HomeMy WebLinkAboutOrdinance 2025-10 Amending the Code to add Parking Lots as a Permitted Use in C-1 DistrictORDINANCE NO.2025-10
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA TO ADD
PARKING LOTS AS A PERMITTED USE IN THE C-1 DISTRICT,
SUBJECT TO CERTAIN CONDITIONS; TO REVISE REQUIREMENTS
FOR SURFACE MATERIALS USED FOR PARKING LOTS; TO
ESTABLISH ADDITIONAL REGULATIONS FOR OFF -SITE PARKING
LOTS; 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 § 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 desires to amend Chapter 20, Zoning, Article III, Establishment of
District Regulations, Division 7, C-1 Neighborhood Commercial District, to provide that parking
lots are permitted in the C-1 District, subject to the regulations provided in Chapter 9, Article IV,
Division 6; and
WHEREAS, the City desires to amend Chapter 9, Land Development, Article IV, Required
Improvements, Division 6, Off -Street Parking and Loading, of the City Code to provide for
additional regulations applicable to off -site parking lots and materials used to construct parking
lots; 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 this
reference.
Section 2. Amendment to Chapter 9, Land Development. The City of Winter Springs
Code of Ordinances, Chapter 9, Land Development, is hereby amended as follows: (underlined type
indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *)
indicate a deletion from the Ordinance of text existing in Chapter 9. It is intended that the text in
Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from
the language existing prior to the adoption of this Ordinance):
Ordinance No. 2025-10
City of Winter Springs
Page 1 of 7
Chapter 9 — LAND DEVELOPMENT
ARTICLE IV, — REQUIRED IMPROVEMENTS
0 a
Division 6. — OFF-STREET PARKING AND LOADING[6]
Sec. 9-278. — General provisions for off-street parking.
The off-street parking, loading and unloading requirements shall apply to all new buildings
or structures, or any existing buildings that may be substantially altered and added to after the
effective date of this section, except as otherwise provided in the sections of this Code.
(9) Location and surface materials of parking spaces. Parking spaces provided
pursuant to this section must be graveled of hard -surfaced, which shall consist of
asphalt, concrete, or pervious pavement or paver systems, and properly drained and
shall be located on the same property as the principal building, ef en a pfepe*
zened let within three hundfed (300) feet of the building. Sueh distanee shall be
. subject to the exceptions provided herein. In determining
automobile parking spaces, if not shown by actual plan and count, three hundred
(300) square feet of gross area per parking space will be used in computing the
number of spaces. When units of measurements determining the number of required
off-street parking and off-street loading spaces result in a requirement of a
fractional space, any fraction up to and over one-half shall require one (1) off-street
parking space or one (1) off-street loading space.
A. Exception for off -site parking; Use of another• building's required off-
street parking for commercial and industrially zoned buildings. No part
of an off-street parking lot constructed on the same property as and
utilized by an existing structure or building to satisfy the minimum
parking requirements of this Section may be used as an off -site parking
Ordinance No. 2025-10
City of Winter Springs
Page 2 of 7
lot for another commercial or industrially zoned property, unless the
following conditions are met:
1. The periods of usage of such buildings or structures will not
substantially overlap to create deficiencies in parking capacity
on the off-street parking lot, such determination to be made by
the planning and zoning board, or the size of the off-street
parking lot is sufficient to accommodate the required parking
spaces for both buildings or structures; and
2. The boundary of the property on which the off-street parking lot
is located shall be not more than three hundred (300) feet from
the boundary of the property desiring to utilize such parking lot
as off -site parking and
3. When off -site parking is allowed pursuant to this subsection and
required to satisfy minimum parking standards under this Code,
the owner shall submit to the city cleric a restrictive covenant or
parking agreement in recordable form, reserving the parkingllot
for off -site use by another property consistent with this Section
for as long as the parking shall be required. The form of the
covenant or agreement shall be subject to review and approval
by the city attorney.
b. Exception for off -site parking; Stand-alone parking lots with no
principal structure. A stand-alone, off -site parking lot with no principal
structure on the property may be constructed where permitted in the
underlyingzoning district, provided that the property boundary upon
which the off -site parking lot will be located is within three hundred
(300) feet of the property boundaryupon which the principal building
or structure utilizing the off -site, stand-alone parking lot is situated.
Such distance shall be measured from the nearest boundary of the
parking; lot property to the nearest boundary of the property on which
the principal building or structure is located. Stand-alone, off -site
parking lots permitted under this exception are subject to the following
additional conditions:
1. Stand-alone parking lots which will be used for regular
business use (continuous, daily use), must be hard -surfaced or
graveled with stone that is no smaller than a #57 stone in size. To
the extent #57 stone is used, the surface shall be stabilized by
turfblocks (concrete or plastic) or proprietary cellular or modular
porous paving systems installed in accordance with manufacturers'
specifications and all driveway aprons shall be concrete.
