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HomeMy WebLinkAbout2005 06 13 Public Hearing Item 400, Ordinance 2005-17, Revises language in Section 6-193 of Code COMMISSION AGENDA ITEM 400 Consent Informational Public Hearing X Regular June 13, 2005 Meeting MGR. ~ /DEPT Authorizati REQUEST: The Community Development Department- Planning Division and the City Attorney requests the City Commission hold a public hearing for First Reading of Ordinance 2005-17, which revises certain language in Section 6-193 of the Code as related to the location of fences and walls. PURPOSE: To amend the language in Section 6-193 of the Code to allow property owners, by mutual written consent, to connect or otherwise attach their respective fences and walls in order to eliminate any gap or space between the fences or walls. APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Powers Act. Section 166.041(3)(c), Florida Statutes. Winter Sorin2s Charter Section 4.15 Ordinances in General. Article VIII. Fences, Wall, Hedges [City Code] Section 6-193 [City Code] CONSIDERATIONS: Currently, Section 6-193 (Distance from Property Line) of the Code requires that all fences, walls, and hedges must be at least three (3") inches from property lines. This requirement has resulted in the creation of gaps, specifically in fences and walls, along common property lines where each lot owner may own different portions of a fence or wall along said property line. Rather than connect the two portions of fence or wall to eliminate gaps along a common property line, the owners must currently construct separate and distinct fences or walls adhering to the 3" setback requirement. June 13, 2005 - CITY COMMISSION AGENDA PUBLIC HEARING AGENDA ITEM 400 Construction of two separate and distinct fences or walls, both adhering to the 3" setback, creates an area between the two structures that is difficult to maintain. The proposed ordinance allows for fences and walls to be connected or otherwise attached eliminating any gap or space. Before any permit is issued to connect or attach the fences or walls, the affected property owners must provide the City with proof of written mutual consent on a form acceptable to the City. This item was last discussed at the May 23, 2005 City Commission meeting as part ofthe Public Input portion of said meeting. There was a consensus of the Commission to have staff amend the language in the Code to allow for connection of fences and walls with the condition that both parties must execute a standard format agreement prior to the issuance of a permit for such connection. STAFF RECOMMENDATION: Staff recommends that the City Commission hold the First Reading of Ordinance 2005-17 which revises certain language in Section 6-193 of the Code as related to the location of fences and walls. ATTACHMENTS: A. Ordinance 2005-17 B. Article VIII. Fences, Walls, Hedges - City Code (for reference) ATTACHMENT A ORDINANCE NO. 2005-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGULATING THE PLACEMENT OF FENCES AND WALLS BY AMENDING SECTION 6-193, DISTANCE FROM PROPERTY LINE, OF THE CODE OF ORDINANCES; 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 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 City Code currently requires that fences be constructed at least three inches from the property line; and WHEREAS, if abutting property owners each construct a fence three inches from their property line, a six inch gap between the fences will be created; and WHEREAS, the City Commission hereby fmds that creating such a gap creates property maintenance and upkeep problems; and WHEREAS, the City Commission also fmds that the regulation set forth in this ordinance should logically also apply to walls; 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. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, Section 6-193, is hereby amended as follows: (underlined type indicates additions and st1ikc.out type indicates deletions). City of Winter Springs Ordinance No. 2005-17 Page 1 of 3 CHAPTER 6. BUILDINGS AND BUILDING REGULATIONS *** ARTICLE VIII. FENCES, WALLS, HEDGES *** Sec. 6-193. Distance from property line. Fences. walls or hedges must be at least three (3) inches from property lines. except adjacent property owners may connect or otherwise attach their respective fences and walls in order to eliminate any gap or space between the fences and walls. The property owner's mutual written consent must be provided on a form acceotable to the City prior to the City permitting any such connection or attachment. *** 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. 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. City of Winter Springs Ordinance No. 2005-17 Page 2 of 3 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 , 2005. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk 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. 