HomeMy WebLinkAbout2004 12 13 Public Hearings Item 403
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CITY COMMISSION AGENDA
ITEM 403
Consent
Information
Public Hearin2 X
Re2ular J
December 13.2004
Meeting
v7 /~
MGR. f'--- IDEPT L:..
Authorization
REQUEST:
The Community Development Department - Planning Division and City Attorney requests that the
City Commission hold a Public Hearing for Second Reading of Ordinance 2004-49 to consider
amending Chapter 20, Zoning, of the Code of Ordinances, as it relates to rezoning, variances,
conditional uses, waivers, and administrative appeals.
PURPOSE:
To request that the City Commission consider revisions to and additional application and
procedural requirements for rezoning variances, conditional uses, and administrative
appeals, This ordinance also establishes an allowance for a waiver provision for ceI1ain land
development regulations where the intent of the City's comprehensive plan and zoning code
is met.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute 163.2511-163.3246 : (Provides that land development regulations for
municipal planning be consistent with the Comprehensive Plan).
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Sprin1!s Charter Article IV. Governin1! Bodv.
Section 4.06. General powers and duties,
Section 4.15 Ordinances in General.
Winter Sprin1!s Code of Ordinances. Chapter 20. Zonin1!
Euclid v. Amber Realtv Co., 272 U.S. 365 (1926) (upholdin1! the constitutionalitv
of the principles of zonin1!).
CHRONOLOGY:
Oct. 28, 2004- Public Noticing in Orlando Sentinel of LP A Public Hearing
Nov. 3, 2004- P & Z Board (LP A) made recommendation of approval
Nov.22,2004- I sl Reading of Ordinance 2004-49
Dec. 2, 2004- Public Noticing in the Orlando Sentinel
@)
November 22, 2004
Public Hearing Item 403
CONSIDERATIONS:
. There are currently no uniform application criteria for rezonings, variances,
conditional uses, waivers, and administrative appeals, depicted in the City of
Winter Springs Code of Ordinances.
. The City Code does not currently entertain a waver provision for conditional use
permits.
. The amended code would relegate BOA decision-making authority regarding variances,
conditional uses, waivers, and administrative appeals, to written recommendation status,
submitted to the City Commission for final determination.
. Amended code eliminates seven (7) day waiting period for BOA and LP A written
recommendations, introducing "reasonable period of time" to be determined by City
Commission.
FINDINGS:
. The request is in keeping with the intent of the City's Comprehensive Plan, and Chapter
163 of Florida Statutes.
. The request is in conformance with the purpose and intent of the City Code and with all
applicable requirements.
. The request is in keeping with Article Vill, Section 2(b) of the State Constitution.
P & Z / LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board/ Local Planning Agency on
November 3,2004, the Board held a Public Hearing and recommended "Approval" to the
Commission with the stipulation that clarification be added to the ordinance language to
ensure that an applicant understands that no variances are granted to permitted uses,
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second Reading of
Ordinance 2004-49, a Code Amendment streamlining and simplifying the current
application process and general procedure relevant to rezoning variances, conditional uses,
and administrative appeals and establishing an allowance for a waiver provision for certain
land development regulations where the intent of the City's comprehensive plan and zoning
code is met.
ATTACHMENTS:
A. Ordinance 2004-49
B. P&Z/Local Planning Agency Draft Unapproved Minutes, Nov. 3,2004
COMMISSION ACTION:
Page 2
November 22, 2004
Public Hearing Item 403
ATTACHMENT A
Ordinance 2004-49
Page 3
ORDINANCE NO. 2004-49
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING
CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES,
PROVIDING FOR REVISED AND ADDITIONAL
APPLICATION AND PROCEDURAL REQUIREMENTS FOR
REZONING, VARIANCES, CONDmONAL USES, WAIVERS,
AND ADMINISTRATIVE APPEALS; PROVIDiNG THE CITY
COMMISSION WILL REVIEW RECOMMENDATIONS OF
THE PLANNING AND ZONING BOARD WITH REGARD TO
ANY APPLICATION FOR REZONING; PROVIDING THE
CITY COMMISSION WILL REVIEW RECOMMENDATIONS
OF THE BOARD OF ADJUSTMENT WITH REGARD TO
ANY APPLICATION FOR VARIANCE, CONDITIONAL USE,
WAIVER, AND ADMINISTRATIVE APPEAL; MAKING
CONFORMING AMENDMENTS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO THE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission 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, Chapter 163, Florida Statutes, requires the City of Winter Springs to adopt,
amend, and enforce land development regulations that are consistent with and implement its adopted
comprehensive plan; and
WHEREAS, the City has the police power to establish comprehensive zoning districts and
regulations in order to preserve and protect the public welfare. Euclid v. Ambler Realty Co., 272
U.S. 365 (1926); and
WHEREAS, the City Commission desires to provide design flexibility in new development
and redevelopment within the City; and
WHEREAS, the City Commission has determined it to be advantageous, under certain
defined conditions, to allow for the waiver of certain land development regulations where the intent
of the City's comprehensive plan and zoning code is met and the project will be significantly
enhanced from the minimum requirements of the City Code; and
City of Winter Springs
Ordinance No. 2004-49
Page 1 of26
WHEREAS, the City desires to streamline and simplify the current application process and
general procedure relevant to land use decisions; and
WHEREAS, as indicated herein, it is also the intent and purpose of this ordinance to
substitute the term "special exception" with the more modem term "conditional use" and that with
respect to previously issued special exceptions under the code sections modified hereunder, said
special exceptions shall be considered synonymous with conditional uses and subject to the terms
and conditions hereunder; 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.
reference.
Recitals. The foregoing recitals are hereby incorporated herein by this
Section 2. Chapter 20 Code Amendments. The City of Winter Springs Code, Chapter
20, Zoning, is hereby amended as follows: (underlined type indicates additions and StIikc.Ollt type
indicates deletions, while asterisks (***) indicate a deletion from this Ordinance oftext existing in
Chapter 20, Zoning. It is intended that the text in Chapter 20, Zoning, denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance).
CHAPTER 20. ZONING
***
ARTICLE II. ADMINISTRATION
DMSION 1. GENERALLY PROCEDURE: LAND USE DECISIONS
Sec. 20-26. Intent and Durpose.
The intent and pUllJose of this division is to set forth the procedure for applYing for variances.
conditional uses. rezonings. waivers. and administrative appeals as set forth in this chapter.
Sec. 20-27. Ac.tion of the cit)' !d!Y commission: authorit;y.