2. Stand-alone parking lots which will be used on an
intermittent basis (occasional, non -daily use such as parking lots for
places of worship or sporting arenas), may be hard -surfaced,
graveled with stone that is no smaller than a #57 stone in size, or
sodded. To the extent #57 stone is used the surface shall be
Ordinance No. 2025-10
City of Winter Springs
Page 3 of 7
stabilized by turfblocks (concrete or plastic) or proprietary cellular
or modular porous paving systems installed in accordance with
manufacturers' specifications. All driveway aprons shall be
concrete.
3. All parking spaces required to be accessible for the principal
building shall be provided on the property containingprincipal
building or structure in sufficient number as required by state law
for such principal building or structure and may not be located in the
off -site, stand-alone parking lot.
4. Stand-alone parking lots must have proper drainage in
accordance with City Code.
5. All stand-alone parking lots shall be illuminated with such
lighting arranged so as to reflect the light away from adjoining
properties.
6. No advertising signs may be erected on the property
containing the stand-alone parking lot.
7. The setback from the front property line for the stand-alone
parking lot shall be the same as for the district in which such parking
lot is located.
8. All stand-alone parking lots shall be effectively screened on
each side, including the frontage, by a wall or fence and a densely
planted hedge. Such wall, fence, and hedge shall be no less than five
(5) feet in height and shall be maintained in good condition. Nothing
in this subsection shall supersede streetscape requirements
otherwise required by the City Code but, in all cases, a densely
planted hedge shall be incorporated into such streetscape.
9. Where the stand-alone parking lot is constructed of asphalt,
concrete, or another hardened surface, landscaped strips of at least
six (6) feet in width shall be provided between parking aisles of
either head -in or diagonal parkin. In lieu of landscape strips,
landscape islands may be provided. A minimum of one (1) tree shall
be planted in each landscape island or one (1) tree every fifty (50)
lineal feet.
10. Stand-alone parking lots shall not be used for paid short-term
or long-term parking of vehicles unless otherwise permitted by the
underlyingzoning oning district.
11. When a stand-alone, off -site parking lot with no principal
structure is utilized to satisfy minimum parking standards under this
Code for another building or structure, both properties shall be
required to be under common ownership. Further, through a
development agreement and restrictive covenant, the owner shall
restrict the off -site parking lot property solely for off-street parking
use for the applicable building for as long as the parking shall be
required, which may be enforced by the City by lawful means,
Ordinance No. 2025-10
City of Winter Springs
Page 4 of 7
including but not limited to, bringing charges before the City's code
enforcement board or special magistrate and seeking injunctive and
equitable relief.
street parking let fequired fef an), building of use fef the purpose of e0flip! Ing W.I..
the provisions ef the seetions of this Code, shall be ineluded as a -aft of eg str-e
indiemes that the periods of usage of stieh stfuettires will not be simultafieeusly used
unless the size of the off street par -king lot is suffleient to eemply with the pr-
par-king fer a building er- ethef use established subsequent te the adeptien ef t
seetien involves one (1) er- mefe par -eels or traets of land that afe net a part of the plat
shall submit with his applieation for- a building permit an instfument duly exeeuted and
is issued. Newever-, the new eeeupafit must still ffleet the fequir-effients far- sueh new
eeeupaney as pfevided by the seetions of this Cede. The applieant shall deposi
Section 3. Amendment to Chapter 20, Zoning. The City of Winter Springs Code of
Ordinances, Chapter 20, Zoning, is hereby amended as follows: (underlined type indicates
additions to the City Code and stfikeeti type indicates deletions, while asterisks (* * *) indicate a
deletion from the Ordinance of text existing in Chapter 20. It is intended that the text in Chapter
20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to the adoption of this Ordinance):
Chapter 20— ZONING
Ordinance No. 2025-10
City of Winter Springs
Page 5 of 7
ARTICLE III. — ESTABLISHMENT OF DISTRICT REGULATIONS
Division 7. — C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS
Sec. 20-232. — Uses permitted.
Within C-1 Neighborhood Commercial District, no building, structure, land or water shall
be used except for one (1) or more of the following uses:
(57) Parking garages; stand-alone parking lots which meet the requirements for off -site
parking as set forth in Article IV, Required Improvements, Division 6, Off -Street
Parking and Loading, of this Code, except that off -site parking lots shall not be
used for paid, short-term or long-term parking uses.
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. 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 6. 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 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.
Ordinance No. 2025-10
City of Winter Springs
Page 6 of 7
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the 12th day of May, 2025.
ATTEST:
Christian Gowan, City Clerk
Approved as to legal form and sufficiency for
the Ci f Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading:
Legal Ad:
Second Reading:
April 28, 2025
May 1, 2025
May 12, 2025
Kevin McCann, Mayor
Ordinance No. 2025-10
City of Winter Springs
Page 7 of 7