2005-17 Page 3 of 3' ATTACHMENT B * 6-166 WINTER SPRIN it shall be made to conform with the requirements for newly constructed buildings and structures. No change of use of occupancy shall be compelled y reason of such reconstruction or restoration. ode 1974, ~ 5-89) 6-167. Notice of unsafe building to be served on persons having inter- est in building; method of ser- vice. (a) on receipt of information that a building or struct e is unsafe, the building inspector shall make or c use to be made an inspection and if it is found th t an unsafe condition exists, he shall serve or cau to be served on the owner or one (1) of the owner executors, administrators, agents, lessees or othe persons who may have a vested or contingent inte est in the same, a written notice containing a de ription of the building or struc- ture deemed uns fe, a statement of the particu- lars in which the uilding or structure is unsafe, and an order requi . ng the same to be made safe and secure or remo d, as may be deemed neces- sary by him. (b) If the person to hom the notice and order required by subsection ) is addressed cannot be found within the city er diligent search, then such notice and order sh be sent by registered mail to the last known a dress of such person, and a copy of such notice shall be posted in a conspicuous place on the emises to which it relates. Such mailing and po ing shall be deemed adequate service. (Code 1974, ~ 5-90) Sec. 6-168. Court action to ance or prosecute ffender upon disregard to notice. If a person served with a notic or order to remove or repair an unsafe building r structure shall fail, within sixty (60) days, to c mply with the requirements thereof, the city att ney may institute an appropriate action in the ourts to compel compliance or the person shall b tried in a court of competent jurisdiction and found guilty shall be punished in accordance w th sec- tion 1-15. (Code 1974, ~ 5-91) Supp. No.3 . Vacating unsafe buildings and c sing adjacent streets. When a building structure is in an unsafe condition, so that life 1 endangered thereby, the building inspector may der and require the inmates and occupants to v te the building or structure forthwith. He may, w n necessary for the public safety, temporarily c e sidewalks, streets, buildings, structures and pIa s adjacent to such building or structure and pr 'bit the same from being used. (Code 1974, ~ 5-92) Sees. 6-170-6-185. Reserved. '7 ARTICLE VIII. FENCES, WALLS, HEDGES* Sec. 6-186. Permit required. Plans showing the location of any proposed fence or wall in excess of one hundred dollars ($100.00) value and the type of construction shall be submitted to the building official and a permit obtained therefor from the building official. (Code 1974, ~ 5-122) Sec. 6-187. Construction materials. Fences and walls constructed within the city shall conform to one (1) of the following: (1) Wood fences constructed of rot-and termite- resistive species of wood or chemically pressure-treated to resist rot and termite attack. (2) Street posts and wire fabric fences with fabric of a minimum of eleven gauge gal- vanized or other non-corrodible metal. (3) Ornamental iron. (4) Ventilated concrete or masonry. *Cross references-Beautification board, * 2-76 et seq.; enclosure for swimming pool required, * 6-217; land develop- ment, Ch. 9; zoning, Ch. 20. 380 BUILDINGS AND BUILDING REGULATIONS (5) Decorative PVC or aluminum, structur- ally sound to maintain spans and one hundred ten (110) mph wind load. (Code 1974, ~ 5-123; Ord. No. 2001-29, ~ 2, 5-14- 01) Sec. 6-188. Exceptions to section 6-187. Where zoning classifications within the city allow for horses, barbed wire fences will be per- mitted as well as fabric fences with fabric of less than a minimum of eleven-gauge galvanized or other noncorrodible metal. (Code 1974, ~ 5-124) Sec. 6-189. When barbed wire permissible. In areas where security fences are permitted, barbed wire may be used above six (6) feet with approval of the building officials. (Code 1974, ~ 5-125) Sec. 6-190. Height limitations generally. All walls or fences hereafter located, erected, constructed, reconstructed, or altered outside of the established building lines shall adhere to the following heights: If front of the front building line, no more than four (4) feet in height; if to the rear of the front building line, provided the pro- visions of section 6-191 are met for comer lots, no more than eight (8) feet in height. (Code 1974, ~ 5-126) Sec. 6-191. Limitations when adjacent to street, intersection. To avoid the obstruction of clear vision around or through comers on comer lots, no fence, wall or hedge shall be erected, planted or grown within twenty-five (25) feet of the intersecting property line comer adjacent to the street intersection corners. (Code 1974, ~ 5-127) Cross references-Streets, sidewalks and other public places, Ch. 17; streets, ~ 17-26 et seq.; motor vehicles and traffic, Ch. 12; zoning, Ch. 20. Sec. 6-192. Utility easements. (a) It shall be lawful for any person to enclose or fence any utility easements; provided, however, that adequate access must be provided thereto by Supp. No.6 ~ 6-193 the fence owner. If it becomes necessary to cut a fence or remove walls for the purpose of installa- tion of new utilities or repairing or maintaining installed utilities, the