HomeMy WebLinkAboutResolution 2023-03 Extending Temporary Suspension of Enforcement of Regulations Prohibiting the use of RV for Living RESOLUTION NO. 2023-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, EXTENDING
THE TEMPORARY SUSPENSION OF THE ENFORCEMENT OF
CERTAIN REGULATIONS PROHIBITING THE USE OF
RECREATIONAL VEHICLES FOR LIVING QUARTERS IN
RESIDENTIAL ZONING DISTRICTS THROUGH APRIL 30, 2023;
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 was extended by Executive Order 22-268 and remains
in effect until January 20, 2023; 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 Resolutions 2022-26,
2022-34, 2022-36, 2022-37, 2023-01, and shall consider further extension via Resolution 2023-05;
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
City of Winter Springs
Resolution No. 2023-03
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the City Code regarding use of recreational vehicles parked on residentially zoned property for
living quarters or units for approximately the next six (6) months is in the best interest of the
citizens and business 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, the City Commission previously adopted Resolution 2022-29, which
temporarily suspended 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,which would
expire on April 10, 2023; and
WHEREAS,the City Commission desires to extend the temporary suspension in Resolution
2022-29 such that it will expire on April 30, 2023; 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, the 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 through April 30, 2023, as follows:
1. Section 20-431(1)(c)and 20-431(1)(f)3. Recreational vehicles maybe occupied as temporary
living quarters while such recreational vehicle is parked or stored 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 to the owner's permanent residence
was sustained during Hurricane Ian that remains unrepaired or where repairs are in progress and
remain uncompleted.
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.
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Resolution No. 2023-03
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Section 5. 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 at 11:59
p.m. on April 30, 2023.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this of January, 2023.
KEVIN McCANN, Mayor
ATTEST:
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CHRISTIAN GOWAN, City Clerk .1� e n
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Approved as to legal form and sufficiency for k ` ,
the City ' ter Springs only: y0�
AN NY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2023-03
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