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Supplement No.33
SUPPLEMENT NO.33 September 2025 CODE OF ORDINANCES City of WINTER SPRINGS, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2025-11, enacted May 12, 2025: See the Code Comparative Table for further information. Remove Old Pages ix—Xv Checklist of upAo-date pages SH:3 21 133-156 205, 206 311-330 555-592.2 603-622 931-935 1259, 1260 1331-1332.4 1342.15-1342.18 13651370.4 2107, 2108 2145-2147 3111-3139 Insert New Pages 1X-Xv Checklist of upAo-date pages (following Table of Contents) SH:3 21 133-188 205-206.2 311-330.2 555-592.16-- 603622 931-935 1259, 1260 1331-1332.4 1342.15-1342.18 13 55-1370 0752108 2145-2147 3111-3139 Inset•t and maintain this instruction sheet in front of this publication. File removed pages for reference. INSTRUCTION SHEET—Cont'd4 { infO�c�mtanico�le.co�r7 � 800.2�i2.2633 � +wevv�.n�tinicode.cO�r� P,©, F3ox 2235 T�liahas,ee, �h 3231f� TABLE OF CONTENTS Page Current Officials of the City ................................. iii Preface..................................................... v Adopting Ordinance ......................................... vii Checklist of Up -to -Date Pages ............................... [1] Supplement History Table ................................... SH:1 CHARTER Charter.................................................... 1 Art. I. Corporate Name ............................. 3 Art. H. Territorial Boundaries ...................... 3 Art. III. Powers of the City......................... 3 Art. IV. Governing Body ............................ 3 Art. V. City Manager ............................... 8 Art. VI. Administrative Departments ................ 9 Art. VII. Financial Procedure ....................... 9 Art. VIII. Nominations and Elections ................ 11 Art. IX. Initiative and Referendum .................. 12 Art. X. Amendments ............................... 14 Art. XI. Severability. ................................ 14 Art. XII. Powers ................................... 14 Art. XIII. Transitional Provisions ................... 14 Charter Comparative Table .................................. 67 PART II CODE OF ORDINANCES Chapter 1. General Provisions ...................................... 77 2. Administration. . I * a 1 6 4 & 0 0 0 2 a 6 a 6 4 0 0 4 9 0 0 a 6 * & 4 * 0 * 0 0 6 a 0 6 4 0 a 133 Art. I. In General .................................. 137 Art, II. City Commission. 139 Art, III. Boards, Committees, Commissions .......... 155 Div. 1. Generally ............................... 155 Div. 2. Code Enforcement ....................... 159 Subdiv. A. Code Enforcement ............... 159 Subdiv. B. Citations ........................ 169 Div. 3. Reserved................. 173 Div. 4. Urban Beautification .................... 173 Art. IV. Elections. . * 0 0 0 6 9 W 9 a 9 A * 0 6 174 Art. V. Annexations and Rezoning................... 177 Supp. No. 33 ix WINTER SPRINGS CODE Chapter Page Art, VI. Finance ................................... 177 Div. 1. Generally ............................... 177 Div. 2. Purchasing .............................. 177 Div, 3. City -Owned Personal Property ........... 178 Art. VII. Emergency Management ................... 179 Div. 1. Generally ............................... 179 Div. 2. Conditions of Emergency, . 181 Art. VIII. Jobs Growth Incentive Grant Program. 182 Art. IX. Procedures for Naming of Buildings, Parks, and Streets ................................ 186 3. Alcoholic Beverages ..................................... 203 4. Animals ................................................ 257 5. Tree Protection and Preservation, 309 App. A. U desirable Tfees .......................... 331 App. B. Desirable Trees ............................ 333 App. C. Approved Streetscape Canopy Tree Types For Streetscapes Along S.R. 434 and Tuskawilla Road, . 0 0 4 a s 6 0 0 4 0 0 0 a 0 a 6 a 6 V 0 0 4 a 0 6 a 6 a 0 d a 4 0 0 a 340 App. D. Tree Protection Area Signage ............... 341 6. Buildings and Building Regulations ...................... 365 Art. I. In General .................................. 367 Art. II. Administration ............................. 367 Div. 1. Generally ............................... 367 Div. 2. Reserved.......... 384 Art. III. Building Construction Standards ........... 384 Art. IV. Electrical, Plumbing, Mechanical and Gas ... 394 Art. V. Fences, Walls Hedges.. 394 Art. VI. Swimming Pools ........................... 396 Art. VII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit. 5 * 8 4 0 a 0 0 a * 4 0 9 a 0 5 0 398 Art. VIII. International Property Maintenance Code 401 7. Fire Prevention and Protection ........................... 433 Art. I. Fire and Emergency Medical Services......... 435 Art. II. In General ................................. 435 Art. III. Local Amendment to the Florida Fire Preven- tion Code. 436 Art. IV. Fire Hydrants .............................. 437 8. Flood Damage Prevention, . 493 Art. I. In General .................................. 497 Art. II. Administration ............................. 501 Div. 1. General ................................. 501 Div. 2. Applicability ............................ 502 Div. 3. Duties and Powers of the Floodplain Administrator ........................... 503 Div. 4. Permits ................................. 505 Div, 5. Site Plans and Construction Documents... 507 Supp. No. 33 g TABLE OF CONTENTS-00nt'd0 Chapter Page Div. 6. Inspections .............................. 509 Div. 7. Variances and Appeals ................... 510 Div. 8. Violations ............................... 512 Art. II1. Flood Resistant Development ............... 512 Div. 1. Buildings and Structures.. a * 512 Div. 2. Subdivisions, ............................ 512 Div. 3. Site Improvements, Utilities and Limita- tions .................................... 513 Div. 4. Manufactured Homes .................... 514 Div. 5. Recreational Vehicles and Park Trailers... 514 Div. 6. Tanks ................................... 515 Div. 7. Other Development ...................... 515 Div. 8. Accessory Structures. 0 a 6 *0.6 * 9 a 0 a a * a a 0 516 Div. 9. Compensatory Storage for Encroachments 516 Div. 10. Setback Standards. . 4 Poe* 96*0*01*6*6 6 0 a 0 517 9. Land Development ...................................... 555 Art. 1. In General .................................. 561 Art. II. Procedure for Securing Approval of Plats..... 