HomeMy WebLinkAboutOrdinance 2004-49 Chapter 20/Zoning
ORDINANCE NO. 2004-49
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING
CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES,
PROVIDING FOR REVISED AND ADDITIONAL
APPLICATION AND PROCEDURAL REQUIREMENTS FOR
REZONING, VARIANCES, CONDITIONAL USES, WAIVERS,
AND ADMINISTRATIVE APPEALS; PROVIDING THE CITY
COMMISSION WILL REVIEW RECOMMENDATIONS OF
THE PLANNING AND ZONING BOARD WITH REGARD TO
ANY APPLICATION FOR REZONING; PROVIDING THE
CITY COMMISSION WILL REVIEW RECOMMENDATIONS
OF THE BOARD OF ADJUSTMENT WITH REGARD TO
ANY APPLICATION FOR VARIANCE, CONDITIONAL USE,
WAIVER, AND ADMINISTRATIVE APPEAL; MAKING
CONFORMING AMENDMENTS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO THE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VITI,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, Chapter 163, Florida Statutes, requires the City of Winter Springs to adopt,
amend, and enforce land development regulations that are consistent with and implement its adopted
comprehensive plan; and
WHEREAS, the City has the police power to establish comprehensive zoning districts and
regulations in order to preserve and protect the public welfare. Euclid v. Ambler Realty Co., 272
U.S. 365 (1926); and
WHEREAS, the City Commission desires to provide design flexibility in new development
and redevelopment within the City; and
WHEREAS, the City Commission has determined it to be advantageous, under certain
defined conditions, to allow for the waiver of certain land development regulations where the intent
of the City's comprehensive plan and zoning code is met and the project will be significantly
enhanced from the minimum requirements of the City Code; and
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WHEREAS, the City desires to streamline and simplify the current application process and
general procedure relevant to land use decisions; and
WHEREAS, as indicated herein, it is also the intent and purpose of this ordinance to
substitute the term "special exception" with the more modem term "conditional use" and that with
respect to previously issued special exceptions under the code sections modified hereunder, said
special exceptions shall be considered synonymous with conditional uses and subject to the terms
and conditions hereunder; 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.
reference.
Recitals. The foregoing recitals are hereby incorporated herein by this
Section 2. Chapter 20 Code Amendments. The City of Winter Springs Code, Chapter
20, Zoning, is hereby amended as follows: (underlined type indicates additions and type
indicates deletions, while asterisks (***) indicate a deletion from this Ordinance oftext existing in
Chapter 20, Zoning. It is intended that the text in Chapter 20, Zoning, denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance).
CHAPTER 20. ZONING
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ARTICLE II. ADMINISTRATION
DIVISION 1. PROCEDURE: LAND USE DECISIONS
Sec. 20-26. Intent and purpose.
The intent and purpose ofthis division is to set forth the procedure for applying for variances.
conditional uses. rezonings. waivers. and administrative appeals as set forth in this chapter.
Sec. 20-27. City commission: authority.
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Unless otherwise provided in this chapter. the city commission shall render all final decisions
regarding rezonings. variances. conditional uses. waivers. and administrative appeals provided for
in this chapter. The city commission may impose reasonable conditions on any approved rezoning.
variance. conditional use. waiver or administrative appeal to the extent deemed necessary and
relevant to ensure compliance with applicable criteria and other applicable provisions of the city
code and comprehensive plan. All formal decisions shall be based on competent substantial
evidence and the applicable criteria set forth in this chapter. The city commission may adopt. by
resolution. quasi-iudicial rules and procedures to implement this division.
Sec. 20-28. Due process: Special notice requirements.
(a) All applicants shall be afforded minimal due process as required by law. including the
right to receive notice. be heard. present evidence. cross-examine witnesses. and be represented by
a duly authorized representative.
(b) In addition to any notice requirements provided by state law. all public hearings under
this Division shall be publicly noticed for at least five (5) calendar days prior to the date of the
hearing. Said notice shall include the address of the subiect property. matter to be considered and
the time. date and place of the hearing. The notice shall be posted in the following manner:
ill Posting the affected property.
ill Posting at city hall.
ill Notifying. by U.S. maiL all owners of real property adiacent to and within one
hundred fifty (150) feet of the subiect property.
The notice requirements set forth in subsections (1). (2). and (3) above are hereby deemed to be
courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any
decision made under this Division.
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Sec. 20-29. Applications.
