HomeMy WebLinkAboutOrdinance 2002-31 Screen Enclosure
ORDINANCE NO. 2002-31
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, REGULATING
SCREEN ENCLOSURES; PROVIDING A DEFINITION FOR
SCREEN ENCLOSURE; PROVIDING FOR SETBACK,
HEIGHT, AND OTHER REQUIREMENTS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; PROVIDING FOR INCORPORATION
INTO THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City currently regulates the placement and construction of screen enclosures
under the swimming pool code; and
WHEREAS, the City Commission finds that the regulations applicable to screen enclosures
should apply regardless of whether a pool is constructed; and
WHEREAS, it is the intent and purpose of this ordinance to apply the screen enclosure
requirements set forth in this ordinance to all screen enclosures, regardless of what may be enclosed
within the screen enclosure area; 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 incorporated herein by this
reference.
Section 2.
Swimming Pool Code Amended. The City of Winter Springs Code, Chapter
City of Winter Springs
Ordinance No. 2002-31
Page 1 of 5
6, Article IX, Swimming Pools, is hereby amended as follows: (underlined type indicates additions
and type indicates deletions, while asterisks (* * *) indicate a deletion from this ordinance
of text existing in Chapter 6, Article IX. It is intended that the text in Chapter 6, Article IX, denoted
by the asterisks and set forth in this ordinance shall remain unchanged from the language existing
prior to adoption of this ordinance).
ARTICLE IX. SWIMMING POOLS
* * *
Sec. 6-211. Definitions.
* * *
* * *
Sec. 6-219. Yards.
* * *
City of Winter Springs
Ordinance No. 2002-31
Page 2 of 5
Section 3.
Sec. 6-85. Screen Enclosures Created. Section 6-85 of the City of Winter
Springs Code is hereby created to read as follows (underlined type indicates additions):
Sec. 6-85. Screen enclosures.
(a) Definition. For purposes of this section, the term "screen enclosure" shall mean an
enclosure consisting entirely of screen mesh, except for minimum essential structural framework
required for its support.
(b) Mesh; Load Requirements. Mesh sizes shall not be smaller than twenty (20) by twenty
(20) threads per inch, nor larger than eighteen (18) threads by fourteen (14) threads per inch. Design
computations and construction details of screen enclosures shall be supplied with all plans showing
that same comply with wind load and live load requirements of the building code of the city.
(c) Setbacks. The screen enclosure shall meet all code requirements for front and side
yard setbacks which are applicable to the subject property. Notwithstanding any other applicable rear
setback requirement, the screen enclosure shall not be located any closer than seven (7) feet from the
rear property line of the subject property. On lakefront property, no screen enclosure shall be located
any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established
high-water control level.
(d) Height. The screen enclosure shall not be higher than the primary structure on the
subject property, except when the principal structure exceeds twelve (12) feet. In which case, the
City of Winter Springs
Ordinance No. 2002-31
Page 3 of 5
screen enclosure shall be set back an additional two (2) feet from the minimum setback requirements
contained in subsection (c) for every additional foot above twelve feet.
(e) Easements. Screen enclosures shall not be constructed within an easement area, unless
the easement expressly allows said construction.
(f) Screen enclosure modifications. If any portion of an existing screen enclosure is
modified so that it no longer satisfies the definition in subsection ( a), the modified screen enclosure
shall meet all building setback and height requirements that are applicable to principal and accessory
buildings for the subiect property.
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.
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 the City
City of Winter Springs
Ordinance No. 2002-31
Page 4 of 5
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 28th day of October, 2002.
PAUL P. PARTYKA, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: October 14, 2002
Second Reading: October 28, 2002
Effective Date: October 28, 2002
City of Winter Springs
Ordinance No. 2002-31
Page 5 of 5
CITY OF WINTER SPRINGS
NOTICE OF AMENDMENT TO
CODE OF ORDINANCES
CHAPTER 6. BUILDINGS AND
BUILDING REGULATIONS
The City of Winter Springs proposes to adopt the
following ordinance, as stated below:
ORDINANCE NO. 2002-31
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, FLORIDA,
REGULATING SCREEN ENCLOSURES; PRO-
VIDING FOR SETBACK, HEIGHT, AND OTHER
REQUIREMENTS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDI-
NANCES AND RESOLUTIONS; PROVIDING
FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PRO-
VIDING FOR AN EFFECTIVE DATE.
A public hearing for the second hearing \of pro-
posed Ordinance 2002-31 will be held on October
28, 2002, at 6:30 p.m. or Soon thereafter, at. the
Commission Chambers, City of Winter Springs
City Hall, 1126 East State Road 434, Winter
Springs, Florida. Interested parties may appear
at the meeting and be heard regarding this meet-
ing.
The proposed ordinance may be inspected by
interested parties between 8 a.m. and 5 p.m.,
Monday through Friday, at the City's Clerk's Office
at 1126 East State Road 434, Winter Springs,
Florida. For more information call (407) 327-1800
#227. Persons with disabilities needing assis-
tance to participate in any of these proceedings
should contact the Employee Relations
Department Coordinator, 48 hours in advance of
the meeting at (407) 327-1800 #236. This is a
public hearing. If you decide to appeal any deci-
sion made by the City Commission with respect
to any matter considered at this meeting, you will
need a record of the proceedings, and for such
purposes, you may need to ensure that a verba-
tim. record of the proceedings is made upon
which the appeal is based.
ANDREA LORENZO-LUACES
CITY CLERK