569 Div. 1. Generally ............................... 569 Div. 2. Preliminary Plat ........................ 569 Div. 3. Final Plat... kato a 0 a 0 0 4 a 6 a 4 574 Art. III. Design Standards .......................... 577 Div. 1. Generally ............................... 577 Div. 2. Lots and Blocks ......................... 579 Div. 3. Streets and Alleys ....................... 580 Art. IV. Required Improvements .................... 584 Div. 1. Generally ............................... 584 Div. 2. Streets and Bridges ..................... 587 Div. 3. Sidewalks, Driveways, Curbs and Gutters. 590 Div. 4. Drainage. . W 0 6 a * * 0 4 0 9 a 824646 W*5 0 0 a & 0 0 1 9 591 Div. 5. Utilities ................................ 592.5 Div. 6. Off -Street Parking and Loading .......... 592.6 Div. 7. Dumpsters .............................. 592.13 Art. V. Design Standards ........................... 592.14 Art. VI. Excavation and Grading ................... 4 604 Art. VII. Uniform Building Numbering System ...... 606 Art. VIII. Impact Fees .............................. 608 Div. 1. Generally ............................... 608 Div. 2. Transportation Facilities ................. 608 Div. 3. Police, Fire, and Parks and Recreation. . 625 Div. 4. Reserved ................................ 631 Art. IX. Vested Rights .............................. 632 Art. X. Concurrency Administration and Evaluation Procedure .................................. 638 Div. 1. Overview and Exemptions ............... 638 Div. 2. Levels of Service Standards (LOS)........ 641 Div. 3. Concurrency Administration ............. 643 Div. 4. Appeal Procedures ....................... 644 Supp..No. 33 xi WINTER SPRINGS CODE Chapter Page Transportation Facility Proportionate Fair - Share Mitigation Program ............... 644.1 A. XI. Nonconformities ............................ 644.6 Art. XII. Minimum Community Appearance and Aesthetic Review Standards ............... 649 10. Licenses and Business Regulations ...................... 693 Art. I. In General .................................. 695 Art. II. Local Business Tax Receipts. . 695 Art. III. Sexually Oriented Businesses and Adult Entertainment Establishments ............. 696 Art. IV. Amusements ............................... 735 Art. V. Peddlers and Solicitors and Miscellaneous Sales 735 Art. VI. Secondhand Precious Metals ................ 737 Art. VII. Pain Management Clinics .................. 738 11. Miscellaneous Offenses ................................. 761 12. Motor Vehicles and Traffic .............................. 815 Art. I. In General .................................. 817 Art, I1. Administration ............................. 818 Art. III. Regulations................... 820 Div. 1. Generally ............................... 820 Div. 2. Stopping, Standing, Parking ............. 822 Div. 3. Operation of Golf Carts .................. 824 Art. IV. Red Light Code Enforcement Infraction...... 826.1 Art. V. Impoundment of Motor Vehicles .............. 829 13. Nuisances ............................................. 873 Art. I. In General .................................. 875 Art, II. Noise ...................................... 880 Div. 1. Generally ............................... 880 Div. 2. Powers and Duties of Noise Control Officer 882 Div. 3. Prohibited Acts, . 6 1601*000 66 0 0 0 883 Div. 4. Exceptions and Variances ............... 0 884 Div. 5. Sound Levels by Receiving Land Use ..... 885 Div. 6. Measurement Procedures ................ 885 Div. 7. Enforcement ...........................0 886 Art. III. Fire and Security Alarms ................... 887 Art, IV. Miscellaneous Nuisances, . a a a 889 Art. V. Public Nuisance Abatement Board ........... 890 14. Personnel. a 9 4 4 0 a * 6 1 0 a * 4 a 4 6 a a 6 0 a a 0 a t 4 a a 6 a 0 4 4 931 Art. I. In General .................................. 933 Art. II. Reserved ................................... 934 Art. III. Pension Plan .............................. 934 15. Planning .............................................. 985 Art. I. In General .................................. 987 Art. II. Comprehensive Plan ........................ 987 Art. III. Comprehensive Plan Amendments .......... 987 Supp. No. 33 xil TABLE OF CONTENTS- ont'd. Chapter Page 16. Signs and Advertising. 1041 Art. I. In General .................................. 1043 Art. II. Distribution of Handbills and Periodicals..... 1043 Art. III. Signs ...................................... 1045 Div. 1. Generally ............................... 1045 Div. 2. Standards... 6 a 0 9 4 a a 9 6 k 6 & 4 1 a a * * 1052 17. Streets, Sidewalks and Other Public Places .............. 1101 Art. I. In General .................................. 1103 Art, II. Streets ..................................... 1103 Art. III. Sidewalks ................................. 1105 Art. IV. Excavations ................................ 1105 Art. V. City Parks and Recreational Areas ........... 1106 18. Taxation ............................................... 1157 Art. I. In General .................................. 1159 Art. II. Municipal Public Service Tax ................ 1159 Art. III. Local Improvements Assessments. . 0 1 6 * a 6 4 0 0 1162 Div. 1. Generally ............................... 1162 Div. 2. Assessed Areas and Advisory Committees. 1164 Div. 3. Local Improvement Assessments ......... 1166 Div. 4. Related Service Assessments ............. 1169 Div. 5. Collection of Assessments ................ 1173 Div. 6. Issuance of Obligations .................. 1175 Div. 7. General Provisions ...................... 1176 Div. 8. Specific Special Assessment Disticts and Areas ................................... 1176 Art. IV. Fire Rescue Assessment .................... 1177 Div. 1. Introduction ............................ 1177 Div. 2. Annual Fire Rescue Assessments, ....... 4 1180 Div. 3. Collection and Use of Fire Rescue Assess - menu .................................. 1186 Div. 4. General Provisions ...................... 1189 Art. V. Municipal Service Benefit Units .............. 1189 Div. 1. Little Lake Howell Municipal Service Benefit Unit.................................... 1189 19. Utilities ............................................... 1227 Art. I. Solid Waste ................................. 1230.1 Art. II. Wastewater System ......................... 