HomeMy WebLinkAboutOrdinance 2022-09 Amending Chapter 13 Nuisances & Local Enforcement of State Home Based Business Law ORDINANCE NO. 2022-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; AMENDING CHAPTER 13, ARTICLE I OF THE
WINTER SPRINGS CODE OF ORDINANCES
REGULATING PUBLIC NUISANCES AND PROVIDING
FOR LOCAL ENFORCEMENT OF THE STATE HOME-
BASED BUSINESS LAW; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Art. VII1 of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law, and is authorized to enforce the City Code in accordance with the police power vested in the
City including, but not limited to, under Chapter 162, Florida Statutes and other applicable state
law; and
WHEREAS, the City Commission desires to amend the City Code relating to the
enumeration of public nuisances, and based on recent legislation adopted by the Florida
Legislature during the 2021 session and codified in Section 559.955, Florida Statutes, it has been
determined that it is warranted to provide amendments to the City Code regarding the local
enforcement of the state home-based business law by the City to mitigate against public nuisances
created by home-based businesses that are in violation of state law; and
WHEREAS, the City Commission hereby finds that this Ordinance constitutes a valid
exercise of the City's police power because this Ordinance seeks to preserve the integrity of the
residential areas and the unique aesthetic qualities of the City and also seeks to enforce state law;
and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Chapter 13, is hereby amended as follows (underlined type indicates additions and stri-keou type
City of Winter Springs
Ordinance No. 2022-09
Page I of 4
indicates deletions, while asterisks (x X X) indicate a deletion from the Ordinance of text existing
in Chapter 13. It is intended that the text in Chapter 13 denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
Chapter 13—NUISANCES
ARTICLE I.—IN GENERAL
Sec. 13-5. Home-Based Business—Enforcement of State Prohibitions.
(a) It shall be unlawful and constitute a public nuisance for a home-based business to operate
in violation of the following- state law prohibitions set forth under Section 559.955, Florida
Statutes, as may be amended, and any violation of one or more of these prohibitions may be
prosecuted by code enforcement in accordance with law:
(1) Carrying on a home-based business with more than two employees or independent
contractors, not including the residents of the dwelling, working at a home-based business in the
City where such work is not performed remoter
(2) Parking related to the business activities of the home-based business in violation of
applicable provisions of the Cites
(3) Carrying on a home-based business that generates a need for parkin that hat is greater
in volume than would normally be expected at a similar residence where no business is conducted.
(4) Parkins; of commercial motor vehicles or trailers as defined in Section 20-132 of
the City Code used in connection with a home-based business or parkingi home-based business
employees' vehicles or trailers in the right-of-way, on or over a sidewalk, or on anyproved
surfaces at the residence.
(5) Parking or storage of heavy equipment at a home-based business that is visible from
the street or neighboring_property. Heavy equipment shall mean commercial, industrial, or
agricultural vehicles, equipment, or machinery.
(6) Maintenance of an external modification(s) to a residential dwelling
accommodate a home-based business that does not conform to the residential character and
architectural aesthetics of the neighborhood when viewed from the right-of-way or street.
(7) Conducting of retail transactions at a structure on a residential property other than
a residential dwelling.
City of Winter Springs
Ordinance No. 2022-09
Page 2 of 4
(8) Conducting a home-based business where the activities of the business are primary,
rather than secondary,to the property's use as a residential dwelling. For purposes of this section,
"secondary" means a use that is incidental and subordinate to the primary use and area of the
property serving as a residential dwelling and does not alter the principal residential use of the
property.
(9) Maintenance of signage that does not comply with Chapter 16 or 20 of the City
Code or any other applicable local, state or federal law.
(10) Creation of excessive noise,vibrations, heat, smoke, dust, glare, fumes, or noxious
odors that are visible or otherwise sensed or discerned on neighboring property_
(11) Maintenance, storage, use or disposal of any corrosive, combustible, or other
hazardous or flammable materials or liquids for any business activity in violation of local, state,
and federal regulations or so as to be offensive or injurious to the health, welfare or safetyof f the
public.
(b) This section does not supersede or repeal, or prohibit the enforcement of:
M Any current or future declaration or declaration of condominium adopted pursuant
to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or
declaration of covenant adopted pursuant to chapter 720.
Any provision of the City Code related to transient public lodging establishments,
as defined in section 509.013(4)(a) 1., Florida Statutes that are not otherwise preempted under
chapter 509,Florida Statutes including,but not limited to Sections 110-486 and 110-487 regulating
vacation rentals.
.(c) The city may enforce the provisions of this section by any lawful means including, but not
limited to, abating a public nuisance pursuant to this chapter 13, article I, issuing a civil citation,
bringing charges before the city's code enforcement board or special magistrate, and seeking
injunctive and equitable relief. Where a violation of this section does not constitute a hazardous
condition requiring immediate and direct governmental action to abate a serious and continuing
danger to the public,notice mayprovided to the property owner and/or home-based business in
accordance with F.S. ch.162, and chapter 2, article III, division 2, of the City Code, describing a
violation of this chapter.
(d) It is not the intent of this Section to repeal Section 20-452 of the Cites
Secs. 13-6-5-13.25.—Reserved.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
City of Winter Springs
Ordinance No. 2022-09
Page 3 of 4
It is not the intent of this Ordinance to repeal Section 20-452 of the City Code.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph,number or letter,and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause,phrase,word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs,Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 12th day of September, 2022.
KEVIN McCANN,Mayor
ATTEST: �✓��--
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CHRISTIAN GOWAN 'f AL
City Clerk c' A
APPRPkED AS TO LEGAL FORM AND SUFFICIENCY
FO H CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: August 22, 2022
Legal Ad Published: August 31,2022
Effective Date: September 12, 2022
City of Winter Springs
Ordinance No. 2022-09
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