HomeMy WebLinkAboutOrdinance 2014-24 Text Amendment Chapter 6-87 Temporary Storage Structures ORDINANCE NO. 2014-24
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 6-87 OF THE CITY CODE REGARDING THE
REGULATION OF TEMPORARY STORAGE
STRUCTURES; PERMITTING TEMPORARY STORAGE
STRUCTURES TO BE USED FOR EXTENDED TIME
PERIODS FOR SEASONAL DELIVERY PURPOSES ON
PROPERTY CONTAINING A COMMERCIAL USE;
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 § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 316.2126(3)(a), Florida Statutes, authorizes the use of golf carts by
seasonal delivery personnel for the purpose of delivering express envelopes and packages from
midnight on October 15th until midnight of January 31St of each year; and
WHEREAS, the City Commission desires to permit, on properties currently containing a
commercial use, certain temporary storage structures used in connection with seasonal deliveries
from October 15th through January 31st in accordance with Florida law and in accordance with the
guidelines set forth in section 6-87 of the City Code; 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 fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Section 6-87 is
hereby amended as follows (underlined type indicates additions and strikeout type indicates
deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in Section
6-87. It is intended that the text in Section 6-87 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance):
City of Winter Springs
Ordinance No.2014-24
Page 1 of 3
Sec. 6-87. Temporary storage structures.
(a) Definition: For purposes of this section, "temporary storage structure" shall mean a
structure designed and used primarily for storage of building materials, household
goods, and other such material; and that is not intended for permanent installation.
(b) A supplier of a temporary storage structure shall obtain a permit issued by the
building department prior to supplying and installing or allowing to be installed a
temporary storage structure within the City of Winter Springs. The permit shall be
limited to a specific address and shall allow the installation at such address for a
maximum of seventy-two (72) consecutive hours. Permits shall also be limited to a
maximum of two (2) per any twelve (12) month period for any specific address. A
permit fee shall be required by resolution of the city commission and collected by
the city. The permit shall contain the date and time of issuance, the name of the
person to whom the temporary storage structure is supplied, and the address at
which the temporary storage structure will be installed. Notwithstanding the
foregoing seventy-two hour time limit, the City may permit the use of a temporary
storage structure, on a property that currently contains a commercial use, for the
entire time period beginning October 15 and ending January 31 of the immediately
following calendar year if such temporary storage structure is used to store seasonal
deliveries and golf carts utilized by seasonal delivery personnel as authorized by
section 316.2126(3)(a) Florida Statutes.
(c) In the event of a tropical storm or hurricane watch issued by the National Weather
Service, the city shall have the right to order the supplier to remove the temporary
storage structure by providing the supplier at least twenty-four(24) hours notice of
removal. In the event of a tropical storm or hurricane warning issued by the
National Weather Service, the temporary storage structure shall be immediately
removed by the supplier after the warning being issued. In such situations, the city
shall have the right to enter the property and remove the temporary storage
structure if the supplier does not remove the temporary storage structure as required
by this subsection. The supplier shall be liable for all removal costs incurred by the
city and failure to pay said costs, upon demand by the city, shall constitute a code
violation and shall result in a lien being imposed pursuant to Chapter 162, Florida
Statutes, in the amount of said costs.
(d) For good cause shown by the owner of the property at which the temporary storage
structure will be supplied, the time periods set forth in subparagraph (b) may be
extended by the city manager. The duration of the extension shall be reasonably
related and proportionate to the cause shown, but shall not exceed more than thirty
(30) days per extension. Good cause being limited to emergencies and situations
where there exists a reasonable risk or threat to life and property damage.
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.
City of Winter Springs
Ordinance No.2014-24
Page 2 of 3
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph,number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 27th day of October, 2014.
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ATT 'ST,:,
D A LORENZO-LUACES
City Jerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR T�.. ► TY OF WINTER SPRINGS ONLY.
ANTHONY 7 ARGANESE
City Attorney
First Reading: October 13, 2014
Legal Ad: October 16, 2014
Second Reading: October 27, 2014
Effective Date: October 27, 2014
City of Winter Springs
Ordinance No.2014-24
Page 3 of 3