HomeMy WebLinkAboutOrdinance 240 Board of Adjustment
Adopted 5/26/81
ORDINANCE NO. 240
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
MAKING THE GRANTING OF ALL CONDITIONAL USES SUBJECT
TO HEARING BEFORE THE BOARD OF ADJUSTMENT; ESTABLISHiNG
PROCEDURE FOR GRANTING CONDITIONAL USES; REQUIRING
NOTICE TO ADJACENT AND NEARBY/LANDOWNERS; PROVIDING
FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Winter Springs,
Florida, has determined that it is in the best interests of the
citizens of the City of Winter Springs, Florida, that there be a
consistent procedure for considering requests for and granting of
conditional use permits; and
WHEREAS, the City Council of the City of Winter Springs,
Florida, has determined that the Board of Adjustment is the appro-
priate body to hear requests for and to grant conditional use-
permits;
NOW, THEREFORE, the City of Winter Springs, Florida, hereby
ordains:
I. That Section 44.21 of the Code of Ordinances, City of Winter
Springs, Florida, is hereby amended to read as follows:
Section 44.21. Duties and powers; general.
The Board of Adjustment shall serve to grant any variance,
special exception or conditional use as delineated in this code.
(1) The board of adjustment shall have the additional following
specific powers and duties.
a. To hear and decide only appeals where it is alleged
there is error in any order, requirement, decision or
determination made by an administrative official in
the enforcement of any zoning ordinance or regula-
tions adopted.
b. To hear and decide special exceptions as authorized
under the terms of the city's zoning ordinances; to
decide such questions as are involved in determining
when special exceptions should be granted; and to
grant special exceptions with appropriate conditions
and safeguards, or to deny special exceptions when
not in harmony with the purpose and intent of the
zoning regulations. In granting any special excep-
tions, the board shall find that such grant will not
adversely affect the public interest. In granting any
special exception with appropriate conditions and
safeguards, violation of such conditions and safe-
guards, when made a part of the terms under which
the special exception is granted, shall be deemed
a violation of the ordinance. The board of adjust-
ment may prescribe a reasonable time limit within
which the action for which the special exception is
required shall be begun or completed, or both. The
board of adjustment is authorized to grant special
exceptions when the applicant is seeking a minor
deviation from zoning requirements so long as the
granting of such special exception does not cause
a change of character in the neighborhood, does not
constitute a rezoning of the property in question or
does not create a hardship for any of the adjacent
property. The board of adjustment may also grant
special exceptions within C-l Neighborhood Commercial
Districts when the applicant has not sought a use
listed in Section 44.47, when the use sought will not
cause an undue hardship to the area of [the] city,
will not create a hazard or threat to the health,
safety and welfare of the community, will generally
comply with the character of the neighborhood and
when the use is in harmony with the intent of the
zoning ordinances of the City of Winter Springs.
c. To authorize upon appeal such variance from the terms
of the ordinance as will not be contrary to the public
interest where, owing to special conditions, a literal
enforcement of the provisions of the ordinance will
result in unnecessary and undue hardship. In order to
authorize any variance from the terms of the ordinance,
the board of adjustment must and shall find:
(i) That special conditions and circumstances exist
which are peculiar to the land, structure or
building involved and which are not applicable
to other lands, structures or buildings in the
same zoning district;
(ii) That the special conditions and circumstances do
not result from the actions of the applicant;
(iii) That granting the variance requested will not
confer on the applicant any special privilege that
is denied by this ordinance to other lands, buildings
or structures in the same zoning district;
(iv) That literal interpretation of the provisions of
the ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same
zoning district under the terms of the ordinance
and would work unnecessary hardship on the applicant;
(v) That the variance granted is the minimum variance
that will make possible the reasonable use of the
land, building or structure;
(vi) That the grant of the variance will be:in harmony
with the general intent and purpose of the ordin-
ance, will not be injurious to the neighborhood,
or otherwise detrimental to the public welfare.
