HomeMy WebLinkAbout2010 09 01 Public Hearings 501 Ordinance 2010-08 Amending the Code to Allow Accessory Dwelling Units as Conditional Use PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
ITEM 501 Information
Public Hearing X
Regular
September 1, 2010
Meeting
REQUEST: The Community Development Department —Planning Division requests the Planning &
Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2010 -08, amending the Code
to allow Accessory Dwelling Units (ADUs) as a Conditional Use in single family zoning districts
subject to certain criteria.
SYNOPSIS: The Comprehensive Plan in Future Land Use Element Policy 1.1.6; and Housing
Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7, directs that Accessory Dwelling Units (ADUs) may be
allowed as a conditional use in single family dwelling zoning districts, subject to strict design
compatibility standards. This ordinance provides the enabling language and criteria for the allowance of
ADUs.
CONSIDERATIONS:
APPLICABLE LAW. PUBLIC POLICY. AND EVENTS
Section 2 (b). Article VIII, of the State Constitution.
Sec. 163.3194. Florida Statutes - Legal Status of Comprehensive Plan
Sec. 163.3201. Florida Statutes - Relationship of Comprehensive Plan in exercise of Land Development
Regulatory Authority_
Sec. 166.041. Florida Statutes - Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances. Chapter 20.
Winter Springs Comprehensive Plan- The Comprehensive Plan directs that ADUs may be allowed as a
conditional use (subject to strict design compatibility guidelines), within single family dwelling zoning
districts. [See Future Land Use Element Policy 1.1.6; and Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and
2.4.7.]
BACKGROUND DATA
Increasingly, the City is having inquiries from individuals who wish to expand their residence to
accommodate an elderly relative. Accessory Dwelling Units (referred to as ADUs), provide an
economical, semi- independent living housing solution for an elderly relative or other individual, without
the investment in additional land or public infrastructure.
An ADU is an additional, self - contained dwelling on the same lot or parcel as an existing residence. It
may be built within a pre- existing structure but sometimes is an addition to the structure or is a separate
S '
September 1, 2010
PUBLIC HEARING AGENDA ITEM 501
Page 2
stand alone structure. ADUs require no additional land or governmental funding. Because they use
existing infrastructure (e.g., water, sewer, utilities, landscaping), they are cheaper to build than ordinary
housing, but increase a property owner's investment and future retum.
Currently the code will allow expansion of the principal structure, but will not allow that expansion to
include independent living facilities, most notably a kitchen.
This amendment will allow for a second independent dwelling unit, which is ancillary to the principal
structure, to be placed on the lot or parcel, subject to the identified criteria and scrutiny of the
conditional use process.
The criteria includes size, placement on the lot or parcel, height, and architectural compatibility. The
ADU is subject to the same setback requirements as the principal dwelling.
ADUs are true life -cycle housing, supporting flexibility and family stability over time. The extra
income from secondary units can help make mortgage payments possible for new homeowners. It can
give housing to childcare or in -home health care workers. It can supply extra income when the
economic shifts of divorce, untimely death, or illness intervene. And an ADU can offer safe, semi
independent, and inexpensive housing for elderly or disabled relatives, as well as returning adult
children. Currently, ADUs are not allowed anywhere in the City except in the Town Center.
Allowing homeowners to add an ADU to their property is one of the most promising strategies the City
has for increasing the geographic dispersal and supply of transitional independent housing within the
City. The design compatibility standards associated with the granting of a conditional use permit will
assure that the appearance and quality of an existing neighborhood is not negatively impacted.
As with all conditional use approvals, if a building permit has not been issued within two years, it
becomes null and void.
SUMMARY OF PROPOSED CODE CHANGES
1. A definition for Accessory Dwelling Units has been added to the Zoning Code (Sec. 20 -1).
2. Accessory dwelling units have been added as a Conditional Use within single family dwelling
districts as directed by the Comprehensive Plan. Accessory dwelling units have been added as a
Conditional Use in Chapter 20 under the R C1; R -1AAA, R -1AA; R -1A; R -1; R -3; and PUD
zoning districts. ADUs are already allowed as a permitted use in the Town Center and therefore
are not subject to these requirements.
