HomeMy WebLinkAbout2002 06 10 Public Hearing G First Reading - Ordinance 2002-14 Accessory Buildings and Detached Garages
COMMISSION AGENDA,
Consent
ITEM G Tnfonnatiunal
Public Hearing X
Regular
June J O. 2002
Meeting
Mgr / Att. / Dept.
REQUEST:
The City Manager and City Attorney request that the City Commission consider First Reading of
Ordinance 2002-14 to amend Section 6-84 of the Winter Springs Code regarding accessory buildings
and detached garages.
PURPOSE:
The purpose of Ordinance 2002-14 is to amend Section 6-84 of the Winter Springs Code to clarify
current provisions regarding accessory buildings and to establish new regulations regarding detached
accessory garages.
APPLICADLE LAW AND PUBLIC POLICY:
The Florida Municipal Home Rule Powers Act.
2 Section 166.041(3), Florida Statutes, authorizes a city to adopt ordinances which change the
actual list of permitted, conditional, and prohibited uses within a zoning category.
3. Chapter 20, Zoning. Winter Springs Code.
4, The United States Supreme Court has held that comprehensive zoning may be accomplished
as a valid exercise of a state's police power. VillaRe of Euclid v. Ambler Realty (.0,. 272
V.S 365 (1926)
Page I of J
.CONSIDERA TlONS:
I. The current application of Section tJ-R4 has caused some confusion regarding the intent and
purpose of requiring certain accessory buildings to be attached by a "breezeway, passage or
otherwise" in order to be considered part of the principal structure and not an accessory
building.
2 This provision has caused developers to attach detached garages and carports to principal
structures by a "breezeway, passage Of otherwise" for no other reason but to get around the
240 square footage limitation for accessory buildings. This deflcs common sense jf a lot is
of sufficient size to reasonably support a detached accessory garage without causing ad verse
consequences (\n surrounding properties.
J .Further, in studying Section 6-84, it has become clear that detached garages are not currently
permitted in residential areas, unless attached by a "breezeway, passage or otherwise."
4. On March II, 2002, the City Commission directed staff and the City Attorney to review
Section 6-84 and advise the City Commission on whether amendments to Section 6-84 are
needed and to determine under what circumstances detached garages would be an acceptable
use especially within a residential zoning district.
5. On March 13, 2002, the City Manager directed starr to obtain a Slalemt:llt of natiunal pulicy
trends affecting accessory buildings and structures from the Planning Advisory Service (P AS),
a subscription-based subsidiary of the American Planning Association which provides
planning information Lo member cities and counties.
6. After reviewing Section 6-84 and the information received from PAS, the staff recommends
Lhat Section 6-84 be amended to generally achieve two primary objectives.
(i) Amend Section 6-84 to clarify the definition of accessory building to exclude detached
garages and to clarify when an accessory building shall be considered part of the.
principal structure; and
(ii) Establish specific regulations for detached accessory garages, especially on lots zoned
single family residential.
7. On May 1,2002, the Planning and Zoning Board recommended approval ufOrdinance 2002-
14
8. On May 13, 2002, the City Commission deferred first Reading and requested the staff to
reexamine several provisions of the draft ordinance. The City Manger's comments are
attached for the Commission's consideration.
Page 2 of 3
STAFF RECOMMENDA TWN:
The City Manager and City Attorney recommend that the City Commission consider approving
Ordinance 2002-14 at rirst Reading
ATTACHMENT:
Ordinance 2002-14
City Managcr's Letter
COMMISSION ACTION:
I. On April 22, 2002, the City Commission referred Ordinance 2002-14 to the Planning and
Zoning Board.
2. On May 13, 2002, the City Commission deferred First Reading so certain provisions could
be reexamined.