(2) In granting any variance, the board of adjustment may
prescribe appropriate conditions and safeguards. Violations
of such conditions and safeguards, when made a part of the
terms under which the variance is granted, shall be deemed
a violation of the ordinance. The board of adjustment may
prescribe a reasonable time limit within which the action
for which the variance is required shall be begun or
completed, or both.
(3), Under no circumstances shall the board of adjustment grant
a variance to permit a use not generally or by special ex-
ception permitted in the zoning district involved, or any
use expressly or by implication prohibited by the terms
of the ordinance in the said zoning district. No non-
conforming use of neighboring lands, structures or buildings
in the same zoning classification or district, and no per-
mitted use of lands, structures or buildings in other zoning
classifications or districts shall be considered grounds
for the authorization of a variance.
(4) The board of adjustment may promulgate such rules of
procedure as are necessary and not in conflict with the
provisions of the Code of Ordinances of the City of Winter
Springs, or those statutes of the State of Florida which
are specifically applicable to municipalities.
(5) In exercising its powers, the board of adjustment may,
upon appeal and in conformity with provisions of this
regulation, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or determination
as ought to be made, and to that end shall have the powers
of the officers from whom the appeal is taken. A majority
vote of all members of the board shall be necessary to
reverse any order, requirement, decision or determination
of any such administrative official, or to decide in favor
of the applicant on any matter upon which the board is
required to pass under these regulations. (Ord. No. 156,
S 2, 9-12-77; Ord. No. 180, S 1, 11-12-78)
II. That Section 44.21.1 of the Code of Ordinances, City of Winter
Springs, Florida, is hereby amended to read as follows:
Section 44.21.1. Procedures.
(1) Upon receipt, in proper form and with appropriate fees,
an application for a variance, special exception or conditional
use as delineated in this code, the board of adjustment shall
agenda such application for consideration at a public hearing.
(2) All such applications will be processed within sixty (60)
days of receipt of same.
(3) All meetings for consideration of a variance, special excep-
tion or conditional use shall be noticed for at least seven (7) days
prior to the date of the meeting in the following manner:
a. Posting the affected property with a notice of the meeting
which indicates the matter to be considered.
b. Posting at City Hall a notice of the meeting which indicates
the property affected and the matter to be considered.
c. At least seven (7) days prior to the meeting, the board of
adjustment shall also notify all owners of property adjacent
to or within one hundred fifty (150) feet of the property to
be affected of the time, date and place of the meeting. Such
letter must also indicate the variance, special exception or
conditional use requested, and must require proof of delivery.
(4) All interested persons shall be entitled to be heard at such
meetings or to be heard by written statement submitted at or prior to
such meeting.
(5) In the event a special exception, variance or conditional
use is not authorized by the ordinances of the City of Winter Springs,
the person requesting the unauthorized action must submit an application
pursuant to section 44.16 of this code.
(6) Appeals to the board of adjustment may be taken by any person
aggrieved or by any officer, board or bureau of the city affected by
any decision of an administrative official under the zoning regulations.
Such appeal shall be taken within thirty (30) days after such decision
is made by filing with the officer from whom the appeal is taken
and with the board of adjustment, a notice of appeal specifying the
board. The administrative offical from whom the appeal is taken shall,
upon notification of the filing of the appeal, forthwith transmit
to the board of adjustment all the documents, plans, papers, or
other materials constituting the record upon which the action
appealed from was taken.
The board of adjustment shall fix a reasonable time for the
hearing of the appeal, give public notice thereof, as well as due
notice to the parties in interest, and decide same within a reason-
able time. Upon the hearing, any party may appear in person or
by agent or by attorney. For procedural purposes, an application
for a special exception shall be handled by the board of adjustment
the same as for appeals.