1230.2 Div. 1. Generally ............................... 1230.2 Div. 2. Administration . ......................... 1232.1 Div. 3. Use Regulations ......................... 1235 Div. 4. Rates, Fees and Charges ................. 1238 Div. 5. Sewerage Revenue Generation System.... 1251 Art. III. Reclaimed Water System ................... 1252 Art. IV. Potable Water Supply ....................... 1254.2 Div. 1. Generally ............................... 1254.2 Div. 2. Cross -Connection Control, Backflow Preven- tion..................................... 1254.2 Supp. No. 33 xiii WINTER SPRINGS CODE Chapter Page Art. V. Stormwater Management Utility. 1255 Art. VI. Water Shortage Conditions and Shortages ... 1260.7 Art. VII. Water Conservation and Landsacape Irriga- tion.....................................6 1263 Art. VIII. Utility Protection and Enforcement ........ 1266 Art. IX. Proper Use of Fertilizers, N * 0 0 1 0 0 6 9 0 0 0 0 t 0 4 9 a 1267 20. Zoning................................................0 1305 Art. I. In General .................................. 1311 Art. II. Administration ............................. 1316 Div. 1. Procedure; Land Use Decisions ........... 1316 Div. 2. Planning and Zoning Board .............. 1322.11 Div. 3. Reserved................ 6 a 0 1323 Art. III. Establishment of Districts .................. 1323 Div. 1. Generally ............................... 1323 L1V. G. 1 -1 ^r-�AA Single -Family Dwelling Districts . i325 Div. 3. R-CI Single -Family Dwelling District ..... 1326 Div. 4. R-1AA and R-1A One -Family Dwelling Districts...............................0 1327 Div. 5. R-1 One -Family Dwelling Districts ...... 0 1329 Div. 6. 11-3 Multiple -Family Dwelling Districts ... 1330 Div. 7. C-1 Neighborhood Commercial Districts .. 1331 Div. 8. C-2 General Commercial District ......... 1332.2 Div. 8.5. I-1 Light Industrial District ............ 1336 Div. 9. R-U Rural Urban Dwelling Districts ...... 1336.2 Div. 10. T-1 Trailer Home Districts .............. 1336.5 Div. 11. R-T Mobile Home Park Districts ........ 1337 Div. 12. Town Center District Code. 0 0 a 6 a 0 1 0 0 a 6 a 5 1341 Div. 13. Greeneway Interchange Zoning District.. 1344 Div. 14. CC Commerce Center Zoning District ... 1346A Div. 15. C-3 Highway 17-92 Commercial District. 1348 Art. IV. Planned Unit Developments ................ 1350 Art. V. Supplemental District Regulations ........... 1355 Div. 1. Generally ..............................0 1355 Div. 2. Motor Vehicles .......................... 1360.1 Div. 3. Siting and Regulation of Telecommunications Towers .............. 1368 Div. 4. Regulation of Home Occupations or Home Offices.................................. 1380 Art. VI. S.R. 434 Corridor Vision Plan... 6 * a 0 4 0 & 6 a Not 1382 Div. 1. S.R. 434 Corridor Overlay District........ 1382 Div. 2. General Design Standards for New Develop- ment Area .............................. 1382 Div. 3. Reserved ................................ 1386 Div. 4. Reserved, 1386 Art. VII. S.R. 434 and Tuskawilla Road Streetscape Requirements ............................. 1386 Art. VIII. Mobile Food Dispensing Vehicles .......... 1389 Code Comparative Table-1974 Code. 2091 Supp. No. 33 xlV TABLE OP CONTENTS— ont'd. Page Code Comparative Table —Ordinances ........................ 2093 State Law Reference Table .................................. 2145 Charter Index .............................................. 2197 Code Index ................................................. 3101 Supp. No. 33 xv Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 29 67 16 iii 32 77578 4 v, vi OC 79580 OC viio , vill OC 815 82 OC ix, x 33 83 4 xi, xii 33 133, 134 33 xiii, xiv 33 1355 136 33 xv 33 137, 138 33 SH:1, SH:2 25 1395140 33 SH:3 33 141, 142 33 15 2 16 143, 144 33 314 16 145, 146 33 556 16 147, 148 33 7, 8 16 1495 150 33 9510 16 1515 152 33 115 12 16 153, 154 33 13, 14 16 155, 156 33 15, 16 12 157, 158 33 175 18 12 1595 160 33 1% 20 12 161, 162 33 21 33 163, 164 33 [1] Supp. No. 33 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 165, 166 33 369, 370 19 1679 168 33 3715372 19 16% 170 33 3733374 19 1713 172 33 3755376 19 173, 174 33 377,378 26 175, 176 33 37% 380 19 177, 178 33 381,382 19 179, 180 33 383,384 29 181, 182 33 3855386 32 183, 184 33 387,388 32 1855 186 33 389,390 32 1875 188 33 391,392 32 203,204 4 393,394 32 2059206 33 395,396 32 206.1, 2062 33 397,398 32 207,208 4 399,400 32 257 OC 401,402 32 259 OC 403 32 30% 310 27 433,434 14 311,312 33 435,436 22 3135314 33 4375438 22 3153 316 33 4395440 OC 3175318 33 441,442 OC 31% 320 33 4935494 29 3213322 33 4955496 29 3235324 33 497,498 29 251326 33 4995500 29 27,328 33 5019502 29 329, 330 33 503,504 29 330.1, 330.2 33 505, 506 29 31,332 27 507,508 29 33,334 27 5095510 29 335, 336 27 5115 512 29 37,338 27 5135514 29 33% 340 27 5155 516 29 341 27 517 29 65,366 32 5555556 33 679368 19 557,558 33 [2] Supp. No. 33 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 559, 560 33 619, 620 33 611562 33 621, 622 33 563, 564 33 6235624 15 65,566 33 625,626 24 67,568 33 6275628 24 56% 570 33 6295630 24 715572 33 631,632 18 735574 33 635,636 OC 575,576 33 6375638 2 577,578 33 6395640 26 57% 580 33 641, 642 10 581,582 33 643,644 10 5835584 33 644.1, 644.2 10 585,586 33 644.35 644.4 10 587,588 33 644.5, 644.6 10 5895590 33 645,646 11 591,592 33 647,648 5 592.1, 592.2 33 64% 650 15 592.3, 592.4 33 651,652 10 592.59 592.6 33 693,694 19 592.7, 592.8 33 695,696 10 592.9, 592.10 33 696.1, 696.2 10 592611, 592.12 33 697,698 5 5920135 592.14 33 699,700 5 592.15, 592.16 33 701,702 5 5935594 OC 7035704 5 5955596 OC 7055706 10 597,598 OC 707,708 5 59% 600 OC 70% 710 10 601,602 OC 7115712 5 603,604 33 713,714 5 6055606 33 715,716 10 6075608 33 7175718 5 6095610 33 719,720 5 611,612 33 721,722 5 613,614 33 723,724 5 6155616 33 7255726 10 617,618 33 727,728 5 [3] Supp. No. 33 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 7295730 5 1041, 1042 19 7315732 10 1043, 1044 OC 733,734 10 1045, 1046 19 7353736 10 10473 1048 19 7379738 19 104% 1050 19 7615762 27 1051, 1052 20 7635764 27 1053, 1054 20 8155816 23 1055, 1056 21 8173 818 OC 1056.15 1056.2 21 819, 820 7 1056.33 1056.4 21 8215822 32 10575 1058 19 823, 824 22 1059 19 8255826 22 1101, 1102 18 826.15 826.2 21 1103, 1104 18 827,828 16 1105, 1106 18 8295830 23 11079 1108 18 831,832 23 110% 1110 18 833,834 23 11115 1112 22 873,874 30 11133 1114 22 