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HomeMy WebLinkAbout2025 01 13 Public Hearing 400 - First Reading - Ordinance 2025-01: Tree Removal, Land Clearing, Grading and Excavation PermitsPUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA | JANUARY 13, 2025 REGULAR MEETING TITLE First Reading - Ordinance 2025-01: Tree Removal, Land Clearing, Grading, and Excavation Permits SUMMARY The Community Development Department has worked with the City Attorney’s Office to draft proposed changes to Chapter 5, Tree Protection and Preservation, Chapter 9, Land Development, and Chapter 20, Zoning, to clarify restrictions and requirements related to land clearing (grubbing), excavation, and grading operations. In recent months, staff has found that there has been confusion from developers pertaining to when they had permission to begin land clearing after approval of a site plan by the City Commission. In order to alleviate this confusion, this ordinance was drafted to add clarifying language to the various chapters of the City Code. The City Attorney’s Office drafted the proposed changes to the various chapters of the City Code. The Planning and Zoning Board recommended approval on January 02, 2025. Staff recommends City Commission approve Ordinance 2025-01. FUNDING SOURCE N/A RECOMMENDATION Staff recommends that the City Commission hold a Public Hearing and approve the First Reading of Ordinance 2025-01. 342 City of Winter Springs Ordinance No. 2025-01 Page 1 of 13 ORDINANCE NO. 2025-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS TO CLARIFY THE PROCEDURES TO APPLY FOR TREE REMOVAL AND LAND CLEARING PERMITS; TO AMEND THE PENALTIES FOR TREE REMOVAL AND LAND CLEARING WITHOUT A PERMIT; TO ESTABLISH REGULATIONS REGARDING EXCAVATION AND GRADING AND PROCEDURES FOR APPLYING FOR EXCAVATION AND GRADING PERMITS; 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 City Commission recognizes that, in many cases, development permit applications, in particular applications for final engineering and site plans, are accompanied with grading, landscaping, and tree removal plans that are approved in conjunction with the development permit application; and WHEREAS, the City Commission desires to clarify that such development permit applications shall not themselves constitute permits or approvals to commence land clearing, tree removal, or excavation and grading operations; and WHEREAS, the City intends to establish specific regulations regarding excavation and grading operations; and WHEREAS, the City Commission desires to ensure that open excavation and grading sites and land clearing and tree removal operations do not commence until it is certain that preliminary plat and/or building permit applications have been approved for development so that these sites are not causing nuisance erosion and dust accumulation on neighboring properties for longer than necessary; and WHEREAS, the tree removal and land clearing provisions of the Code shall be updated with regard to penalties and enforcement to discourage tree removal and land clearing without a permit to the maximum extent permitted by law; and WHEREAS, pursuant to the Florida Community Planning Act and the City Code, the City’s Planning & Zoning Board/Land Planning Agency has reviewed and recommended adoption of this Ordinance at a duly held public meeting; and 343 City of Winter Springs Ordinance No. 2025-01 Page 2 of 13 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; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Chapter 5, of the City Code is hereby amended as follows: (underlined type indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 5. It is intended that the text in Chapter 5 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Chapter 5 – TREE PROTECTION AND PRESERVATION * * * Sec. 5-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated unless the context clearly indicates otherwise: * * * Land clearing (grubbing). The act of removing or destroying trees, ground cover, and other vegetation by manual, mechanical, or chemical means. Routine lawn mowing, sod replacement, planting of landscape material, shrub pruning, and shrub removal shall not be considered land clearing and grubbing provided no grade change occurs. Removal of understory by bush hog, forestry mulcher, or other means shall not be considered routine mowing when preparing a property for construction or results in trees being removed, destroyed or severely damaged. Excavation or grading activities shall not be considered land clearing and shall be regulated by Chapter 9, Article VI of the City Code of Ordinances. * * * Sec. 5-4. Permit required for tree removal and land clearing; separate violations; criteria; contractor permit required. (a) Permit required. Except as provided in section 5-4.5 herein, no person shall engage in tree removal or engage in land clearing located within the city, without first obtaining an approved land clearing and tree removal permit as provided in this chapter. Approval of a site and final engineering plan by the City Commission including a tree removal and landscaping/tree replacement plan shall not excuse an applicant from the requirement to apply for a tree removal or land clearing permit separately herein and concurrently with 344 City of Winter Springs