(7) Any variance, special exception or conditional use which
may be granted by the board of adjustment or city council shall ex-
pire six (6) months after the effective date of such action by the
board of adjustment or city council, unless a building permit based
upon and incorporating the variance, special exception or conditional
use is obtained within the aforesaid six-month period. However, the
board of adjustment or city council may renew such varmance, special
exception or conditional use for one additional period of six (6)
months; provided, good cause is shown and the application for exten-
sion shall be filed with the board at least thirty (30) days prior to
the expiration of the aforesaid six-month period. Any renewal may
be granted without public hearing; however, a re-application fee may
be charged in an amount not to exceed the amount of the original
application fee. It is intended that provisions contained withih
this subsection are to be retroactive to the extent that- any variance,
special exception or conditional use previously granted shall become
void if a period of time in excess of twelve (12) months shall have
lapsed, and a building permit based upon and incorporating the afore-
said variances, special exceptions or conditional use has not been
issued prior to expiration of such time limit. (Ord. No. l56,S2,
9-12-77: Ord. No. 180, S 2, 11-12-78)
III. That Section 44.27.3 of the Code of Ordinances, City of Winter
Springs, Florida, is hereby amended to read as follows:
SECTION [44.27.3]. CONDITIONAL USES.
There shall be no conditional uses within the R-lAAA Single-
Family Dwelling Districts, except the following:
(1) Churches
(2) Schools
(3) Public recreational areas and facilities
Before a conditional use may be granted witn1n the said classi-
fication, the board of adjustment of the City of winter Springs,
Florida, must, after public hearings, find that the use or uses are
consistent with the generalzoning plans and with the public interest.
IV. That Section 44.27.11 of the code of Ordinances, City of Winter
Springs, Florida, is hereby amended to read as follows:
SECTION [44.27.11]. CONDITIONAL USES
There shall be no conditional uses within the R-CI Single-
Family Dwelling Districts, except the following:
(1) Churches:
(2) Schools:
(3) Public recreational areas and facilities.
Before a conditional use may be granted within the said classi-
fication, the board of adjustment of the City of Winter Springs,
Florida, must, after public hearings, find that the use or uses
are consistent with the general zoning plans and with the public interest.
V. That Section 44.30 of the Code of Ordinances, City of Winter
Springs, Florida, is hereby amended to read as follows:
SECTION 44.30. CONDITIONAL USES.
There shall be no conditional use within R-lAA and R-lA
One-Family Dwelling Districts except the following.
(a) Churches with their attendant educational buildings and
recreational facilities.
(b) Public utility and service structures.
(c) Schools.
(d) Public recreation areas and facilities.
(e) Stadiums, independently or in conjunction with existing
school facilities, provided that seating capacity shall
not exceed the student enrollment of the school to be
served plus ten (10) pen cent, and provided there shall
be no lights for night use.
(1) Before a conditional use may be granted within the said
classification, the board of adjustment of the City of Winter
Springs, Florida, must, after public hearings, find that the use
or uses are consistent with the general zoning plan and with the
public interest.
(2) Any review of an application or plan shall consider the
character of the neighborhood in which the proposed use is to be
located and its effects on the value of the surrounding lands, and
further, the area of the site as it relates particularly to the
required open spaces and off-street parking facilities.
(3) Any conditional use that may be granted is limited to
the use and intensity shown in the application and plans sub-
mitted, and application must receive approval in the same manner
as the original application
(4) Applicants for a conditional use for the location of a
church in any residential zoning district shall furnish the board
of adjustment of the City of winter Springs, Florida, with the
following information and shall provide the minimum setbacks,
off-street parking and sidewalks as set forth herein, as follows:
(A) Setbacks, minimum:
(i) Front yard minimum of twenty-five (25) feet in
R-lA Single-Family Dwelling Districts and thirty-
five (35) feet in R-lAA Single-Family Dwelling
Districts, from property line; arterial streets
to be treated individually.
(ii) Back yard minimum of twenty-five (25) feet.
