reducing to size of the garage from 50% of the first floor of the principal use to 25% of the first floor area of the principal use, 061002 Pubic Hearing G Attachment Page 3 of3 COMMISSION AGENDA ITEM H Consent Informational Public Hearing X Regular May 13. 2002 Meeting Al5>t1 ird-L- . Mgr. / Att. / Dept. REQUEST: The City Manager and City Attorney request that the City Commission consider First Reading of Ordinance 2002-14 to amend Section 6-84 of the Winter Springs Code regarding accessory buildings and detached garages. PURPOSE: The purpose of Ordinance 2002-14 is to amend Section 6-84 of the Winter Springs Code to clarifY current provisions regarding accessory buildings and to establish new regulations regarding detached accessory garages, - . ... . _.. . APPLICABLE LAW AND PUBLIC POLICY: 1. The Florida Municipal Home Rule Powers Act. 2. Section 166,041(3), Florida Statutes, authorizes a city to adopt ordinances which change the actual list of permitted, conditional, and prohibited uses within a zoning category. 3, Chapter 20, Zoning, Winter Springs Code. 4. The United States Supreme Court has held that comprehensive zoning may be accomplished as a valid exercise of a state's police power. Village of Euclid v, Ambler Realty Co" 272 Page 1 of 3 o.S.365 (1926). CONSIDERA TIONS: 1. The current application of Section 6-84 has caused some confusion regarding the intent and purpose of requiring certain accessory buildings to be attached by a "breezeway, passage or otherwise" in order to be considered part of the principal structure and not an accessory building. 2. This provision has caused developers to attach detached garages and carports to principal structures by a "breezeway, passage or otherwise" for no other reason but to get around the 240 square footage limitation for accessory buildings. This defies common sense if a lot is of sufficient size to reasonably support a detached accessory garage without causing adverse consequences on surrounding properties. 3. Further, in studying Section 6-84, it has become clear that detached garages are not currently permitted in residential areas, unless attached by a "breezeway, passage or otherwise." 4, On March 11, 2002, the City Commission directed staff and the City Attorney to review Section 6-84 and advise the City Commission on whether amendments to Section 6-84 are needed and to determine under what circumstances detached garages would be an acceptable use especially within a residential zoning district. 5. On March 13,2002, the City Manager directed staff to obtain a statement of national policy trends affecting accessory buildings and structures from the Planning Advisory Service (P AS), a subscription-based subsidiary of the American Planning Association which provides planning information to member cities and counties, 6. After reviewing Section 6-84 and the information received from PAS, the staff recommends that Section 6-84 be amended to generally achieve two primary objectives: (i) Amend Section 6-84 to clarify the definition of accessory building to exclude detached garages and to clarify .when an' accessory building. shall be' considered' part of-the - .. - - principal structure; and (ii) Establish specific regulations for detached accessory garages, especially on lots zoned single family residential. 7, On May 1,2002, the Planning and Zoning Board recommended approval of Ordinance 2002- 14. STAFF RECOMMENDA.TION: The City Manager and City Attorney recommend that the City Commission consider approving Ordinance 2002-14 at First Reading, Page 2 of 3 A TT ACHMENT: Ordinance 2002-14 COMMISSION ACTION: On April 22, 2002, the City Commission referred Ordinance 2002-14 to the Planning and Zoning Board. Page 3 of 3 ORDINANCE NO. 2002-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OJi' WINTER SPRINGS, FLORIDA, AMENDING SECTION 6-84, WINTER SPRINGS CODlE REGARDING ACCESSORY BUILDINGS; ESTABLISHlNG REGULA nONS FOR DETACHED ACCESSORY GARAGES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs desires to clarify Section 6- 84 of the Winter Springs Code; and WHEREAS, the City Commission finds that the current Winter Springs Code under-regulates detached garages; and WHEREAS, the City Commission recognizes that detached garages and accessory buildings provide an enclosed private space to conduct many activities that are annoying if conducted inside a dwelling or a principal building; and WHEREAS, these activities can be annoying to neighbors if conducted excessively, creating nuisance odors, noise and a visual eyesore; and WHEREAS, the proliferation of accessorY-buildings and detached garages; especially within residential areas, also could attribute to visual blight, interfere with the use of adjoining properties, and adversely affect the property values of the neighborhood if such structures are left unregulated; 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. Page 1 of 6 