City of Winter Springs
Ordinance No. 2004-49
Page 2 of 26
Unless otherwise provided in this chapter. the city commission shall render all final decisions
regarding rezonings. variances. conditional uses. waivers. and administrative aopeals provided for
in this chapter. The city commission mav impose reasonable conditions on anv approved rezoning.
variance. conditional use. waiver or administrative appeal to the extent deemed necessary and
relevant to ensure cOlllJ>liance with a1JDlicable criteria and other atJPlicable provisions of the city
code and comprehensive plan. All formal decisions shall be based on competent substantial
evidence and the applicable criteria set forth in this chapter. The city commission may adopt. by
resolution. quasi-iudicial rues and procedures to implement this division. Action of the. city
commi.ssion shall be by OidiacU1Ge. dtt::ry passcd and shall be. 5pICad upon the minutes of the. e.ity.
Sec. 20-28. Ac.tions to aUel, dc.. Due process: Special notice requirements.
(a) All apDlicants shall be afforded minimal due process as required by law. including the
right to receive notice. be heard. present evidence. cross-examine witnesses. and be represented by
a dilly authorized r~resentative.
(b) In addition to any notice requirements provided by state law. all public hearings under
this Division shall be publicly noticed for at least five (5) calendar days prior to the date of the
hearing. Said notice shall include the address of the subiect property. matter to be considered and
the time. date and place of the hearing. The notice shall be posted in the following manner:
ill Posting the affected property.
ill Posting at city hall.
ill Notifying. by U.S. mail. all owners of real property adjacent to and within one
hundred fifty (50) feet of the subiect property.
The notice requirements set forth in subsections (1). (2). and (3) above are hereby deemed to be
courtesy notices. The failure to provide such courtesv notices shall not be a basis of appealine: anv
decision made under this Division.
(4) All applications f01 rcz;onin~ within the. cit] shall be. plcse.nted to the. plannin~ and
zonin& bOa1d for then e.onsideration and Iccommendation to the cit} comnlission.
Affi.1mati v e aGtion by the city commission upon a:ny I "zoning application shan r cqun e. a
public he.atin~ by th" "it) commission. The. public he.Min! b"fol" the city "ormnission shall
be amortised aGCOldin& to the procedures set forth in F.S. eh. 163 and F.S. ch. 166, liS they
now "xist 01 as they nlAY bc IenmnbcIed or amended.
City of Winter Springs
Ordinance No. 2004-49
Page 3 of26
(b) The. ,it, commi.ssion is a11tholizcd to pIOGCOO without th" tecommcndations of the
pl~ and z:oning bomd if such Icco1l'nnendations me. not fun~atdcd to the city
"ommission within seven (7) days from thc; date. ofth" planning and zoning boatd filee.ting.
(G) The "it, commission shall aGt on a IcqUc;bt fOl I('Z~5 within six (6) months of
ICGcipt of an application by thc; pl~g and zoni:rtg boa:rd from th" plopelt) ownc,1. !ftil':'
appli,ant rcquc5~ a. dela, in the Ie.mning ploccdmc;s, any sttGh dday that will not pcunit
connmssion aGtion, aftcr dn<, pnblk. noticc., within the six-month pel.tod of time, shallICSttlt
in the. applkatton bc'coming null and void.
Sec. 20-29. Annlications.
(!l The city manager or the city manager's designee is hereby authorized to prepare
applications in furtherance of this division. At a minimum. all applications for rezonings.
variances. conditional uses. waivers. and administrative appeals shall be accompanied by
the applicable application fee adopted by the city commission and shall contain the following
information:
ill A general description of the relief sought under this division.
ID A brief explanation as to why the application satisfies the relevant criteria set
forth in this division.
m The name(s) of the owner(s) of the particular real property.
ffi.. If the applicant is other than all of the owners of the particular proDertv.
written consent signed by all owners of the particular real property shall be attached.
fa The legal description of the particular real property. accompanied by a
certified surveyor that portion of the map maintained by the Seminole County
ProDertv Appraiser reflecting the boundaries of the particular real property.
@.. The current and future land use and the zoning designations on the real
property.
Sec. 20-30. Staff review.
{!l The city staff shall be required to review all ap,plications for rezonings. variances.
conditional uses. waivers. and administrative appeals. and make written recommendations
to the applicable city board and the city commission.
City of Winter Springs
Ordinance No. 2004-49
Page 4 of26
ilil Upon completion of the written recommendation. city staff shall forward the
application. along with the recommendation. to either the planning and zoning board or the
board of adiustment. as required by this division. for a duly noticed public hearing.
Sec. 20-31. Rezonines.
1& Any real property owner may file a rezoning application requesting a chane:e in
zonine: designation for their real property.
au. The planning and zoning board shall be required to review all rezoning 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 rezoning criteria set forth in this section.
llU. Upon receipt of the plannine: 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 planning and zoning board's recommendation.
@ All rezoning applications shall be reviewed for compliance with the following
standards:
ill The proposed rezoning change is in compliance with all procedural
requirements esta~lished by the city code and law:
ill The t>I'Qposed rezoning change is consistent with the city's comprehensive
plan including. but not limited to. the Future Land Use Map and the proposed change
would not have an adverse effect on the comprehensive plan:
m The proposed rezonine: change is consistent with anv master plan applicable
to the properly:
(4} The proposed rezoning change is not contrary to the land use pattern
established bv the city's comprehensive plan:
ill The~roposed rezonine: change would not create a spot zone prohibited by law:
@ The {Jroposed rezoning change would not materially alter the population
density pattern in a manner that would overtax the load on public facilities and
City of Winter Springs
Ordinance No. 2004-49
Page S of 26
services such as schools. utilities. streets. and other municipal ServIces and
infrastructure~
.en The proposed rezoning would not result in existine: zonine: district boundaries
that are illogicallv drawn in relation to existing conditions on the property and the
surrounding area and the land use pattern established by the city's comprehensive
~
00 ChanjJ:ed or changing: conditions make the proposed rezoning necessary~
(2l The proposed rezoning change will not seriously reduce light or air to adjacent
areas~
am Should the city be presented with competent substantial evidence indicating
that property values will be adversely affected by the proposed rezoning. the
applicant must demonstrate that the proposed rezoning change will not adversely
affect property values in the surrounding area:
UD The proposed rezoning will not be a substantial detriment to the future
improvement or development of vacant adiacent property:
@ The proposed rezonine: will not constitute a grant of special privilee:e to an
individual owner as contrasted with the public welfare~
@ The proposed rezoning change is not out of scale or incompatible with the
needs of the neighborhood or the citv~
(1) The proposed rezoning: does not violate any applicable land use regulations
adopted bv the city.
