HomeMy WebLinkAboutOrdinance 2008-05 Accessory BuildingsORDINANCE N0.2008-OS
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 6-84 OF THE CITY CODE RELATED TO
ACCESSORY BUILDINGS TO ADDRESS AND REGULATE
PRIVATE, DETACHED GARAGES; 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 § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 6-84 of the City Code currently allows a maximum of two (2) accessory
buildings no larger than two hundred forty (240) square feet in area and no taller than twelve (12)
feet in height; and
WHEREAS, the City Commission desires to amend the Code to provide for the construction
of detached, private garages subject to certain limitations set forth herein; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the 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 6, Buildings
and Building Construction, is hereby amended as follows (underlined type indicates additions and
stri~e~attt 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 Ordinance shall remain unchanged from the language existing prior to adoption of this
ordinance):
CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS
City of Winter Springs
Ordinance No. 2008-OS
Page 1 of 3
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ARTICLE III. BUILDING CONSTRUCTION STANDARDS
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Sec. 6-84. Accessory buildings.
(a) General. Accessory building means a detached, subordinate structure, the use of
which is clearly incidental to, customarily associated with, and related to the principal
structure or use of the land, and which is located on the same lot as the principal structure
or use. Accessory buildings shall include storage buildings, toolhouses, private, detached
ara es partq-hetr~es; bathhouses (used in conjunction with swimming pool) and similar
uses. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory
buildings shall not be used as living quarters,_except that private, detached, private garages
may be used as living_quarters or office space where permitted in the Town Center and R-3
zonins districts and subject to all applicable permittin requirements for such use.
(b) Height and size restrictions. The maximum height of an accessory building shall be
twelve (12) feet measured from ground level. The maximum size of any structure shall be
two hundred forty (240) square feet. Notwithstanding the restrictions set forth in this
subsection, detached, private ara eg s may exceed twelve (12) feet in height without Citv
Commission approval provided the Citv Manager or designee thereof determines that each
criteria in subsection (fl(3) herein is satisfied. Further detached rivate gara eg_ s may exceed
two hundred forty (240) sauare feet. but in no case shall exceed one-third [1/3) of the air-
conditioned square footage area of the principle structure
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(e) Setbackrequirements. When an accessory building is attached to a principal structure
by a breezeway, passage or otherwise, it shall become a part of the principal structure and
shall be subject to the required setbacks of the principal structure.
~**
Detached, private earages which exceed twelve (12) feet in height or two
hundred forty sauare feet in area must meet the setbacks of the applicable zoning
district for the principle structure.
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City of Winter Springs
Ordinance No. 2008-OS
Page 2 of 3
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.
ADOPTED by the City Commission of the Cit f Winter Springs, ~Fiorida, in a regular
meeting assembled on the 9`h day of June, 2008.
~Y`-
JO F. BUSH, Mayor
AT'P~E
i
AN A LORENZO-LUACES
C ty Clerk
APPRO AS TO LEGAL FORM AND SUFFICIENCY
FO HE ITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: April 14, 2008
Second Reading: June 9, 2008
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2008-OS
Page 3 of 3