(a) The city manager or the city manager's designee is hereby authorized to prepare
applications in furtherance of this division. At a minimum. all applications for rezonings.
variances. conditional uses. waivers. and administrative appeals shall be accompanied by
the applicable application fee adopted by the city commission and shall contain the following
information:
(1) A general description of the relief sought under this division.
(2) A brief explanation as to why the application satisfies the relevant criteria set
forth in this division.
(3) The name(s) of the owner(s) of the particular real property.
(4) If the applicant is other than all of the owners of the particular property.
written consent signed by all owners ofthe particular real property shall be attached.
(5) The legal description of the particular real property. accompanied by a
certified surveyor that portion of the map maintained by the Seminole County
Property Appraiser reflecting the boundaries of the particular real property.
(6) The current and future land use and the zoning designations on the real
property.
Sec. 20-30. Staff review.
illl The city staff shall be required to review all applications for rezonings. variances.
conditional uses. waivers. and administrative appeals. and make written recommendations
to the applicable city board and the city commission.
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(b) Upon completion of the written recommendation. city staff shall forward the
application. along with the recommendation. to either the planning and zoning board or the
board of adiustment. as required by this division. for a duly noticed public hearing.
Sec. 20-31. Rezonings.
(a) Any real property owner may file a rezoning application requesting a change in
zoning designation for their real property.
(b) The planning and zoning board shall be required to review all rezoning applications
and make a written recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board has considered the
applicable rezoning criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation. the city
commission shall make a final decision on the application. Ifthe city commission determines
that the planning and zoning board has not made a recommendation on an application within
a reasonable period of time. the city commission may. at its discretion. consider an
application without the planning and zoning board's recommendation.
(d) All rezoning applications shall be reviewed for compliance with the following
standards:
(1) The proposed rezoning change is in compliance with all procedural
requirements established by the city code and law:
(2) The proposed rezoning change is consistent with the city's comprehensive
plan including. but not limited to. the Future Land Use Map and the proposed change
would not have an adverse effect on the comprehensive plan:
(3) The proposed rezoning change is consistent with any master plan applicable
to the property:
(4) The proposed rezoning change is not contrary to the land use pattern
established by the city's comprehensive plan:
(5) The proposed rezoning change would not create a spot zone prohibited by law:
(6) The proposed rezoning change would not materially alter the population
density pattern in a manner that would overtax the load on public facilities and
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services such as schools. utilities. streets. and other municipal servIces and
infrastructure:
(7)The proposed rezoning would not result in existing zoning district boundaries
that are illogically drawn in relation to existing conditions on the property and the
surrounding area and the land use pattern established by the city's comprehensive
plan:
(8) Changed or changing conditions make the proposed rezoning necessary:
(9) The proposed rezoning change will not seriously reduce light or air to adjacent
areas:
(10) Should the city be presented with competent substantial evidence indicating
that property values will be adversely affected by the proposed rezoning. the
applicant must demonstrate that the proposed rezoning change will not adversely
affect property values in the surrounding area:
(11) The proposed rezoning will not be a substantial detriment to the future
improvement or development of vacant adjacent property:
(12) The proposed rezoning will not constitute a grant of special privilege to an
individual owner as contrasted with the public welfare:
(13) The proposed rezoning change is not out of scale or incompatible with the
needs of the neighborhood or the city:
(14) The proposed rezoning does not violate any applicable land use regulations
adopted by the city.
(E) In approving a change in the zoning classification on a lot or parcel of land. at the
request of or with the concurrence of the owner of said lot or parcel. the city commission may
approve a rezoning subiect to restrictions provided such restrictions do not confer any special
privilege upon the owner or subject property that would otherwise be denied by the city's land
development regulations in the same zoning district. Such restrictions may include one or more of
the following:
(1) Use restrictions greater than those otherwise specified for that particular
district:
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Ordinance No. 2004-49
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(2) Density restrictions greater than those otherwise specified for the particular
district:
(3) Setbacks greater than those otherwise specified for the particular district,
including setbacks from lakes and major arterial roadways:
(4) Height limits more restrictive than otherwise permitted in the district:
(5) Minimum lot areas or minimum widths greater than otherwise specified for
the particular district:
(6) Minimum floor area greater than otherwise specified for structures in the
particular district:
(7) Opens space requirements greater than otherwise required for property in the
particular district:
(8) Parking. loading driveway or traffic requirements more restrictive than
otherwise required for the particular district:
(9) Fencing or screening requirements greater than otherwise required for the
particular district:
(10) Restrictions on any other matters which the city commission is authorized to
regulate.
