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Home My WebLink AboutOrdinance 146 Building Permits ORDINANCE NO. 146 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, AMENDING SECTION 44.85.7(12) OF ARTICLE XIV OF THE CODE OF ORDINANCES OF THE CITY; SPECI- FYING CONDITIONS UNDER WHICH A BUILDING PERMIT WILL NOT BE ISSUED, EMPOWERING THE CITY TO ENFORCE COVENANTS AND OTHER LAND USE RESTRI- CTIONS; CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City Council deems it to be in the public interst to provide a means for the City of Winter Springs to enforce covenants and other restrictions on land required by the Council of a developer or owner of a Planned Unit Development and WHEREAS, in order to accomplish the intent and purpose of this Council, it is necessary to amend Section 44.85.7(12) of Article XIV of the Code of Ordinances of the City. NOW, THEREFORE, The City of Winter Springs hereby ordains SECTION 1 That Section 44.85.7(12) of Article XIV of the Code of Ordinances is hereby amended by repealing and delet- ing from that Section any reference to the "City Attorney" and establishing in place of those words "The City Council" and said Section as amended shall now read as follows: Section. 44.85.7(12) Covenants, conditions, restrictions, agreements, and grants which govern the use, maintenance, and continued protection of buildings, structures, landscaping, common open space, recreational areas and facilities within the develop- ment. Said documents shall indicate to the satisfaction of the City Council an acceptable method of insuring that all obligations and improvements designated in the Final Development Plan can and shall be completed. Bonds or an escrow account may be nec- essary in order to satisfy this requirement. SECTION 2 That the City of Winter Springs hereby amends Section 44.85.7(12) of Article XIV of the Code of Ordinances of the City by adding thereto Subsection (a) and (b) to read as follows: Section 44.85.7(12) (a) The covenants, conditions, restri ctions, agreements, or grants, which govern the use, maintenance, and continued protection of buildings, structures, landscaping, common open spaces, recreational areas and facilities within the development, shall specificially include a detailed outline of the following: (1) Uses (2) Building height limitations (3) Building area limitations (4) Front, rear and side yard setback criteria (5) Lot area coverage (6) Minimum living area (7) Any other restrictions pertaining to buildings or building placement. Examples of such restrictions are "no garage entrance shall be located on the front street side of dwellings" or "all appurtenant building, swimming pools, screen enclosures, or other additions shall be at the rear of and within the encompassed by a rearward extension of the sidelines of primary dwelling." (8) Off-street parking requirements, both en- closed and open, and authorized locations for same. A developer or owner of a Planned Unit Development, as a condition to receive approval of P.U.D. zoning or approval of a Preliminary Final Development Plan shall agree as a condition thereof that these covenants, conditions, restrictions, agreements or grants shall be enforceable by the City of Winter Springs and that the City shall be a proper party Plaintiff to enforce the same in law or equity in any court of competent jurisdiction. In addition, no permits shall be issued for buildings in a Planned Unit Development that does not conform with the requirements above. Section 44.85.7(12)(b) In currently approved Planned Unit Developments, the requirements of Subsection (a) above which are contained in currently listed or subsequently revised covenant , conditions, restrictions, agreements or grants shall be enforceable by the City in law or equity in any court of competent jurisdiction SECTION 3. CONFLICTS This Ordinance shall not be construed to have the effect of repealing any existing Ordinance concerning the subject matter of this Ordinance, except as specifically stated herein, but the regulations established herein shall be supplemental and cumula- tive; however, in the case of a direct conflict with a provision or provisions of any existing Ordinance, the provision which is more restrictive and imposes higher standards or requirements shall govern. SECTION 4. SEVERABILITY If any section, part of section, paragraph, sentence, clause, phrase, or word of this Ordinance is, for any reason -2- held or declared to be unconstitutional, inoperative, or void, such holding of invalidity shall not affect the remaining portion of this Ordinance and it shall be construed to have been the legislative intent to pass this Ordinance without such unconsti- tutional invalid or inoperative part therein, and the remainder of this Ordinance, after the exclusion of such parts, shall be deemed to be held valid as if this Ordinance had been adopted without the invalid provision therein; or if any provision ther- of, shall be held inapplicable to any person, group or persons, property, kind of property, circumstances, or set of circumstances such holding shall not affect the application thereof to any other person, property or circumstances. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon passage and adoption. FIRST READING November 29, 1976 SECOND READING December 13, 1976 CITY OF WINTER SPRINGS, FLORIDA BY Troy J. Piland MAYOR ATTEST: Mary T. Norton City Clerk -3- CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING AN ORDINANCE OF THE CITY OF WINTER SPRINGS, AMENDING SECTION 44.85.7(12) OF ARTICLE XIV OF THE CODE OF ORDINANCES OF THE CITY; SPECI- FYING CONDITIONS UNDER WHICH A BUILDING PERMIT WILL NOT BE ISSUED, EMPOWERING THE CITY TO ENFORCE COVENANTS AND OTHER LAND USE RESTRI- CTIONS; CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine the same. All interested parties are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald, a newspaper of general circulation in said City, one (1) time at least fifteen (15) days prior to the time of the public hearing. DATED this 10th day of November, 1976. CITY OF WINTER SPRINGS, FLORIDA BY Is/ Mary T. Norton MARY T. NORTON GARY E. MASSEY 616 E. Semoran Blvd. A1tamonte Springs, Fla. 32701 City Attorney An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA Evening Herald STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared.....",.,.",..."....",. .......,. ........ ~~~.~. .~,.. ..~~~,~~.:'(................., who on oath says that~e is Office Ivlanager . , , . , , , . . . . . . . , . . . . , . . . . . . . , . , . . . . , , , , . . of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, ~eing a.,.,.", Le,gal. .Nottce.".",..."".."..,.",.. .in the matter of otice of Public Hearing re: Ord. amending Section ..................................................................................... . ,44. '! $5,~ 7 , .U..4>. , pf. . A:r:l;! ;i.,(:,l~ . JetV', , . , , , , , . , . ,in the, , ,c,:lr.cl~i,t, , ,Court, was published in said newspaper in the issues of,.., , , . , . , , , , , . , , , . , . , , , . , . , , , , . , , . . . ",...,.""". .~qy!. .~5,.. ,~9.7Q,..".,."".."",.,.",."".."".."""",.. Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole Count~ Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, Sworn to and subscribed before me this 15th . . .. , . , ,.i.~,.. , , . , . .. .. , .. , .. , , . , .. . .. day <g dJ ~i~:..>h..:~.~:::~_ ..~~..t7....~~...... . , , , , , , , . , , , , , , . , , . , . , , . . . , .~, . , , , , , , " -"L... (SEAL) Notary Public Notary Public, State of Flc;rida at Large. 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