Page 3 of )
ORDINANCE NO. 2002-14
AN ORDINANCE OF THE ([IT COMMISsrON OF THE
CITY OF WiNTER SPRINGS, FLORIDA, AMENDING
SECTION 6-84, WINTER SPRINGS CODE REGARDING
ACCESSORY BUILDINGS; ESTABLISHlNG REGULA nONS
FOR DETACHED ACCESSORY GARAGES; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDlNANCES AND RESOLUTIONS; PROVrDING FOR
lNCORPORA nON INTO TaE CODE; PROVIDING FOR
SEVERABTLITY; AND PROVIDING FOR AN EF:FECTIVE
DATE.
WHEREAS, the City Commission of the City of Winter Springs desires to clarify Section 6-
84 of the Winter Springs Code; Jnd
WHEREAS, the City Commission finds that the current Winter Springs Code under-re!:,'Ulates
detached garages; and
WHEREAS, the City Commission recognizes that detached garages and accessory buildings
provide an enclosed private space to conduct many activities that are annoying if conducted inside
a dwelling or a principal building; and
WHEREAS, these activities can be annoying to neighbors ifconducted excessively, creating
nuisance odor!;, noise and a visual eyesore; and
WHEREAS, the proliferation of accessory buildings and detached garages; especially within
residential areas, also could allribute to visual blight, interfere with the use of adjoining properties,
and adversely affect the property values of the neighborhood if such structures are left unregulated;
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.
rAte I ur 6
NOW, THEREFORE. THE CITY COMMISSION OF TIT!': CITY OF WT.NTER
SPRINGS HEREBY ORDAlNS, AS FOLLOWS:
Section 1.
Recitals,
The foregoing recitals arc hereby incorporated herein by this
reference
Section 2,
Code Amendment. The City of Winter Springs Code, Section 6-84 is
hereby amended as follows: (underlined lype indicates additions and strikeout type indicates
deletions).
Sec. 6-84, Accessory buildings and detache<lgarllges.
(a) General. Accessory building means an enclosed 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 storage buildings, toolhouses, party houses, bathhouses (used in conjunction
with swimming pool) and similar trSeS enclosed structures, exc.luding detached accessory garages
which are specificallv reRUlated under subsection (f) of this Section. No more than two (2) accessory
buildings shall be allowed on any single lot. Accessory buildings shall not be used as living quaners,
(b) Height and size restrictions. The maximum height of an accessory building shall be twelve (12)
feet measured from ground level. The maximum size of any ;)t. uGttll e accessory building shall be two
hundred forty (240) square feer.
(c) Location, All accessory buildings shall be located to the rear of the existing buildings line of
the principal huilding:. which shall be a line runninl?; along the frontmost edge ofrhe principal building
City of Winlcr Spring~
Ordinance No. 2001-14
r '/:< 2 of 6
.and extcndin~ on either side orlhe nrincipal building to the OtHer boundaries of the property. ,.
(d) Permits;\ building permit shall be required befofe construction or placement can take place.
No accessory building shall be pcnniltcd prior 10 construction of the principal building.
(e) Setback requirements When an accessory building is attached to a principal structure by a
breezeway, ptJ~:H13L 01 olbe, \'Vise, common load bearing wall, or <;;ommon roof. it shall become a part
of the principal structure and shall be subject to the required setbacks and other requirements
applicable ~D of the principal structure, Otherwise, the following setback requirements shall apply:
(1) Corner setback--On all corner lots the minimum open sidcyard setback shall be that
of the principal building.
(2) Rear yard setback--Shall be a minimum of six (6) feet.
(3) Side yard setback--Shall be that of the lot on which the building is to be located
(4) Easements-- [f an easement exists along the houndary of on the lot where the
accessory building is to be located and the width of that easement is greater than that the
setback addressed above, then the interior easement sTzc :.lta.ll Pi c.va.;! boundary shall
constitute the required minimum setback except as provided in this subsection (e). No
accessory building shaH be constructed or placed on an easement. unless the easement
expressly permits th~ aycessory building to bl: constructed or placed on the easement property
and the required setbacks set forth herein are satisfied,
ill Detached accessory garages. For purposes of this subsection (0, the word "detached" shall
mean the accessory garage is not under the same roof as, and does not share a CDmmon load beQ.ring
wall with, the principal structure. A maximum of one (I) detached ilccesSory garage shall be
Cicy of Winh.T Spring:!
