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HomeMy WebLinkAboutOrdinance 2007-20 Chapter 20 Amendment ORDINANCE NO. 2007-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES; CHANGING THE ACTUAL LIST PERMITTED, CONDITIONAL, OR PROHIBITED USES IN THE R-3 MULTIPLE-FAMILY DWELLING ZONING DISTRICT TO ADDRESS DAY NURSERIES, KINDERGARTENS AND DAY CARES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under 9 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the R -3 Multiple-Family Dwelling District currently includes as permitted uses residential dwellings and various commercial uses; and WHEREAS, the City Commission believes that permitting day nurseries, kindergartens and day cares as a conditional use in the R-3 Zoning District is consistent with and will compliment the existing R-3 Zoning District uses; 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 hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 20, Zoning, 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 20. It is intended that the text in Chapter 20 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. 2007-20 Page 1 of3 CHAPTER 20. ZONING *** ARTICLE III. ESTABLISHMENT OF DISTRICTS *** DIVISION 6. R-3 MULTIPLE-FAMILY DWELLING DISTRICTS *** Sec. 20-208. Conditional uses. *** ~ Day nurseries. kindergartens and day cares. For purposes of this subsection. "day nurseries. kindergartens and day cares" shall not include "family day care homes" as defined by Florida law. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. 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. City of Winter Springs Ordinance No. 2007-20 Page 2 of3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a t:egular meeting assembled on the 9th day of July, 2007. ~ (\I)Lj" YV\~~ ~ ~ A LORENZO-LUACES Clerk S TO LEGAL FORM AND SUFFICIENCY Y OF WINTER SPRINGS ONLY. First Reading: June 25, 2007 Second Reading: July 9,2007 Effective Date of Ordinance: July 9,2007 City of Winter Springs Ordinance No. 2007-20 Page 3 of3