Ordinance No. 2025-01 Page 3 of 13 such site and final engineering plan application for City Commission approval. Site and final engineering plan approval by the City Commission shall not be construed as a permit under this Chapter. If a property owner has retained a contractor to perform the land clearing or tree removal, the contractor must have a valid city issued arbor license required by subsection 5-4(e) and shall obtain the permit required by this chapter prior to the land clearing or tree removal. If no permit is obtained prior to tree removal or land clearing, the property owner and the contractor (if retained) shall have violated this section. It shall be a separate violation of this chapter for each tree removed and each day a person is engaged in land clearing without a permit. (b) Trees that can be removed by permit. Upon receipt of a completed application and verification on-site by the city arborist, a permit may be issued for tree removal if it is first determined by the city arborist that any one (1) of the following limited conditions exists to lawfully justify the tree removal: (1) Trees located on building and construction sites or projects as shown on city approved plans as provided in Section 5-6 below, provided said trees are replaced elsewhere on the property in accordance with section 5-9 of this chapter, except that city trees as defined in section 5-3 and historic and specimen trees under section 5-8 shall be preserved to the extent required by this chapter. (2) Trees with a trunk(s) located within ten (10) feet of a structure and that pose a clear hazard or that have caused significant damage to said structure as determined by the city arborist. (3) Trees severely diseased, severely injured or dead. (4) Trees that interfere with the construction or repair of public infrastructure and facilities including utilities. (5) Undesirable trees, per appendix A. (6) Trees required to be removed by the city or other governmental agency to facilitate necessary public utilities and infrastructure or remove visibility obstructions to vehicle drivers within a intersection visibility triangle and which are located within a public road, drainage rights-of-way, or permanent utilities and drainage easements. (7) Trees that pose a serious threat to persons or property. (8) Trees that prohibit or have the effect of prohibiting the installation or operation of a solar collector, clothesline, or other energy device based on a renewable resource. (9) All trees and plants, within a licensed tree nursery, planted for harvest shall be exempt from the terms and provisions of this chapter only if trees are planted and growing on the premises of the licensee and are for sale or intended for sale in its ordinary course of business. (10) One (1) tree located on an existing single-family home lot within a ten-year period pursuant to subsection 5-9(e). (11) Trees that unreasonably interfere with a property owner's established riparian or littoral rights or substantially interfere with and obstruct a substantial portion of a property 345 City of Winter Springs Ordinance No. 2025-01 Page 4 of 13 owner's visibility to a natural water body such as a lake, but only to the extent such right or visibility cannot be secured by tree trimming, pruning or windowing. * * * (e) Contractor city-issued license required; contractor obtaining permits. Any person or entity engaged in the business of tree removal or pruning shall be licensed by the city on an annual basis. Licenses may be obtained from the city by completing an application prepared by the city and paying the required license fee. The license application shall contain at a minimum the name, address, and telephone number of the contractor and a copy of the contractor's local business tax receipt, state license if required and proof of liability and workers' compensation insurance. As a condition of obtaining a license under this subsection, any previously unpaid penalties imposed by the city under section 5-18 shall be paid in full. It shall be unlawful for any person or entity to engage in the business of tree removal or pruning within the city without a license required under this subsection. It shall also be unlawful for any such person or entity to fail to obtain a permit on behalf of a property owner pursuant to subsection 5-4(a) of this chapter. * * * Sec. 5-6. Permit application. (a) Filing application and payment of fees. An application for tree removal and land clearing shall be filed on official forms provided by the city's arborist. The applicant shall be required to pay a fee as may be established by resolution of the city commission, except that no fee shall be required for the removal of trees that (i) are dead, diseased, or suffer from severe structural defects, (ii) pose a clear and obvious safety hazard to structures and people, (iii) are removed for a public project sponsored and paid for by the city, or (iv) any tree found on the Florida Exotic Pest Plant Council's Invasive Plant Species List. If the applicant is not the property owner, then the applicant shall attach the written permission of the property owner to the application. All completed applications shall be returned to the arborist, along with the following: * * * (b) Time for application. Applications