Orrlil1MCC No. 2(1(12-14
Pace) ur6
permitted as a conditional use provided the city commission finds the following requirements are
satisfied at a public hearing:
(1'1 The detached gara~e shall be compatible with and snail not adversely aWed th~
surrounding neighborhood or adiacent properties:
(2) On lots zoned residential. the use of the detached garage shall be limited to the parking
of motor vehicles and other uses customarily associated with a sinl(le family residence. and
related to [he principal structure, such as the keeping of recreational and lawn eql,lipment
The detached garage shall not be used as living quarters~
(3) The detached garage shaH be an acce.c;sarv structure to a principal building:
(4) The lot on which the detached garage will be located shall be a minimum of 20,000
square feet:
(5) The size of the detached garaJ.!e shall nat exceed fifty percent (50%) of The square
footage of the first floor of the principal building;
(6) The detached garage shall be architecturally similar in desip;n [0 the principal building
including. but not limited to, building: materials and roof line;
(7) The height of the detached garaRe shall not exceed the heiRht of the principal building or
[jfl.een f~et (15 ft), whichever is less:
(8) The detached garage shall be located to the rear of the front building line of the principal
building, which shall be a line running alon~ the frontmo~ ed~e of the principal building and
extending on either side of the principal buildinR to the outer boundaries of the property:
City of Winter Springl
OrditUll\ce No. 2002-14
r.~4or6
(9) The detached garage shall meet all setback and lTJiLx.irnum lot coverage requirements (if
~Iicable zorunfujislricl:
(10) No more than one (I) accessory building shojI be allowed on a I(lt on which exists a
detaGhcd j:?,aragc: and
( 11) A building permit shall be required upon approval of it conditional use permit by the city
commlSSlOn No detached garaRe shall be oermitted Drior to construction of the princ;ipal
building.
Section 3.
Repeal of Prior rnconsistent Ordinances and Resolutions. AJI prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in contlict hcrewith, 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 coun of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, dislinct and independent provision, and such holding shall not affect the validity
of the remaining portions of this ordinance.
Section 6,
Effectiye Dare. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
City of Winter Spring!;
OrtliCUlllce No. 2002-14
P1et 5 or Ii
ADO PTED by the City Commission of the City of Wimer Splings, Florida, in a regular
meeting assembled on the _ day of
,2002.
PAUL P. PARTYKA
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 Wi Iller Springs
Ordinance No. 2002-14
"Q~ 6 of 6
CITY OF WINTER SPRINGS, FLORIDA
Ronald W. McLemore
City Manager
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
TO:
Mayor and Commission
Ronald W, McLemore, City. Manager r
FROM:
DA TE:
June 5, 2002
SUBJ:
Agenda Item Public Hearing "G" Garages
The Commission specifically requested the staff to make recommendations for amending
provisions of the zoning ordinance related to garages,
On May 13, 2002 the staff presented their recommendations, There were several
comments by the Commission regarding the garage related recommendations, This
discussion also precipitated discussion about accessory buildings in general. These
questions require extensive research and consideration by the Commission that will take
another sixty to ninety days to complete,
Therefore, staff is recommending that the Commission move forward with the proposed
amendments related to garages, and direct staff to report back to the Commission within
sixty days with recommendations regarding accessory buildings,
As it relates to the amendments provided to you on May 13, 2002 staff IS not
recommending any changes other than the clarification of the building line,
Related to garages only, the Commission provided three basic comments as follows:
Comment 1: Commissioner McLeod questioned the conc.ept of requiring a conditional
use permit for approval of a detached garage, and favors allowing people to construct a
detached garage as long as it conforms to set back requirements and other requirements
laid out in the proposed amendments without a conditional use hearing and permit.