(B) Off-street parking:
(i) Provide one parking space for each eights seats in
chapel and nave, plus one parking space for each
church official resident on the premises, plus ad-
ditional parking spaces equal in number to fifty
(50) percent of the number of permanent employees.
(ii) Space for one car equals ten feet by twenty feet or
two hundred square feet plus ingress and egress to
a public roadway.
(iii) Parking area may not occupy any of the front yard
se tback .
(iv) If sufficient parking area is not available on
church lot, parking may be provided within three
hundred (300) feet either through ownership or
lease but must be zoned or approved for such use.
(C) Sidewalks:
(i) Sidewalks shall be installed by the church on all
streets abutting the church building and such side-
walks shall also be installed bordering parking areas
serving new or additional church facilities.
(5) All applications shall contain complete descriptions of
any easements or restrictions affecting the title to the proposed
church site which may be inconsistent with the proposed use.
VI. ,That Section 44.39 of the Code of Ordinances, City of Winter
Springs, Florida, is hereby amended to read as follows:
SECTION 44.39. CONDITIONAL USES.
Conditional uses in R-l One-Family Dwelling Districts are the
same as for R-lAA and R-IA Single-Family Dwelling Districts.
Before a conditional use may be granted within the said classi-
fication, the board of adjustment of the City of Winter Springs,
Florida, must, after public hearings, find that the use or uses
are consistent with the general zoning plan and with the public
interest.
VII. That Section 44.45.3 of the Code of Ordinances, City of Winter
Springs, Florida, is hereby amended to read as follows:
SECTION [44.45.3]. CONDITIONAL USES.
Conditional uses within R-3 Multiple-Family Dwelling Districts
are the same as for R-lAAA, R-lA and R-l Single-Family Dwelling
Districts. (Ord. No. 68, SXII, 11-29-71)
Before a conditional use may be granted within the said classi-
fication, the board of adjustment of the City of Winter Springs,
Florida, must, after public hearings, find that the use or uses are
consistent with the general zoning plan and with the public interest.
VIII. That Section 44.48 of the Code of Ordinances, City of Winter
Springs, Florida, -is hereby amended to read as follows:
SECTION 44.48. CONDITIONAL USES.
Multiple-Family residential units may be permitted as conditional
uses as provided by the board of adjustment.
Before a conditional use may be granted within,the said classi-
fication, the board of adjustment of the City of Winter Springs,
Florida, must, after public hearings, find that the use or uses are
consistent with the general zoning and with the public interest.
IX. That Section 44.58 of the Code of Ordinances, City of Winter
Springs, Florida, is hereby amended to read as follows:
SECTION 44 581-: CONDITIONAL USES.
There shall be no conditional use within R-U Rural Urban
Dwelling Districts except the following:
(1) Churches with their attendant educational buildings and
recreational facilities.
(2) Public utilities and public service structures.
(3) Commercial amusement enterprises operated entirely
for private profit.
(4) Government service facilities.
Before a conditional use may be granted within the said classi-
fication, the board of adjustment of the City of Winter Springs,
Florida, must, after public hearings, find that the use or uses are
consistent with the general zoning and with the public interest.
X. Severability: If any section or portion of section or
subsection of this ordinance proves to be invalid, unlawful or uncon-
stitutional, it shall not be held to invalidate or impair the validity,
force or effect of any other section or portion of section or sub-
section or part of this ordinance.
XI. Conflicts: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
XII. Effective Date: This Ordinance shall take effect upon
final passage and adoption.
PASSED AND ADOPTED this 26 day of May, 1981.