for a tree removal or land clearing permit shall be made prior to removal or clearing; except that in the following cases, application shall be filed when indicated: (1) All new subdivisions shall be required to submit an application for a tree removal or land clearing permit, at the time of initial submittal of the preliminary subdivision plan and site and final engineering plan, to the city so that due consideration may be given to protection of trees during the subdivision design process. Each application for a tree removal permit shall be subject to review under the staff development review committee process. However, the tree removal permit shall not be approved and issued by the City until the preliminary subdivision plan and site and final engineering plans have been approved by the City Commission and all requirements of this Chapter have 346 City of Winter Springs Ordinance No. 2025-01 Page 5 of 13 been met, including identification of a city-licensed tree removal contractor as required by Section 5-4. (2) Any commercial, industrial, multi-family, mixed use or other use requiring final engineering and site plan approval under the city land development regulations shall be required to submit an application for a tree removal and land clearing permit at the time of site plan submittal so that due consideration may be given to the protection of trees during the site plan design process. Each application for a tree removal permit shall be subject to review under the staff development review committee process. However, the tree removal permit shall not be approved and issued by the City until all site and final engineering plan conditions of approval have been satisfied, a building permit for a building or structure has been approved by the Building Official, and all requirements of this Chapter have been met, including identification of a city-licensed tree removal contractor as required by Section 5-4. (3) All new single-family and duplex dwelling units shall be required to submit an application for a tree removal and land clearing permit at the time of application for a building permit; the tree inventory may be shown on the building permit plot plan. The tree removal permit shall not be approved and issued by the City until the building permit has been approved by the Building Official and all requirements of this Chapter have been met, including identification of a city-licensed tree removal contractor as required by Section 5-4. (c) Exempting portion of the tree survey. Upon request, the city arborist may permit an applicant to omit certain portions of the tree inventory required by subsection 5-6(a)(1) where compliance with the requirements set forth herein would be unnecessarily burdensome and the exempted portions are not needed for the city to evaluate the application such as in applications unrelated to the new development of buildings, structures or infrastructure on the subject land, limited only to the removal of one (1) or more isolated and specific trees on already developed land and have no impact on protected city trees. (d) Permit fee. A nonreturnable permit fee to be established by resolution of the city commission shall be paid for purposes of processing the application, enforcing the provisions of this chapter, and inspecting the real property subject to the application. (e) Posting of permit. The permit must be posted upon the property and visible from the street to be valid. (f) City commission approved plans, permits, and agreements. All permits issued by the city arborist under this chapter shall be required to be consistent, and not in conflict, with any plans, permits, or development agreements approved by the city commission. All permits or portions thereof issued by the city arborist in conflict with any approval of the city commission shall be deemed null and void and the approval of the city commission shall remain in full force and effect. * * * 347 City of Winter Springs Ordinance No. 2025-01 Page 6 of 13 Sec. 5-18. Enforcement; penalties. (a) Enforcement. The city may enforce the provisions of this chapter by any lawful means including, but not limited to, issuing a civil citation, bringing charges before the city's code enforcement board or special magistrate, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this chapter, the removal or death of a tree in violation of this chapter shall be deemed irreparable or irreversible. (b) Penalties. In addition to all other remedies set forth in this chapter or any applicable agreement between the city and a property owner, one (1) or more of the following civil fines shall apply to violations of this chapter: (1) Failure to obtain a permit under subsection 5-4(a): Fine of two hundred fifty dollars ($250.00) per tree or five hundred dollars ($500.00) per specimen or historic tree removed, or five hundred dollars ($500.00) per quarter acre of land cleared, whichever is greater, not to exceed five thousand dollars ($5,000.00). The fine under this subsection is in addition to the fine provided in subsection (2) or (3) for removal of tree without a permit. for each day the person fails to obtain an after-the-fact tree removal permit after the time provided to comply by the code enforcement board or, if at least one specimen tree has been