Response 1: This is a policy the Commission needs to decide, The zoning ordinance is
designed to protect the character, integrity and value of permitted uses, Thus, "garage
restrictions" are designed to protect the character, integrity, and value of permitted use in
a zone,
Page 1 of3
The question for the Commission to decide is this, Is the possible impact of a detached
garage on adjacent property and property owners potentially serious enough to allow an
expression of public opinion from those who may be effected? Relatedly, most detached
garages are built after neighbors have invested in the purchase of their homes, thus
creating an expectation of the quality and character of their surrounding environment.
Again, is it in the public interest to allow public expression from surrounding neighbors
whose expectations of the quality and character of their environment may be altered
through the construction of a garage on adjacent property?
If the Commission believes that those impacts are so minor that they do not believe that
further public expression is needed, then an appropriate response would be to allow
garages to be built without a conditional use hearing and permit.
On the other hand, if the Commission believes the impact on surrounding neighbors
could be significant or perceived to be eroding neighbor's expectations, then a
conditional use hearing and permit would be an appropriate response,
Comment 2: Commissioner McLeod questioned the necessity of prohibiting construction
of a detached garage prior to construction of the principal use (for example, a house is a
principal use in a single-family zone),
Response 2, The prohibition of the construction of a detached garage or any other type
of accessory use prior to the construction of the principal use is a fundamental element of
zoning that must be protected,
Detached garages are accessory uses, Accessory uses are defined as uses subordinate to
the principal permitted use in a zoning classification. Accessory uses are allowed for the
purpose of complimenting the principal permitted use in that zone, Stated another way,
they compliment the character and integrity of the principal permitted uses in the zone,
and serve to further protect the investment of surrounding property owners and the value
of surrounding property. Anything which allows the accessory use to approach the scale
of the principal use, or that could negatively effect the character and integrity of the
principal permitted uses in the zone, or negatively impact the value of property in a zone
is counter to the very purpose of zoning, For example, in a single family zone, if a
storage building were allowed to even approach the size of the principal permitted use,
(the home) the accessory use would no longer be accessory and thereby change the
fundamental purpose of the zone,
Furthermore, if a garage or other type accessory building were allowed to be built prior to
the construction of the permitted use, it would no longer be subordinate to the principal
permitted use; it would be the principal use of the property, More importantly, it could
result in subdivisions being pockmarked with garages and other from of accessory uses,
with virtually no way to demand construction of the principal use, particularly in the case
ofa foreclosure, or the case where the builder of the accessory use moved away,
Page 2 of3
Furthermore, and most aggregious of all, this creates a situation where an owner of
property could build as accessory building because he doesn't want the intended building
or use at his primary residence, For example, he could put a storage shed, tool shed, or
shop on a parcel he owns in a subdivision because he doesn't want it on the property of
his primary residence,
I have seen many examples of these types abuses of zoning, It is unfair to the residents
of Winter Springs to provide even a crack in the door for these abuses to occur.
Comment 3, Commissioner McLeod inquired as to the reason for limiting the size of the
garage,
Response 3, As stated above, a detached garage is an accessory use to the principal
permitted use, In the case of single family zone the principal use is the house not the
garage. In order to prevent the accessory use, the subordinate use, from negatively
impacting the principal permitted use and thereby eroding the purpose, character, and
integrity of the zone, accessory uses must be kept subordinate in scale to the principal
permitted use,
In review of this matter, it is my concern that the recommended 50% first floor limitation
on the size of the garage is to liberal. I believe the Commission should consider reducing
the size limitation to 25% of the first floor area of the principal use, For example, if you
had a 2,000 square foot home, the 50% rate would allow you to build a 1,000 foot garage,
or a 7 -car garage,
Funding: None Required,
Recommendation:
1, Delay amendments related to accessory uses other than garages for sixty days,
2. Review this memorandum and the revised ordinance and provide staff any direction it
deems appropriate.
3, Consider reducing to size of the garage from 50% of the first floor of the principal use
to 25% of the first floor area of the principal use,
061002 Pubic Hearing G Attachment
Page 3 of3
COMMISSION AGENDA
ITEM H
Consent
Informational
Public Hearing X
Regular
May 13. 2002
Meeting
Al5>t1 ird-L-
.
