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Home My WebLink About2002 10 28 Public Hearings B Second Reading - Ordinance 2002-31 Regulating Screen Enclosures COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular October 28. 2002 Meeting JV\ "' ISJ/tI'l (.I(n /d :>- I Mgr. / Att. / Dept. IlEQUEST: The City Attorney requests the City Commission consider Second and Final Reading of Ordinance No. 2002-31 that would amend the City Code regulating screen enclosures, provide a definition for screen enclosure, and provide for setback, height, and other requirements regarding screen enclosures under the City Code. F'URPOSE: This ordinance is intended to broaden the application of the existing screen enclosure regulations so that they apply regardless of whether a pool is enclosed. APPLICABLE LAW AND PUBLIC POLICY: 1. Florida Municipal Home Rule Powers Act. 2. Chapter 6, Article IX, City of Winter Springs Code of Ordinances, establishes regulations for screen enclosures for swimming pools. CONSIDERA TIONS: A. The existing Code regulates setback and height requirements for screen enclosures when a pool is enclosed. These setback and height requirements are different and more relaxed than such restrictions which generally apply to principal and accessory structures. Page 1 of 2 B. Particularly, the screen enclosure can be located within seven (7) feet from the rear property line. The seven-foot setback is closer than the typical twenty-five to thirty-five foot rear yard requirement applicable to residential zoning districts under the City Code. C. The City Commission recently questioned the logic of not applying the same seven-foot setback requirement for a screen enclosure without a pool. D. The City Commission determined that the more relaxed screen enclosure rear setback regulation should apply regardless of whether a pool is enclosed. E. Upon approval of this ordinance, all screen enclosures could be constructed within seven feet of the rear property line, except if the rear line abuts a lake. In which case, the rear setback for the screen enclosure will be twenty-five feet. STAFF RECOMMENDATION: The City Attorney recommends that the City Commission adopt this ordinance on Second Reading. ATTACHMENT: Ordinance No. 2002-31. COMMISSION ACTION: On August 26, 2002, the City Commission directed that this ordinance be prepared for consideration when the City Commission denied a variance requested by Richard Grimes. The variance would have allowed his porch to encroach within the 20-foot rear building setback at his home located in Fox Glen at Chelsea Park. On October 14,2002, the City Commission approved the Ordinance on First Reading. F \DocslCily of Winter SpringslAgendalAgenda. B. ScreenEnclosures. wpd Page 2 of 2 . . . ORDINANCE NO. 2002-31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGULATING SCREEN ENCLOSURES; PROVIDING A DEFINITION FOR SCREEN ENCLOSURE; PROVIDING FOR SETBACK, HEIGHT, AND OTHER REQUffiEMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City currently regulates the placement and construction of screen enclosures under the swimming pool code; and WHEREAS, the City Commission finds that the regulations applicable to screen enclosures should apply regardless of whether a pool is constructed; and WHEREAS, it is the intent and purpose of this ordinance to apply the screen enclosure requirements set forth in this ordinance to all screen enclosures, regardless of what may be enclosed within the screen enclosure area; 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. Swimming Pool Code Amended. The City of Winter Springs Code, Chapter City of Winter Springs Ordinance No. 2002-31 Page 1 of 5 . 6, Article IX, Swimming Pools, 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, Article IX. It is intended that the text in Chapter 6, Article IX, denoted by the asterisks and set forth in this ordinance shall remain unchanged from the language existing prior to adoption of this ordinance). ARTICLE IX. SWIMMING POOLS * * * Sf~C. 6-211. Definitions. * * * Sa een enc!oswe is aiI enclosUI e surrounding a pool, the walls and lOof of the. enclosUI e consisting enti! ely of SC! een mesh, except for minimum essential StiUc.tUI al fi amework required for it) support. * * * Sec. 6-219. Yards. * * * (c) Sc!een enclosUIes shall not be 10Gated close! to the side yard pIopcrty line than the siide yal d setbaGk 1 equirement established by the zoning ordinal1GeS of the Gity for the lot, parcel or .pieGe. ofland upon which the pool is IOGated, nor closer to the leal p!operty line than seven (7) feet. On lakefrollt property, no screen endosUIe shall be erected less than twenty-five (25) feet fionl tile "S.horeliiIe as detellllined by the existing or established conti 01 water level. lIeight shall not be higher '. than the dwelling on the same lot. Mesh sizes shall not be smaller than tvventy (20) by tvventy (20) City of Winter Springs Ordinance No. 2002-31 Page 2 of 5 . tfm~ads pel incll, nOI largel than eighteen (18) tlileads by fOlllteel1 (14) tlueads pel inch. Design . . COlhputatioliS and COlistluction details ofscleen enclosllIes shall be supplied with all plans sllol'Ving that SaIJle cOluply with \\-ind load alid live load lequilelllelits of the buildillg code of tIle city. Section 3. Sec. 6-85. Screen Enclosures Created. Section 6-85 of the City of Winter Springs Code is hereby created to read as follows (underlined type indicates additions): See:. 6-85. Screen enclosures. ill Definition. For purposes of this section. the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh. except for minimum essential structural framework @9uired for its support. {Q} Mesh; Load Requirements. Mesh sizes shall not be smaller than twenty (20) by twenty rul) threads per inch. nor larger than eighteen (18) threads by fourteen (14) threads per inch. Design computations and construction details of screen enclosures shall be supplied with all plans showing that same comply with wind load and live load requirements of the building code of the city. ill Setbacks. The screen enclosure shall meet all code requirements for front and side Y~rd setbacks which are applicable to the subiect property. Notwithstanding any other applicable rear setback requirement. the screen enclosure shall not be located any closer than seven (7) feet from the rear property line of the subiect property. On lakefront property. no screen enclosure shall be located any closer than twenty-five (25) feet from the shoreline. as determined by the existing or established hiB;h-water control level. @ Height. The screen enclosure shall not be higher than the primary structure on the . subject property. except when the principal structure exceeds twelve (12) feet. In which case. the City of Winter Springs Ordinance No. 2002-31 Page 3 of 5 . screen enclosure shall be set back an additional two (2) feet from the minimum setback requirements contained in subsection (b) for every additional foot above twelve feet. ill Easements. Screen enclosures shall not be constructed within an easement area, unless the easement expressly allows said construction. ill Screen enclosure modifications. If any portion of an existing screen enclosure is modified so that it no longer satisfies the definition in subsection (a), the modified screen enclosure shall meet all building setback and height requirements that are applicable to principal and accessory buildings for the subiect property. Section 4. 