HomeMy WebLinkAboutOrdinance 2003-39 Amending Section 9-281. Dumpsters
ORDINANCE NO. 2003-39
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING CITY
CODE, SECTION 9-281, MINIMUM SCREENING
REQUIREMENTS FOR DUMPSTERS, TO GRANDFATHER
EXISTING DUMPSTERS ENCLOSED BY WALLS THAT DO
NOT SATISFY THE SIX-FOOT HEIGHT REQUIREMENT
SET FORTH IN SECTION 9-281(1); PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article. VIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, on May 13, 2002, the City Commission adopted Ordinance 2002-13,
establishing requirements for the screening of dumpsters; and
WHEREAS, on August 11,2003, the City Commission adopted Ordinance 2003-26, giving
property owners additional time to come into compliance with the dumpster screening requirements
set forth in Section 9-281 of the Winter Springs Code; and
WHEREAS, as required by Section 9-281(7) of the Winter Springs Code, all new and
existing dumpsters must comply with the dumpster screening requirements; and
WHEREAS, the City Commission wishes to grandfather existing dumpsters enclosed by
walls that do not satisfy the six-foot height requirement in Section 9-281(1) of the Winter Springs
Code under certain conditions; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests ofthe public health, safety, and welfare ofthe 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 true and correct and are fully
incorporated herein by this reference.
City of Winter Springs
Ordinance No. 2003-39
Page I of 3
Section 2. Code Amendment, Chapter 9, Article IV, Division 7. The City of Winter
Springs Code, Chapter 9, Article IV, Division 7, is hereby amended as follows (underlined type
indicates additions and 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 adoption of this Ordinance).
CHAPTER 9. LAND DEVELOPMENT
***
Article IV. Required Improvements
* * *
Division 7. Dumpsters
***
Sec. 9-281. Minimum screening requirements.
(7) All new dumpsters shall comply with the minimum requirements set forth herein upon
the effective date ofthis division. All dumpsters existing on the effective date ofthis division
shall comply with the minimum requirements set forth herein by March 1, 2004. except that
any such existing dumpster shall be grandfathered from the six-foot height requirement set
forth in Section 9-281 (1). provided the dumpster fully complies with all other provisions of
this Section.
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. 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 5. 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.
City of Winter Springs
Ordinance No. 2003-39
Page 2 of 3
Section 6. 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 10th day of November , 2003.
ATTEST:
ANDREA LORENZO-LUACES, CITY CLERK JOHN F. BUSH
CITY CLERK MAYOR
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: October 27, 2003
Second Reading: November 10, 2003
Effective Date: November 10, 2003
F:\Docs\City of Winter Springs\Ordinances\Dumpsters\Dumpster _Amend _ 2003-39. wpd
City of Winter Springs
Ordinance No. 2003-39
Page 3 of 3
NOTICE IS HEREBY GIVEN THAT
THE CITY OF WINTER SPRINGS
PROPOSES TO ADOPT
THE FOLLOWING ORDI-
NANCES TO
THE WINTER SPRINGS
CODE OF ORDINANCES:
Notice of Amendment of Section 9-
281. I
Dumpster Enclosure Screening
ORDINANCE NO 2003-039
AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA,
AMENDING CITY CODE
SECTION 9-281, MINIMUM
SCREENING REQUIRE-
MENTS FOR DUMPS-
TERS, TO GRANDFA-
THER EXISTING
DUMPSTE RS ENCLOSE D
BY WALLS THAT DO NOT
SATISFY THE SIX-FOOT
HEIGHT REQUIREMENT
SET FORTH IN SECTION
9-281 (1): PROVIDING FOR
THE REPEAL OF PRIOR
INCONSISTENT ORDI-
NANCES AND RESOLU-
TIONS: INCORPORATION
INTO THE CODE, SEVER-
ABILITY, AND AN EF-
FECTIVE DATE.
Notice Establishing a
Public Building Impact Fee
ORDINANCE NO. 2003-38
AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA,
AMENDING THE CODE
OF ORDINANCES CHAP-
TER 9, ARTICLE VIII. IM-
PACT FEES, BY ESTAB-
LISHING A PUBLIC
BUILDING IMPACT FEE:
PROVIDING FOR THE RE.
PEAL OF PRIOR INCON-
SISTENT ORDI NANCES,
AND RESOLUTIONS: IN.
CORPORATION INTO THE
CODE, SEVERABILITY,
AND AN EFFECTIVE
DATE.
PUBLIC HEARINGS FOR THE 2ND
AND FINAL READING
ON THE PROPOSED OR.
DINANCES WILL BE
HELD ON
MONDAY. NOVEMBER 10. 2003
AT 6:30 P.M. OR SOON THEREAF-
TER.
IN THE COMMISSION
CHAMBERS
LOCATED AT THE WINTER
SPRINGS CITY HALL
1126 EAST STATE ROAO 434; WIN.
TER SPRINGS, FLORIOA
Interested parties are ad-
vised that they may appear
at the meeting and be heard
with respect to the proposed
ordinances. The proposed
ordinances may be inspect-
ed by interested parties be-
tween 8 am and 5 pm,
Monday through Friday, at
the city Clerk's Office, lo-
cated at 1126 East State
Road 434, Winter springs
Florida. For more informa-
tion call (407) 327-1800 #227
Persons with disabilities
needing assistance to partici
pate in any of these pro-
ceedings should contact the
Employee relations Depart-
ment Coordinator, 48 hours
in advance of the meeting at
(407) 327-1800, Extension
236. this is a public hearing.
If you decide to appeal any
recommednation/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.
CSE532137 OCT. 30, 2003
Orlando
Sentinel
Published Daily
State of Florida } S.S.
COUNTY OF ORANGE
Before the undersigned authority personally appeared DEBORAH M. TONEY
, who on oath says
that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally
newspaper published at ALTAMONTE SPRINGS in
SEMINOLE County, Florida;
that the attached copy of advertisement being a NOTICE is hereby
in the matter of ORDS: 2003-39 AND 2003-38
in the SEMINOLE Court
was published in said newspaper in the issue; of 10/30/03
Affiant further says that the said Orlando Sentinel is a newspaper published at
ALTAMONTE SPRINGS in said
SEMINOLE County, Florida,
and that the said newspaper has heretofore been continuously published in
said SEMINOLE County, Florida,
each week Day and has been entered as second-class mail matter at the post
office in ALTAMONTE SPRINGS 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/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 30th day of
Oct. , 2003, by DEBORAH M. TONEY
who is personally known to me and did take an oath.
(SEAL) Beverly C. Simmons