HomeMy WebLinkAboutOrdinance 2009-02 Regulate Parking of Vehicles in Yards/SidewalksORDINANCE NO. 2009-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
SUPPLEMENTAL DISTRICT REGULATIONS OF CHAPTER
20, ZONING, TO REGULATE PARKING OF VEHICLES IN
FRONT YARDS OF RESIDENTIAL LOTS; PROHIBITING
PARKING OF VEHICLES ON OR OVER SIDEWALKS
ADJACENT TO RESIDENTIAL LOTS; AMENDING THE
CITY CODE TO PROVIDE STANDARDS FOR PARKING
AREAS ON RESIDENTIAL PROPERTY; 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 Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City desires to preserve the residential character and integrity of residential
neighborhoods within the City of Winter Springs; and
WHEREAS, the City Commission is aware that there is a growing problem within the City
of persons parking vehicles in residential areas within front yards that are intended to be open and
green space or intended to be sidewalk space for pedestrian traffic; and
WHEREAS, in many cases, the vehicles are parked on and over areas that were not intended,
designed, or constructed for vehicular parking including on and over grass, landscape and sidewalk
areas; and
WHEREAS, parking vehicles in the manner described above detracts from the residential
character of the City's residential neighborhoods and in some cases endangers the well-being of
pedestrians who desire to use the sidewalk; and
WHEREAS, the City Commission hereby finds that preserving the open and green space
areas in front yards is necessary to preserve the residential character, integrity, and unique aesthetic
qualities of neighborhoods within the City of Winter Springs; and
WHEREAS, in accordance with the City's inherent police powers to protect the public
health, safety, and welfare, the City Commission further finds that maintaining sidewalks free of
City of Winter Springs
Ordinance No. 200)-02
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vehicular obstruction is necessary for the well-being of pedestrian travelers; and
WHEREAS, the City Commission also finds that Florida has long recognized that local
governments may legislate to protect the appearance of their communities as a legitimate exercise
of their inherent police powers. See City of Sunrise v. D.C.A. Homes, 421 So. 2d 1084 (Fla. 4`~ DCA
1982); City of Lake Wales v. LamarAdver. Ass 'n of Lakeland, Fla ., 414 So. 2d 1030 (Fla. 1982)
(recognizing that "[z]oning solely for aesthetic purposes is an idea whose time has come; it is not
outside the scope of the police power"); City of Coral Gables v. Wood, 305 So. 2d 261 (Fla. 3rd DCA
1974) ("[a]esthetic considerations have been held to be a valid basis of zoning in Florida."); and
WHEREAS, the City of Winter Springs Comprehensive Plan, Transportation Element,
Objective 1.5, and associated policies, provide that the City shall promote and defend safe,
convenient, and efficient pedestrian ways and sidewalks; and
WHEREAS, neighborhood aesthetics are an integral part of maintaining property values
and are relevant zoning considerations. See Wood, 305 So. 2d 261; and
WHEREAS, the City Commission recognizes that the definition of"front yard" is defined
in section 20-1 of the City Code and that said definition shall be used for purposes of interpreting
and enforcing the provisions set forth in section 20-438 adopted hereunder unless otherwise
subsequently required by ordinance; 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 incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, is hereby
amended to create a new section 20-438 as follows (underlined type indicates textual additions to
the City Code):
Sec. 20-438. Parking Vehicles in Residential Front Yards and on Sidewalks Prohibited.
~) The parking of anv vehicle within the front yard of anv residential lot shall be prohibited
unless said vehicle is parked on a driveway and/or desi nabparking area that meet the
requirements set forth in section 20-439 of the Cites
City of Winter Springs
Ordinance No. 2009-02
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(b) The parking of any vehicle on or over any sidewalk adjacent to any residential lot is
hereby prohibited. For purposes of this subsection the term sidewalk shall be as defined in section
316.003, Florida Statutes, and shall include andportion of a sidewalk that traverses a drivewaX
(c) A violation of this section may be prosecuted before the code enforcement board or shall
be classified as class I civil citation violation.