FIRST READING April 14, 1981
SECOND READING May 26, 1981
CITY OF WINTER SPRINGS, FLORIDA
By: Troy J. Piland, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
THIS ORDINANCE WAS POSTED
14 DAY OF APR 1981.
Mary T. Norton
Signed
City Clerk
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CITY OF WINTER SPRINGS, FLORIDA
NOTICE OF PUBLIC HEARING
You are hereby informed that the City Council of the City of Winter
Springs, Florida, will hold a public hearing on an ordinance entitled
as follows:
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
MAKING THE GRANTING OF ALL CONDITIONAL USES SUBJECT
TO HEARING BEFORE THE BOARD OF ADJUSTMENT; ESTABLISH-
ING PROCEDURE FOR GRANTING CONDITIONAL USES; REQUIRING
NanCE TO ADJACEN'l' AND NEARBY LANDOWNERS; PROVIDING
FOR CONFLICTS; PROVIDING FOR.ANEFFECTIVE DATE.
This Public Hearing will be held at 7:30 p.m. or as soon thereafter as
possible on May 12. 1981, in the Council Chamber,
City Hall, 400 N. Edgemon Ave., Winter Springs.
Copies of the proposed ordinance are available in the office of the
City Clerk for inspection. Interested parties may appear at this hearing
and be heard with respect to this proposed ordinance.
Please be advised that, under State Law, if you decide to appeal a
decision made with respect to this matter, you will need a record of
the proceedings and may need to ensure that a verbatim record is made.
Dated this 15th day of Aoril , 1981.
CITY OF WINTER SPRINGS
~7~
Mary T. Norton,
City Clerk
.1,.
SENTINEL STAR
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Before the undersigned authority personally appeared
Betty M. Kinney
, who on oath says that
she is the Legal Advertising Representative of the Sentinel Star, a Daily newspaper
published at Orlando, in Orange County, Florida; that the attached copy of ad-
vertisement, being a No t ic e 0 f Pub 1 ic Hear ing in the matter of
Ordinance re: granting conditional uses sub-
ject to hearing, etc.
in the
Court,
was published in said newspaper in the issues of
April 18, 1981
Affiant further says that the said Sentinel Star is a newspaper published at Or-
lando, in said Orange County, Florida, and that the said newspaper has heretofore
been continuously published in said Orange County, Florida, each Week Day and has
been entered as second-class mail matter at the post office in Orlando, in said Orange
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/she has neither
paid nor promised any person, finn or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said
newspaper.
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Sworn to and subscribed before me this 2 0 t h day
of
April
81
A.D., 19_
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Notary Public
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Notary Public, State of Florida ilt LargeForm No. AD-291A
Mv Commission Expires May 14, 1981
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ADVERTISING CHARGE $ 3 2 . 30
CITY OF WINTER SPRINGS,
FLORIDA
NOTICE OF PUBLIC HEARING
You are hereby informed that the
City Council of the City of Winter
Springs, Florida. will hold a public
hearing on an ordinance entitled
as follows:
AN ORDINANCE OF THE CITY
OF WINTER SPRINGS, FLOR-
IDA, MAKING THE GRANTING
OF A1-L CONDITIONAL USES
SUBJECT TO HEARING BE-
FORE THE BOARD OF AD-
JUSTMENT; ESTABLISHING
PROCEDURE FOR GRANTING
CONDITIONAL USES; RE-
QUIRING NOTICE TO ADJA-
; CENT AND NEARBY LAND-
I OWNERS; PROVIDING FOR
CONFLICTS. PROVIDING FOR
AN EFFECTIVE DATE.
I ;~~ ~U'::h~rH::r~~;:~:r:a';i~~ :~
possible on May 12. 1981, in the
Council Chamber, City Hall. 400 N.
Edgemon Ave., Winter Springs.
Copies of the proposed ordinance
are available in the office of the
City Clerk tor inspection. Interested
parties may appear at this hearing
and be heard with respect to this
proposed ordinance.
Please be advised that, under State
Law. if you decide to appeal.a de-
cision made wi1h respect to this
matter. you will need a record of
the proceedings and may need 10
ensure that a verbatim record is
made.
Dated this 151h day of April, 1981.
Isl Mary T. Norton
Mary T. Norton,
City Clerk
CL.902 Apr.18,1981
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