HomeMy WebLinkAboutOrdinance 2009-04 Setback RequirementsORDINANCE NO. 2009-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING
SECTION 6-86 OF THE CITY CODE RELATED TO
MINIMUM SETBACK REQUIREMENTS FOR ZERO LOT
LINE PROPERTIES WITHIN PUD ZONING DISTRICTS;
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 zero lot line property owners in Winter Springs desire to add screen
enclosures with solid roofs, porches or other additions to their existing residential structures; and
WHEREAS, in many cases, these kinds of residential additions would be prohibited by the
existing setback requirements of the City Code; and
WHEREAS, the City Commission desires to amend section 6-86 of the City Code with
regard to setback requirements applicable to zero lot line properties in order to provide an
opportunity for property owners to construct additions that are consistent and in harmony with the
surrounding area, if desired; 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 Regulations, is hereby amended as follows (underlined type indicates additions and
strikeont 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
City of Winter Springs
Ordinance 2009-04
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ordinance):
CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS
ARTICLE III. BUILDING CONSTRUCTION STANDARDS
Sec. 6-86. Minimum setback requirements within PUD zoning districts.
(b) Zero lot line. Unless otherwise provided elsewhere in the City Code or upon a plat of
record previously approved by the city commission, the principal building setbacks for zero
lot line property zoned planned unit development (PUD) shall be as follows:
(1) Front yards. The front yard shall not be less than twenty-five (25) feet in depth;
(2) Rear yards. The rear yard shall not be less than three 3 ten (16) feet in depthk.
However, rear yard building setbacks may, ppon approval of the city manager, be
reduced to zero (O) feet provided that the rear lot line abuts common open space or
property that is otherwise restricted and not suitable for development, (other than
ayl;
transportation rights-of-w
(3) Side yards. The side yard shall not be less than five (5) feet on one (1) side of the
dwelling structure Side yard building setback lines may, upon approval of the city
manager, be reduced to zero (0) feet for end units that abut common open space or
property that is otherwise restricted and not suitable for development, (other than
tranWortation rights-of-way); and
(4) Corner yards. On corner lots, the front yard set back of twenty-five (25) feet must
be maintained, at a minimum, on all sides abutting public rights-of-way.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted bythe 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 shall be incorporated into the
City of Winter Springs
Ordinance 2009-04
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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 City of Winter Springs, Florida, in a regular
meeting assembled on the 13th day of April ; 2009.
JOO F. BUSH, Mayor
AT EST:
A LORENZO-LUACES
City erk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR T ITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: March 23, 2009
Second Reading: April 13, 2009
Effective Date: April 13, 2009
City of Winter Springs
Ordinance 2009-04
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