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, Section 6-84 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions). Sec. 6-84. Accessory buiUdings and detached garages, (a) General, Accessory building means an enclosed detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include stora.ge buildings, toolhouses, party houses, bathhouses (used in conjunction with swimming pool) and similar uses enclosed structures. excluding detached accessory garages which are specifically regulated under subsection (f) of this Section, No more than two (2) accessory buildings shall be allowed on any single lot, Accessory buildings shall not be used as living quarters, (b) Height and size restrictions. The maximum height of an accessory building shall be twelve (12) feet measured from ground level. The maximum size of any structure accessory building shall be two hundred forty (240) square feet. (c) Location, All accessory buildings shall be located to the rear of the existing buildings line of the principal structure, City of Winter Springs Ordinance No. 2002-14 Page 2 of 6 (d) Permits. A building permit shall be required before construction or placement can take place. No accessory building shall be permitted prior to construction of the principal building, ( e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, passage or otherwise, common load bearing wall. or common roof. it shall become a part of the principal structure and shall be subject to the required setbacks and other requirements applicable to of the principal structure, Otherwise. the following setback requirements shall apoly: (1) Comer setback--On all corner lots the minimum open sideyard setback shall be that of the principal building. (2) Rear yard setback--Shall be a minimum of six (6) feet. (3) Side yard setback--Shall be that of the lot on which the building is to be located, (4) Easements--If an easement exists along the boundary of on the lot where the accessory building is to be located and the width of that easement is greater than that the setback addressed above, then the interior easement size shall plevail boundary shall constitute the required minimum setback except as provided in this subsection (e), No accessory building shall be constructed or placed on an easement. unless the easement expressly permits the accessory building to be constructed or placed on the easement property and the required setbacks set forth herein are satisfied. ill Detached accessory garages. For purposes of this subsection (t). the word "detached" shall mean the accessory garage is not under the same roof as. and does not share a common load bearing wall with. the principal structure, A maximum of one (1) detached accessory garage shall be permitted as a conditional use provided the city commission finds the following requirements are satisfied at a public hearing: City of Winter Springs Ordinance No. 2002-14 Page J of 6 (1) The detached garage shall be compatible with and shall not adverselv affect the surrounding neighborhood or adiacent properties: (2) On lots zoned residential. the use of the detached garage shall be limited to the parking of motor vehicles and other uses customarily associated with a single family residence. and related to the principal structure. such as the keeping of recreational and lawn equipment. The detached garage shall not be used as living quarters: (3) The detached garage shall be an accessory structure to a principal building: (4) The lot on which the detached garage will be located shall be a minimum of20.000 square feet (5) The size of the detached garage shall not exceed fifty percent (50%) of the square footage of the first floor of the principal building: (6) The detached garage shall be architecturally similar in design to the principal building including. but not limited to. building materials and roof line: (7) The height of the detached garage shall not exceed the height of the principal building or I fifteen feet (15 ft). whichever is less: (8) The detached garage shall be located to the rear of the front building line of the principal building: (9) The detached garage shall meet all setback and maximum lot coverage requirements of the applicable zoning district: (10) No more than one (1) accessory building shall be allowed on a lot on which exists a detached garage: and City of Winter Springs Ordinance No. 2002-14 Page 4 of 6 (II) A building permit shall be required upon approval of a conditional use permit bv the city commission, No detached garage shall be permitted prior to construction of the principal building. 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. 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, 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, ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2002. PAUL P. PARTYKA Mayor City of Winter Springs Ordinance No. 2002-14 Page 5 of 6 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. 2002-14 Page 6 of 6