Upon approval of such restrictive rezonings. the planning division shall enter a reference to the
restrictions on the city's official zoning map. and a notice of zoning restrictions shall be recorded
in the public records of Seminole County. Restrictions shall run with the land. without regard to
transfer of ownership or other interests. and may be removed only upon further amendment to the
zoning classification of the subject property in accordance with the procedures prescribed herein.
Sec. 20-32. Variances.
(a) Any real property owner may file a variance application requesting variance from this
chapter for their real property.
(b) The board of adjustment shall be required to review all variance applications
and make a written recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board has considered the
applicable variance criteria set forth in this section.
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(c) Upon receipt ofthe board of adjustment's recommendation. the city commission shall
make a final decision on the application. If the city commission determines that the board
of adjustment has not made a recommendation on an application within a reasonable period
oftime. the city commission may. at its discretion. consider an application without the board
of adjustment's recommendation.
(d) All variance recommendations and final decisions shall be based on an affirmative
finding as to each of the following criterion:
(1) That special conditions and circumstances exist which are peculiar to the land.
structure or building involved and which are not applicable to other lands. buildings
or structures in the same zoning district.
(2)That literal interpretation ofthis chapter would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of
this chapter and would work unnecessary and undue hardship on the applicant.
(3) That the special conditions and circumstances referred to in subsection (d)(l)
of this section do not result from the actions of the applicant.
(4) That approval ofthe variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other lands. buildings. or structures
in the same zoning district.
(5)That the requested variance is the minimum variance from this chapter
necessary to make possible the reasonable use of the land. building or structure.
(6)That approval ofthe variance will be in harmony with the general intent and
purpose ofthis chapter. and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
Sec. 20-33. Conditional uses.
(a) Any real property owner may file a conditional use application requesting a
conditional use oftheir real property providing the conditional use is listed in the applicable
zoning district category.
(b)The board of adjustment shall be required to review all conditional use applications
and make a written recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board has considered the
applicable conditional use criteria set forth in this section.
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(c) Upon receipt ofthe board of adiustment' s recommendation. the city commission shall
make a final decision on the application. If the city commission determines that the board
of adiustment has not made a recommendation on an application within a reasonable period
of time. the city commission may. at its discretion. consider an application without the board
of adjustment's recommendation.
(d) All conditional use recommendations and final decisions shall be based on the
following criteria to the extent applicable:
(1) Whether the applicant has demonstrated the conditional use. including its
proposed scale and intensity. traffic-generating characteristics. and offsite impacts.
is compatible and harmonious with adiacent land uses. and will not adversely
impact land use activities in the immediate vicinity.
(2) Whether the applicant has demonstrated the size and shape of the site. the
proposed access and internal circulation. and the design enhancements to be adequate
to accommodate the proposed scale and intensity of the conditional use requested.
The site shall be of sufficient size to accommodate design amenities such as
screening. buffers. landscaping. open space. off-street parking. and other similar site
plan improvements needed to mitigate against potential adverse impacts of the
proposed use.
(3) Whether the proposed use will have an adverse impact on the local economy.
including governmental fiscal impact. employment. and property values.
(4) Whether the proposed use will have an adverse impact on the natural
environment. including air. water. and noise pollution. vegetation and wildlife. open
space. noxious and desirable vegetation. and flood hazards.
(5) Whether the proposed use will have an adverse impact on historic. scenic. and
cultural resources. including views and vistas. and loss or degradation of cultural and
historic resources.
(6) Whether the proposed use will have an adverse impact on public services.
including water. sewer. surface water management. police. fire. parks and recreation.
streets. public transportation. marina and waterways. and bicycle and pedestrian
facilities.
(7) Whether the proposed use will have an adverse impact on housing and social
conditions. including variety of housing unit types and prices. and neighborhood
quality.
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Sec. 20-34. Waivers.
(a) Any real property owner may file a waiver application requesting a waiver for their
real property from any term and condition of this chapter (except from the list of permitted.
conditional and prohibited uses set forth in any zoning district category) ifthe property owner
clearly demonstrates that the applicable term or condition clearly creates an illogical.
impossible. impractical. or patently unreasonable result.
(b) The board of adiustment shall be required to review all waiver applications
and make a written recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board has considered the
applicable waiver criteria set forth in this section.
(c) Upon receipt ofthe board of adiustment' s recommendation. the city commission shall
make a final decision on the application. If the city commission determines that the board
of adiustment has not made a recommendation on an application within a reasonable period
oftime. the city commission may. at its discretion. consider an application without the board
of adiustment's recommendation.
