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Home My WebLink About2001 07 09 Public Hearings B Third Reading - Ordinance 2001-16 Temporary Storage Structures COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular July 9.2001 Meeting Mgr./ Atty. / Authorizatio REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission consider a third reading and adoption of Ordinance No. 2001-16 dealing with temporary storage structures. PURPOSE: The purpose of this agenda item is to request the City Commission consider a third reading and adoption of Ordinance No. 2001-16 dealing with temporary storage structures. 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. 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. . City of Casselberry-Prohibits, but will allow temporary structures on construction sites with permit. JULY 9, 2001 PUBLIC HEARING AGENDA ITEM B Page 2 . 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. On November 13,2000 the City Commission directed Staff to prepare an Ordinance restricting temporary storage units. On June 11,2001, the City Commission moved to accept the first reading of Ordinance 2001-16 with some minor changes. These changes include; . Specifying the information that will be required on the permit application . Giving the City Manager authority to consider the circumstances that may qualify as "good cause" necessary to extend the time limit. On June 25, 2001, the City Commission directed Staff to move this item to a third reading for adoption. STAFF RECOMMENDATION: Staff recommends that the City Commission approve the third reading and adoption of Ordinance 2001-16. ATTACHMENTS: A. Ordinance No. 2001-16 B. Legal Ad COMMISSION ACTION: ATTACHMENT A Sent By: BRDWN,WARD.SALZMAN&WEISS,P.A.; 407 425 9596; Jun-29-0111:15AM; Page 2/5 ORDINANCE NO. 200t-Hi AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECfION 6 RELATING TO THE INSTALLA TTON 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 EFFECfIVE DATE. WHEREAS. the City Commission ofW inter 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 of the community. especially residential neighborhoods and furthers the safety and security of property and life during serious weather situations; and WHEREAS, the City Commission of the City of Winter Springs, Florida. hereby find.. 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 stlikeotlt type indicates deletions): SedioD 6-59. Temporary Stora~e Structures. W Defutition: For purposes Qf this section. "temporary storage structUnf" City of Winter Sl'nn8' OrdinlDC'O No, 2001'.16 Page 1 of 4 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596j . Jun-29.01 11 :16AMj Page 3/5 shall mean a StmctUfe desiLUled and used primarily for storal!e of building materials. household ROods. and other such material: and that is not intemleq for pennanent installation. (b) A suwlier of a temnofary storage structure shall obtain a pennit issued by th~ building de,partment prior fo supplYing and installing or allowing to be installed a temporary stora~ structure wiQtin the City .of Winter SRrm2s. The Dcrmit shall be limited to a s,pccific address and shall allow the installation at such address for a maximum of seventy-two (2) consecutive hours. Pennits shall also be limited to a maximum oftwo (2) per ~y twelve (12) month period for any specific adc;iress. A permit fee may be req!Jiroo by resolution ofth~ City Commission and collected bv the City. The pemlit shall conta~n the date and time of issuance. the name of the person to whom the temporlU'V storoee structure is supplied. and the address at which the temporary storage stmcture will be installed. (c) In the event of a trqpj~l storn) watch or hurricane warning issued bv the National Weather Service. thc tcmporary storage s~turc shall be immediately removed by the suoolier within twentv-four(24) hours. In such situations. the City shall have the (iszht to enter the ptQpcrty and remove the temporary storaie structure if the supplier does not rehlQVe the tcmooraQ' storage structure after reasonable notice by the City. The supDlier shall ~ liabl~ for all remoyal costs incurred by the City and failure to pay said costs. City of Winlc:r Springs Ordin.ancoNo.2ool.16 l>age 2 of 4 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-29-0111:16AMj Page 4/5 upon demand by the City. shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162. FIQrida Statutes. in the amount of sajd costs. @ For eood cause shown by the owner of the prQPeI1y at which the ternporarv storage structure will be s4Pplied. the time periods set forth in subpara~raph (b) lDay be extended by the City Manager or City Commission: provided an extension granted by the City Manager shaH not extend beyond the date for the next reauhuJy scheduled City Commission meeting. Good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and propertv dama&e. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent oftbe conflict. Section 3. Incorporatioll tnto Code. This ordinance shall be incorpornted into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary tu ~rr~ctuate the foregoing. Sedion 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 competcntjurisdiction, 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. City of Winter SPrWg6 Ordinance No. 2001.16 ~~c ] of 4 Sent By: BRQWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j , , ~ Jun.29.0111:17AMj Page 5/5 Section 5. Effective Dare. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. folorida. 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 Approved as ro legal form and 5umcieney for the City of Wiater Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: F:\DOCSlCily of Wirrtet Sprln8s\OrdilUlnces\Tanp Slurllb'e Slruct\l1CS,lcj City of Winttr Springs Ordinance No. 2001.16 Page 4 of 4 .~ f :; 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 WHERE~S, 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 of the community, especially residential neighborhoods and furthers the safety and security of property and life during serious weather situations; 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 Storal!e Structures. City of Winter Springs Ordinance No. 2001-16 Page I of 4 ;, .~ @ Definition: For purposes of this section. "temporary storage structure" 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. (b) A supplier of a temporary storage structure shall obtain a permit issued by the building department prior to supplying and installing or allowing to be installed a temporary storage structure within the City of Winter Springs. The permit shall be limited to a specific address and shall allow the installation at such address for a maximum of seventy-two (72) consecutive hours. Permits shall also be limited to a maximum of two (2) per any twelve (12) month period for any specific address. A permit fee shall be required by resolution of the City Commission and collected by the City. The permit shall contain the date and time of issuance. the name of the person to whom the temporary storage structure is supplied. and the address at which the temporary storage structure will be installed. (c) In the event of a tropical storm or hurricane watch issued by the National Weather Service. the City shall haye the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four (24) hours notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service. the temporary storage structure shall be immediately removed by the supplier after the warning being issued. In such situations. the City shall have the City of Winter Springs Ordinance No. 2001-16 Page 2 of 4 ;- . ~ right to enter the property and remove the temporary storage structure if the supplier does not remove the temporary storage structure as required by this subsection. The supplier shall be liable for all removal costs incurred by the City and failure to pay said costs. upon demand bv the City. shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162. Florida Statutes. in the amount of said costs. @ For good cause shown by the owner of the property at which the temporary storage structure will be supplied. the time periods set forth in subparagraph (b) may be extended by the City Manager or City Commission: provided an extension granted by the City Manager shall not extend beyond the date for the next regularly scheduled City Commission meeting. Good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, 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 City of Winter Springs Ordinance No. 2001-16 Page 3 of 4 j; '. . .~ 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 July , 2001. , II :, c1r: rLL - ANDRE~NZO-LUACES City Clerk Approye as to legal form and sufficiency for the--9rtYof~. ip;ter Springs only k _-~/l _ /Anthony A. Garganese, City Attorney First Reading: June 11, 2001 Second Reading: June 25, 2001 Third Reading: July 9, 2001 Effective Date: July 9. 2001 F:\DOCS\City of Winter Springs\Ordinances\Temp storage structure.kj. wpd City of Winter Springs Ordinance No. 2001-16 Page 4 of 4 A TT ACHMENT B COMMUNITY DEVELOPMENT DEPARTMENT LEGAL ADVERTISEMENT COVER SHEET DA TE: 6-d~-CJI GENERAL INFORMATION: Community Development Department _ p,ing _ Building ~ode Enforcement _ Engineering Drafted By: fl~ ~ Publish Date(s): ~ -,2 9- tJ / Advertisement Title: AI;::O;c( cJ/ ~ r!I~~ t. Submitted By: Division: Number of Pages: D Publ~: ~ Orlando Sentinel o Seminole Herald o Other ~Oduct(SeminOle County) o Full Run (5 Counties) NEWSPAPER REQUIREMENTS: o 18 Point Headline o Advertisement must be a minimum of 2 columns wide x 10" long Reviewed By: ~ ,..~ , Charles C. Carrington -a-- Date: ~ - 1. · Anthony Garganese Date NOTICE OF PROPOSED CHANGES TO SECTION 6 WINTER SPRINGS CODE OF ORDINANCES NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS WilL HOLD A PUBLIC HEARING FOR THE TIllRD READING ON PROPOSED ORDINANCE 2001-16 TO CONSIDER AMENDMENTS TO SECTION 6 OF THE CITY CODE RELATING TO TEMPORARY STORAGE STRUCTURES. A PUBLIC HEARING ON THE PROPOSED ORDINANCE WilL BE HELD ON JULY 9, 2001 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL. ORDINANCE 2001-16 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 6 RELATING TO THE lNSTALLA TION AND LOCA TION OF TEMPORARY STORAGE STRUCTURES; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A PUBLIC HEARING ON THE TIllRD READING OF PROPOSED ORDINANCE 2001-16 WILL TAKE PLACE AT THE CITY COMMISSION CHAMBERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAY BE OBTAINED FROM THE OFFICE OF THE CITY CLERK AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. FOR MORE INFORMATION CALL 327-1800,EXT. # 227. PERSONS WITH DISABILITES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800. THIS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO-LUANCES CITY CLERK