3. The ADU will be required to replicate the design of the principal dwelling by use of similar
exterior wall materials, window types, door and window trims, roofing materials and roof pitch.
The design is subject to the Minimum Community Appearance and Aesthetic Review Standards
to ensure residential compatibility and harmony (see Sec. 9 -600 et. seq.).
4. In addition to these design compatibility guidelines already included in the Code, specific
criteria pertaining to Accessory Dwelling Units has been added to Chapter 6. Buildings and
Building Regulations (Sec. 6 -88). These include:
a. An ADU can only be added if a single family dwelling currently exists or if it will be
constructed in conjunction with the ADU.
b. The property owner must occupy either the principal structure or the ADU.
September 1, 2010
PUBLIC HEARING AGENDA ITEM 501
Page 3
c. Only one ADU will be allowed per lot or parcel.
d. The ADU has to meet the front, side and rear yard regulations and building height
regulations for the zoning district in which it is located.
e. A minimum of one (1) parking space shall be provided on -site for the ADU, in addition
to the required off-street parking regulations for the principal residence.
f. The ADU cannot be sold as a separate property. For this reason, the ADU is not to be
metered separately from the principal dwelling.
g. A minimum lot size of 5000 SF will be required.
h. The minimum size for an ADU will be 400 SF; however, the ADU cannot be more than
40 percent of the principal residence or 800 square feet, whichever is less. .
i. Privacy and screening of adjacent properties will be of the utmost importance in the
orientation of the ADU.
5. Accessory Dwelling Units will be exempted from impact fees and additional stormwater fees in
order to encourage property owners to pursue investing in an ADU (see Housing Element Policy
1.3.13).
6. The approval of an ADU will be subject to the Conditional Use process described in Sec. 20 -33.
The conditional use /aesthetic review approval will include a Public Hearing which will be
noticed to all property owners within one hundred fifty (150) feet of the subject property
requesting the ADU. An ADU will not be approved, if prohibited by the declarations,
covenants, conditions and restrictions of a homeowner' s association. The City Commission may
impose reasonable conditions to the extent deemed necessary and relevant to ensure compliance
with applicable criteria and other applicable provisions of the City Code and Comprehensive
Plan (see Sec. 20 -27).
7. Before obtaining a building permit for an accessory dwelling unit with a conditional use
approval, the property owner shall file with the county recorder a declaration of restrictions
containing a reference to the deed under which the property was acquired by the present owner
and stating that:
a. The ADU shall not be sold separately.
b. The ADU is restricted to the approved size.
c. The use permit for the ADU shall be in effect only so long as either the principal
residence, or the ADU, is occupied by the owner of record as the principal residence.
d. The above declarations are binding upon any successor in ownership of the property;
lack of compliance shall be cause for code enforcement and/or revoking the conditional
use permit.
e. The deed restrictions shall lapse upon removal of the accessory unit.
FISCAL IMPACT:
Improvements that are installed on existing residential properties typically result in an increase to the
taxable value of the property. In this case, the value lies primarily in the property owner upgrading his
investment.
September 1, 2010
PUBLIC HEARING AGENDA ITEM 501
Page 4
COMMTJNICATION EFFORTS:
Agenda Items are posted in City Hall and posted on City's Website. Additionally:
Aug. 22, 2010 - Public Noticing in the Orlando Sentinel of Local Planning Agency Public Hearing
Sept. 1, 2010- Public Hearing before the Local Planning Agency
Tentative Implementation Schedule:
TBD- 1st Reading of Ordinance 2010 -08 before the City Commission
TBD- Public Noticing in Orlando Sentinel (10 days prior to Adoption)
TBD- 2nd Reading/Adoption of Ordinance 2010 -08
STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Board hold a Public Hearing for Ordinance 2010 -08, and
consider how to proceed with their recommendation to the City Commission.