utility company involved shall be responsible to repair or replace the fence or wall to the condition existing previous to the installation, repair or maintenance. (b) A dedicated right-of-way shall not be fenced by any private citizen. However, and only when it is determined by the city commission that fenc- ing, in whole or in part, of a public right-of-way is necessary to protect the health, safety, and wel- fare of the citizens of the city as a whole, the city commission may authorize a conditional use to permit a private citizen to erect a fence on a dedicated right-of-way contiguous to that citizen's property. Requests for such conditional use to this section shall be decided pursuant to the criteria procedures set forth in Chapter 20 of the City Code. (c) Any fencing approved by conditional use to be erected on a dedicated right-of-way shall be constructed according to plans approved by the city staff, with gates adequate to allow access to maintenance vehicles. All costs incurred in fenc- ing the right-of-way shall be borne by the contig- uous property owner to whom the conditional use may be granted. The fence shall be maintained in safe condition by the property owner who in- stalled it, and the fencing when removed may be reclaimed by that property owner. (d) Such fences erected privately by condi- tional use on a dedicated right-of-way shall not preclude access to or use of such public land by any citizen of the city. (Code 1974, ~ 5-129; Ord. No. 2004-49, ~ 3, 12-13- 04) Cross reference-Utilities, Ch. 19. :;7 Sec. 6-193. Distance from property line. Fences or hedges must be at least three (3) inches from property lines. (Code 1974, ~ 5-130) Cross references--Land development, Ch. 9; zoning, Ch. 20. 381 ~ 6-194 WINTER SPRINGS CODE Sec. 6-194. Article prOVISIons not control- ling; exception. Provisions of this article do not supersede or control deed restrictions running with the land unless the provisions therein are more stringent than in the deed restriction. (Code 1974, ~ 5-131) Sees. 6-195-6-209. Reserved. ARTICLE IX. SWIMMING POOLS* Sec. 6-210. Code adopted. The city hereby adopts in its entirety certain code known as the Standard Swi g Pool Code, 1985 Edition, as promulgated y the Southern Building Code Congress Inte tional, Inc., except as otherwise provided in t . article. (Ord. No. 461, ~ 5, 6-26-89) Sec. 6-211. Definitions. As used herein, the following terms and their derivations shal ings stated herein. Pool is a facility contain' g or intended to contain, water of a total v. lume greater than twenty-five hundred (2500) allons, and/or is over twenty-four (24) inches i depth, with surface area exceeding one hu red fifty (150) square feet, used only by an i aividual citizen and his family or bona fide gu sts and shall not include ownership, operation r use by any type of club, cooperative housing joint tenancy of two (2) or more families. (Code 1974, ~ 5-14 Ord. No. 2002-31, ~ 2, 10-28- 02) Sec. 6-212. Ap ication for permit; plans and sp cifications. Before any ork is commenced on the construc- tion of a pool r any structural alteration, addi- tion or the re odeling thereof, an application for a permit to c nstruct such pool, accompanied by .Cross ref< ences-Flood damage prevention, Ch. 8; land development, Ch. 9; nuisances, Ch. 13; planning, Ch. 15; zoning, Ch. 20. Supp. No.6 two (2) sets of plans and specifications and pert' nent explanatory data, shall be furnished to t e building official ofthe city for his approval, an 0 part of the work shall be commenced until the building inspector has granted such pe t to construct and has further evidenced his ap roval by a suitable endorsement upon such pIa s and specifications, and no such pool shall e used until final inspection has been made by t e build- ing official. The building official shall re . ew such plans and specifications to determin whether they comply with the provisions of this icle and with reasonable standards ofswimm' g pool con- struction. (1) The plans, specifications d pertinent data required to be submi ed in connec- tion with an application for permit to construct a pool, or any teration, addi- tion or remodeling ther of shall comply with the following req rements and in- clude the following pI ns and informa- tion, as well as such ot er data as may be reasonably requested y the building offi- cial: a. Plans shall be rawn to scale indi- cating all dim nsions, including the length, width and depth of the pool and extent any perimeter patio slab; b. A longitudi al profile plan showing the length depths, slopes, radii of curvature, thickness of slab, steel reinforcin size and spacing, and con- crete cov r; c. Pipe dia am showing material type, schedul and sizes of all pipes, in- lets, ou ets, make-up waterlines, vac- uum li es, waste and drainage lines, circul tion and other piping (includ- ing valves and valve types); d. The' quid capacity of the pool; e. Li . d capacity of any wading pool; f. T kind, number and size of filters, in luding the square footage of the fi er area in each unit; g. p capacity of filters in gallons per minute; 382