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HomeMy WebLinkAboutOrdinance 2003-40 Dumpsters ORDINANCE NO. 2003-40 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 PERMIT EXISTING DUMPSTERS TO BE ENCLOSED BY VINYL SCREENING MATERIALS APPROVED BY THE CITY; TO GRANDFATHER EXISTING DUMPSTERS FROM THE ZONING SETBACK REQUIREMENTS GENERALLY APPLIED TO ACCESSORY BUILDINGS AND STRUCTURES; 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, on November 11,2003, the City Commission adopted Ordinance 2003-39, to grandfather existing dumpsters enclosed by walls that do not satisfy the six-foot height requirement set forth in Section 9-281(1) 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 relax the screening material and setback requirements for existing dumpsters in Section 9-281(1) of the Winter Springs Code under certain conditions due to several compliance hardships on property owners that have been documented since Ordinance 2002-13 was enacted; 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 of the citizens of Winter Springs. City of Winter Springs Ordinance 2003-40 Page 1 of 3 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. 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 of this division. The city commission may. by resolution. approve a standard set of engineering plans for an enclosed dumpster. Said plans may be used by the public to satisfy the requirements ofthis section. All dumpsters existing on the effective date of this division shall comply with the minimum requirements set forth herein by March 1, 2004, except that any such existing dumpster shall be grand fathered from the six - foot height requirement set forth in Section 9-281 (1) and applicable zoning setback requirements, provided the dumpster fully complies with all other provisions of this Section. In addition. existing dumpsters mav be screened bv an opaque vinvl screen. provided the material is deemed durable and of high quality by the City in terms of design and in accordance with current building code standards. 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. City of Winter Springs Ordinance 2003-40 Page 2 of 3 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. 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 26th day of January ,2004. ATTEST: ANDREA LORENZ0-LUACES JOHN F. BUSH CITY CLERK MAYOR Approved as to legal form and sufficiency for the City Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: December 8, 2003 Second Reading: January 26, 2004 Effective Date: See Section 6. G:\Docs\City of Winter Springs\Ordinances\Dumpsters\Dumpster _Amend _2003-40. wpd City of Winter Springs Ordinance No. 2003-40 Page 3 of 3 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 ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement being a NOTICE is hereby in the matter of Ord 2003-39.Ord 2003-43.Ord. 2004-01 Ord 2004-04 in the SEMINOLE Court was published in said newspaper in the issue; of 01/15/04 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 15th day of Jan, 2004, by Linda Bridgewater who is personally known to me and did take an oath. (SEAL) Beverly C. Simmons NOTICE IS HEREBY GIVEN THAT THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOL- LOWING ORDINANCES TO THE WINTER SPRINGS CODE OF ORDI- NANCES: Notice of Amendment of Section 9. 281, Dumpster Enclosure Screening 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 REQUIRE- MENTS FOR DUMPS- TERS, TO PERMIT EXIST- ING DUMPSTERS TO BE ENCLOSED BY VINYL SCREENING MATERIALS APPROVED BY THE CiTY: TO GRANDFATHER EXiSTING DUMPSTERS FROM THE ZONING SET- BACK REQUIREMENTS GENERALL Y APPLIED TO ACCESSORY BUILD- iNGS AND STRUCTURES: PROVIDING FOR THE RE- PEAL OF PRIOR INCON- SISTENT ORDINANCES AND RESOLUTIONS; iN- CORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE Notice Establishing Minimum Com- munity Appearance and Aesthetic Review Standards ORDINANCE NO. 2003.43 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDING CHAPTER 9 LAND DEVELOPMENT; BY CREATING ARTICLE XI, ESTABLISHING MINI- MUM COMMUNITY AP- PEARANCE AND AES- THETIC REVIEW STANDARDS FOR COM- MERCIAL, INDUSTRIAL, INSTITUTIONAL, MULTI- FAMILY, AND RESIDEN- TIAL SUBDIVISION LAND DEVELOPMENT PRO- JECTS; REPEALING SEC- TIONS 20-475 AND 20-491 OF THE WINTER SPRINGS CODE REGARD- I NG STATE ROAD 434 DE- SIGN REVIEW; PROVID- ING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESO- LUTIONS, INCORPORA- TION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE, Notice Amending Stormwater Management Utility ORDINANCE NO. 2004-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING CHAPTER 19' ARTICLE V, OF THE: CITY CODE OF ORDINANCE, ENTITLED STORMWA- TER MANAGEMENT UTILITY: PROVIDING PURPOSE AND INTENT: PROVIDING AN AMEND- ED RATE STRUCTURE PROVIDING POWERS AND DUTIES OF THE AD- MINISTRATIVE OFFI- CIAL: PROVIDING PRO- HIBITED ACTS: PROVIDING FOR INSPEC- TIONS, MONITORING, AND COMPliANCE; PRO- VIDING FOR ENFORCE- MENT AND PENALTIES: PROVIDING FOR THE RE- PEAL OF PRIOR INCON. SISTENT ORDINANCES AND RESOLUTIONS, IN- CORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. Notice of Amendment of Section 20.101 and Section 20.102, Official Mapping & Rezoning Procedures ORDINANCE NO. 2004-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING; PROVIDING PROCEDURES FOR UP- DATING AND MANAGING THE OFFICIAL ZONING MAP OF THE CITY OF WINTER SPRINGS: PRO- VIDING FOR THE RE. PEAL OF PRIOR INCON- SISTENT ORDINANCES AND RESOLUTIONS, IN- CORPORATION INTO THE CODE, SEVERABILTIY, AND AN EFFECTIVE DATE. PUBLIC HEARINCS FOR THE 2ND AND FINAL READING ON THE PRO- POSED ORDINANCE WILL BE HELD ON MONDAY JANUARY 26 2004 AT 6:30 P,M. OR SOON THERE AFTER,IN THE COMMISSION CHAMBERS LOCATED AT THE WIN- TER SPRINGS CITY HALL 1126 EAST STATE ROAD 434; WINTER SPRINGS, FLORIDA Interested parties are ad- vised that they may appear at the meeting and be heard with respect to the proposed ordinances. The proposed ordrnances may be inspect- ed by Interested parties be- tween 8 a.m. and 5 p m Mondoy through Friday, at the City's 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 partic- ipate In any at these pro-I ceedlngs should contact the Employee Relations Depart. ment Coordinator, 48 hours In advance at the meeting at (407) 327-1800, Extension 236. This Is a public hearing If you decide to appeal any recommendation/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- lngs is made upon which the appeal is based, CSE5438136 1/15/04/