HomeMy WebLinkAboutResolution 2022-29 Temporarily Suspending Portions of Section 20-431 (Recreational Vehicles as Living Quarters in Residential Zoning) RESOLUTION NO. 2022-29
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, TEMPORARILY
SUSPENDING THE ENFORCEMENT OF CERTAIN REGULATIONS
PROHIBITING THE USE OF RECREATIONAL VEHICLES FOR LIVING
QUARTERS IN RESIDENTIAL ZONING DISTRICTS FOR A PERIOD
OF SIX (6) MONTHS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS,the City is granted the authority, under' 2(b),Art.VIII of the State Constitution,
to exercise any power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, the City Commission of the City of Winter Springs previously adopted
regulations prohibiting the use of recreational vehicles as temporary living quarters or living units
when parked in residential zoning districts of the City, pursuant to Section 20-431 of the City Code
and other applicable code provisions; and
WHEREAS, Hurricane Ian impacted the City of Winter Springs and caused significant
damage to property within the City, particularly due to extraordinary rainfalls, and many property
owners have experienced substantial flooding damage within the City; and
WHEREAS, on September 23, 2022, Governor Ron DeSantis issued Executive Order 22-
218, declaring a state of emergency for several counties within the State of Florida in response to
Hurricane Ian, and said Executive Order was expanded on September 24, 2022, for the entire State
of Florida via Executive Order 22-219,which will continue to be effective until November 22, 2022;
and
WHEREAS, the City Commission of the City of Winter Springs declared a state of civil
emergency prior to Hurricane Ian's arrival pursuant to Sections 4.05 and 4.06 of the City Charter,
Section 2-255 of the City Code, and Section 252.38(3), Florida Statutes, via Resolution 2022-26,
which commenced at 8:00 a.m. on September 27, 2022 and expired on October 4, 2022; and
WHEREAS, the term "recreational vehicles" includes camping trailers, truck campers,
motor homes, house trailers or other such vehicles designed or modified to provide temporary
living quarters or designed or modified to facilitate recreation, camping or travel by
accommodating the needs for temporary quarters, in accordance with the Winter Springs City
Code; and
WHEREAS, there has been an increased demand to utilize recreational vehicles parked on
residentially zoned property for temporary living quarters while damage to permanent residences
caused by Hurricane Ian is repaired; and
WHEREAS, the City Commission believes that temporarily relaxing certain provisions of
the City Code regarding use of recreational vehicles parked on residentially zoned property for
living quarters or units for the next six(6) months is in the best interest of the citizens and business
City of Winter Springs
Resolution No. 2022-29
Page 1 of 3
owners of Winter Springs to allow for repairs to take place and to limit further financial hardship
to residents impacted by the storm; and
WHEREAS, all other regulations regarding recreational vehicles shall remain in place and
shall be enforced, such as the requirement to park behind the front building line and the
prohibition on parking recreational vehicles within the right-of-way on any city street, alley, lane,
way, drive or other thoroughfare overnight; and
WHEREAS, City Commission deems that this Resolution is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by reference.
Section 2. Temporary Suspension of Certain Recreational Vehicles Regulations.
The Winter Springs City Commission hereby approves temporarily suspending the enforcement
of certain provisions of Section 20-431 of the City Code for six (6) months, beginning on October
10, 2022, as follows:
1. Section 20-431(1)(c) and 20-431(1)(f)3.. An owner of real property may occupy a recreational
vehicle as a temporary living quarter while such recreational vehicle is parked or stored on their
property within a residentially zoned district in the City, provided that such use of the recreational
vehicle as a temporary living quarters shall only be permissible in circumstances where damage
was sustained to the owner's permanent residence on said property during Hurricane Ian that
remains unrepaired or where repairs are in progress and remain uncompleted. The intent of this
suspension is to allow the property owner to use their recreational vehicle as a living quarter on
their property while their primary residence is being repaired due to damage caused by Hurricane
Ian.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word,
or portion of this Resolution is for any reason held invalid or unconstitutional by a court of
competent jurisdiction, whether for substantive or procedural reasons, 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 Resolution.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section S. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida, and shall expire six (6)
months after its adoption. This effective date of this resolution may be extended or reduced by
the City Commission by majority vote as deemed necessary at the sole discretion of the
Commission.
City of Winter Springs
Resolution No. 2022-29
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ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this 10th day of October, 2022.
KEVIN McCANN, Mayor
ATTEST:
CHRISTIAN GOWAN, City Clerk
Approved as to legal form and sufficiency for
the CitybflWinter Springs only:
NTHONY A. GARGANESE, City Attorney t J •., 9E�,"Nc
City of Winter Springs
Resolution No. 2022-29
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