ATTACHMENTS:
A- Noticing in Orlando Sentinel
B- Ordinance 2010 -08
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ATTACHMENT B
ORDINANCE NO. 2010 -08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20, ZONING, OF THE CODE OF ORDINANCES
TO AUTHORIZE ACCESSORY DWELLING UNITS AS A
CONDITIONAL USE IN THE R 1AAA SINGLE - FAMILY
DWELLING DISTRICT, THE R-CI SINGLE - FAMILY
DWELLING DISTRICT, THE R -1AA & R -1A ONE-FAMILY
DWELLING DISTRICT; AND THE R-1 ONE - FAMILY
DWELLING DISTRICT, SUBJECT TO CERTAIN
REQUIREMENTS; 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 Comprehensive Plan in Future Land Use Element Policy 1.1.6; and
Housing Element Policies 1.3.9, 1.3.13, 1.4.6, and 2.4.7, directs that Accessory Dwelling Units may
be allowed as a conditional use in single family dwelling zoning districts; and
WHEREAS, Accessory Dwelling Units can be a way to value our seniors by providing
additional opportunity for them to "age in place" and to maintain their dignity, security and
independence within the City of Winter Springs; and
WHEREAS, the City's population of elderly residents is projected to increase; and
WHEREAS, the Florida Legislature has found that it serves an important public purpose to
encourage the permitting of accessory dwelling units in single - family residential areas; and
WHEREAS, the need for affordable housing can affect people of all ages including the
elderly; and
WHEREAS, Accessory Dwelling Units can be a way to discourage the concentration of
affordable housing by allowing units which meet the locally recognized values of community
appearance and design, to be absorbed and integrated into the fabric of existing neighborhoods; and
WHEREAS, Accessory Dwelling Units can be a way for homeowners to supplement their
income during a time of economic hardship, reducing the likelihood of foreclosure; and
WHEREAS, section 9 -607 of the City Code, describes the requirements for residential
compatibility and harmony regulations; and
WHEREAS, the City prohibits additions, modifications and expansions of structures and
buildings that are incompatible and not in harmony with the subject property and the surrounding
City of winter Springs
Ordinance No. 2010 -08
Page 1 of 12
neighborhood; and
WHEREAS, the City requires that the aesthetic and architectural details of a residential
project are compatible with the surrounding area and serve to enhance the character of that area; and
WHEREAS, the City has previously defined that compatibility and harmony shall be
determined based on a review of the setting, landscaping, proportions, materials, colors, texture,
scale, unity, balance, rhythm, contrast and simplicity of the proposed addition, modification or
expansion; and
WHEREAS, section 20 -33(d) of the City Code, describes the criteria for analyzing a
conditional use request; and
WHEREAS, section 20 -26 et seq. of the City Code, describes the process for review of a
conditional use request and section 20 -33(d) describes the criteria for analyzing a conditional use
request; 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. Code Amendment. The City of Winter Springs Code, Chapter 6, Buildings
and Building Regulations, 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. It is intended that the text in Chapter 6 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
* **
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 storage buildings, toolhouses, private, detached
garages, bathhouses (used in conjunction with swimming pool) and similar uses. No more
than two (2) accessory buildings shall be allowed on any single lot. A...,caSuty bnildiuga Tall
City of winter Springs
Ordinance No. 2010-08
Page 2 of 12
• • • • .A '1 - • •I.• I , •' • • r 1 • . I , • �.1 �'• . • • • .1 .•• • 1 1 1 .A
•1 • 11.1 1 • • • • • .II •• . . a ••• 1 1 . " 1 .1 • • �• 1 •1 • A
•1 . . • 1 • .1 •11 1 • . •
• 1111 • • • 1 A • • 1 • Accessory dwelling units
(ADUs) shall be subject to section 6 -88 of this Code and are not subject to the provisions of
this section.