875,876 6 1157, 1158 12 8775878 22 1158.1, 1158.2 29 879,880 30 1159, 1160 2 880.1, 880.2 30 1161, 1162 2 881, 882 26 116201, 1162.2 3 883,884 26 1163, 1164 OC 884.11 884.2 26 11659 1166 17 885,886 22 11675 1168 OC 887,888 22 1169, 1170 OC 888.1, 888.2 22 1171, 1172 OC 8895890 19 11733 1174 OC 8915892 19 1175, 1176 4 3935894 19 11775 1178 12 9313 932 33 1179, 1180 12 333934 33 1181, 1182 12 935 33 1183, 1184 12 855986 19 11853 1186 12 87,988 19 11875 1188 12 989 19 1189 29 Supp. No. 33 CHECKLIST OF UP-TO-DATE PAGES Page No. SuFP. No. Page No. Supp. No. 1227, 1228 20 13175 1318 32 122% 1230 24 131% 1320 32 1230.1, 1230.2 20 13215 1322 32 12315 1232 22 1322.1) 1322.2 32 123201) 1232.2 22 1322.3, 1322.4 32 12335 1234 OC 1322.5, 1322.6 32 1235, 1236 OC 1322*75 1322.8 32 1237, 1238 OC 1322.95 1322010 32 123% 1240 OC 13220115 1322012 32 1241, 1242 18 1323, 1324 16 1243, 1244 18 1325, 1326 20 1245, 1246 18 1327, 1328 20 1246.1, 1246.2 18 1329, 1330 20 1247, 1248 32 1331, 1332 33 1249, 1250 32 1332015 1332.2 33 1251, 1252 32 1332.3, 1332.4 33 1253, 1254 32 1333, 1334 24 1254.15 1254.2 32 1335, 1336 24 1255, 1256 16 1336* 15 1336.2 31 1257, 1258 16 1336031 1336.4 31 1259, 1260 33 1336*55 1336.6 20 12%15 1260.2 6 1337, 1338 OC 1260.35 1260.4 6 1339, 1340 OC 1260.5, 1260.6 22 1341, 1342 18 1260.75 1260.8 22 1342015 1342.2 18 12615 1262 3 1342031 1342.4 26 1263, 1264 16 1342.5, 1342.6 26 12655 1266 16 1342095 1342010 18 12671 1268 30 1342611, 1342612 18 126% 1270 30 1342.13, 1342.14 18 1271, 1272 30 13420155 1342016 33 1305, 1306 26 1342.175 1342.18 33 1307, 1308 26 1342.1% 1342*20 18 13095 1310 31 13426215 1342422 18 1310.1 31 1342023) 1342924 26 1311, 1312 32 13420255 1342026 27 1313, 1314 32 1342.27, 1342028 27 13159 1316 32 1342.2% 1342930 32 [5] Supp. No. 33 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 1342.31, 1342.32 32 1350.1, 1350.2 22 1342.33, 1342434 32 13515 1352 20 1342.35, 1342.36 27 1353, 1354 20 1342.36.1, 1342936.2 27 1355, 1356 32 1342.36.35 1342.36.4 18 1357, 1358 26 1342.36.55 134263606 18 1359, 1360 31 1342.36.7, 134203648 18 136001, 1360.2 31 1342.36.9, 1342036.10 18 1360.3, 1360.4 31 1342.36.11, 1342036412 18 13615 1362 32 1342.36.13, 1342.36.14 32 1363, 1364 26 1342.36.15, 1342.36.16 18 1365, 1366 33 1342.360175 1342.36.18 18 13675 1368 33 1342.36.1% 1342236920 18 13695 1370 33 1342.36.21, 1342.36.22 18 13715 1372 10 1342.36.23, 1342.36924 18 13739 1374 16 1342.36.25, 1342036.26 18 13755 1376 10 1342.36.27, 1342.36.28 18 13775 1378 10 1342.36.293 1342.36.30 18 137% 1380 18 1342.36.313 1342.36.32 18 13813 1382 32 13426369331 1342.36.34 18 13835 1384 32 1342.36.355 1342.36.36 18 1384.1, 1384.2 32 1342.36.37, 1342.36.38 18 1385, 1386 27 1342.36.395 1342.36.40 18 1387, 1388 27 1342.36.41, 1342.36.42 26 138% 1390 27 1342.36.439 1342.36.44 18 1391, 1392 27 1342.36.455 1342.36.46 18 1393 27 1342.36.47, 1342.36.48 18 2091, 2092 OC 1342.36A% 1342.36.50 18 2093, 2094 OC 1342.36.51, 1342.36.52 18 2095, 2096 OC 1342.36.53, 1342.36.54 18 2097, 2098 9 1342.36.55, 1342.36.56 18 2099, 2100 9 1343, 1344 26 2101, 2102 18 1344015 1344.2 26 2103, 2104 21 1345, 1346 21 2105, 2106 27 134601, 1346.2 21 2107, 2108 33 1346.3, 1346.4 21 2145, 2146 33 134731348 31 2147 33 134% 1350 31 219752198 16 Supp. No. 33 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 2199 16 31115 3112 33 3113, 3114 33 3115, 3116 33 31175 3118 33 311% 3120 33 3121, 3122 33 3123, 3124 33 3125, 3126 33 3127, 3128 33 312% 3130 33 31315 3132 33 3133, 3134 33 3135, 3136 33 3137, 3138 33 3139 33 L7] Supp. No. 33 SUPPLEMENT HISTORY TABLE Ord. No. Date Adopted Include/ "Omit Supp. No. 2019-07 5-13-19 Include 26 2019-08 5-1349 Include 26 2019-09 6-10-19 Include 26 2020-02 4-27-20 Include 27 2020-03 743-20 Include 27 2020-04 8-10-20 Include 27 2020-08 9-28-20 Include 28 2021-01 2- 8-21 Include 29 2021-02 4-12-21 Include 29 2021-04 540-21 Include 29 2021-05 8- 9-21 Include 29 2022-01 8- 8-22 Omit 30 2022-02 4-25-22 Include 30 2022-03 3-28-22 Include 30 2022-04 12-12-22 Include 30 2022-06 12-12-22 Omit 30 2022-09 942-22 Include 30 2022-10 9-12-22 Include 30 2022-11 1-23-23 Include 31 2023-01 2-27-23 Include 31 2023-05 642-23 Include 31 2023-07 1241-23 Include 32 2023-08 844-23 Include 32 2023-10 1146-23 Include 32 202343 12-11-23 Include 32 2024-01 1-22-24 Include 32 2024-05 3-11-24 Include 32 2024-07 8-26-24 Include 32 2024-08 8-26-24 Include 32 2024-14 10-14-24 Include 33 2025-01 1-27-25 Include 33 2025-02 1-27-25 Include 33 2025-03 240-25 Include 33 2025-06 444-25 Include 33 2025-07 3-31-25 Include 33 2025-08 444-25 Include 33 2025-09 5-12-25 Include 33 2025-10 542-25 Include 33 202541 5-12-25 Include 33 Supp. No. 33 SH:3 CHARTER distance of 655.47 feet through a central angle of 19°05'35"; thence South 86°29'50" East a distance of 1449.46 feet to the East line of the Moses E. Levy Grant; thence South 04°13'03" West a distance of 508.82 feet to a point on a curve concave Northerly having a radius of 654.81 feet; thence Easterly along curve a distance of 344.50 feet through a central angle of 30°08'37"; thence South 00°36' 11" East a distance of 912.73 feet to the South right-of-way line of the CSX railroad; thence North 55°19' West along said right-of-way line a distance of 577.32 feet; thence South 24027'43" West a distance of 144.70 feet to the North right-of-way line of Railroad Avenue; thence North 57'08'47" West along said North right-of-way line of Railroad Avenue a distance of 628.60 feet; thence North 85°39'35" West a distance of 643.45 feet to the East line of Gardena Farms; thence North 04°20'25" East a distance of 388.78 feet to the Point of Beginning. H. That part of Section 4, Township 21 South, Range 31 East, Seminole County, Florida described as follows: Commence at the Southeast corner of Barrington Estates, Plat Book 62, Page 80, Public Records of Seminole County, Florida; thence North 00°21'31" West, 306.84 feet to the Point of Beginning; thence South 89°51'33" West, 25.00 feet; thence North 00°21'31" West, 25.00 feet; thence North 89°51'33" East, 25.00 feet; thence South 00021'31" East to the Point of Beginning. Note: The foregoing legal description is based on the following data: 1. The City of Winter Springs Subdivision and Parcel Map dated November 2007, prepared by Southeastern Surveying. 2. Property ownership maps prepared by the Seminole County Property Appraiser for 29 sections. 