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 5. 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 6.' 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 7. 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 . City of Winter Springs Ordinance No. 2002-31 Page 4 of 5 i · . Charter. . . ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2002. PAUL P. PARTYKA, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Aplproved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effiective Date: F:\Docs\City of Winter Springs\Ordinances\Screen _Enclosures. wpd City of Winter Springs Ordinance No. 2002-31 Page 5 of 5 ORDINANCE NO. 2002-31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGULATING SCREEN ENCLOSURES; PROVIDING A DEFINITION FOR SCREEN ENCLOSURE; PROVIDING FOR SETBACK, HEIGHT, AND OTHER REQUIREMENTS; 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 currently regulates the placement and construction of screen enclosures under the swimming pool co.de; and WHEREAS, the City Commission finds that the regulations applicable to screen enclosures should apply regardless of whether a pool is constructed; and WHEREAS, it is the intent and purpose of this ordinance to apply the screen enclosure n:quirements set forth in this ordinance to all screen enclosures, regardless of what may be enclosed within the screen enclosure area; 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 n:ference. Section 2. Swimming Pool Code Amended. The City of Winter Springs Code, Chapter City of Winter Springs Ordinance No. 2002-31 Page I of 5 6, Article IX, Swimming Pools, 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, Article IX. It is intended that the text in Chapter 6, Article IX, denoted by the asterisks and set forth in this ordinance shall remain unchanged from the language existing prior to adoption of this ordinance). ARTICLE IX. SWIMMING POOLS * * * Sec. 6-211. Definitions. * * * Saun encloswe is an enc.lostlIe sunoundilig a pool, the walls and roof of the enc.l05ure consisting entirely of screen mesh, except for minimum essential structural flamet't1ork required for its support. * * * S'ec.6-219. Yards. * * * (c) Sc!een enc.losures shall not be located close! to the side }ald prope!ty line than the side yard setback requirement established by the zoning OIdinances of the city for the lot, parcel or piece orland upon t't1mch the pool is located, hor c.loser to the real property line than seven (7) feet. Hn lakefroh't property, no se-Ieen enc.losure shall be elected less than tt't1enty-five (25) feet flom the shOleline as determined by the existing or established conti 01 t't1ater level. Height shall not be higher thall the dt't1elling on the same lot. Mesll sizes shall not be smaller than tt't1enty (20) by tt't1enty (20) City of Winter Springs Ordinance No. 2002-31 Page 2 of 5 threads per inch, nor la1gel than eighteen (18) tmeads by fOUJteen (14) tllleads pel inch. Design computatiolls and construction details of screen enclosures shall be supplied with all plans showing that same cOJtlply with wind load and live load requirements of the building code of the c.ity. Section 3. Sec. 6-85. Screen Enclosures Created. Section 6-85 of the City of Winter Springs Code is hereby created to read as follows (underlined type indicates additions): S(~c. 6-85. Screen enclosures. W Definition. For purposes of this section. the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh. except for minimum essential structural framework required for its support. (Q) Mesh: Load Requirements. Mesh sizes shall not be smaller than twenty (20) by twenty GO) threads per inch. nor larger than eighteen (18) threads by fourteen (14) threads per inch. Design computations and construction details of screen enclosures shall be supplied with all plans showing that same comply with wind load and live load requirements of the building code of the city. W Setbacks. The screen enclosure shall meet all code requirements for front and side ~rd setbacks which are applicable to the subiect property. Notwithstanding any other applicable rear setback requirement. the screen enclosure shall not be located any closer than seven (7) feet from the rear property line of the subiect property. On lakefront property. no screen enclosure shall be located any closer than twenty-five (25) feet from the shoreline. as determined by the existing or established mgh-water control level. @ Height. The screen enclosure shall not be higher than the primary structure on the subiect property. except when the principal structure exceeds twelve (12) feet. In which case. the City of Winter Springs Ordinance No. 2002-31 Page 3 of 5 screen enclosure shall be set back an additional two (2) feet from the minimum setback requirements contained in subsection (c) for every additional foot above twelve feet. Uti Easements. Screen enclosures shall not be constructed within an easement area. unless the easement expressly allows said construction. ill Screen enclosure modifications. If any portion of an existing screen enclosure is modified so that it no longer satisfies the definition in subsection (a). the modified screen enclosure shall meet all building setback and height requirements that are applicable to principal and accessory buildings for the subiect property. Section 4. 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 5. 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 chimged or modified as necessary to effectuate the foregoing. Section 6. 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 7. 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 City of Winter Springs Ordinance No. 2002-31 Page 4 of 5 .. . r~.. Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular ffil~eting assembled on the 28th day of Octobe NZO-LUACES, City Clerk /I AllIthony A. Garganese, City Attorney First Reading: October 14, 2002 Sel:;ond Reading: October 28, 2002 Effective Date: October 28, 2002 City of Winter Springs Ordinance No. 2002-31 Page 5 of 5