(d) In addition to the standard set forth in paragraph (a) above. all waiver
recommendations and final decisions shall also comply with the following criteria:
(1) The proposed development plan is in substantial compliance with this chapter
and in compliance with the comprehensive plan.
(2) The proposed development plan will significantly enhance the real property.
(3) The proposed development plan serves the public health. safety. and welfare.
(4) The waiver will not diminish property values in or alter the essential character
of the surrounding neighborhood.
(5) The waiver granted is the minimum waiver that will eliminate or reduce the
illogical. impossible. impractical. or patently unreasonable result caused by the
applicable term or condition under this chapter.
(6)The proposed development plan is compatible with the surrounding
neighborhood.
Sec. 20-35. Administrative appeals.
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Ordinance No. 2004-49
Page 10 of25
(a) Any final administrative decision regarding the enforcement or interpretation of this
chapter. where it is alleged there is an error by an administrative official. can be appealed as
set forth in this section.
(b) Appeals shall be taken within thirty (30) days after such administrative decision is
made by filing a written notice of appeal with the city manager stating the name of the decision
maker. date ofthe decision. applicable code provisions and the specific grounds for appeal. Upon
receipt of the notice of appeal. the city manager shall schedule the appeal before the board of
adjustment and transmit all documents. plans. papers or other materials constituting the record upon
which the action appealed from was taken.
(c) The board of adjustment shall be required to review all administrative appeals and
make a recommendation to the city commission.
(d) Upon receipt ofthe board of adjustment's recommendation. the city commission shall
make a final decision on the administrative appeal. If the city commission determines that
the board of adjustment has not made a recommendation on an administrative appeal within
a reasonable period of time. the city commission may. at its discretion. consider an
application without the board of adjustment's recommendation.
(e) Review of administrative decisions shall be based on the following criteria:
(1) Whether the applicant was properly afforded procedural due process:
(2) Whether the decision under review is supported by competent. substantial
evidence: and
(3) Whether the decision under review complied with applicable law. including
a proper interpretation of any provision under this Chapter.
(f) The city commission shall have the right to reverse or affirm. wholly or in part. or
may modify the order. requirement. decision or determination as ought to be made. and to
that end. shall have all the powers of the officers from whom the appeal is taken.
Sec. 20-36. Expiration of conditional use. variance and waiver approvals.
(a) Any conditional use. variance or waiver approved by the city commission under this
Division shall expire two (2) years after the effective date of such approval by the city commission.
unless a building permit based upon and incorporating the conditional use. variance. or waiver is
issued by the city within said time period. Upon written request of the property owner. the city
commission may extend the expiration date. without public hearing. an additional six months.
City of Winter Springs
Ordinance No. 2004-49
Page 11 of25
provided the property owner demonstrates good cause for the extension. In addition. if the
aforementioned building permit is timely issued. and the building permit subsequently expires and
the subiect development proiect is abandoned or discontinued for a period of six months. the
conditional use. variance or waiver shall be deemed expired and null and void.
(b) The city commission hereby finds that there may be one or more unexpired conditional
use. variance. or waiver permits previously granted by the City that may have never been acted upon
or abandoned by the property owner. The city commission finds that these unexpired permits may
now be detrimental to the public health. safety. and welfare of the community due to changed
circumstances in the surrounding neighborhood and changes in law. Therefore. the provisions of
this section shall apply retroactively to any unexpired conditional use. variance. and waiver
previously granted by the city commission. It is the intent and purpose of this subsection to void any
previously granted conditional use. variance. and waiver permit that does not comply with the
provisions ofthis section and to require the property owner to reapply. under current circumstances.
for said permit should the property owner desire or need said permit.
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DIVISION 3. BOARD OF ADJUSTMENT
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Sec. 20-82. Duties and powers; general.
(a) The board of adjustment shall have the additional following specific powers and
duties:
(1) To hear and make recommendations on appeals only where it is alleged there
is error in any order, requirement, decision or determination made by an
administrative official in the enforcement of any zoning ordinance or regulations
adopted. as provided in this chapter.
(2) To review and make recommendations to the city commission on any
application for variance, as provided in this chapter.
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(3) To review and make recommendations to the city commission on any
application for conditional use. as provided in this chapter.
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Ordinance No. 2004-49
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(4) To review and make recommendations to the city commission on any
application for waiver. as provided in this chapter.
