HomeMy WebLinkAboutOrdinance 2003-07 Accessory Buildings
ORDINANCE NO. 2003-07
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 6-84, WINTER SPRINGS CODE, RELATING TO
ACCESSORY BUILDINGS; ALLOWING BY CONDITIONAL
USE ONE OR MORE ACCESSORY BUILDINGS GREATER
THAN 240 SQUARE FEET ON PROPERTY WITH A
COMPREHENSIVE PLAN FUTURE LAND USE
DESIGNATION OF RESIDENTIAL RURAL; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City's Comprehensive Plan Future Land Use Element (Page I-2) provides
that residential rural areas are mainly reserved for large lot single-family residences not exceeding one
unit per acre and that accessory structures and primary agricultural uses may be permitted based upon
appropriate surrounding land uses; and
WHEREAS, the City Commission finds that under some circumstances the accessory
building restrictions under Section 6-84 of the Winter Springs Code should be relaxed, with
appropriate safeguards, to accommodate the large lots currently designated residential rural pursuant
to the City's Comprehensive Plan; 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. Code Amendment. The City of Winter Springs Code, Section 6-84 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 Section 6-84. It is
intended that the text in Section 6-84 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance).
City of Winter Springs
Ordinance No. 2003-07
Page 1 of 3
Sec. 6-84. Accessory buildings.
* * *
(f) Upon application filed with the City, the City Commission may vary the number, height, and
size requirements set forth in this Section or approve an accessory building on an adjacent lot by
conditional use permit under the following conditions:
(1) The subject property has a residential rural future land use map designation under the
City's Comprehensive Plan.
(2) The applicant submits for review and consideration a detailed architectural rendering
of the proposed accessory building and a plot plan drawn to scale.
(3) The City Commission finds that:
(i) the proposed accessory building is compatible and harmonious with the
principal structure and the surrounding land uses and structures:
(ii) the proposed accessory building will not adversely impact land use activities
in the immediate vicinity:
(iii) the height of the proposed accessory building does not exceed the height of
the principal structure: and
(iv) the accessory building shall meet the requirements of the applicable zoning
district including setback and maximum lot coverage.
(4) An accessory building may be constructed on a lot adjacent to the lot on which the
principal building is located under the following conditions:
(i) The conditions set forth in subsections (1), (2), and (3) are satisfied.
(ii) A legal instrument reasonably acceptable to the City is recorded in the public
records of Seminole Countv that provides that the principal building lot and the
adjacent lot are unified under common ownership and that in the event said ownership
is ever separated, the accessory building shall be removed or a principal building shall
be constructed on the adjacent lot within one (1) year from the date the lots are
separated.
City of Winter Springs
Ordinance No. 2003-07
Page 2 of 3
Section 3. 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 4. 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 5. 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.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 28th day of April, 2003/
JOHN BUSH,Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
First Reading: April 14, 2003
Second Reading: April 28, 2003
Effective Date: April 28, 2003
City of Winter Springs
Ordinance No. 2003-07
Page 3 of 3
CITY OF WINTER SPRINGS
AMENOMENT TO THE CITY COOE
The City of Winter Springs
proposes to adopt the follow-
ing Ordinance, as stated be-
low:
ORDINANCE NO. 2003-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF WINTER
SPRINGS. FLORIDA, AMENDING
SECTION 6.84. WINTER SPRINGS
CODE. RELATING TO ACCESSORY
BUILDINGS; ALLOWING BY CONDI.
TlONAL USE ONE OR MORE AC.
CESSORY BUILDINGS GREATER
THAN 240 SQUARE FEET ON PROP.
ERTY WITH A COMPREHENSIVE
PLAN FUTURE LAND USE DESIG.
NATION OF RESIDENTIAL RURAL;
PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANC.
ES ANO RESOLUTIONS; SEVER.
ABILITY; AND AN EFFECTIVE DATE.
A Public Hearing for the
Second Hearing of proposed
Ordinance No. 2003.07 will
be held an April 28, 21103 at 6:30
p.m. or soon thereafter, in
the Commission Chambers,
City of Winter Springs City
Hall. 1126 East State Road
434, Winter Springs. Flori-
da. Interested parties may
appear at the Meeting and
be heard regarding this
matter.
Interested parties between 8
a.m. and 5 p.m. may inspect
the proposed Ordinance,
Monday through Friday, at
the Office Of the City Clerk
at 1126 East State Road 434,
Winter Springs. Florida.
For more information call
(407) 327.1800 #227. Persons
with disabilities needing as-
sistance to participate In
any of these proceedings
should contact the Employ-
ee Relations Department
Coordinator, 48 hours in ad-
vance of the meeting at
(407) 327-1800 #236. This is a
Public Hearing. If you de.
cide to appeal any decision
made by the City Commis.
sion with respect to any
matter considered at this
meeting, you will need a re-
cord of the proceedings, and
for such purposes, you may
need to ensure that a verba.
tim record of the proceed-
ings is made upon which the
appeal is based.
Andrea Lorenzo-Luaces
City Clerk
CSE,1995586 4/18103
Orlando
Sentinel
Published Daily
State of Florida } S.S.
COUNTY OF ORANGE
Before the undersigned authority personally appeared Linda Bridgewater
, who on oath says
that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally
newspaper published at ORLANDO in
ORANGE/SEMINOLE County, Florida;
that the attached copy of advertisement being a NOTICE IS HEREBY
in the matter of ORDS: 2003-01;2003-26, 2003-25, 2003-28
in the ORANGE/SEMINOLE Court
was published in said newspaper in the issue; of 07/31/03
Affiant further says that the said Orlando Sentinel is a newspaper published at
ORLANDO in said
ORANGE/SEMINOLE County, Florida,
and that the said newspaper has heretofore been continuously published in
said ORANGE/SEMINOLE County, Florida,
each week Day and has been entered as second-class mail matter at the post
office in ORLANDO in said
ORANGE/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/she 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.
The foregoing instrument was acknowledged before me this 31 day of
July , 2003, by Linda Bridgewater
who is personally known to me and did take an oath.
(SEAL) Beverly C. Simmons