HomeMy WebLinkAboutOrdinance 2008-06 Fence Height LimitationsORDINANCE N0.2008-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 6-190 OF THE CITY CODE RELATED TO FENCE
HEIGHT LIMITATIONS; 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, certain zoning districts in the City provide horses, ponies or commercial riding
stables as permitted uses subject to certain conditions; and
WHEREAS, section 6-190 of the City Code currently limits fences located in front of
building setbacks to no more than four (4) feet in height; and
WHEREAS, the City Commission desires to increase the height limitation on said fences
in those zoning districts which permit keeping horses or ponies, or permit commercial riding stables;
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, Building and
Building Regulations, is hereby amended as follows (underlined type indicates additions and
striitc~o~tt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance oftext
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):
City of Winter Springs
Resolution No. 2008-06
Page 1 of 3
CHAPTER 6. BUILDING AND BUILDING REGULATIONS
***
ARTICLE VIII. FENCES, WALLS, HEDGES
*~*
Sec. 6-190. Height limitations generally.
All walls or fences hereafter located, erected, constructed, reconstructed, or altered outside
of the established building lines shall adhere to the following heights:
~ If front of the front building line, no more than four (4) feet in height;
If to the rear of the front building line, provided the provisions of section 6-191 are
met for corner lots, no more than eight (8) feet in height;
~c,~ Fences no more than four feet six inches (4'6" in hei hg t ma}_be,permitted on a case-
bv-case basis by the city manager to be located in front ofthe building line in zoning districts
which provide for horses and ponies or commercial riding stables as permitted uses. Any
fence approved b ty he cit~nager under this subsection shall be constructed using non-
opaaue material.
**~
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted bythe 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
City of Winter Springs
Resolution No. 2008-06
Page 2 of 3
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 City of Winter Springs; Florida, in a re~.tlar
meeting assembled on the 9th day of June , 208. -
ATT
A LORENZO-LUACES
Ci Clerk
~~
JO .BUSH, lVt`ayor ..
,.
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
F ITY OF WINTER SPRINGS ONLY.
~~.
ANTHO A. GARGANESE
City Attorney
First Reading: April 14, 2008
Second Reading: June 9 , 2008
Effective Date: See Section 6.
City of Winter Springs
Resolution No. 2008-06
Page 3 of 3