(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 shall be
two hundred forty (240) square feet. Notwithstanding the restrictions set forth in this
subsection, detached, private garages may exceed twelve (12) feet in height without city
commission approval provided the city manager or designee thereof determines that each
criteria in subsection (f)(3) herein is satisfied. Further, detached, private garages may exceed
two hundred forty (240) square feet, but in no case shall exceed one -third (1/3) of the air -
conditioned square footage area of the in u.., ;pk. principal structure.
(e) Setbackrequirements. When an accessory building is attached to aprincipal structure
by a breezeway, passage or otherwise, it shall become a part of the principal structure and
shall be subject to the required setbacks of the principal structure.
* **
(5) Detached, private garages which exceed twelve (12) feet in height or two
hundred forty (240) square feet in area must meet the setbacks of the applicable
zoning district for the principle principal structure.
* **
Sec. 6-88. Accessory dwelling units. Reserved:
Accessory dwelling units (ADUs) must conform to the following standards:
Zoning District. A property owner may request a Conditional Use approval to allow
one (1) accessory dwelling unit in any of the following zoning districts:
R -1AAA Single - Family Dwelling District
R -CI Single - Family Dwelling District
R -1AA & R -1A One - Family Dwelling District
R -1 One - Family Dwelling District
R -3 Multiple Family Dwelling District
Planned Unit Development District
k) Existing Development on Lot. A single- family dwelling shall exist on the lot or will
be constructed in conjunction with the ADU.
Location. The ADU may be attached or detached from the principal dwelling.
u Owner occupancy required The property owner shall occupy either the principal
structure or the ADU. Prior to the issuance of a building permit for construction of an ADU,
City of Winter Springs
Ordinance No. 2010-08
Page 3 of 12
an applicant shall provide proof of homestead exemption status that establishes ownership
and residence on the property unless building penmrts for both units are being applied for
together. in which case an Affidavit must be submitted stating the property owner intends to
reside on the lot. In addition, all applicants must submit proof that a signed Affidavit stating
the property will not be sold separately has been recorded in the real property records. If the
owner of a residence with an ADU does not maintain homestead exemption of the property,
kitchen and other facilities for the separate residence shall be removed from the unit.
lel Number of ADUs Per Lot or Parcel. Only one ADU shall be allowed for each lot or
parcel.
(fl Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning
district in which it is located.
(g), Building Height and Stories. The ADU shall meet the building height regulations for
the zoning district in which it is located.
1(�i Lot Coverage. The sum of the principal dwelling and the ADU shall meet the lot
coverage regulations for the zoning district in which they are located.
(1 Parking and Access. A minimum of one (1) parking space shall be provided on -site
for the ADU, in addition to the required off-street parking regulations for the principal
residence. The ADU shall be served by the same driveway as the principal dwelling_
(ja Water and Wastewater Services. An ADU is required to connect to the central water
and sewer system of the principal residence where available, and shall not have separate
metered services. Where central water and sewer service is not available. the septic system
and well shall meet the capacity requirements.
) Other Code Requirements. The ADU shall comply with all applicable building
codes.
a Lot Size Minimum. A minimum lot size of 5.000 square feet is required.
(m) Unit Size. The living area of the ADU shall be a maximum of 40 percent of the
vrincipal residence or 800 square feet, whichever is less. However. the ADU shall be no less
than 400 square feet of conditioned area. ADUs that utilize alternative green construction
methods that cause the exterior wall thickness to be greater than normal shall have the unit
square footage size measured similar to the interior square footage of a traditional frame
house.
(n), Design. The ADU shall replicate the design of the principal dwelling by use of
similar exterior wall materials. window types, door and window trims. roofmg materials and
roof pitch. The design is subject to the Minimum Community Appearance and Aesthetic
Review Standards to ensure residential compatibility and harmony (see Sec. 9 -600 et. seq.).
(9.1 Privacy. Privacy and screening of adjacent properties is of utmost importance in the
orientation of the ADU. Entrance and windows of the ADU shall face the interior of the lot
and/or public street as much as possible. Windows which do face the adjoining property
City of Winter Springs
Ordinance No. 2010-08
Page 4 of 12
shall be designed to protect the privacy of neighbors. Landscaping shall be used to further
provide for the privacy and screening of adjacent properties.