Sec. 20-439. Parking Areas on Residential Lots; Design Requirements
a Permitted Parking Locations. On residential lots vehicles shall be parked within a
gara e, carport, or on a driveway and/or desi ng_ ated parking area.
b De tuitions. Forpurposes ofthis section the followingterms shall be defined as follows
(1) "Driveway" shall mean a path designed for vehicles and permitted by the Cit,~at
connects a residential unit or garage with a public or private street
(2) "Designated Parking Area "shall mean a separate outdoor area on a residential lot which
is designed in accordance with the requirements of this section for the parking of vehicles
(3) "Redel~~eloped "shall mean (i) a tear down of an existing residential unit forpurposes of
constructir,~ a new residential unit on the same lot as the tear down• (ii) the construction of
a new driveway or desi n~parking area on a residential lot• (iii) the construction of an
additional ~ara~e or carport; and (iv) the expansion of an existing residential unit b. more
than fifty (50) percent of the existing_ ross s uare footage
(c) Minimum Driveway Design Requirements The minimum design standards for
driveways constructed on residential lots are as follows:
1 The width of the driveway shall not exceed the width of the arage or carport whichever
is greater. If the lot does not have a gara e or carport the minimum width shall be ten (10~
feet.
(2) The driveway shall not be located in the middle of the front yard unless the driveway is
designed and permitted to be circular or unless the lot configuration natural topography,
natural feaiure or entrance alignment with a public or private street prevent the driveway
from being located elsewhere.
(3) The driveway shall be constructed with one or more of the approved construction
materials identified in subsection (e).
(4) The driveway meets other applicable design standards set forth in the City Code
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Ordinance No. 2009-02
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including, but not limited to, the technical specifications set forth in chapter 9.
(d) Minimum Designated ParkingArea Design Standards. The minimum design standards
for desi n~parking areas constructed on residential lots are as follows:
(1) A maximum of one desi ng ated parking area shall be allowed per residential lot to the
extent that sufficient area exists, within the front or side yard on the lot, to safely
accommodate at least one vehicle within the desi ng ated parkin
(2) If the designated parking area is located within the front Yard, the desi n~ ated parking area
shall be located parallel and adjacent to one side of an existing driveway on the lot, and the
desi ng ated parking area shall not extend beyond any sidewalk located on or adjacent to the
lot. [see attached Illustration 20-4391
(3) If the designated parking area is located within the side yard, the desi n~parkin
shall be required to extend from an existing drivewa~[see attached Illustration 20-4391
~4) The designated parking area shall be constructed with one or more of the approved
construction materials identified in subsection (e).
(5~ The desi n~parking area shall not exceed twelve (12) feet in width.
(el Approved Construction Materials. Driveways and desi nabparking areas on
residential lots shall be constructed of the following materials:
~1) For residential lots developed or redeveloped after August 11, 2009, driveway
desi n~parking areas shall be constructed of concrete, asphalt, decorative pavers, brick,
Eco-brick, crushed rock, rg avel, g_eo-web with gravel, or turf block. However, mulch may
be used for desi n~~arkin a~ reas provided an impervious border is constructed pursuant
to subparagraph (e)(3).
~2) Subject to the conditions set forth in subsection (e~(1 and (3), driveways and desi n
parking areas on residential lots that are existing on August 11, 2009 shall be allowed to
continue tc+ use existing construction materials, provided said materials are concrete, asphalt,
decorative pavers, brick, Eco-brick, crushed rock, rag_vel, geo-web with gravel, turf block,
mulch, bark, or compacted or stabilized earth .
~3) Whenever a driveway or desi ng ated parking area is constructed of ra~geo-web,
crushed rock, mulch or bark in accordance with the requirements of this section, the area
shall be defined b,, a~pervious border which is intended to reduce the migration of the
materials used to construct said area.
City of Winter Springs
Ordinance No. 2009-02
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(fl When Site Construction Permit Required. A site construction permit shall be required
from the Buildine Division Community Development Department whenever impervious materials
are used to construct a driveway or desi nated parking area or whenever a new designated parking
area is constructed on any residential lot.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code.This Ordinance and the attachedillustrations 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 City
Charter.
[Adoption page follows]
City of Winter Springs
Ordinance No. 200)-02
Page 5 of 6
ADOPTED by the City Commission of the City of Winter Springs, Florida, ir. a regulaY meeting
assembled on the 10th day of August, 2009. , .---~ / --~ /f ~, / ~y ~ ~
JO N F. BUSbY, May•ar
ATTE~T:~,
y
~ °; r`~,
A~ LCSRENZO-LUACES, City Clerk
Approved s to legal form and sufficiency for
the City f inter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
July 27, 2009
August 10, 2009
August 10, 2009
City of Winter Springs
Ordinance No. 2009-02
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