Uti In approvine: a change in the zoning classification on a lot or parcel of land. at the
request of or with the concurrence of the owner of said lot or parcel. the city commission may
approve a rezoning subject to restrictions provided such restrictions do not confer any Sl)ecial
privilege upon the owner or subject property that would otherwise be denied by the city's land
development regulations in the same zoning district. Such restrictions may include one or more of
the following:
ill Use restrictions e:reater than those otherwise specified for that particular
district~
City of Winter Springs
Ordinance No. 2004-49'
Page 6 of 26
ill Density restrictions greater than those otherwise s1;)ecified for 'the particular
district:
ill Setbacks greater than those otherwise ~ecified for the particular district.
includinlZ setbacks from lakes and maior arterial roadways:
ffi Heil!h.t limits more restrictive than otherwise permitted in the district:
ill Minimum lot areas or minimum widths greater than otherwise specified for
the particular district:
(Q), Minimum floor area greater than otherwise specified for structures in the
particular district:
ill Opens space requirements greater than otherwise required for property in the
particular district:
00 Parking. loading driveway or traffic requirements more restrictive than
otherwise required for the particular district:
(2) FencinlZ or screening requirements greater than otherwise required for the
particular district:
(!Ql Restrictions on any other matters which the city commission is authorized to
regulate.
Upon ap,proval of such restrictive rezonings. the planning division shall enter a reference to the
restrictions on the city's official zoning map. and a notice of zoning restrictions shall be recorded
in the public records of Seminole County. Restrictions shall run with the land. without relZard to
transfer of ownership or other interests. and may be remoyed only upon further amendment to the
zoning classification of the subject property in accordance with the procedures prescribed herein,
Sec. 20-32. Variances.
(& Any real property owner may file a variance application requesting variance from this
chapter for their real property.
!!ll. The board of adiustment 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.
City of Winter Springs
Ordinance No. 2004-49
Page 7 of26
(gl Upon receipt of the board of adiustment' s recommendation. the city commission shall
make a final decision on the application. lfthe city commission determines that the board
of adiustment has not made a recommendation on an ap,plication within a reasonable oeriod
of time. the city commission mav. at its discretion. consider an application without the board
of adiustment's recommendation.
Ull.. All variance recommendations and final decisions shall be based on an affirmative
finding as to each of the following criterion:
ill That s,pecial 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.
ill. That literal inte:t:pretation of this chaoter would deprive the applicant of rights
commonly enioyed by other properties in the same zoning district under the terms of
this chapter and would work unnecessary and undue hardship on the applicant.
ill That the special conditions and circumstances referred to in subsection (d)(l)
of this section do not result from the actions of the applicant.
ffi That approval of the variance requested will not confer on the applicant any
s,pecial privilege that is denied by this chapter to other lands. buildings. or structures
in the same zoning district.
~ That the requested variance is the minimum variance from this chapter
necessary to make possible the reasonable use of the land. building or structure.
.ca That approval of the variance will be in harmony with the general intent and
PUIllose of this chapter. and will not be iniurious to the neighborhood or otherwise
detrimental to the public welfare.
Sec. 20-33. Conditional uses.
1& Any real property owner may file a conditional use apolication requesting a
conditional use of their real property providing the conditional use is listed in the applicable
zoning district category.
au. The board of adiustment 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 hoard's recommendation and show the board has considered the
applicable conditional use criteria set forth in this section.
City of Winter Springs
Ordinance No. 2004-49
Page 8 of26
(d Upon receipt of the board of adjustment's recommendation. the city commission shall
make a final decision on the application. If the city commission determines that the board
of adjustment 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 adjustment's recommendation.
@.. All conditional use recommendations and final decisions shall be based on the
following criteria to the extent applicable:
m Whether the applicant has demonstrated the conditional use. including its
proposed scale and intensity. traffic-generating characteristics. and off site impacts.
is compatible and harmonious with adiacent land uses. and will not adversely
impact land use activities in the immediate vicinity.
!2l. Whether the applicant has demonstrated the size and shaDe 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 $,Pace. off-street parkinI!'. and other similar site
plan improvements needed to mitigate against potential adverse irrlpacts of the
proposed use.
m Whether the proposed use will have an adverse impact on the local economy.
including governmental fiscal impact. emploYment. and property values.
~ Whether the proposed use will have an adverse impact on the natural
environment. including air. water. and noise pollution. vel!'etation and wildlife. open
SJ>ace. noxious and desirable vegetation. and flood hazards.
ill Whether the proposed use will have an adverse impact on historic. scenic. and
cultural resources. includinl!' views and vistas. and loss or degradation of cultural and
historic resources.
1& Whether the proposed use will have an adverse impact on public services.
includinl!' water. sewer. surface water management. police. fire. parks and recreation.
streets. public transportation. marina and waterways. and bicycle and pedestrian
facilities.
ill Whether the proposed use will have an adverse im,pact on housing and social
conditions. including variety of housing unit types and prices. and neil!'hborhood
quality.
City of Winter springs
Ordinance~o.2004-49
Page 9 of26
Sec. 20-34. Waivers.
W. Anyreal property owner may file a waiver apl'lication requestine: a waiver for their
real property from anv tenn and condition of this chapter (exc~t from the list of pennitted.
conditional and prohibited uses set forth in anv zoning district category) if the property owner
clearly demonstrates that the applicable tenn or condition clearly creates an illogical.
impossible. impractical. or patently unreasonable result.
Oll. The board of adiustment 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.
@ Upon receipt of the board of adiustment' s recommendation. the city commission shall
make a final decision on the application. If the city commission determines that the board
of adiustment 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 adiustment's recommendation.
@l. In addition to the standard set forth in paragraph (a) above. all waiver
recommendations and final decisions shall also complx with the following criteria:
ill The proposed development plan is in substantial compliance with this chapter
and in compliance with the comprehensive plan.
ill.. The proposed development plan will significantly enhance the real proDertv.
ill. The proposed development plan serves the public health. safety. and welfare.
ill.. The waiver will not diminish property values in or alter the ~tial character
of the surrounding: neighborhood.
La The waiver granted is the minimum waiver that will eliminate or reduce the
illogical. impossible. impractical. or patently unreasonable result caused by the
applicable tenn or condition under this chapter.
@ The proposed development plan is compatible with the surrounding
neighborhood.
Sec. 20-35. Administrative appeals.