3. Recorded plats of subdivisions affecting the legal description, utilizing 122 plat book pages. Supp. No. 33 21 TSS Order Number T07-F08 TSS File Number SX-7930 (Ord. No. 2008-09, § 2, 5-27-08) App. A p Ordinances Annexing Proerty to the City Since May 27, 2008 NOTE: The following are not included in the territorial description: Ord. No. Date 2008-17 9-22-08 2013-03 3-11-13 2013-07 9- 9-13 2013-12 5-12-14 2013-18 12- 9-13 2014-03 3-24-14 2015-01 2-22-16 2015-04 3-23-15 2015-09 443-15 2017-17 94847 2022-06 12-12-22 2023-02 7-10-23 2024-04 4- 8-24 [The next page is 67] Chapter 2 ADMINISTRATION* Article I. In General Sec. 2-l. Abandoned property; disposition by city. Sec. 2-2. Use of city facilities; fees. Sec. 2-3. Conservation lands-Supermajority vote required. Sec. 2-4. Conveyance of park lands-Supermajority vote required. Secs. 2-5-2-25. Reserved. Article II. City Commission Sec. 2-26. Recall of elected officials. Sec. 2-27. Rules and procedures of the city commission -Generally. Sec. 2-28. Addressing the mayor and city commission. Sec. 2-29. Additional rules of conduct. Sec. 2-30. Quasi-judicial rules and procedures of the city commission. Sec. 2-31. Savings clause; waiver of rules and procedures. Secs. 2-32-2-40. Reserved. Article III. Boards, Committees, Commissions Division 1. Generally Sec. 2-41. Appointments of boards and committees. Sec. 2-42. Time of meeting adjournment. Sec. 243. Parks, recreation and mobility committee -Creation; composi- tion; and appointment of members. Sec. 2-44. Purpose and duties. Sec. 2-45. Reserved. Sec. 2-46, Reserved. Secs. 2-47-2-55. Reserved. Division 2. Code Enforcement Subdivision A. Code Enforcement Sec. 2-56. Intent. Sec. 2-57. Definitions. Sec. 2-58. Code enforcement board and special magistrates. Sec. 2-59. Powers of code enforcement board and special magistrates. Sec. 2-60. Enforcement procedures. Sec. 2-61. Service of notice. Sec. 2-61.5. Application for satisfaction, reduction or release of code enforce- ment liens. Sec. 2-62. Scheduling and conduct of hearing. Sec. 2-63. Administrative fines; costs of repairs; and filing of liens. Sec. 2-64. Duration of lien. Sec. 2-65. Appeal of code enforcement board or special magistrate's order. *Editor's note -The city commission has by various ordinances chosen not to have certain county ordinances in effect within the city. These ordinances are on file in the city clerk's office. Cross references -Alcoholic beverages, Ch. 3; city forestry office established, § 5-2; fire department, § 7-26 et seq.; uniform street numbering system, § 9-370 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; personnel, Ch. 14; taxation, Ch. 18; utilities, Ch. 19. State law reference -Municipal home rule powers act, P.S. ch. 166. Supp. No. 33 133 Sec. 2-65.1. Sec. 2-65.2. Sec. 2-66. Sec. 2-67. Sec. 2-68. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 2-69. 2-69.1. 2-69.2, 2-69.3. 2-69.4. 2-69.5. 2-69.6, 2-69.7. 2-69.8, WINTER SPRINGS CODE Provisions are supplemental. Additional enforcement powers. Subdivision B. Cit¢tions Intent. Definitions. Designation, qualifications and training of code enforcement officers. Authority of code enforcement officers. Citation procedure. Delivery of warning notices and citations. Violation classification and civil penalty. Schedule of violations. Procedures to pay or contest citations. Citation contents. Disposition of citations and civil penalties. Provisions supplemental. Divi�ior_ 3. Roservcd Secs. 2-70-2-73. Reserved. Secs. 2474, 2475. Reserved, Division 4. Urban Beautification Sec. 2-76. Purpose and intent. Sec. 2-77. City manager's duties; use of existing city boards and commit- tees. Sec. 2-78. Master beautification plan; recommendations to city commis- sion. Secs. 2-79, 2-80. Reserved. Article IV. Elections Sec. 2-81. Election supervisor. Sec. 2-82. Proclamation. Sec. 2-83. Municipal elections to be general elections. Sec. 2-84. Determination of person elected. Sec. 2-85. Election boards. Sec. 2-86. Nonpartisanship required. Sec. 2-87. Qualification of candidates. Sec. 2-87.1. Vacancy in candidacy. Sec. 2-88. Qualifying fees. Sec. 2-89. Registration of voters. Sec. 2-90. Voting places. Sec. 2-91. Voting machines. Sec. 2-92. Absentee voting. Sec. 2-93. Canvass of return. Sec. 2-94. Applicability of Code to election where questions are submitted. Sec. 2-95. Additional duties of city clerk. Sec. 2-96. Early voting exemption. Sec. 2-97. Electronic filling of campaign finance reports required. Secs. 2-98-2-115. Reserved, Article V. Annexations and Rezoning Sec. 2-116. Annexation fees. Sec. 2-117. Waiting period for annexation or rezoning of property. Sec. 2-118. Annexation east of DeLeon Street prohibited. Supp. No. 33 134 ADMINISTRATION Secs. 2-119-2-135. Reserved, Article VI. Finance Division 1. Generally Secs. 2-136-2-150. Reserved. Division 2. Purchasing Sec. 2-151. Purchasing policy and procedure established. Sec. 2-152. When written bids are required; waiver; small purchases. Secs. 2453-2-190. Reserved. Division 3. City -Owned Personal Property Sec. 2-191. Definition of property. Sec. 2-192. Identification; record; inventory. Sec. 2-193. Property supervision and control. Sec. 2-194. Disposal of surplus property. Secs. 2-195-2-249. Reserved. Article VII. Emergency Management Division 1. Generally Sec. 2-250. Intent. Sec. 2-251. Definitions. Sec. 2-252. Applicability of provisions. Sec. 2-253. Emergency management structure. Sec. 2-254. Powers, duties, and responsibilities. Sec. 2-255. Declaration of a state of emergency. Sec. 2-256. Termination of a state of emergency. Secs. 2-257-2-260. Reserved. Division 2. Conditions of Emergency Sec. 2-261. Weather emergencies. Sec. 2-262. Public emergencies. Sec. 2-263. Fire emergencies. Sec. 2-264. Suspension of local building regulations. Sec. 2-265. Certification of emergency conditions. Secs. 2-266-2-299. Reserved. Article VIII. Jobs Growth Incentive Grant Program Sec. 2-300. Legislative findings. Secs. 2-301-2-304. Reserved. Sec. 2-305. Program requirements. Secs. 2-305-2-399. Reserved. Supp. No. 33 135 WINTER SPRINGS CODE Article IX. Procedures for Naming of Buildings, Parks, and Streets Sec. 2-400. Intent and purpose; findings. Sec. 2-401. Generally. Sec. 2-402. Naming guidelines. Sec. 2-403. Other factors. Sec. 2-404. Assistance petitions. Sec. 2-405. Minimum community support. Supp. No. 33 136 ADMINISTRATION ARTICLE I. IN