£• Expiration. As with all conditional use approvals, if a building permit has not been
issued within two (2) years, the approval becomes null and void (see Sec. 20 -36).
fal Approval Process. The conditional use /aesthetic review auproval of an ADU is
subject to a Public Hearing. A notice will be sent to all property owners within one hundred
fifty (150) feet of the subject property of the request for the ADU. An ADU will not be
approved. if prohibited by the declarations, covenants, conditions and restrictions of a
homeowner's association. The City Commission may impose reasonable conditions to the
extent deemed necessary and relevant to ensure compliance with applicable criteria and other
applicable provisions of the city code and comprehensive plan (see Sec. 20 -27 and Sec. 20-
33).
Secs. 6-895 — 6 -100. Reserved.
Section 3. Code Amendment. The City of Winter Springs Code, Chapter 9, Land
Development, is hereby amended as follows: (underlined type indicates additions and ati ikwat type
indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in
Chapter 9. It is intended that the text in Chapter 9 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 9. LAND DEVELOPMENT
* **
ARTICLE VIII. IMPACT FEES
* **
DIVISION 3. POLICE, FIRE, PUBLIC BUILDINGS AND PARKS AND RECREATION
* **
Sec. 9- 391.2. Definitions.
Unless otherwise specified herein, the defmitions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development Code.
* **
(g) Residential: Includes single- family dwellings, multifamily dwelling units, and mobile
h ome , • - • • • • ' .1 A , . - . • . . .1 . . .1
Sec. 9- 391.3. Applicability and exemptions.
(a) This division shall apply to all new construction within the city limits except the
City of winter Springs
Ordinance No. 2010-08
Page 5 of 12
following:
(1) Expansion of a residential dwelling unit i.ul cu,t,lLA or the creation
of an accessory dwelling unit on the same parcel as the primary dwelling; and
Section 4. Code Amendment. The City of Winter Springs Code, Chapter 19, Utilities,
is hereby amended as follows: (underlined type indicates additions and striLuat type indicates
deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Chapter
19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 19. UTILITIES
* **
ARTICLE V. STORMWATER MANAGEMENT UTILITY
* **
Sec. 19 -162. Definitions.
For purposes of this article, the following definitions shall apply; words used in the singular
shall include the plural, and the plural, the singular; words used in the present tense shall include the
future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive.
Words not defined herein shall be construed to have the meaning given by common and ordinary use.
* **
Equivalent residential unit (ERU) shall mean the statistical average impervious area of
residential developed property per principal dwelling unit within the city. The numerical value of
one (1) ERU shall be an impervious area that shall be adopted by the city commission in the rate
resolution.
* **
Sec. 19 -164. Schedule of rates.
(a) The stormwater management utility fee shall be adopted from time to time by
ordinance of the City Commission (the "rate ordinance "), and shall be calculated for each
developed property as follows:
(1) The fee for residential developed property is the rate for one (1) ERU
multiplied by the number of principal dwelling units existing on the property.
Accessory dwelling units shall not be included in this calculation. That is, Fee =
ERU x number of principal Dwelling Units.
* **
City of winter Springs
Ordinance No. 2010-08
Page 6 of 12
Section 5. Code Amendment. The City of Winter Springs Code, Chapter 20, Zoning,
is hereby amended as follows: (underlined type indicates additions and Jt• ikwul type indicates
deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Chapter
20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 20. ZONING
ARTICLE I. IN GENERAL
Sec. 20 -1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Accessory. The term applied to a building or use which is clearly incidental or subordinate
to and customary in connection with the principal building or use and which is located on the same
lot or parcel with such principal building or use.
