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HomeMy WebLinkAbout2001 06 11 Public Hearings A First Reading - Ordinance 2001-16 Temporary Storage Structures COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular June ll~ 2001 Meeting i1N- /f'\tJj A t~ ~ LLMI!I..--. Mgr. / Attorney /. . Authorization REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission consider frrst reading of Ordinance No. 2001-16 dealing with temporary storage structure~ and schedule a second reading for adoption. PURPOSE: The purpose of this agenda item is to request the City Commission consider first reading of Ordinance No. 2001-16 dealing with temporary storage structures and schedule a second reading to adopt. APPLICABLE LAW AND PUBLIC POLICY: P.O.D.S. are portable storage units of varying size with signage that are delivered to a residential or commercial lot, placed in the yard or driveway and either removed to a separate facility or left for an indeterminate period of time at the site. Currently, the building division does not regulate these portable structures. Our current code restricts other accessory structures to rear yards, with setbacks, installation requirements such as tie-downs, and building permits. On November 13, 2000 the City Commissi~n directed Staff to prepare an Ordinance restricting temporary storage units. CONSIDERATIONS: Staff has received numerous complaints regarding the placement of these units in residential areas of the city. A recent survey of other municipalities resulted in the following: City of Boca Raton- Currently has no regulation, but is anxiously awaiting the decision of the City of Winter Springs. City of Naples-Allows only for 10 days with a permit. City of Winter Park-Allows for only 24 hours with a permit. JUNE 11, 2001 PUBLIC HEARING AGENDA ITEM A Page 2 City of Casselberry-Prohibits, but will allow temporary structures on construction sites with permit. City of Sanibel-Prohibits City of Jupiter-Does not regulate. City of Longwood- Allows for up to 7 days without a permit. A permit is required for 8 to 28 days. Seminole County- Does not regulate. Is interested in how we respond. STAFF RECOMMENDATION: Staff recommends that the City Commission approve the first reading of Ordinance 2001-16 and schedule a second reading for adoption. ATTACHMENTS: A. Ordinance No. 2001-16 COMMISSION ACTION: ORDINANCE NO. 2001-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 6 RELATING TO THE INSTALLATION AND LOCATION OF TEMPORARY STORAGE STRUCTURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of Winter Springs recognizes the need to protect property values by restricting the installation of temporary storage structures; and WHEREAS, the City Commission hereby recognizes. and finds that prohibiting the installation of temporary storage structures, except on a temporary basis for limited purposes, furthers the aesthetic and historical character ofthe community, especially residential neighborhoods; 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. Winter Springs Code Section 6-59 is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): Section 6-59. Temporary Storage Structures. (ill Definition: For purposes of this section, "temporary storage structure" City of Winter Springs Ordinance No. 2001-16 Page 1 of 4 ATTACHMENT A shall mean a structure designed and used primarily for storage of building materials, household goods, and other such material: and that is not intended for permanent installation. {Q} No temporary storage structure shall be installed and located without a permit issued by the building department. provided that the permit limits the temporary storage structure to a maximum of seventy-two (72) consecutive hours and limited to no more than two (2) times per any twelve (2) month period. A permit fee may be required and collected by the City. (0 In the event of a tropical storm watch or hurricane warning issued by the National Weather Service, the temporary storage structure shall be immediately removed. In such situations, the City shall have the right to enter the property and remove the temporary storage structure ifthe property owner does not remoye the temporary storage structure after reasonable notice by the City. The property owner shall be liable for all removal costs incurred by the City and failure to pay said costs. upon demand by the City. shall result in a lien being placed on the real property in the amount of said costs. @ For good cause shown by the property owner, the time periods set forth in subparagraph (b) may be extended by the City Commission. Good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. City of Winter Springs Ordinance No. 2001-16 Page 2 of 4 Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. 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. Section 4. 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 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2001. PAUL PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk City of Winter Springs Ordinance No. 2001-16 Page 3 of 4 Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2001-16 Page 4 of 4