(5) To hear and make recommendations on such other matters and issues and
give such guidance as may be required by law or requested of it by the city
commission.
(b) The board of adjustment may recommend such rules of procedure as are necessary
and not in conflict with the provisions of the Code of Ordinances of the city, or those statutes
of the state which are specifically applicable to municipalities.
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Ordinance No. 2004-49
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Sec. 20-83. Reserved.
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Ordinance No. 2004-49
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ARTICLE III. ESTABLISHMENT OF DISTRICTS
DIVISION 1. GENERALLY
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Sec. 20-102. Official zoning map, working maps and procedures.
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DIVISION 2. R-AAA SINGLE-FAMILY DWELLING DISTRICTS
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Sec. 20-123. Conditional uses.
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DIVISION 3. R-CI SINGLE-FAMILY DWELLING DISTRICT
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Ordinance No. 2004-49
Page 19 of25
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Sec. 20-143. Conditional uses.
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DIVISION 4. R-1AA AND R-1A ONE-F AMILY DWELLING DISTRICTS
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Sec. 20-163. Conditional uses.
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DIVISION 5. R-1 ONE-FAMILY DWELLING DISTRICTS
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Sec. 20-183. Conditional uses.
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DIVISION 6. R-3 MULTIPLE-FAMILY DWELLING DISTRICTS
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Sec. 20-208. Conditional uses.
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DIVISION 7. Cl NEIGHBORHOOD COMMERCIAL DISTRICTS
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Sec. 2-232. Uses permitted.
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(b) Outdoor display and/or sales are prohibited except by conditional use.
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DIVISION 9. R-U RURAL URBAN DWELLING DISTRICTS
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Sec. 20-268. Conditional uses.
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DIVISION 13. GREENEWAY INTERCHANGE ZONING DISTRICT
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Sec. 20-337. Signs.
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Ordinance No. 2004-49
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(p) Greeneway District Gateway Identification Sign. One (1) architectural feature may be located
adjacent to the Greenway right-of-way within the northeast quadrant ofthe district that identifies the
overall greenway Interchange development consistent with the following:
(1) Maximum height of thirty-five (35) feet as measured above existing grade without a
conditional use being granted by the city commission.
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ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS.
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DIVISION 3. SITING AND REGULATION OF TELECOMMUNICATION TOWERS
Sec. 20-451. Telecommunications towers.
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(d) Location, permitted uses and conditional uses
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(3) Additional telecommunication tower sites shall only be permitted as a
conditional use pursuant to this section. A property declared eligible for consideration as an
additional telecommunication tower site is City of Winter Springs Fire Station #3 to be located on
the south side by S.R. 434 in Tuscawilla Tract 15, Parcel 3 (approximately 2,300 feet west of
Vistawilla Drive). The telecommunications tower located on this site shall require a
conditional use from the Winter Springs City Commission in accordance with this section
and applicable City Code provisions. The tower on this site shall not exceed a height of one hundred
twenty feet (120) and shall only be available as a tower site following approval by city commission
as part ofthe grant ofthe conditional use. Following approval and construction of
the four (4) towers described in this subsection, additional towers may be applied for and justified
in accordance with the applicable standards for a conditional use in the City Code,
as well as these standards:
a. The tower at proposed Fire Station #3 and any subsequent additional telecommunication tower
is required for public safety communication needs; or
b. Technical data is presented by an applicant indicating that the proposed tower is the only
technically feasible available site to assure telecommunications services coverage needs to area
citizens; and
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c. Such technical data specified in subsection b., above, is not for speculative, untried
telecommunications uses but is for current technology recognized or approved for service area needs
and market conditions under applicable state, federal or local laws, regulations or ordinances;
d. All such technical data shall be provided at cost to the applicant. The city may, in approximate
cases in its sole discretion, retain the service oftechnically competent consultants to evaluate the data
submitted by an applicant to justify an additional tower pursuant to this ordinance. The applicant
shall post a deposit with the city manager or his designee in a sum such that the applicant for the
additional telecommunication tower pays the full cost of technical review of such tower by city's
consultant; and
e. Initial review of any additional telecommunication tower sites shall be by the city's development
review committee. The conditional use shall also be considered by the planning
and zoning board which shall make a recommendation to the city commission concerning said
conditional use; and
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(i) Abandonment.