City of Winter Springs
Ordinance No. 2004-49
Page 10 of26
W. Any final administrative decision regarding the enforcement or inteIpretation 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 (3Q) days after such administrative decision is
made by filing a written notice of appeal with the city manager statim~ the name of the decision
maker. date of the decision. applicable code provisions and the s,pecific lrrounds for appeaL Upon
receipt of the notice of appeal. the city manager shall schedule the appeal before the board of
adjustment and transmit all documents. plans. papers or other materials constituting the record upon
which the action appealed :from was taken.
.ca The board of adiustment shall be required to review all administrative appeals and
make a recommendation to the city commission.
@ Upon receipt of the board of adiustment' s recommendation. the city commission shall
make a final decision on the administrative appeal. If the city commission determines that
the board of adjustment 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 board of adiustment's recommendation.
ua. Review of administrative decisions shall be based on the following criteria:
ill Whether the applicant was properly afforded Drocedural due process:
QL Whether the decision under review is supported bv competent. substantial
evidence: and
ill Whether the decision under review complied with applicable law. including
a proper inteq>retation of any provision under this Chapter.
ill.. The city connnission shall have the right to reverse or affinn. whollv 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 Dowers of the officers from whom the appeal is taken.
Sec. 20-36. Expiration of conditional use. variance and waiver approvals.
(a) Any conditional use. variance or waiver ap,proved by the city commission under this
Division shall expire two (2) years after the effective date of such approval by the city commission.
unless a building permit based upon and incor,porating the conditional use. variance. or waiver is
issued bv the city within said time period. Upon written request of the pro,\,erty owner. the city
commission may extend the expiration date. without public hearing. an additional six months.
City of Winter Springs
Ordinance No. 2004-49
Page 11 of 26
provided the pro,perty owner demonstrates good cause for the extension. In addition. if the
aforementioned building permit is timely issued. and the building permit subsequently expires and
the subject development oroject is abandoned or discontinued for a period of six months. the
conditional use. variance or waiver shall be deemed expired and null and void.
(b) The city commission hereby finds that there may be one or more unexpired conditional
use. variance. or waiver permits previously granted bv the City that may have never been acted upon
or abandoned by the property owner. The city commission finds that these unexpired permits may
now be detrimental to the public health. safety. and welfare of the community due to changed
circumstances in the surroundine: neighborhood and changes in law. Therefore. the provisions of
this section shall apply retroactively to any unexoired conditional use. variance. and waiver
previously granted by the city commission. It is the intent and pUlpose of this subsection to void any
previously granted conditional use. variance. and waiver permit that does not comply with the
provisions of this section and to require the property owner to reap,ply. under current circumstances.
for said permit should the property owner desire or need said permit.
***
DMSION 3. BOARD OF ADJUSTMENT
***
Sec. 20-82. Duties and powers; general.
The bOald of adjustment shall make Hxomme.ndations to the e~ e.on~ssion to grant any
vc'tliancG 01 spcGiAi exception as delineated in this chapter.
Wffl The board of adjustment shall have the additional following specific powers and
duties:
Q.)a; 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.
illb; To review and make recommendations to the city commission on any
application for variance. as provided in this chapter. To hc.41 and make
leGom1uendatiom to the eit} commission on special e.xecptions AS autholizcd ttnd"l
th~ tcnn! of the. e.ltts :z:oning 0Idinau.CCS, to make. recOmm'-lldatioll! to the. ei~
commission on such qne.stiom as ale involved in d(..tc.i~.I.8 ~hen special
e.XGCptions should be. gxantcd, and to make. rccommendations to the cit} "ommission
City of Winter Springs
Ordinance No. 2004-49
Page 12 of26
on special Gxce.ptions with appropdatG Gonditions and safeguatds, 0.1 to .LCGo.u1uJ.Gnd
dGniAl of $pecial GX'Gep1:ions w hen not ill hannony with th.:; pm posc. and intent of the
mningreg1rlations. In gta.n~ MY spCGial Gxec.p1:ion with appropriate Gouditions and
safc.glWds, violation of suc.h conditions and safGgnatds, when made. A part of the
telms tmder which the. special c.xc.eptioll is gtMitcd, shaH bc deemGd a violation of
this chaptCI. Thc. boatd of adjustment mAY rc;commend A I c.asonablc. timG li111it ~ ithin
which thG action fOI wh:iGh thc spc.ciai oxcc.ptioll is rcqui1ed shall bc. begun 01
completed, 01 both. ThG boatd of adj nstmcnt may recommc.nd thc. gtZi.11tU..L~ of special
c.xc.c.ption~ w hc.n thG applicant is seeking a minot de v iation ft om zoning rc;qui1 c.mcnts
so long as the granting of such 5lIc.c.ial c.xccption docs not cansc. a ChallgC. of chAIac.tcI
in thG ncighbolhood, docs not constih:1tc. a Ic.zoning ofthc. propGrty in quG5tioll 01
docs not clcate a hardship fOI any oHlle adjacent propcrty. Thc. bo.ud of adjustment
ma, also lecommend thc. granting of spCGial c.xceptiotl5 witlhn C~1 nc.ighboIhood
comme:rcial disb:icts wh~n thc. applic.ant has not sought a nse listed in section 20~2J1,
whc.n thc. tlSe sought wiH n"t CAnsC. an nndtte hatdship to the atea ofthc eit}, wiH not
create a. hazard 01 thtcat to the health, sa:fGty and welfMc. of thc eommtmit}, will
genClally comply with thc. cha:J:ltCter of the neighbolhood and ~hcn th" tlSC is in
halmony with thG intent oHile zoning ordinanc.c.s ofthc. c.~ty.
ille; To review and make recommendations to the citv commission on any
application for conditional use. as provided in this chapter. To leGommend llpon
appcltl such valiance flom the tCIMS of this ehaptCl as will not be eonb:al., to the
pnbliG interest wh....Le, o~ing to special conditions, a litezal enforc.cment of the
plovisions of this c.haptel will lesWt in tmnc.cessary and undue haid:ship. In Older to
rc;eommend any v atianc.c. flom thc. terms of this chapter, the boatd of adj nstmcnt must
and shaH find.