GENERAL Sec. 2-1. Abandoned property; disposition by city. The disposition of lost or abandoned personal property within the city shall be pursuant to F.S. § 705.101 et seq. (Code 1974, § 9-8) Cross reference —Abandonment of motor vehicle prohibited, § 12-53. State law reference —Seized, abandoned, wrecked or derelict property, F.S. § 705.101 et seq. Sec. 2-2. Use of city facilities; fees. (a) The following fee schedule pertains to scheduled activities and use of city athletic and other facilities: YOUTH SPORTS RESIDENT NON-RESIDENT Youth Flag Football-1 game/1 practice $130 Per Season $145 Per Season (2 hrs. a wk) Tennis-1 hour lesson $ 45 Per Month $ 60 Per Month Golf-1 hour lesson $ 55 PerMonth $ 70 Per Month SPORTS CAMPS RESIDENT NON-RESIDENT Nitro Speed Camp $100 Per Session $115 Per Session Hogan Hoopsters Basketball Camp $200 Per Week $215 Per Week WSBL Basketball Camp $150 Per Week $165 Per Week ADULT SPORTS RESIDENT NON-RESIDENT Softball-1 game a wk. $400 Per Season $500 Per Season Football-1 game a wk. $400 Per Season $500 Per Season Tennis-1 hr. lesson $ 45 Per Month $ 60 Per Month Golf-1 hr. lesson $ 55 Per Month $ 70 Per Month ALL BALLFIELDS/TURF FIELDS RESIDENT NON-RESIDENT (Baseball, Softball, Soccer, Football, Lacrosse) Before 5 p.m. $20 Per Hr.* $40 Per Hr.* After 5 p.m.(includes lights) $30 Per Hr.* $45 Per Hr.* Field Prep $15 Per Hr., Per Rental $25 Per Hr., Per Rental Sports Monitor/Parks Staff $20 Per Hr., Per Field, Per Rental $30 Per Hr., Per Field, Per Rental CIVIC CENTER PROGRAMS RESIDENT NON-RESIDENT Dance Class-1'/2 hour lesson $65 Per Month $75 Per Month Line Dance-1'/z hour lesson $42-6 wk. session/$38—Seniors 6 wk. $52-6 wk. session/$48—Seniors 6 wk. session session Belly Dance-1 hour lesson $60-5 classes $70-5 classes Tae Kwon Do-1'/4 hour lesson $35 Per Month $45 Per Month Yoga-2 hour lesson $65 Per Month $75 Per Month Zumba-1 hour lesson $10 Per Class $15 Per Class RECREATIONAL CAMPS RESIDENT NON-RESIDENT Spring Break Camp $70 Per Week $90 Per Week Summer Camp Sunshine $90 Per Week $110 Per Week PAVILION RENTALS RESIDENT NON-RESIDENT Large Pavilion $50 Per 4 hour block* $70 Per 4 hour block* Medium Pavilion $40 Per 4 hour block* $60 Per 4 hour block* Small Pavilion $30 Per 4 hour block* $50 Per 4 hour block* Supp. No. 33 137 WINTER SPRINGS CODE BLUMBERG BLVD, GAZEBOS RESIDENT NON-RESIDENT Wedding Rentals $100 Per 4 hour block* * $140 Per 4 hour block* Any road closures will require a special Any road closures will require a special event permit. event permit. CIVIC CENTER RENTALS RESIDENT NON-RESIDENT 1 Hour Rental $ 79* $104* 2 Hour Rental $139* $164* 3 Hour Rental $207* $232* 4 Hour Rental $271* $296'1` 5 Hour Rental $336* $361* 8 Hour Rental $390* $415* SENIOR CENTER PROGRAMS SEMINOLE CO. RESIDENT NON-RESIDENT (Line Dancing, Jazzercise, Yoga, Bingo, Senior Center—$20 Per Year ($10 after Senior Center—$60 Per Year ($30 after TaiChi, Art Class, Computer Class, Bridge/ Oct. 1st) Oct. 1st) Canasta/Pinochle, Weekly Lunches, Senior Therapy Pool—$40 Per Year ($20 after Therapy Pool—$100 Per Year ($50 after Organization Membership) Oct. 1st) Oct. 1st) Senior Center & Therapy Pool—$5 Per Senior Center & Therapy Pool—$5 Per The Senior Organization and other Busi- Year Senior Association Registration & Year Senior Association Registration & nesses and Individuals are Senior Center Membership Membership Sponsors to cover Senior Fees for those Residents may also obtain a membership Non -Residents may also obtain a member - who cannot afford them. for the following year after October 1st. ship for the following year after October Guest Fee $5 per visit for Senior Center 1st. & Therapy Pool. Guest Fee $5 per visit for Senior Center & Therapy Pool. SPLASH PLAYGROUNDS SEMINOLE CO. RESIDENT SEMINOLE CO. NON-RESIDENT The Parks and Recreation Department $10 Per Person, per Season $10 Per Person, Per Day has a scholarship account and application $5 Per Person (after Oct. 1st) and other sponsors to cover splash playground fees for those who cannot FAMILY RATES afford them. 1st Family Member—$10 ($5 after Oct. 1st) 2nd and additional Family Members—$5 each $30 Maximum Per Family Guest/Party Rate—$5 per use, per day *Prices do not include Sales Tax (b) The "unscheduled permitted use and nonuse" fees with any associated labor charges imposed to youth user organizations and groups are nonrefundable. (c) This section shall remain in force and effect until supplemented, amended, repealed or otherwise altered. The amount of fees charged by the city as provided in this section maybe amended from time to time as deemed appropriate by the city by resolution of the city commission. (d) The city shall require the payment of all applicable state and federal taxes. (Ord. No. 635-A, §§ I—V, VII, 12-9-96; Res. No. 2002-20, §§ I —III, 7-10-00; Res. No. 2002-31, §§ I —III, 9-23-02; Res. No. 2010-01, Exh. "A," eff. 1-25-10) Supp. No. 33 138 ADMINISTRATION Sec. 2-3. Conservation lands—Supermajor- ity vote required. (a) For purposes of this section, the term "conservation land" shall mean any land conveyed or dedicated to the city for conservation or greenbelt purposes by deed, easement, plat, or some other recorded legal instrument. (b) The city will manage conservation land for the benefit of the citizens of Winter Springs. The release, conveyance, or any material change of the purpose, use, prohibitions, restrictions, or any other conservation related benefit of conserva- tion land by the city commission shall be by ordinance and require a supermajority affirma- tive vote of at least a majority plus one of the entire membership of the city commission. (Ord. No. 202444, § 2, 10-14-24) Sec. 2-4. Conveyance of park lands— Supermajority vote required. The conveyance or transfer of any land owned by the city that is identified in the city's comprehensive plan as park land shall be by ordinance and require a supermajority affirma- tive vote of at least a majority plus one of the entire membership of the city commission. (Ord. No. 2024-14, § 2, 10-14-24) Secs. 2-5-2-25. Reserved. ARTICLE II. CITY COMMISSION Sec. 2-26. Recall of elected officials. (a) Any elected public official may be recalled from office pursuant to the provisions herein set forth. (b) F.S. § 100.361 is hereby incorporated in haec verba into this section and all provisions shall be applicable to any public elected official