(1) In the event the use of any telecommunications tower has been discontinued for a period of one-
hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination
of the date of abandonment shall be made by the building official who shall have the right to request
documentation and/or affidavits from the telecommunications tower owner/operator regarding the
issue of tower usage. The telecommunications tower owner/operator shall provide all requested
information within ten (10) working days of a request being made, and failure to so provide shall be
deemed to constitute one hundred eighty days (180) days of non-use of the tower. Upon such
abandonment, the owner/operator of the tower shall have an additional ninety (90) days within which
to:
a. Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual
use of the tower; or
b. Dismantle and remove the tower. With regard to towers that received
conditional use approval, ninety (90) days after dismantling or the expiration of the two-hundred
seventy (270) day period as set forth in this section, the conditional use and/or
variance for the tower shall automatically expire.
Section 3. Additional Technical Conformin~ Amendments Not in Chapter 20. The
following amendment to sections 6-192 and 9-386.4, City Code, are technical conforming
amendment that are necessary to implement the provisions set forth in Section 2 ofthis Ordinance.
Sections 6-192 and 9-386.4 are hereby amended as follows: (underlined type indicates additions and
type indicates deletions).
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Sec. 6-192. Utility easements.
(a) It shall be lawful for any person to enclose or fence any utility easements; provided, however, that
adequate access must be provided thereto by the fence owner. If it becomes necessary to cut a fence
or remove walls for the purpose of installation of new utilities or repairing or maintaining installed
utilities, the utility company involved shall be responsible to repair or replace the fence or wall to
the condition existing previous to the installation, repair or maintenance.
(b) A dedicated right-of-way shall not be fenced by any private citizen. However, and only when it
is determined by the city commission that fencing, in whole or in part, of a
public right-of-way is necessary to protect the health, safety, and welfare ofthe citizens ofthe city
as a whole, the city commission may authorize a special exception conditional use to permit
a private citizen to erect a fence on a dedicated right-of-way contiguous to that citizen's property.
Requests for such conditional use to this section shall be decided pursuant to the
criteria procedures set forth in chapter 20 of the city code.
(c) Any fencing approved by conditional use to be erected on a dedicated right-of-
way shall be constructed according to plans approved by the city staff, with gates adequate to allow
access to maintenance vehicles. All costs incurred in fencing the right-of-way shall be borne by the
contiguous property owner to whom the conditional use may be granted. The fence
shall be maintained in safe condition by the property owner who installed it, and the fencing when
removed may be reclaimed by that property owner.
(d) Such fences erected privately by conditional use on a dedicated right-of-way
shall not preclude access to or use of such public land by any citizen of the city.
Sec. 9-386.4 Definitions.
Development permit: Includes any building permit, conditional use. zoning approval, subdivision
approval, rezoning, development order, special exception, variance, or any other official action of
local government having the effect of permitting the development of land.
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. 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
City of Winter Springs
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Page 24 of 25
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. 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 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 City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 13th day of December ,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: November 22, 2004
Second Reading: December 13, 2004
Effective Date: See Section 7.
City of Winter Springs
Ordinance No. 2004-49
Page 25 of 25
- - - - - -,- - - - -- -- - - -- -- - -.-.- - -~- -- ~- -- - -- - --.. --- ~- -- -- -- ~- --- ---
in the \ r= !eH '1-1 ,! .=.'
was published in said newspaper in the issue; of 1 (j I? KIn 4
Court,
THE CITY OF WINTER SPRINGS
GIVES PUBLIC NOTICE THAT THE
LOCAL PLANNING AGENCY
WILL CONSIDER THE
FOLLOWING CODE REVISION:
ORDINANCE NO, 2004-49
AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA
AMENDING CHAPTER 20,
ZONING, OF THE CODE
OF ORDINANCES, PRO-
VIDING FOR REVISED
AND ADDITIONAL APPLI-
CATION AND PROCEDUR-
AL REQUIREMENTS FOR
REZONING, VARIANCES,
CONDITIONAL USES,
WAIVERS, AND ADMINIS-
TRATIVE APPEALS; PRO-
VIDING THE CITY COM-
MISSION AUTHORITY TO
REVIEW DECISIONS OF
THE BOARD OF ADJUST-
MENT WITH REGARD TO
ANY APPLICATION FOR
REZONING, VARIANCE,
CONDITIONAL USE,
WAIVER, AND ADMINIS-
TRATIVE APPEAL; MAK-
ING CONFORMING
AMENDMENTS; PROVID-
ING FOR THE REPEAL
OF PRIOR INCONSISTENT
ORDINANCES AND RESO-
LUTIONS; PROVIDING
FOR SEVERABILITY;
AND PROVIDING FOR AN
EFFECTIVE DATE,
ON WEDNESDAY,
NOVEMBER 3, 2004
AT 7:00 P,M.
OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS
LOCATED AT THE
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
Orlando
Sentinel
Published Daily
~tatt of jflortba } $,$.
COUNTY OF ORANGE
Before the undersigned authority personally appeared DAN I EL ORT I Z
, who on oath say's
that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally
newspaper published at 41 T .."FIMP::; Pi? I \Jf;> in
~ F >)'1 TN; I j ,= County, Florida;
that the attached co lY of advertisement, being a . "
in the matter 0)( 'X X}t X.
Affiant further says that the said Orlando Sentinel is a newspaper published at
AI T\MnNP=)':>< n'.l(~ 'l , in said
<;c: 1"1 r NClI ;: County, Florida,
and that the said newspaper has heretofore been continuously published in
said ; i= l"'lHVll ;: County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office in td iA'1,NT= '~y:; fhlGS in said
,;:: gill T 1'4 rn::: County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that hEllshe has neither paid
nor promised any person, firm or cor ri-ariY'atseo~.t, rebate,
commission or refund for the purpose securing (his advertis~ent for
publication in the said newspaper. L.-J.)
The foregoing instrument was acknowledged befOre methTs,'R day of
OCT ,2ollL, b~ ...,,~~~~,,_n~~K 0, _AA ~A~^-
who is personally known to me an~~th.(} _ ~~..-v. '::::J
(SEAL) I ,_ _ . ^"_J__~
"t:i.,:i~;~.. ,,' C Si'I.MOI,S
,', ': .:;,:k (J ;;;)' Corr '":1 E'I\p. 3/10/05
"_+(,;'._ \;~ ~;i' _i r-,'" ~;D oa4~41
" r-e'<;.x..,;.-, " f J 0
"~H~,~....~" ~,;~:::,~.. ~~~~ ,~.~;'
~__..~"" '""'~_~'""","",,,,_,,,, ,.........-.-,. '-"'-""'.....,.,. "~;o__,,, ._;,__~M'"'"
The proposed ordinance
may oe inspected oy Inter-
ested parties hetween 8 a.m.
and 5 p.m., MondaY through
FridaY, at the City's Clerk's
Otfice, located at 1126 East
State Road 434, Winter
Springs, Florida. For more
information call (407) 327-
1800 #227, Persons with disa-
bilities needing assistance
to participate in any of
these proceedings should
contact the Employee Rela-
tions Deportment Coordina-
tor I 48 hours in advance of
the meeting at (407) 327-
1800, Extension 236. This is
a puolic hearing. If you de-
cide to appeal any recom-
mendation/decision made oy
the Local Planning Agency
with respect to any matter
considered at this meeting,
you wi II need a record of the
proceedings, and for such
purposes, you may need to
ensure that a verbatim re~
cord of the proceedings is
made upon which the appeal
is based. Interested parties
are advised that they may
appear at the meeting and
oe heard with respect to the
proposed ordinance.
CSE5905775 Oc:T~~,2004 _ ..---:...'"
THE CITY OF WINTER SPRINGS
GIVES PUBLIC NOTICE THAT THE
LOCAL PLANNING AGENCY
WILL CONSIDER THE
FOLLOWING CODE REVISION:
ORDINANCE NO, 2004-49
AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA
AMENDING CHAPTER 20,
ZONING, OF THE CODE
OF ORDINANCES, PRO-
VIDING FOR REVISED
AND ADDITIONAL APPLI-
CATION AND PROCEDUR-
AL REQUIREMENTS FOR
REZONING, VARIANCES,
CONDITIONAL USES,
WAIVERS, AND ADMINIS-
TRATIVE APPEALS; PRO-
VIDING THE CITY COM-
MISSION AUTHORITY TO
REVIEW DECISIONS OF
THE PLANNING AND
ZONING BOARD WITH
REGARD TO ANY APPLI
CATION FOR REZONING;
PROVIDING THE CITY
COMMISSION AUTHORI
TY TO REVIEW DECI
SIONS OF THE BOARD OF
ADJUSTMENT WITH REGARD TO
ANY APPLICATION FOR
REZONING, VARIANCE,
CONDITIONAL USE,
WAIVER, AND ADMINIS-
TRATIVE APPEAL; MAK-
ING CONFORMING
AMENDMENTS; PROVID-
ING FOR THE REPEAL
OF PRIOR INCONSISTENT
ORDINANCES AND RESO-
LUTIONS; PROVIDING
FOR SEVERABILITY;
AND PROVIDING FOR AN
EFFECTIVE DATE,
ORDINANCE NO,. 2004-51
AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA, AU
THORIZING THE CITY
MANAGER TO CONVEY
THE FOUR (4) ATOWN-
HOME UNITS AND COM-
MON AREA PROPERTY
OBTAINED BY THE CITY
OF WINTER SPRINGS IN
THE FORECLOSURE AC
TION AGAINST WYMAN
FIELDS FOUNDATION,
INC., ET AL. PURSUANT
TO SECTION 4.14 OF THE
CITY OF WINTER
SPRINGS CHARTER
PROVIDING FOR SEVER
ABILITY, THE REPEAL
OF PRIOR INCONSISTENT
ORDINANCES, INCORPO
RATION INTO THE CODE,
AND AN EFFECTIVE
DATE.