1. That spCGial conditions and encu:mstanGGs c.xist which atc. pc;c.l1liat to
the land, sb:l1C.tmc 01 bl1i:ld1lg .tl1volvcd and which ate not appliea:bl<- to othel
lands, sb:tlGtme.s 01 buildings in the same zoning disb:ict,
2. That thc. spcG.ia:l conditions and c.iIc.umstancc's do not lC,bcrlt from the
ae.1:ions of the appliGant,
J. That gtantllig the variance requested will not e.omel on the applicant
any 5pCGial prnik,gc that is dcnied by this chapter to othci lands, buildings
01 sb:l1Gturc;s in thG same z:onin~ dishic.t,
4. That literal intcrprc.tat:1on of thc. plo'\1isions of this chapter wonld
dGprivc. the. applicant ofIights commonly c.njoycd b, Othel plopcrties in the
City of Winter Springs
Ordinance No. 2004-49
Page 13 of26
sanle zoning distrie.t tmdcl the. te..HhS of this chaptcI and wottld wOlk
nntlCGe.SSCl:ry haIdship on tlx. Appli"a:nt,
5. That the. laIianGe. granted is th" !~LlLUll vll1iane.e. that will make
possible the. IU!onable. u:se. of the. land, btrildin~ 01 stIue.tm:e,
6. That the. grant o[the 'Vll1ianGe. will be. in hmntOny with th" gcne.la:l
inte.nt and pwpose. of this Chaptcl, will not be. injwioulI to the.. neighbolhMd,
or othe.! wise detIimcntal to the publie. we.lfaIe...
ill.. To review and make recommendations to the city commission on any
application for waiver. as provided in this chapter.
illd7 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.
(2) In Iccomme.nclins the. grantin~ of.my n:tianGG, the. bOMd of adjustme.nt may
rccommend appropliate. conditions and safeguards. Violations of such e.onditions and
safc.gwnds, when made. A part oftlx. te.lim undel vvhiGh the. vmianc.e. is granted, sha:ll
be. dGenled Ii "Violation o[this chaptCl. The bomd of adjustme.nt may IGcormncnd a
ICl!Sonable. time. limit within which th" aG'tionfol whkh the. vll1ia:nce is leqi:ri1ed shall
be bei,un 01 completed, 01 both.
(3) Under no dlCtmlStanc.es shall tlx. boatd of adjustment rcc.ommcnd the
granting of A va:J.ianeG to pe!h~t Ii use. not genera:lly 01 by $pC'-ial e.xception pClmittcd
in the zoning distIiet invohed, 01 .my use explessly 01 by implication plohibitcd by
the, tGlmS of this "hapteI in the. ZOnil1g district. No nonconfounih~ u:se. ofncighboIing
lauth, stIt1Gtm:cs OI buildin~ in t;h" same zoning c.1assifiGation 01 district, and no
pG!mitted t1Se of 141:1<b, st1t1Gtmcs 01 btrildings in othel ronin~ classifications 01
distIicts shaH be considered gIottnds fOI the authoIization of a. "Valiance.
Dllt4} The board of adjustment 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.
(5) hlcxcIGisingits POWCI5, the. bOaIdofadjustmG.ntma.:y, upon appeal and in confonnit)
withprovisio.t1S o{this chaptcI, ICGommcndlGvClsing or affuming, whollJ 01 partly, 01 may
recommend modif}ing the ordel, requitemcnt, deGision 01 detclmination AS ought to be
made, and to that end shaH ha v e all the po WG~S of1:h" OffiCCl5 fi: om whom the appe.al is taken.
A ma.jolit} vote of a.fi mcmbCl5 of th~ board. shaH be. nCGossa::ry to IGGommend rOvcIsal of any
City of Winter Springs
Ordinance No. 2004-49
Page 14 of26
order, IcquiIement, dcGision 01 de.teI1~.rtion of any SUGh ~stJ:at:ive. offiGia:l, 61 to
ICGommcnd dcGiding in. [AlOI of the. appliGant on any nlatte.1 upon which the bomd isrcqtti1 cd
, to pass tmde.1 the.sc le.gula1:iom.
Sec. 20-83. PI o,edul es. Reserved.
(11) Upon I Gcc.ipt, in plopCI fi)1nt and with appIopriltte fces, an appli"atiob. EoI A v miallce,
spcdal exception 01 e.onditiona:l use. as delinurted in this chaptel, the. homd of adjustme.nt
shaH schedule slich application fOI comidOIation at It public meeting.
(b) All sttcll applications will be. processed within slAty (60) days ofrc.ceipt of &a:llie..
(c) All mc.e.tingi5 fOI c;orwidel.m6n of a va:riancc., bpocial e.xc;cption 01 conditional use..
shall he noticed fur at le.ast se.vcn (7) da,s pLiOI to the. date. of the. nlecti:hg i:u thc fullowing
manner.
(1) Posting the. affected pIoperty with a MltiGe. of the. meeting which indic.Mes the
mattel to be. e.6midw:d.
(2) Posting in e.it} haU a notie.e of the. MC.e.ting wbie.h indicat~ the. plope1"t}l
affCGtcd and the fuattGr to be. considered.
(J) A1: lc.ast se.'Ve.n (7) days pliol to the meeting, the homd of adjns1ment shaH also
notif,y aH OWllC1S of pIopcrty adjaccnt to or wif:l:hu one hundrt.d fifty (ISO) feet of the.
ploperty to be affected of the. time., date. and place. ofth" mCGting. Sueh leUel must
also i:u~"At" the. varia:t1(,C, spec.iM exception 01 c;onditional use Icquc,sted, and must
requilG ploof of dc;live.IJ.
Cd) All intCIcstcd pC1S0llS shaH he. entitled to he hGlUd at stlChfuCGtiu~ 01 to be hccud by
wIrtte.n statcmGut suhmittc.d at 01 plioI to such mcc.ting.
(e) In the. e.~"ltt a 5pec.ial exce.ption, ~a..iane.e.. 01 c.onditional nse is not atrtholiz:cd by the.
old:inanc.~ of the. Gity, the pe.lson lequestia~ the. unautholized ac.t:ion nttlSt submit an
application pwsttant tv seGtio:ns 20-28.
(f) Appeals to th... bomd of adjustment may be. takGn by any pelson Agglie.'V cd or by any
officel, homd Of bmeau ofthG city affbctcd hy my dce.ision of an ad:n1inis1:lati~e offiGial
m1de.1 the. z;~ IGgmations. SliGh Itppe.al shaH be. taken ~ithi:n ~ty (30) days afte.I suc.h
dCGision is madG by fili:ng with the offic.OI ttom whom tit" appeal is takcn and with the hoard
of adjustmcnt, a notiGo of appc.al 5}Je;c.if}ing the. grounds thc.le.of. The; appe.a:l shall bc in such
fOInt as plcSClibc.d by the. lines oftitc. bomd. The administrative. official.fiom whom the.
City of Winter Springs
Ordinance No. 2004-49
Page 15 of26
appeal is takcn shall, upon notifiGativn ofthc fi~ ofthG appeal, forthwith tlammit to the
bomd of adjl1Stme.llt all thG documents, plans, papers 01 OthCl matclials constituting the
ICC;OId upon whioh the aGtion appealed flom ~as takcil.