of the city. (Code 1974, § 2-3) Cross reference —Elections, § 2-81 et seq. Sec. 2-27. Rules and procedures of the city commission —Generally. (a) Authority. The rules and procedures established under this article II are adopted in furtherance of subsection 4.13(b) of the City Supp. No. 33 Charter which provides that the city commission shall determine its own rules and order of busi- ness. The rules and procedures adopted under this article II are intended to be supplemental and in addition to other applicable provisions of law. To the extent that any provision of these rules and procedures is in conflict with the City Charter, state or federal law, the conflicting ov prisions of the City Charter, state or federal law shall prevail and apply. The rules and procedures adopted by the city commission shall not be construed or interpreted in any way to it the broad powers vested in the city commis- sion under the City Charter, article VIII, section 2(b) of the state constitution, the Florida Municipal Home Rule Powers Act, and other applicable law. (b) Agenda packets. The city manager shall have the authority to and be responsible for preparing the city commission agenda for each city commission meeting. The mayor or any city commissioner shall have the right to have a matter placed on the regular agenda for timely consideration and action by the city commission. Upon completion of the agenda packets, the city clerk shall be responsible for distributing agenda packets to the mayor, city commissioners, city manager, city attorney, city staff and the public. Agenda packets shall be made available to the mayor and each commissioner no later than Wednesday (preferably by 5:00 p.m.) prior to the commission meeting; however, when absolutely necessary or in the event of an emergency, the city manager may authorize the distribution of the agenda packets after 5:00 p.m. and may distribute any add -on agenda item(s) after the agenda has been distributed on Wednesday. To the extent that certain agenda items require the review by or distribution of documents to the mayor and city commission that are deemed confidential or exempt from public disclosure by law, the city manager will arrange for such review or distribution in a manner deemed appropriate to protect such exemption or confidentiality. 139 (c) Approval of the agenda; new business sec- tion. (1) At the commencement of each city com- mission meeting during the call to order section, the city commission shall approve, WINTER SPRINGS CODE by majority vote, the proposed agenda to be considered by the city commission at the meeting. Prior to the approval of the proposed agenda, the city commission may, by majority vote, add or remove agenda items from the proposed agenda or reorder agenda items in terms of placement on the agenda. Upon approval of the agenda, the agenda items will be considered by the city commission in the order presented on the approved agenda. (2) Unless otherwise determined by the city commission, each regular agenda shall have a new business section, in the order on the agenda approved by the city com- mission, which allows the mayor, any city commissioner, city manager or city attorney an opportunity to raise, if neces- sary, new issues not on the agenda that require discussion and potential future direction by the city commission. The new business section shall not be used to present items requiring prior public notice or hearing, for reports allowed under subsection (m), or be used as a substitute for timely placing items on the agenda prior to the agenda packet being distributed or as an add -on item as required by subsection (b). The city com- mission will not take final action on any new business item that is considered a major initiative and/or initiative that would ordinarily require significant city staff research. Persons introducing new business items are encouraged to provide background information regarding the item prior to or at the meeting in the same manner as permitted for reports under subsection (m)(4). (d) Robert's Rules of Order. Robert's Rules of Order shall be the "underlying foundation" for the conduct of commission meetings and will be followed to the extent practical and feasible and to the extent not modified by this article or as otherwise required by law. Robert's Rules of Order may be suspended by a majority vote of the city commission. The city clerk shall be Supp. No. 33 140 responsible for maintaining at least two (2) copies of Robert's Rules of Order on the dais during all city commission meetings. (e) Consent agenda. Any commissioner may request that a consent agenda item be held for separate consideration. (f) Motions. No motion shall be recognized by the chair until all commissioners and the city manager have had an opportunity to address that agenda item. (g) Motions belong to commission. Motions shall only be permitted by members of the commission. Motions, once made, and seconded, belong to the commission, not the individual nal:Iiig tii vl'i�inui Otlo- 1V o lulls Wilidll have been seconded may be withdrawn by consensus of the city commission without a formal vote. Amendments to pending motions are not required to be accepted by the maker of the pending motion. (h) Parliamentary procedure. All motions shall be considered in accordance with the Chart 1, Ranking Order and Chart II, motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). The city clerk shall be responsible for maintaining at least two (2) copies of the chart on the dais during all city commission meetings. (i) Time limits on agenda items. Unless otherwise approved by a majority vote of the city commission, each commissioner and the mayor shall be given a maximum of five (5) minutes to initially speak on an agenda item. After each commissioner and the mayor have been afforded the opportunity to initially speak on an agenda item, each commissioner and the mayor shall then be given additional time to speak in five (5) minute increments until discussion on that agenda item has been concluded. (j) Call the question. Motions to "call the question" shall require a second and a minimum two-thirds (2/) vote of the commission. (k) Starting time of meetings. Regular city commission meetings shall be scheduled to com- mence at 6:30 p.m. on the second and fourth ADMINISTRATION Monday of every month unless otherwise approved