Accessory building. A building which is clearly incidental or subordinate to and customarily
utilized adjacent to and in connection with a principal building located on the same lot. Accessory
buildings may include a detached garage. shed. gazebo, storage building, cabana or bathhouse (used
in conjunction with a swimming pool). or similar use. When an accessory building is attached to
a principal structure by a breezeway. passage or otherwise. it shall become a part of the principal
structure and shall be subject to the required setbacks of the principal structure. (Also see Sec. 6-
84. Accessory buildings.)
Accessory dwelling unit (ADU). An ancillary or secondary dwelling unit that is clearly
subordinate to the principal dwelling. which has a separate egress/ingress independent from the
principal dwelling. and which provides complete independent living facilities for one or more
persons and which includes provisions for living, sleeping. eating. cooking, and sanitation. The
ADU is located on the same parcel as the principal dwelling and shall be subject to the required
setbacks of the principal structure. The ADU may be either attached to or detached from the
principal dwelling. (Also see section 6 -88. Accessory Dwelling Units).
* **
D U,In'UIuW u, t - U • • • • • .. • : i • . • • • n • • • • • . -1 •
.1 • • 1 • .1. • . . • . • . 1 • • . , • 1 • • ■ • • 1 • 1 1 • 1
of •iiitrlc.tio hviug aL. uuuuuJlatiuu5 fui &MG (1) faaiillq.
* * *
Garage apartment. - • . • . .. • • • _ • i 1: . • • • .1 •
.. • ' J • • • • • • • 1 .1 .
faluily.See Accessory dwelling unit.
G uest cottage. ' •' _ • •••, 1 ••' • ,, . • .. • • . • ..' .' . • 1 • • . .1
City of Winter Springs
Ordinance No. 2010-08
Page 7 of 12
• • • .1 • .1 • .A ■ • • •1 • 1 • :, • • • • • • • • • •
• :1 n, . • • .1 1 • • 1 •
See Accessory dwelling unit.
* **
Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter,
including a principal building together with its accessory buildings, the yard areas and parking spaces
required by this chapter and having its principal frontage upon a publicly owned street and publicly
maintained streets or upon an approved place. Wl t... a bi<. •,.,..n t ;. L,.... a lut shall
n
• • •i • •■ • • • • I • n ■ , • • • in • 1 • ■ - • n - • • •• • n
* * *
Principal building The building or structure of chief importance or function on a zoning
arcel or lot. In l eneral the . rim . use of the zonin ! lot is carried out in the . rinci . al buildin
* **
ARTICLE II. ADMINISTRATION
DIVISION 1. PROCEDURE; LAND USE DECISIONS
* **
Sec. 20 -33. Conditional uses.
* **
fie In addition. the granting of a conditional use for an accessory dwelling unit (ADU)
shall be subject to the criteria included in Section 6 -88.
* **
ARTICLE III. ESTABLISHMENT OF DISTRICTS
DIVISION 1. GENERALLY
* **
Sec. 20 -103. Restrictions upon lands, buildings and structures.
* **
(d) Density of population. No building, structure or premises shall be erected or
occupied or used so as to provide a greater density of population than is allowed under the
terms of the sections of this chapter for the district in which such building, structure or
premises is located. However. accessory dwelling units in single family zoning districts are
exempted from inclusion in the density calculation and may be conditionally permitted in a
zoning district as a valid single family use. subject to criteria set forth in section 6 -88.
City of winter Springs
Ordinance No. 2010-08
Page 8 of 12
•
(f) Required lot and occupancy. Every building or structure hereafter erected shall be
located on a lot or tract of land as defined herein; and in no case shall there be more than one
(1) building on one (1) lot except that single family zoning districts may include as a
conditional use. one (1) accessory dwelling unit attached or detached per principal dwelling
or as hereinafter provided.
* **
DIVISION 2. R -1AAA SINGLE - FAMILY DWELLING DISTRICTS
* **
Sec. 20 -123. Conditional uses.
There shall be no conditional uses within the R 1AAA Single - Family Dwelling Districts,
except the following:
W. One (1) accessory dwelling unit ancillary to the principal dwelling.
(2l) Churches;
(22) Schools;
(43) Public recreational areas and facilities.