Mgr. /
Att. /
Dept.
REQUEST:
The City Manager and City Attorney request that the City Commission consider First Reading of
Ordinance 2002-14 to amend Section 6-84 of the Winter Springs Code regarding accessory buildings
and detached garages.
PURPOSE:
The purpose of Ordinance 2002-14 is to amend Section 6-84 of the Winter Springs Code to clarifY
current provisions regarding accessory buildings and to establish new regulations regarding detached
accessory garages, - . ... . _.. .
APPLICABLE LAW AND PUBLIC POLICY:
1. The Florida Municipal Home Rule Powers Act.
2. Section 166,041(3), Florida Statutes, authorizes a city to adopt ordinances which change the
actual list of permitted, conditional, and prohibited uses within a zoning category.
3, Chapter 20, Zoning, Winter Springs Code.
4. The United States Supreme Court has held that comprehensive zoning may be accomplished
as a valid exercise of a state's police power. Village of Euclid v, Ambler Realty Co" 272
Page 1 of 3
o.S.365 (1926).
CONSIDERA TIONS:
1. The current application of Section 6-84 has caused some confusion regarding the intent and
purpose of requiring certain accessory buildings to be attached by a "breezeway, passage or
otherwise" in order to be considered part of the principal structure and not an accessory
building.
2. This provision has caused developers to attach detached garages and carports to principal
structures by a "breezeway, passage or otherwise" for no other reason but to get around the
240 square footage limitation for accessory buildings. This defies common sense if a lot is
of sufficient size to reasonably support a detached accessory garage without causing adverse
consequences on surrounding properties.
3. Further, in studying Section 6-84, it has become clear that detached garages are not currently
permitted in residential areas, unless attached by a "breezeway, passage or otherwise."
4, On March 11, 2002, the City Commission directed staff and the City Attorney to review
Section 6-84 and advise the City Commission on whether amendments to Section 6-84 are
needed and to determine under what circumstances detached garages would be an acceptable
use especially within a residential zoning district.
5. On March 13,2002, the City Manager directed staff to obtain a statement of national policy
trends affecting accessory buildings and structures from the Planning Advisory Service (P AS),
a subscription-based subsidiary of the American Planning Association which provides
planning information to member cities and counties,
6. After reviewing Section 6-84 and the information received from PAS, the staff recommends
that Section 6-84 be amended to generally achieve two primary objectives:
(i) Amend Section 6-84 to clarify the definition of accessory building to exclude detached
garages and to clarify .when an' accessory building. shall be' considered' part of-the - .. - -
principal structure; and
(ii) Establish specific regulations for detached accessory garages, especially on lots zoned
single family residential.
7, On May 1,2002, the Planning and Zoning Board recommended approval of Ordinance 2002-
14.
STAFF RECOMMENDA.TION:
The City Manager and City Attorney recommend that the City Commission consider approving
Ordinance 2002-14 at First Reading,
Page 2 of 3
A TT ACHMENT:
Ordinance 2002-14
COMMISSION ACTION:
On April 22, 2002, the City Commission referred Ordinance 2002-14 to the Planning and Zoning
Board.
Page 3 of 3
ORDINANCE NO. 2002-14
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OJi' WINTER SPRINGS, FLORIDA, AMENDING
SECTION 6-84, WINTER SPRINGS CODlE REGARDING
ACCESSORY BUILDINGS; ESTABLISHlNG REGULA nONS
FOR DETACHED ACCESSORY GARAGES; 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 Commission of the City of Winter Springs desires to clarify Section 6-
84 of the Winter Springs Code; and
WHEREAS, the City Commission finds that the current Winter Springs Code under-regulates
detached garages; and
WHEREAS, the City Commission recognizes that detached garages and accessory buildings
provide an enclosed private space to conduct many activities that are annoying if conducted inside
a dwelling or a principal building; and
WHEREAS, these activities can be annoying to neighbors if conducted excessively, creating
nuisance odors, noise and a visual eyesore; and
WHEREAS, the proliferation of accessorY-buildings and detached garages; especially within
residential areas, also could attribute to visual blight, interfere with the use of adjoining properties,
and adversely affect the property values of the neighborhood if such structures are left unregulated;
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.