(g) The bomdofadjustmcntshall fix a Ie.asonable time for thGlleming of the appeal, gi~G
public notice thGlcof, as well as due notice to the parties in intelGst, and make
I c.cotnme..ndatiom to the city commission fOI tilt. appe.M w ithiu Ii I e.llSonable titne. Upon the
heming, a:nJ party may appem in person 01 by agent or by attoIney. Por ploeedtual pmposcs,
an applie.ation Eol a spcc;ial exceptioll shall be handled by thv bomd of adjn:sttnent the. same
as fol appeals.
(h) Any' vA1ianGe, special exception or conditionai me. which may be gran.ted by the city
council shall exphe six (6) nlontm after the. dThetivG date of sl1eh action by the city
commission, unless a building permit base.d upon and ineorpolating tile uriance., spe.cial
exception 01 conditional uSc.!s obtained within the afol csaid six -month pellod. lIo w e vel, the
city commission may renew such '\fMiance, special exception 01 conditional me fol one (1)
additional peIiod of six (6) mon1:hs, prOvided good cause is shown and the. application fol
extension shall be filed with the bOMd at least t:hi1't} (30) days pliol to the expiration of the
six-nlonth period. Any renewal luay be. grantcd withoM public hG&ing, hOWOVe.l, a
re.application fGe may be chMgcd in an amount not to e.xcccd the amount of the oli~illal
application fce. It is intended that prOvisions Gontatncd within this subsection ate. to be
re1:l:oac.ti v(. to the extc-nt that any vMi&lGe, special exception or conditional nse prev ionsly
granted shall become void if Ii pCliod oft:hne in c.xc.e.ss oftwc.lvc (12) nlOnt:hs shall have
lapsed, and a btcilding pe.r~t based upon and incorporAting the v Mianee!, special c.xccptions
or oonditional uses has not bcen issued plioI to expiration of such time limit.
*",*
ARTICLE m. ESTABLISHMENT OF DISTRICTS
DMSION 1. GENERALLY
***
Sec. 20-102. Official zoning map, working maps and procedures.
***
(d) "olunta., Rezoning AppliCAtion, pI otedUIe8, standAlds of 1 eliel,.
City of Winter Springs
Ordinance No, 2004-49
Page 16 of26
An., part) lllay re.que.st considcration fOl rezoning by snbntitti:ng a eomplc.tcd
R:c.1:0~ Application to thc Commt'l:futy De."clopmcnt Dcpartmcnt - rla.nnin~
Di"ision, Moog with the. ite.nls requited to be. snpplied at time of application,
!l1ch:td:in:g paymGnt of any associated fees as estahlish~d bJ rcsohrlion or ordinance
of the. city commission. Aftcr th.:. application is snbmitte.d, the. planning and 1:Onin~
bOa1d shall revicw the. application at its nc.xt rCgWa:rly schcdtdcd m"cttl:.g and shall
f01Wa:rd its rcconwc.ndations to the. city comro.ission. SubscqttCnt to rcccivin~ thc
re"ormncndations of the. planning and zoning board, th" dt) GOCllu~ssion shall
detcnnmc 'Whether it will applO"C, approve with conditions, or dcny at" re.1:oning
application. Allre.z;oni:ng applications shall bc lCvicwcd for e.ompl::ianc.e. with thc
foRowing standatd:.s. .
(1) The proposed I'Gzoning change. is m compliallGe. with all procedural
I'GqtritcmcMs established by the. cit} e.ode. and law,
(2) The. proposed rezoning change is cOllsistcnt with th" city's c.omprchcnsive.
plan indt:tding, but !lot limite.d to, the. Futmc. Land U~e Map and th." proposed change would
not have an me1se effec.t on th" comprch~ivc. plan,
(J) The. proposed rc.z:oning change. is c.onsistent with any master plan applic.able
to th" propcr't},
(4) The. plOpOSed Ie.Z:Oning change is not COnUM) to the. laud usc pattc;In
established by the city's comprehcnsivc plan,
(5) The. ploposcd ICZOning change would not create a. $pot zone. prohibited by
taw;
(6) Thc proposed Ioz;oning c.h~c wotdd not matetiall, alter th" popnlation
density p~In in a marmeI that would 0 v ertax the. load on public fac.ilitics and ser v ie,s such
as schools, utilitics, sue"ts, and Oth"I mtmicipa:lseI vie"s and mnastll1c.tw:c,
(7) The. ploposcdle.Z;011ing wotrldnotIesuitin Gxistingzonmg disuictbotlllda1ie.s
that mc iHogicaHy drawn in rclation to e.xisb:ng conditions on the. prope.rty and the.
SWIOtmding mc.a. and the land nse. patteln e.stablished by thG city's cOInplehe.nsive plan,
(9) Thc'proposedle.~clw18e wiHnotseriously reduce-lightor air to adjacent
areas;
City of Winter Springs
Ordinance No. 2004-49
Page 17 of26
(10) Should thc. eit) be. plesentcd with eompctcht snbsttmtial ,'Vidence illdi"atin~
that PlOP'li} vafues w ill be ad v eIsel, a:ff~tc.d b., the proposed Iez:o~, th<. AppliGant In:USt
demomtJ.ate that the pIOpOSed IGZ:O~ ehan~e will not adve.I&el'y Mixt ptopGrty n:lues in
the St11IOtmdi:n~ a:J:e.A, ,
(11) The ptO}1oSGd IGZoning will not be. a ~ubstantia1 dc.t:linlGnt to the futw:e
imptovement or devclopmC';nt of vaGant adjacGnt pIOpC.rt}.
(12) The ptoposed rcz:oni:ng will not constitutG a grant of sp~icl1 plhilcgG to an
indnidual owne.I as e.ontLasted with the pub lie. wclfa:re,
(13) The proposed Ie.ZOntni, Ghat..ge. is not out of scale. 01 incompatible. with the.
nc.c& of the lldghbOIhood 01 the d~.
(14) The. proposed rc.zoning does not violate. any applicable land use. legulations
adoptc.d by the. e.it}.
(0) Flovisions reI lesttitti..e le1:0nings.
In approving a cha:n~e. in th<. Z;Ontn~ classification on a lot 01 pmcel ofland, at the IcqtlCSt of
or with thc e.onctule.nce of the OMlGr ofsaid lot 01 pmGe.l. the c.itjl Gonltllission may approve
a ICZ~lg subjcd to restrictions pIO'~idcd such Icstne.tiollS do not COnfr.1 any sp~ial
ptivtlege upon thc owneI 01 subj~t ptope:rt} that would othen~ise be denicd by thc eitfs
land dc.ve.lopment logulations in th." same zonini, district. Such restriGtions may inGludc one
01 mole ofth.c. foRo wing.