* **
Sec. 20 -125. Building area regulations.
Ea.,1, The principal single - family dwelling shall be located on a lot or parcel of land not less
than twenty thousand (20,000) square feet and such lot or parcel of land shall have a minimum width
of one hundred (100) feet at the building line.
* **
DIVISION 3. R -CI SINGLE - FAMILY DWELLING DISTRICT
* **
Sec. 20 -143. Conditional uses.
There shall be no conditional uses within the R -CI Single - Family Dwelling Districts, except
the following:
fla One (1) accessory dwelling unit ancillary to the principal dwelling;
`2 +) Churches;
City of Winter Springs
Ordinance No. 2010-08
Page 9 of 12
(12) Schools;
(3) Public recreational areas and facilities.
* **
Sec. 20 -145. Building area regulations.
laelt The principal single - family dwelling shall be located on a lot or parcel of land not less
than one (1) acre in size and such lot or parcel of land shall have a minimum width of one hundred
twenty (120) feet at the building line.
* **
DIVISION 4. R-1AA AND R -1A ONE - FAMILY DWELLING DISTRICTS
* **
Sec. 20 -163. Conditional uses.
(a) There shall be no conditional use within R -1AA and R -1A One - Family Dwelling
Districts except the following:
GI One (1) accessory dwelling unit ancillary to the principal dwelling;
(2 +) Churches with their attendant educational buildings and recreational
facilities:;
(32) Public utility and service structures:;
(43) Schools:;
X54) Public recreational areas and facilities:;
(65) Stadiums, independently or in conjunction with existing school facilities,
provided the seating capacity shall not exceed the student enrollment of the school
to be served plus ten (10) percent, and provided there shall be no lights or night use.
(b) Any review of an application or plan shall consider the character of the
neighborhood in which the proposed use is to be located and its effects on the
value of surrounding lands, and further, the area of the site as it relates
particularly to the required open spaces and off-street parking facilities.
(c) Any conditional use that may be granted is limited to the use and
intensity shown in the application and plans submitted, and application must
receive approval in the same manner as the original application.
* **
Sec. 20 -165. Building area regulations.
City of winter Springs
Ordinance No. 2010-08
Page 10 of 12
Emit The principal single - family dwelling shall be located on a lot or parcel of land having
an area of not less than ten thousand (10,000) square feet in an R -1AA Single- Family Dwelling
District and eight thousand (8,000) square feet in an R -1A Single - Family Dwelling District and such
lots or parcels of land shall have a minimum width of ninety (90) feet and seventy -five (75) feet,
respectively, at the building line.
* **
ARTICLE IV. PLANNED UNIT DEVELOPMENTS
* **
DIVISION 2. PART A. PLANNED UNIT DEVELOPMENT
* **
Sec. 20 -360. Control of development following approval after construction completed.
* **
(b) After completion of construction of the area covered by a final development plan, no
changes may be made except under the procedures provided below:
* **
(4) One (1) accessory dwelling unit ancillary to the principal dwelling may be
allowed by conditional use. unless prohibited by the declarations. covenants,
conditions and restrictions of the homeowner's association.
* **
DIVISION 3. PART B. PLANNED UNIT DEVELOPMENT
* **
Sec. 20 -387. Control of development following approval after construction completed.
* **
(b) After completion of construction of the area covered by a final subdivision plan, no
changes may be made except under the procedures provided below:
* **
(4) One (1) accessory dwelling unit ancillary to the principal dwelling may be
allowed by conditional use. unless prohibited by the declarations. covenants,
conditions and restrictions of the homeowner's association.
* **
City of Winter Springs
Ordinance No. 2010 -08
Page 11 of 12
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. 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 8. 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 9. 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 , 2010.
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 Legal Ad Published:
First Reading:
Second Legal Ad Published:
Effective Date:
City of winter Springs
Ordinance No. 2010-08
Page 12 of 12