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Home My WebLink About2006 05 08 Public Hearing 200 Ordinance 2006-04 CITY COMMISSION ITEM 200 Consent Information Public Hearing X Regular May 8, 2006 Meeting MGR./DEPT Authorization REQUEST: The Community Development Department requests that the City Commission hold a public hearing for First Reading of Ordinance 2006- 04 which shall amend the text of Section 6-84 of the City's Code of Ordinances with respect to Accessory Buildings. Specifically, the text amendment provides for the review of all accessory buildings, whether or not the accessory building is attached to the principal structure, to determine compatibility with the principal structure and the surrounding land uses and structures. PURPOSE: The purpose ofthis ordinance is to establish, and codify as law, a code section that facilitates the review of accessory buildings and structures as they relate to the principal structure and the surrounding land uses and structures in terms of architectural style, color, height, and intended use. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Chapter 6, Article III, Building Construction Standards. (Specifically Section 6-84) 3. Winter Springs Charter Section 4.15 Ordinances in General. CONSIDERATIONS: 1. Accessory buildings that are attached to the principal structure are currently not subject to any review for compatibility with the principal structure or the surrounding land uses and structures. 2. The current requirements placed on accessory buildings by the Zoning Code and the Building Code do not adequately address the compatibility issues of the structure with the principal structure and the surrounding land uses and structures. 3. The City Commission recognizes that there are areas of the City where there are no Homeowners Associations or other entities to review the compatibility issues often associated with accessory buildings and that a review of those items for accessory buildings is in the best interest of the citizens of Winter Springs. CHRONOLOGY: April 10, 2006 - City Commission directed the City Attorney and staff to draft an ordinance addressing the issue of neighborhood compatibility for accessory structures as well as additions, modifications and expansions of residential structures. STAFF RECOMMENDATION: Staff recommends that the City Commission hold the First Reading of Ordinance 2006-04 to amend the text of Section 6-84 of the City's Code of Ordinances with respect to Accessory Buildings to allow for the review of all accessory buildings, whether or not the accessory building is attached to the principal structure, to determine compatibility with the principal structure and the surrounding land uses and structures and that Ordinance 2006-04 be publicly advertised for Second and Final Reading and Adoption. ATTACHMENTS: Ordinance 2006-04 COMMISSION ACTION: ORDINANCE NUMBER 2006-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE TEXT OF SECTION 6-84 OF THE CITY CODE WHICH SHALL PROVIDE SUPPLEMENTAL STANDARDS AND CRITERIA FOR THE CONSTRCUTION OF ACCESSORY BUILDINGS WITHIN THE CITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 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 Code of Ordinances of the City of Winter Springs, Florida, establishes criteria for the construction of accessory buildings within the City; and WHEREAS, the Code of Ordinances currently provides no review authority to the City for compatibility issues for accessory buildings that are attached to the principal structure; and WHEREAS, the City Commission desires to clarifY, supplement and strengthen the City's authority to review and regulate the size, height, and other certain other compatibility issues associated with accessory buildings, whether or not said accessory building is attached to the principal structure; and WHEREAS, the City Commission of Winter Springs, Florida, hereby finds this Ordinance to be in the best interest of the public health, safety, and welfare ofthe 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. Section 6-84 of The City of Winter Springs Code is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 6, Building and Building Regulations. It is intended that the text in Chapter 6, Building and Building Regulations 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. 2006-04 Page 1 of 3 ARTICLE III. BUILDING CONSTRUCTION STANDARDS *** 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 living space additions (added to the principle structure subsequent to the issuance of the initial certificate of occupancy for the principal structure),storage buildings, toolhouses, party houses, bathhouses (used in conjunction with swimming pool). garages (when constructed subsequent to the principal structure) 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. Accessory buildings shall be considered part of the principle structure and shall be desi~ed to blend aesthetically with the principle structure. (b) Height and size restrictions. (1) Detached accessorv buildings. The maximum height of any tietached accessory building shall be shall be twelve (12) feet measured from ground level. The maximum size of any detached accessory building structure shall be two hundred forty (240) square feet. (2) Attached accessory buildings. Accessory buildings which are attached to the principle structure shall be subject to the same height limitations as the principle structure. *** (e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, passage or otherwise or is constructed as an inte~al extension ofthe principal structure, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. A detached accessory structure shall be subject to the following setbacks: (1) Comer setback--On all comer lots the minimum open sideyard setback shall be that of the principal structure. building. (2) Rear yard setback--Shall be a minimum of six (6) feet. (3) Side yard setback--Shall be that of the principal structure. lot on which the building is to be located. City of Winter Springs Ordinance No. 2006-04 Page 2 of 3 (4) Easements--If an easement on the lot where the building is to be located is greater than the setbacks that addressed above, then the easement size shall prevail. No building shall be constructed or placed on an easement. *** 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. 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2006. ATTEST: CITY OF WINTER SPRINGS, FLORIDA ANDREA LORENZO-LUACES City Clerk JOHN F. BUSH Mayor 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. 2006-04 Page 3 of 3