(1)
tfultr it t.
Us<:- restrictions gIGatcI than those otherwise spe.dfk.d f"I that pMtienlar
(2)
dis1::l:iet.
Densit} Icstrietiom greateI than thosc. othcl wise specified fOI tho partictda:r
,
(3) Setbac.b grcatc.I th.GU those. otllGl'W iSG spce.ificd fot the. PA.Lti.C.td81 district.
indnding setbacks ftom lakes and major artoIialloadways.
(4) Height limits more Icstncti v 0 than othe1 w iso pCli:il.ittcd in the district.
(5) M:inimum lot a:rcas 01 minimwn widths grc.atex than otherwise. spccific.d fur
the particular district.
City of Winter Springs
Ordinance No. 2004-49
Page 18 of26
(6) Minimmn flOOl alGa glOMOl than oth~lwisc. spcdficd fol strUCMCS hl the
partiGulm district,
(7) Opens space rcqWtcmcn1:b grcatel than OthCl w iSG rcqttitcd for pl0pclty in thc
particwm distriGt,
(8) Pmkili~, loading dlivcWA)I 01 traffic lcqliliem"ll~ nlOle l'-Stricthc than.
othclwise lcqui:Icd fol the paltictrla:r d:i.sbict,
(9) Fcnchlg 01 sCleening IcquitcmGnts giGMCl than othClwisc lcqui:Icd fol the.
partieular district,
(10) Restrictions on any OthGI MattCIS which the cit) commission is autho1ixcd to
H';gWatc.
Upon applonl of stlGh Icstrietivc IGZOningS, the plamting division shall em'-I a Icfolcncc to the
lestrietions on the cit}'s official zoning map, and a noticc of zoning IGstrietions sha.ll bc Iccoldcd
in thG public I"-olds of Seminole Cottl1t). R:cstriGtions shaH n:m with the land, without IC8cud to
tIam:fcl of ownelship 01 other inteIcsts, and may bc lemovcd only Ilpon fattllGl antcndment to thG
zoning elassifiGatton of the subjCGt plopert} in aGcoldanc.G with the ploGcdurG5 plcsclibcd hClCin.
***
DMSION 2. R-AAA SINGLE-FAMILY DWELLING DISTRICTS
***
Sec. 20-123. Conditional uses.
***
Defole a GOllditionai nsG m~ bG gtantcd w itbin the Glassification, thc boatd of adjnstmcnt nmst, aftel
public hcminEs, .find that the use. 01 I15CS aIG consistent with the general zoning plans and with thG
public intCICSt.
***
DMSION 3. R-CI SINGLE-FAMILY DWELLING DISTRICT
City of Winter Springs
Ordinance No. 2004-49
Page 19 of26
***
Sec. 20-143. Conditional uses.
***
De.rore. a conditiona:l use. mcry be granted within the. c1a1;sifiGation, the. bomd of adjustment mt1st, afteI
ptlbliG hc.Mings, find that the. me. 01 use.s ate. consistent with the. genGra:l zoning plam and with the
pl1blk inter cst.
***
DMSION 4. R-1AA AND R-IA ONE-FAMILY DWELLING DISTRICTS
***
Sec. 20-163. Conditional uses.
***
(b) De.fuIe. a c.ondition.rl use. may be gIantcd within the. c.1a1;sification, the. bomd of
adjmtment nlnst, afte.! public. heatings, find that the. use. 01 US'-S A.a.e. c.omistcnt with the.
gcne!a! zoning plan and with the public. .intercst.
***
DMSION 5. R-l ONE-FAMILY DWELLING DISTRICTS
***
Sec. 20-183. Conditional uses.
***
(b) De.foIC a e.onditiona! use. may b" granted within the. e.l~sification, the board of
adjustment mnst, afte.! pltblic heatings, find that the use. or uses Me. comiste.llt with the
gene.La! ~ plan and w 1tl1 the public. inter cst.
***
DMSION 6. R-3 MULTIPLE-FAMILY DWELLING DISTRICTS
City of Winter Springs
Ordinance No, 2004-49
Page 20 of26
***
Sec. 20-208. Conditional uses.
***
(b) Dc.foIc. a e.onditional use may be. gia:nted within the. e.lassifi{,ation, the. bOaId of
adjustuJ.e.nt ~t. a:fl:CI public. h"aIin~~. find that the. use. 01 U5es aIe. consiste.nt ~.ith th,
gencurl zoning plan and with the. Pllblic. intelCSt.
***
DMSION 7. Cl NEIGHBORHOOD COMMERCIAL DISTRICTS
***
Sec. 2-232. Uses permitted.
***
(b) Outdoor display and/or sales are prohibited except by spe.Gia1 c.xe.e.ption conditional use.
***
DIVISION 9. R-U RURAL URBAN DWELLING DISTRICTS
***
Sec. 20-268. Conditional uses.
***
(b) De.fole. a e.olhbtiona1uSG may bc granted within th" c.1assifie.ation. the. bomd of
adj~t:1ne.nt LU.u<>t, aftc.l pnblk he.a:rin!s. find that the. ~c;. 01 mcs roc cOl1Sistcnt with th~
gcncuI z;0nin8 and with the. pooH" intelcst.
***
DMSION 13. GREENEW AY INTERCHANGE ZONING DISTRICT
***
Sec. 20-337. Signs.
***
City of Winter Springs
Ordinance No. 2004-49
Page 21 of26
(P) Greeneway District Gateway Identification Sign. One (1) architectural feature may be located
adjacent to the Greenway right-of-way within the northeast quadrant of the district that identifies the
overall greenway Interchange development consistent with the following:
(1) Maximum height of thirty-five (35) feet as measured above existing grade without a spCGial
c.xccption conditional use being granted by the city commission.
...
ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS.
...
DMSION 3. SITING AND REGULATION OF TELECOMMUNICATION TOWERS
Sec. 20-451. Telecommunications towers.