Page 1 of 6
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. The City of Winter Springs Code, Section 6-84 is
hereby amended as follows: (underlined type indicates additions and strikeout type indicates
deletions).
Sec. 6-84. Accessory buiUdings and detached garages,
(a) General, Accessory building means an enclosed 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 stora.ge buildings, toolhouses, party houses, bathhouses (used in conjunction
with swimming pool) and similar uses enclosed structures. excluding detached accessory garages
which are specifically regulated under subsection (f) of this Section, No more than two (2) accessory
buildings shall be allowed on any single lot, Accessory buildings shall not be used as living quarters,
(b) Height and size restrictions. The maximum height of an accessory building shall be twelve (12)
feet measured from ground level. The maximum size of any structure accessory building shall be two
hundred forty (240) square feet.
(c) Location, All accessory buildings shall be located to the rear of the existing buildings line of
the principal structure,
City of Winter Springs
Ordinance No. 2002-14
Page 2 of 6
(d) Permits. A building permit shall be required before construction or placement can take place.
No accessory building shall be permitted prior to construction of the principal building,
( e) Setback requirements. When an accessory building is attached to a principal structure by a
breezeway, passage or otherwise, common load bearing wall. or common roof. it shall become a part
of the principal structure and shall be subject to the required setbacks and other requirements
applicable to of the principal structure, Otherwise. the following setback requirements shall apoly:
(1) Comer setback--On all corner lots the minimum open sideyard setback shall be that of the
principal building.
(2) Rear yard setback--Shall be a minimum of six (6) feet.
(3) Side yard setback--Shall be that of the lot on which the building is to be located,
(4) Easements--If an easement exists along the boundary of on the lot where the accessory
building is to be located and the width of that easement is greater than that the setback addressed
above, then the interior easement size shall plevail boundary shall constitute the required minimum
setback except as provided in this subsection (e), No accessory building shall be constructed or placed
on an easement. unless the easement expressly permits the accessory building to be constructed or
placed on the easement property and the required setbacks set forth herein are satisfied.
ill Detached accessory garages. For purposes of this subsection (t). the word "detached" shall
mean the accessory garage is not under the same roof as. and does not share a common load bearing
wall with. the principal structure, A maximum of one (1) detached accessory garage shall be
permitted as a conditional use provided the city commission finds the following requirements are
satisfied at a public hearing:
City of Winter Springs
Ordinance No. 2002-14
Page J of 6
(1) The detached garage shall be compatible with and shall not adverselv affect the
surrounding neighborhood or adiacent properties:
(2) On lots zoned residential. the use of the detached garage shall be limited to the parking
of motor vehicles and other uses customarily associated with a single family residence. and related
to the principal structure. such as the keeping of recreational and lawn equipment. The detached
garage shall not be used as living quarters:
(3) The detached garage shall be an accessory structure to a principal building:
(4) The lot on which the detached garage will be located shall be a minimum of20.000 square
feet
(5) The size of the detached garage shall not exceed fifty percent (50%) of the square footage
of the first floor of the principal building:
(6) The detached garage shall be architecturally similar in design to the principal building
including. but not limited to. building materials and roof line:
(7) The height of the detached garage shall not exceed the height of the principal building or
I
fifteen feet (15 ft). whichever is less:
(8) The detached garage shall be located to the rear of the front building line of the principal
building:
(9) The detached garage shall meet all setback and maximum lot coverage requirements of
the applicable zoning district:
(10) No more than one (1) accessory building shall be allowed on a lot on which exists
a detached garage: and
City of Winter Springs
Ordinance No. 2002-14
Page 4 of 6
(II) A building permit shall be required upon approval of a conditional use permit bv the city
commission, No detached garage shall be permitted prior to construction of the principal building.
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,
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
City of Winter Springs
Ordinance No. 2002-14
Page 5 of 6
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. 2002-14
Page 6 of 6