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HomeMy WebLinkAboutOrdinance 2004-31 Minimum Setback Requirements ORDINANCE NO. 2004-31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 6 OF THE CITY CODE, RELATING TO MINIMUM SETBACK REQUIREMENTS FOR PRINCIPAL BUILDINGS LOCATED ON PROPERTY ZONED PLANNED UNIT DEVELOPMENTS; PROVIDING FOR THE 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 S 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission finds that open space is required to protect harmony between adjacent properties; and WHEREAS, the City Commission finds in order to protect the harmony between adjacent properties within areas zoned PUD, it is necessary to establish by City Code setbacks for principal buildings, rather than relying solely on recorded private Declarations of Covenants and Restrictions; and WHEREAS, the City Commission acknowledges that such setbacks currently exist in the City Code for accessory structures, screen enclosures, swimming pools; and WHEREAS, the City Commission desires to protect the aesthetic uniqueness along with the natural amenities and environmental assets of the community; 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. Section 2. Code Amendment. Chapter 6 of the City of Winter Springs Code of Ordinances is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this City of Winter Springs Ordinance No. 2004-31 Page I of 4 Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS * * * ARTICLE III. BUILDING CONSTRUCTION STANDARDS * * * Sec. 6-86. Minimum setback requirements within PUD zoning districts. (a) General. Unless otherwise provided elsewhere in the City Code or upon a plat of record previously approved by the City Commission. the principal building setbacks for property zoned planned unit development (rUD) shall be as follows: (1) Front Yards. The front yard shall not be less than twenty-five (25) feet in depth; (2) Rear Yards. The rear yard shall not be less than ten (10) feet in depth; (3)Side Yards. The side yard shall not be less than five (5) feet on each side of the dwelling structure; and (4) Corner Yards. On corner lots. the front yard set back of twenty-five (25) feet must be maintained. at a minimum. on all sides abutting public rights-of-way. Notwithstanding the minimum setback requirements ofthis subsection. Zero lot line property shall be governed by subsection (b) below. (b) Zero lot line. Unless otherwise provided elsewhere in the City Code or upon a plat of record previously approved by the City Commission, the principal building setbacks for zero lot line property zoned planned unit development (rUD) shall be as follows: (3) Front Yards. The front yard shall not be less than twenty-five (25) feet in depth; (4) Rear Yards. The rear yard shall not be less than ten (10) feet in depth; (3)Side Yards. The side yard shall not be less than five (5) feet on one side of the dwelling structure; and (4) Corner Yards. On corner lots, the front yard set back of twenty-five (25) feet must be maintained. at a minimum. on all sides abutting public rights-of-way. City of Winter Springs Ordinance No. 2004-31 Page 2 of 4 (c) Conflicts. In the event of any conflict between the requirements ofthis section and any Declarations of Covenants and Restrictions governing site conditions of a PUD development within the City, the more restrictive shall apply. In the event of any conflict between the requirements of this section and anv recorded development agreement approved by the City Commission or court approved settlement agreement governing site conditions of a PUD development within the City, the conflicting provision in the development agreement or court approved settlement agreement shall prevail. (d) New PUD Developments. Nothing contained in this section shall be construed as limiting the Citv Commission's authority to impose setback requirements greater than the minimum requirements ofthis section for PUD developments approved after the effective date ofthis 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. 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 the City Charter. [Signature Page Follows] City of Winter Springs Ordinance No. 2004-31 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 26th day of July ,2004. John F. Bush, 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: June 28, 2004 Second Reading: July 12, 2004 Third Reading July 26, 2004 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2004-31 Page 4 of 4 Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared Beverly C. Simmons , 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 Ordinance Nos. 2004-31 in the ORANGE/SEMINOLE Court was published in said newspaper in the issue; of 07/15/04 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 15 day of July , 2004, by Beverly C. Simmons who is personally known to me and did take an oath. (SEAL) DEBORAH M. TONEY NOTICE IS HEREBY GIVEN THAT THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCE TO THE WINTER SPRINGS CODE OF ORDINANCES: ORDINANCE NO. 2004.31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 6 OF THE CITY CODE, RELATING TO MINI- MUM SETBACK REQUIRE. MENTS FOR PRINCIPAL BUiLD. INGS LOCATED ON PROPERTY ZONED PLANNED UNIT DEVEL- OPMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCON- SISTENT ORDINANCES AND RESOLUTIONS, INCORPORA- TION INTO THE CODE, SEVER- ABILITY, AND AN EFFECTIVE DATE. PUBLIC HEARING FOR THE FINAL READING ON THE PROPOSED ORDI- NANCE WILL BE HELD ON MON. DAY. JULY 26, 2004 AT 6:30 P.M. DR SOON THEREAFTER. IN THE COMMIS- SION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL1126 EAST STATE ROAD 434; WINTER SPRINGS, FLORIDA Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. The proposed ordinance may be inspected bv in- terested parties between 8 a.m. and 5 p.m., Mondav through Friday, at the City Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more infor. mation call (407) 327-1800 #227. Per- sons with disabilities needing assis- tance to participate in any of these proceedings should contact the Em- plovee Relations Department Coor. dinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing. If you decide to appeal any recommenda- tion/decision made by the City Com- mission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, vou may need to ensure that a verbatim rec cord of the proceedings is made up- on which the appeal is based. OLSL5743989 JULY 15. 2004 !