removed, five hundred dollars ($500.00) for each day the person fails to obtain an after-the-fact tree removal permit after the time provided to comply by the code enforcement board, or five hundred dollars ($500.00) per quarter acre of land cleared for each day the person fails to obtain an after-the-fact land clearing permit after the time provided to comply by the code enforcement board, whichever is greater. Fines imposed for repeat violations shall be as provided in F.S. Chapter 162, as may be amended. If the trees were removed or land was cleared in anticipation of a development project on the property, the City’s code enforcement board may, in its discretion, allow for up to one (1) year for the developer to obtain approval of an after-the-fact permit in conjunction with approval of a final engineering and site plan, site plan amendment, or subdivision preliminary plat approval. In order to obtain an after-the-fact tree removal permit, a tree survey shall be required as provided in this section based on best available evidence of the trees that existed on the property prior to removal, such as aerial photographs. Restoration, replacement, and/or mitigation shall be required in order to obtain an after-the-fact tree removal or land clearing permit as provided in this section, in addition to the aggravating penalties provided in subsections (b)(2), (3), (4), and/or (5) below. (2) Removal of a tree without a permit: Fine of fifty dollars ($50.00) per caliper inch, not to exceed five thousand dollars ($5,000.00) per tree. Notwithstanding the penalties in subsection (b)(1) for failure to obtain a permit, for each individual tree removed without a permit: A fine of one hundred dollars ($100.00) per caliper inch, not to exceed five thousand dollars ($5,000.00) per tree. Violations of this section are considered irreparable and irreversible in nature. To the extent that a tree survey prepared during the course of applying for an after-the-fact tree removal permit reveals further inches removed, the City's Code Enforcement Board retains jurisdiction to adjust the fine. (3) Removal of a specimen or historic tree without a permit: Fine of one hundred dollars ($100.00) per caliper inch, not to exceed five thousand dollars ($5,000.00) per tree. 348 City of Winter Springs Ordinance No. 2025-01 Page 7 of 13 Notwithstanding the penalties in subsection (b)(1) for failure to obtain a permit, for each individual specimen tree removed without a permit: A fine of one hundred fifty dollars ($150.00) per caliper inch, not to exceed five thousand dollars ($5,000.00) per tree. Violations of this section are considered irreparable and irreversible in nature. To the extent that a tree survey prepared during the course of applying for an after-the-fact tree removal permit reveals further inches removed, the City's Code Enforcement Board retains jurisdiction to adjust the fine. (4) Removal of trees with inches unknown: Notwithstanding the penalties in subsection (b)(1) for failure to obtain a permit, for each individual tree removed without a permit with inches removed unknown: A fine of five thousand dollars ($5,000.00) per tree. This subsection shall apply if trees are removed in a manner making it impossible to determine the number of inches removed, such as where all stumps of the trees are removed. Violations of this section are considered irreparable and irreversible in nature. (5) Land clearing without a permit: Notwithstanding the penalties in subsection (b)(1) for failure to obtain a permit, land clearing without a permit: A fine of five thousand dollars ($5,000.00) per each quarter acre cleared. This subsection may also be utilized if the number of trees removed cannot be determined. Violations of this section are considered irreparable and irreversible in nature. (6) Failure to abide by a cease and desist order issued under this chapter: Fine of five hundred dollars ($500.00) per day. (7) Failure to obtain a contractor's license under subsection 5-4(e): Fine of two hundred fifty dollars ($250.00) (first offense); five hundred dollars ($500.00) (second and each subsequent offense). In addition, if a contractor continues to engage in work without a contractor's license under this chapter in violation of a written cease and desist issued by the city, the penalty for failure to obtain a contractor's license under this subsection shall be increased two hundred fifty dollars ($250.00) per day for continued activity without a license after the cease and desist was issued. (68) Failure to abide by the requirements of section 5-10 of this chapter: Fine of two hundred fifty dollars ($250.00) per occurrence. (79) Any other violation of this chapter: Fine as provided by law and this chapter. (c) Civil fine determination. In determining the amount of the civil fine under subsection (69) above, the following factors shall be considered: (1) The gravity of the violation. (2) Any actions taken by the violator to correct the violation. (3) Any previous violations of this chapter committed by the violator. (4) The number and size of the trees removed, if any. (5) The historical significance of any tree removed if the tree was deemed historic. (6) Whether the violation is irreparable or irreversible in nature. 