HomeMy WebLinkAboutOrdinance 2010-08 Accessory Dwelling Units ORDINANCE NO. 2010 -08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA RELATED TO
ACCESSORY DWELLING UNITS ( "ADU'S "); AMENDING
CHAPTER 6 OF THE CITY CODE TO PROVIDE FOR
BUILDING CONSTRUCTION STANDARDS FOR ADU'S;
AMENDING CHAPTER 20 OF THE CITY CODE TO
AUTHORIZE ADU'S AS A CONDITIONAL USE IN THE R-
1AAA, R -C1, R -1AA, R -1A AND PUD ZONING DISTRICTS;
AMENDING DEFINITIONS; MAKING CONFORMING
AMENDMENTS TO CHAPTERS 9 AND 19; 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, provides 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. See
§163.31771, Fla. Stat. (2010); and
WHEREAS, the need for affordable housing can affect people of all ages including the
elderly; and
WHEREAS, the U.S. Department of Housing and Urban Development has found that
accessory dwelling units are an affordable housing option for many low and moderate - income
residents. See HUD, Accessory Dwelling Units: Case Study, June 2008; and
WHEREAS, Accessory Dwelling Units can provide for affordable housing options which
meet the locally recognized values of community appearance and design, and 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
City of Winter Springs
Ordinance No. 2010 -08
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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
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 established 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, the City Commission hereby expressly finds that this Ordinance is consistent
and in furtherance with the City's long standing policy pursuant to Housing Element Policy 1.3.13
of the City's Comprehensive Plan to discourage the concentration of affordable housing units by
encouraging the integration of compatible affordable housing units within older and newly permitted
neighborhoods; 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. Chapter 6 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
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ARTICLE III. BUILDING CONSTRUCTION STANDARDS
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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
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Ordinance No. 2010 -08
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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. Ac i. ut baildiii shall
. . . . . • - ..:1 - -' • • . • ,e • ., . ••
-
,, . • . • .: :.. • :. .. . . Accessory dwelling units
(ADUs) shall be subject to section 6 -85 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 principle principal structure.
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(e) Setback requirements. 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.
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(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.
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Sec. 6 - 85. Accessory dwelling units.
Accessory dwelling units (ADUs) must conform to the following standards:
Lai 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
Planned Unit Development District
1b) Existing Development on Lot. A single - family dwelling shall exist on the lot or will
be constructed in conjunction with the ADU.
tcl Location. The ADU may be attached to or detached from the principal dwelling.
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Ordinance No. 2010 -08
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(d) Owner Occupancy Required: Declaration of Restrictions. 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, an applicant shall record in the public records of Seminole
County a declaration of restrictions containing a reference to the legal description of the
property and the deed under which the property was conveyed to the present owner stating
that:
,(1) The ADU shall not be sold or conveyed separate from the principal residence;
(2) The ADU is restricted to the approved size;
a3) 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 their principal
residence:
(4) The declarations shall run with the land, shall be binding upon any successor
in ownership of the property and that noncompliance shall be cause for code
enforcement and/or revocation of the conditional use permit;
a) The deed restrictions shall only be removed with the express, written approval
of the city, but shall lapse upon removal of the accessory unit: and
The ADU shall not be used for commercial purposes other than being leased
for residential purposes.
Number ofADUs Per Lot or Parcel. Only one (1) ADU shall be allowed for each lot
or parcel.
Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning
district in which it is located.
Building Height and Stories. The ADU shall meet the building height regulations for
the zoning district in which it is located.
�h) 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.
L 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 spaces required for the principal
residence. The ADU shall be served by the same driveway as the principal dwelling.
Water and Wastewater Services. An ADU is required to connect to the central water
and sewer system where available. An ADU may be separately metered for utilities subject
to all applicable ordinances and utility policies. Where central water and sewer service is not
available, the septic system and well shall meet the capacity requirements.
ILO Other Code Requirements. The ADU shall comply with all applicable building
codes.
a Lot Size Minimum: principal residence minimum. A minimum lot size of 6,600
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Ordinance No. 2010 -08
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square feet is required and the principal residence shall be a minimum of 1,350 square feet
of air conditioned area.
(m) Unit Size. The living area of the ADU shall be a maximum of thirty percent (30 %)
of the air conditioned area of the principal residence or 800 square feet, whichever is less.
However, the ADU shall contain no less than 400 square feet of air 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.
fin,) Design. The ADU shall 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.).
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 adjoiningproperty
shall be designed to protect the privacy of neighbors. Landscaping shall be used to further
provide for the privacy and screening of adjacent properties.
fpj Expiration. As with all conditional use approvals, if a building permit has not been
issued within two (2) years for the ADU, the approval becomes null and void (see Sec. 20-
36).
qq) Approval Process. The conditional use /aesthetic review approval of an ADU is
subject to a Public Hearing. A notice will be sent to all property owners within 150 feet of
the subject property. An ADU will not be approved if prohibited by the declarations,
covenants, conditions and restrictions of a homeowners' association. The City Commission
may impose reasonable conditions of approval 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).
Sec. 6 -86. Sec. 6 -85. Screen enclosures.
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Sec. 6 -87. S. 6 -86. Minimum setback requirements within PUD zoning districts.
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Sec. 6 -88. S. 6 -87. Temporary storage structures.
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Secs. 6- 89.648 — 6 -100. Reserved.
Section 3. Chapter 9 Code Amendment. The City of Winter Springs Code, Chapter
9, Land Development, is hereby amended as follows: (underlined type indicates additions and
City of Winter Springs
Ordinance No. 2010 -08
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strikeout 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).
