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HomeMy WebLinkAboutOrdinance 2015-19 Amending Chapter 20 Zoning - Limiting Administrative Waiver LanguageORDINANCE NO. 2015-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING CHAPTER 20 ZONING TO ESTABLISH A LIMITED ADMINISTRATIVE WAIVER PROCEDURE FOR APPROVING DEVIATIONS FROM CERTAIN TECHNICAL REQUIREMENTS OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, (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, the City Commission of the City of Winter Springs, Florida (the "City Commission ") desires to streamline the development approval process by establishing an administrative waiver procedure for approving minor deviations from certain requirements of chapter 20 Zoning of the Code of Ordinances as specifically provided herein; 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 L 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. Section 20 -37 of the City Code is hereby established, as follows (proposed additions to City Code are indicated by underline Sec. 20 -37. — Limited Administrative Waivers. (a) Authorization by City Manager. Waivers to the adopted land development regulations set forth in this chapter may be authorized administratively y the City Manager or designee, subject to the procedures and limitations of this section. Designees under this section may be approved by City Manager by written administrative order. City of Winter Springs Ordinance No. 2015 -19 1 (b) Waivers subiect to Administrative Review and Approval. (1) Administrative waivers may be considered for height, area, or size of a structure; and /or distance requirement, size of yard and open space requirements of an applicable zoning district. Administrative waivers shall not exceed ten percent (10% ) of the applicable requirement. The City Manager may authorize the administrative review and approval of a waiver when a property owner clearly demonstrates: (A) the waiver is necessary, as a condition of cily permit approval, to allow the reasonable use of the subject property and any proposed or existing improvements thereon; and (B) such waiver will not: (i) have more than a de minmmu impact on the subject property and surrounding area; (ii) be contrary to the public interest; (iii) be incompatible with the surrounding area; (iv) have an adverse effect on the neighborhood or general welfare of the area; and (v) have the effect of nullif3dng the intent and purpose of any applicable provision of this chapter. (c) Application Submittal and Fee. Application for an administrative waiver shall be made on a form provided by the community development department and shall be accompanied by an application fee established by the city. As part of the application, the city manager reserves the right to require a signed affidavit (submitted on a form prepared by the city) from all abutting property owners indicating no objection to the requested waiver. In such case, failure of the applicant to obtain signatures of all abutting property owners will constitute a basis for denying the he application. For the purpose of this section, the term "abutting" shall include those properties directly across a road. (d) Conditions. The city manager may prescribe appropriate conditions and safeguards to ensure that the purposes of this section, chapter and other ap lip cable regulations set forth in the City Code are carried out, and to ensure that the waiver granted is the minimum necessary to allow reasonable use of the land and improvements. (e) Further Action. Applications approved by the city manager under this section shall be deemed final. However, a denial of a request for an administrative waiver by the city manager shall be considered a non -final order of the city and shall not be appealable. Applications denied under this section shall not preclude an applicant from requesting a variance or waiver from the city commission pursuant to other applicable provisions of this chapter. In such cases, City of Winter Springs Ordinance No. 2015 -19 the applicant shall submit a formal application for a variance or waiver consistent with the requirements set forth in this chapter, and decisions made on such applications shall be deemed final and subject to appeal in a court of competent iurisdiction. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. 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 14th day of September, 2015. ATTEST: ANDREA ORENZO- LUACES City Clerk City of Winter Springs Ordinance No. 2015 -19 3 ' - APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: August 24, 2015 Legal Ad Published: September 3, 2015 Effective Date: September 14, 2015 City of Winter Springs Ordinance No. 2015 -19