349 City of Winter Springs Ordinance No. 2025-01 Page 8 of 13 (7) The remedial actions offered by the violator to restore the property consistent with this chapter. (8) Whether the violation was willful and intentional or in violation of an express provision of an agreement in which applicable rights were provided to the city. * * * Section 3. Code Amendment. Chapter 9, of the City Code is hereby amended as follows: (underlined type indicates additions to the City Code and 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): CHAPTER 9 – LAND DEVELOPMENT ARTICLE I. – IN GENERAL * * * Sec. 9-8. Soil, rock, etc., removal. Reserved. (a) It shall be unlawful for any person to remove from any real property within the city any soil, subsoil, rock, or sand without approval as provided herein. Prior to such removal such person shall file with the city manager an application which shall include a written consent of the owner for such removal. The city manager shall present the application to the city commission for its approval. If the commission approves the application, the mayor shall issue a written permit for such removal. (b) Unless such removal becomes a public nuisance or endangers the public health, safety or welfare, no permit would be necessary other than a building permit for the removal which would be incident to the preparation of single-family homes or auxiliary structures such as patios, swimming pools or driveways. * * * ARTICLE VI. – RESERVED EXCAVATION AND GRADING Secs. 9-326-9.369. – Reserved. Sec. 9-326. – Definitions. The following definitions shall be applicable to this chapter: 350 City of Winter Springs Ordinance No. 2025-01 Page 9 of 13 Agricultural use shall include, but not be limited to, the use of land in horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee keeping, piscaculture and all forms of farm products and farm production. Excavation shall be defined to include the hollowing out, removal by digging, dredging, or leveling and/or filling of any land, dirt, sand, clay, soil, rock, solid materials or other soil materials. It shall not include the procedure involved in cleaning and maintaining holding and retention ponds in accordance with a management plan approved by SJRWMD nor shall it include the digging of cemetery graves. Land clearing shall not be considered excavation or grading activities and shall be regulated by Chapter 5 of the City Code of Ordinances. Person means any person, partnership, limited partnership, sole proprietorship, corporation, joint venture, trust or estate or other similar legal entity. Zoning authority means the duly constituted city commission of the city. Sec. 9-327. – Excavations and grading prohibited; Exceptions. Excavations and grading are strictly prohibited within the city unless approved by the city in accordance with section 9-328 herein and for the purpose of performing one (1) of the following development activities: (a) For wells or trenches for utilities. (b) For installation of foundations of any building or structure approved under a valid building permit. (c) For other on-site leveling or excavation in accordance with a site or final engineering plan approved by the City Commission, provided that all conditions of approval for the site or final engineering plan have been satisfied and a valid building permit for a building or structure has been approved. (d) For construction of subdivisions complying with chapter 18 of the City Code, provided that a preliminary plat and site and final engineering plans have been approved by the City Commission. (e) Excavations relating to the accessory use of land and designed to be filled upon completion of excavation, such as septic tanks, provided applicable building or other permits have been obtained. (f) Swimming pools when a building permit has been issued for construction of such pool. (g) Borrow pits designated or controlled by any local, regional, state, or federal government agency, providing for mosquito control or drainage, or any drainage district created pursuant to applicable Florida statutes. (h) Excavation in conjunction with agricultural use of lands, where no excavated materials are sold, whether directly or indirectly, or transferred from one (1) parcel of land to any noncontiguous parcel. (i) Excavations or leveling for private drives to provide ingress or egress in accordance with the City Code or for the creation of designated parking areas in accordance with the City Code. 351 City of Winter Springs Ordinance No. 2025-01 Page 10 of 13 (j) Private lakes for recreational or aesthetic purposes only, on residentially zoned lots which are greater than one (1) acre in size, if the excavation is less than one thousand (1,000) cubic yards. (k) Exploratory excavations performed under the direction of a registered engineer or design professional. Sec. 9-328. Permits required. Prior to any person or entity excavating or grading pursuant to this Article, said person or entity shall first obtain an excavation permit issued by the building official and obtain approval of the Community Development Director if the excavation is part of a subdivision, site and final engineering plan, planned unit development or similar development plan. No excavation permit shall be approved unless for the purpose of performing one (1) of the development activities