***
(d) Location, pennitted uses and spc.c.ia::l (.,xccptio~ conditional uses
***
(3) Additional telecommunication tower sites shall only be permitted as a spCGial {,xG{,ption
conditional use pursuant to this section. A property declared eligible for consideration as an
additional telecommunication tower site is City of Winter Springs Fire Station #3 to be located on
the south side by S.R. 434 in Tuscawilla Tract 15, Parcel 3 (approximately 2,300 feet west of
Vistawilla Drive). The telecommunications tower located on this site shall require a sp{,c.ial
exc.eption conditional use from the Winter Springs City Commission in accordance with this section
and applicable City Code provisions. The tower on this site shall not exceed a height of one hundred
twenty feet (120) and shall only be available as a tower site following approval by city commission
as part of the grant of the spCGial exception conditional use. Following approval and construction of
the fom (4) towers described in this subsection, additional towers may be applied for and justified
in accordance with the applicable stlUldards for a spec.la::l c.xc{,ption conditional use in the City Code,
as well as these standards:
a. The tower at proposed Fire Station #3 and any subsequent additional telecommunication tower
is required for public safety communication needs; or
b. Technical data is presented by an applicant indicating that the proposed tower is the only
technically feasible available site to assme telecommunications services coverage needs to area
citizens; and
City of Winter Springs
Ordinance No. 2004-49
Page 22 of 26
c. Such technical data specified in subsection b., above, is not for speculative, untried
telecommunications uses but is for current technology recognized or approved for service area needs
and market conditions under applicable state, federal or local laws, regulations or ordinances;
d. All such technical data shall be provided at cost to the applicant. The city may, in approximate
cases in its sole discretion, retain the service oftechnically competent consultants to evaluate the data
submitted by an applicant to justifY an additional tower pursuant to this ordinance. The applicant
shall post a deposit with the city manager or his designee in a sum such that the applicant for the
additional telecommunication tower pays the full cost of technical review of such tower by city's
consultant; and
e. Initial review of any additional telecommunication tower sites shall be by the city's development
review committee. The special exc.eption conditional use shall also be considered by the planning
and zoning board which shall make a recommendation to the city commission concerning said
spec.ial exc.eption conditional use; and
***
(i) Abandonment.
(1) In the event the use of any telecommunications tower has been discontinued for a period of one-
hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination
of the date of abandonment shall be made by the building official who shall have the right to request
documentation and/or affidavits from the telecommunications tower owner/operator regarding the
issue of tower usage. The telecommunications tower owner/operator shall provide all requested
information within ten (10) working days of a request being made, and failure to so provide shall be
deemed to constitute one hundred eighty days (180) days of non-use of the tower. Upon such
abandonment, the owner/operator of the tower shall have an additional ninety (90) days within which
to:
a. Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual
use of the tower; or
b. Dismantle and remove the tower. With regard to towers that received special cxc.cption
conditional use approval, ninety (90) days after dismantling or the expiration of the two-hundred
seventy (270) day period as set forth in this section, the special exception conditional use and/or
variance for the tower shall automatically expire.
Section 3. Additional Technical Conformine Amendments Not in Chapter 20. The
following amendment to sections 6-192 and 9-386.4, City Code, are technical conforming
amendment that are necessary to implement the provisions set forth in Section 2 of this Ordinance.
Sections 6-192 and 9-386.4 are hereby amended as follows: (underlined type indicates additions and
st1ikcottt type indicates deletions).
City ofWintcr Springs
Ordinance No, 2004-49
Page 23 of 26
Sec. 6-192. Utility easements.
(a) It shall be lawful for any person to enclose or fence any utility easements; provided, however, that
adequate access must be provided thereto by the fence owner. If it becomes necessary to cut a fence
or remove walls for the purpose of installation of new utilities or repairing or maintaining installed
utilities, the utility company involved shall be responsible to repair or replace the fence or wall to
the condition existing previous to the installation, repair or maintenance.
(b) A dedicated right-of-way shall not be fenced by any private citizen. However, and only when it
is determined by the bomd of adjustment city commission that fencing, in whole or in part, of a
public right-of-way is necessary to protect the health, safety, and welfare of the citizens of the city
as a whole, the bomd city commission may authorize a spccial c.xGcption conditional use to permit
a private citizen to erect a fence on a d~dicated right-of-way contiguous to that citizen's property.
Requests for such spGda:l c.xGcptiom conditional use to this section shall be decided pursuant to the
criteria of scction 20-82(1)b, and to the; procedures set forth in chapter 20 of the city code of sGctions
20-83 and 20-84.
(c) Any fencing approved by spcGial Cxc.cption conditional use to be erected on a dedicated right-of-
way shall be constructed according to plans approved by the city staff, with gates adequate to allow
access to maintenance vehicles. All costs incurred in fencing the right-of-way shall be borne by the
contiguous property owner to whom the special exception conditional use may be granted. The fence
shall be maintained in safe condition by the property owner who installed it, and the fencing when
removed may be reclaimed by that property owner.
(d) Such fences erected privately by special exception conditional use on a dedicated right-of-way
shall not preclude access to or use of such public land by any citizen of the city.
See. 9-386.4 Definitions.
Development permit: Includes any building permit, conditional use. zoning approval, subdivision
approval, rezoning, development order, special exception, variance, or any other official action of
local government having the effect of permitting the development ofland.
Section 4. 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 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
City of Winter Springs
Ordinance No. 2004-49
Page 24 of 26
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. 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 7. 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 . 2004.
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:
City of Winter Springs
Ordinance No. 2004-49
Page 2S of 26
Effective Date:
City of Winter Springs
Ordinance No. 2004-49
Page 26 of 26
November 22, 2004
Public Hearing Item 403
ATTACHMENT B
Excerpts from Draft Unapproved Minutes, Nov. 3,2004
III. PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
Community Development Department - Planning Division And Office Of
The City Attorney
A. Requests That The Local Planning Agency Hold A Public Hearing To
Consider Amending Chapter 20, Zoning, Of The Code Of Ordinances, As
It Relates To Rezoning, Variances, Conditional Uses, Waivers, And
Administrative Appeals.
Chairperson Krebs opened the "Public Input" portion of this Agenda item.
Noone spoke.
Chairperson Krebs closed the "Public Input" portion of this Agenda item.
Discussion.
"I MAKE A MOTION THAT WE RECOMMEND THE APPROVAL TO
THE CITY COMMISSION FOR ADOPTION OF ORDINANCE 2004-49,
A CODE AMENDMENT STREAMLINING AND SIMPL YFYING THE
CURRENT APPLICATION PROCESS AND GENERAL PROCEDURE
RELEVENT TO LAND USE DECISIONS, WITH THE ADDITION OF
SOME LANGUAGE THAT DENIES USE VARIANCE." MOTION BY
BOARD MEMBER BROWN. SECONDED BY VICE CHAIRPERSON
KARR. DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
VICE CHAIRPERSON KARR: AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER POE: AYE
BOARD MEMBER VOSKA: AYE
MOTION CARRIED.
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