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CHAPTER 9. LAND DEVELOPMENT
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ARTICLE VIII. IMPACT FEES
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DIVISION 3. POLICE, FIRE, PUBLIC BUILDINGS AND PARKS AND RECREATION
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Sec. 9- 391.2. Definitions.
Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development Code.
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(g) Residential: Includes single - family dwellings, multifamily dwelling units, and mobile
homes, •_.•,, ,
Sec. 9 391.3. Applicability and exemptions.
(a) This division shall apply to all new construction within the city limits except the
following:
(1) Expansion of a residential dwelling unit or the creation
of an accessory dwelling unit on the same parcel as the primary dwelling; and
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Section 4. Chapter 19 Code Amendment. The City of Winter Springs Code, Chapter
19, Utilities, 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 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
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ARTICLE V. STORMWATER MANAGEMENT UTILITY
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Ordinance No. 2010 -08
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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.
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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.
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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 dwelling units existing on the property. Accessory
dwelling units that are separately metered for utilities shall be considered an
additional dwelling unit for purposes of calculating and billing the fee to the
accessory dwelling unit. That is, Fee = ERU x number of Dwelling Units.
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Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code, Chapter
20, Zoning, 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 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.
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City of Winter Springs
Ordinance No. 2010 -08
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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 (1) 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 -85. Accessory Dwelling Units).
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Burg •.• • .•• • • • • • .■' i n • • ••• • .l
•
* * *
Dwelling, one family. A building designed for or occupied exclusively by one (1) family,
except that an ancillary accessory dwelling unit may be attached to the principal dwelling unit in
certain restricted situations as prescribed by code.
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Garage apartment. • . , ' .• • • •
family.See Accessory dwelling unit. • Guest cottage. • • ' • • • • • • • • . ' • ' • • .1
• •
•I • . • • • • -' I. .. i • ., i • ••• , - - -, - . Vial • • . - - •
• •
•• i • • V.I. i •• _.See Accessory dwelling unit.
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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. • . • • _ • • • • • • • . • • .1 • , . • .
.._ • • •:1 - - • •, • • •11 • • i • .: .. • . .. • .. • • .
City of Winter Springs
Ordinance No. 2010 -08
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Principal building. The building or structure of chief importance or function on a parcel or
lot. In general, the primary use of the lot is carried out in the principal building.
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ARTICLE III. ESTABLISHMENT OF DISTRICTS
DIVISION 1. GENERALLY
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Sec. 20 -103. Restrictions upon lands, buildings and structures.
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(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 -85.
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(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.
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DIVISION 2. R -1AAA SINGLE - FAMILY DWELLING DISTRICTS
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Sec. 20 -123. Conditional uses.
There shall be no conditional uses within the R -1AAA Single - Family Dwelling Districts,
except the following:
LU One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the
criteria set forth in section 6 -85,
(2 +) Churches;
(32) Schools;
City of Winter Springs
Ordinance No. 2010 - 08
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(43) Public recreational areas and facilities.
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Sec. 20 - 125. Building area regulations.
Each 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.
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DIVISION 3. R -CI SINGLE - FAMILY DWELLING DISTRICT
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Sec. 20 -143. Conditional uses.
There shall be no conditional uses within the R -CI Single - Family Dwelling Districts, except
the following:
W One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the
criteria set forth in section 6 -85;
(2 +) Churches;
(32) Schools;
(43) Public recreational areas and facilities.
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Sec. 20 - 145. Building area regulations.
EaCh 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.
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DIVISION 4. R -1AA AND R -1A ONE - FAMILY DWELLING DISTRICTS
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Sec. 20 -163. Conditional uses.
(a) There shall be no conditional use within R -1 AA and R-1A One - Family Dwelling
Districts except the following:
City of Winter Springs
Ordinance No. 2010 -08
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W One (1) accessory dwelling unit ancillary to the principal dwelling, subject
to the criteria set forth in section 6 -85;
(2 +) Churches with their attendant educational buildings and recreational
facilities:;
(32) Public utility and service structures:;
(43) Schools:;
(54) 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.
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Sec. 20 -165. Building area regulations.
Each 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 -1 A 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.
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ARTICLE IV. PLANNED UNIT DEVELOPMENTS
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DIVISION 2. PART A. PLANNED UNIT DEVELOPMENT
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Sec. 20 -360. Control of development following approval after construction completed.
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(b) After completion of construction of the area covered by a final development plan, no
City of Winter Springs
Ordinance No. 2010 -08
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changes may be made except under the procedures provided below:
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(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.
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DIVISION 3. PART B. PLANNED UNIT DEVELOPMENT
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Sec. 20 -387. Control of development following approval after construction completed.
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(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:
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01 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.
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Section 6. 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 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 ninety (90) days after
the date of adoption by the City Commission of the City of Winter Springs, Florida, and pursuant
to City Charter.
Section 10. Sunset Review. This Ordinance shall be subject to a one (1) year sunset
City of Winter Springs
Ordinance No. 2010 - 08
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review by the City Commission. At a regular meeting of the City Commission held in September
of 2011, the City Manager and Community Development Director are hereby instructed to present
this Ordinance to the City Commission for possible repeal or modification prior to the one year
anniversary of this Ordinance being adopted by the City Commission.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 25th day of October, 2010.
4
HN F. BUSH, Mayor
ATT :
AND �;�'' ORENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the Ci of Winter Springs only:
A 0' ' A. GARGA ` E, City Attorney
First Legal Ad Published: October 3, 2010
First Reading: October 11, 2010
Second Legal Ad Published: October 17, 2010
Effective Date: October 25, 2010
City of Winter Springs
Ordinance No. 2010 -08
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