listed in section 9-327. Such excavation permit shall remain in effect for a period of one (1) year. Applications for an excavation permit shall be submitted in duplicate to the building official, together with the application fee as established by the City Commission from time to time, and shall contain the following information in addition to any additional information requested by the building official: (a) The name and address of the person seeking the permit, which shall be a licensed contractor unless otherwise exempt by Florida law; if a corporation, all principals, partners or officers. (b) A legal description of the real property. (c) A map showing the exact location and boundaries of the tract of land in question, to include the location and type of trees existing thereon. (d) Drawings to scale by a registered, professional engineer showing the dimensions of the proposed excavation to be undertaken. (e) A topographical survey of the real property including the location of water courses or water bodies. (f) A detailed statement and plan for the proposed reclamation and future use of the real property at the conclusion of the excavation operation, including landscaping and tree replacements if not otherwise provided in a tree removal permit application. (g) A detailed statement indicating the nature, purpose and method of the proposed excavation including stockpile locations, pump locations and the proposed method of treatment of the flow leaving the site. (h) An acknowledged written consent of the owner of the real property and mortgagee, if any, including their respective addresses. (i) Proposed and precise vehicular routes indicating the streets and roadways over which all vehicles utilized to remove and transport the materials removed from any excavation shall travel, together with a statement from the city engineer that such streets and roadways are capable of accommodating such vehicles. A statement 352 City of Winter Springs Ordinance No. 2025-01 Page 11 of 13 granting permission to use such roads from the appropriate county, city, and state officials shall also be included. (j) An affidavit from a person authorized to act on behalf of the applicant stating both a familiarity with all federal and state statutes, rules and regulations applicable to the project and that the applicant has fully complied with them. (k) Copies of all other applicable permits for the proposed excavation. (l) A written plan to control dust when excavation occurs within two hundred (200) feet of an occupied residential structure or water body. (m) A written schedule indicating the length of time the excavation area is to be under construction and when restoration is to be completed. The maximum construction time shall be limited to one (1) year, with a six (6) month extension granted if approved by the city. All restoration should be completed within ninety (90) days of completion of excavation. Applications for excavation permits may be submitted concurrently with an application for a building permit. Notwithstanding the issuance of an excavation permit under this Section, the applicant shall not be excused from obtaining stormwater drainage approval of the city engineer for any new development and significant redevelopment as provided in Chapter 9, Article IV, Division 4 of the City Code of Ordinances, and nor shall the applicant be excused from the requirement to obtain approval of a pollution prevention plan for all significant construction activities as required in Chapter 19, Section 19-170.5 of the City Code of Ordinances. Land clearing/tree removal permits shall be separately required for the removal of trees, ground cover, and other vegetation by manual, mechanical, or chemical means in accordance with Chapter 5 of the City Code of Ordinances. Section 4. Code Amendment. Chapter 20, of the City Code is hereby amended as follows: (underlined type indicates additions to the City Code 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 V. – SUPPLEMENTAL DISTRICT REGULATIONS * * * DIVISION 2. – MOTOR VEHICLES * * * 353 City of Winter Springs Ordinance No. 2025-01 Page 12 of 13 Sec. 20-439. Parking areas on residential lots; design requirements. (a) Permitted parking locations. On residential lots, vehicles shall be parked within a garage, carport, or on a driveway and/or designated parking area. * * * (f) When site driveway construction permit required. A site construction driveway construction permit shall be required from the building division, community development department, whenever impervious materials are used to construct a driveway or designated parking area, or whenever a new designated parking area is constructed on any residential lot. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. 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 7. 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 8. Effective Date. This Ordinance shall become effective 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______________, 2025. Kevin McCann, Mayor ATTEST: Christian Gowan, City Clerk 354 City of Winter Springs Ordinance No. 2025-01 Page 13 of 13 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: _______________________________ Anthony A. Garganese, City Attorney Legal Ad: First Reading: Legal Ad: Second Reading: 355