ON MONDAY,
DECEMBER 13, 2004
AT 6:30 PM
OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS
LOCATED AT THE
WINTER SPRINGS CITY HALL
1126 EAST STATE
ROAD 434
WINTER SPRINGS, FLORIDA
the proposed ordinances
may be inspected by inter
ested parties between 8 am
and 5 pm Monday through
Friday, at the City clerk's
Office, located at 1126 East
State road 434, winter
Spriongs, Florida. for more
information call (407-
327-1800 #227. Persons with
disabilities needing assistance
to participate in any of
these proceedings should
contact the employee rela
tions Department Coordina
tor, 48 hours in advance of
the meeting at (407) 327-1800
Extension 236. this is
a public hearing. If you de
cide to appeal any recom-
mendation/decision made by
the Local Planning Agency
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 verbatim re
cord of the proceedings is
made upon which the appeal
is based. Interested parties
are advised that they may
appear at the meeting and
be heard with respect to the
proposed ordinance.
CSE5953440 DEC 2, 2004
THE CITY OF WINTER SPRINGS
GIVES PUBLIC NOTICE THAT THE
LOCAL PLANNING AGENCY
WILL CONSIDER THE
FOLLOWING CODE REVISION:
ORDINANCE NO, 2004-49
AN ORDINANCE OF THE
CITY COMMISSION OF
THE CITY OF WINTER
SPRINGS, FLORIDA
AMENDING CHAPTER 20,
ZONING, OF THE CODE
OF ORDINANCES, PRO-
VIDING FOR REVISED
AND ADDITIONAL APPLI-
CATION AND PROCEDUR-
AL REQUIREMENTS FOR
REZONING, VARIANCES,
CONDITIONAL USES,
WAIVERS, AND ADMINIS-
TRATIVE APPEALS; PRO-
VIDING THE CITY COM-
MISSION AUTHORITY TO
REVIEW DECISIONS OF
THE PLANNING AND
ZONING BOARD WITH
REGARD TO ANY APPLI
CATION FOR REZONING;
PROVIDING THE CITY
COMMISSION AUTHORI
TY TO REVIEW DECI
SIONS OF THE BOARD OF
ADJUSTMENT WITH REGARD TO
ANY APPLICATION FOR
REZONING, VARIANCE,
CONDITIONAL USE,
WAIVER, AND ADMINIS-
TRATIVE APPEAL; MAK-
ING CONFORMING
AMENDMENTS; PROVID-
ING FOR THE REPEAL
OF PRIOR INCONSISTENT
ORDINANCES AND RESO-
LUTIONS; PROVIDING
FOR SEVERABILITY;
AND PROVIDING FOR AN
EFFECTIVE DATE,
ON WEDNESDAY
NOVEMBER 3, 2004
AT 7:00 PM
OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS
LOCATED AT THE
WINTER SPRINGS CITY HALL
1126 EAST STTE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinance
may be inspected by inter
ested parties between 8 am
and 5 pm Monday through
Friday, at the City clerk's
Office, located at 1126 East
State road 434, winter
Spriongs, Florida. for more
information call (407-
327-1800 #227. Persons with
disabilities needing assistance
to participate in any of
these proceedings should
contact the employee rela
tions Department Coordina
tor, 48 hours in advance of
the meeting at (407) 327-1800
Extension 236. this is
a public hearing. If you de
cide to appeal any recom-
mendation/decision made by
the Local Planning Agency
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 verbatim re
cord of the proceedings is
made upon which the appeal
is based. Interested parties
are advised that they may
appear at the meeting and
be heard with respect to the
proposed ordinance.
CSE5905775 OCT 28, 2004