by the city commission. Special and emergency city commission meetings shall be scheduled as needed at a date and time established by the mayor, city commission or city manager, and whenever practicable, upon no less than twelve (12) hour notice provided to the mayor, city manager, city clerk, city attorney and each member of the city commission. (1) Reserved. (m) Reports. In the order on the agenda approved by the city commission, each agenda will set aside a time period for reports subject to the following protocol: (1) During reports, the mayor and each com- missioner shall be afforded an opportunity to report on various committees and groups on which they represent the city, important events of city interest and to make brief comments in general. Each report is intended to be brief and not for purposes of proposing that the city com- mission take final action or give direction on an item. Such items should be placed elsewhere on the agenda for action or direction. (2) The city manager, city attorney, and city clerk shall also be afforded a brief opportunity to report on information and various matters requiring the city com- mission's awareness or attention. (3) Unless otherwise approved by a majority vote of the city commission, each commis- sioner and the mayor shall be given a maximum of five (5) minutes to speak under reports. (4) Reporting individuals may circulate, prior to the meeting, background information that may be reported on during the meet- ing. Such information shall be provided through the city clerk's or city manager's office for distribution to the mayor and city commission in a manner similar to the distribution of agenda packets, except that the city attorney may distribute attorney -client privileged work product directly to the city manager, mayor and Supp. No. 33 city commissioners to the extent neces- sary to protect such privilege. Further, to the extent that certain information must be distributed by the city manager that is deemed confidential or exempt from public disclosure by law, such informa- tion may be distributed directly to the mayor, city commissioners, and city attorney to the extent necessary to protect such exemption or confidentiality. At the meeting, the reporting individual can present or refer to the background information in support of their report ro t (5) Reporting individuals may also present their report items in writing to be distributed at the meeting. (Ord. No. 2016-09, § 21 1040-16; Ord. No. 201&08, § 2, 1-14-19; Ord. No. 2019-01, § 2, 1-28-19; Ord. No. 2021-04, § 2, 540-21; Ord. No. 2023-01, § 2, 2-27-23) Sec. 2-28. Addressing the mayor and city commission. (a) Oral communications. Any person desir- ing to address the mayor and city commission shall first secure the permission of the presiding officer and shall state his/her name and address for the record. If such person is speaking as an authorized representative, such person shall also advise the mayor and city commission of the name of the person, group, business, or organiza- tion being represented. All remarks shall be addressed to the mayor and city commission as a body and not to any member thereof, unless permission to do so is first granted by the presiding officer or the city commission. Individual members of the public shall limit their discus- sion or comments to no more than three (3) minutes. Individuals representing a group or homeowner's association shall limit their discus- sion or comments to no more than five (5) minutes. No questions shall be asked of the mayor or a city commission member or city official except through the presiding officer. 141 (b) Written communication. Interested persons may address the mayor and city commission by written communications in regard to a matter then under discussion. WINTER SPRINGS CODE (c) Reading protests. Interested persons may on any proposition, the city commission address the mayor and city commission by read- will set aside up to thirty (30) minutes of ing of protests, petitions, or other communica- each regular, special or workshop meet- tions related to matters then being considered by ing for "delegations" (aka limited public the city commission, forum) after call to order and any awards (d) Mayor enforce time limits. The mayor shall and presentations, immediately prior to strongly enforce the directives of the city com- taking any final official action on any mission relative to disruptive members of the proposition. In addition, at its discretion, audience and time limits on public input. the city commission may set aside up to an additional thirty (30) minutes of each (e) Disruptive behavior prohibited. Disruptive regular, special or workshop meeting for behavior by members of the audience including, an additional "delegations" portion of the but not limited to, fighting, yelling, throwing or meeting at the end of each city commis - launching projectiles, audible use of electronic sion meeting. Delegations shall be subject devices (e.g., cell phones, lap tops, tablets, cameras, to other applicable provisions of the City and gaming devices), visual displays (e.g., lasers, Code. The purpose of the first delega- holo -i � ll .. b�uy.liCu, Iliu�i o V1 i tivllS, mill ulliiiiillg, U0115 pol'(lorl OI Lne meeting 1S for any flashing or other light displays), and causing person to be heard on any item on the loud noises is strictly prohibited. Cell phones or agenda, except the following items: any other ringing device must be silenced or turned off during city commission meetings. a. Emergency items, meaning an official act that must be taken to deal with (f) Certain remarks prohibited. Obscene or an emergency situation affecting the disparaging language, fighting words, or slander- public health, welfare, or safety, if ous remarks are strictly prohibited at the city compliance with F.S. § 286.0114, commission meetings. would cause an unreasonable delay (g) Non-resident and l or non -taxpayer restric- in the ability of the city commission tion. The city commission, by majority vote, may to act; decline to hear any person who is not a resident b. Ministerial items, meaning an official or taxpayer of the city, except: act involving no more than a ministe- (1) When the person is a user of the city's rial act, including, but not limited water or sewer system and wishes to be to, approval of minutes and heard on a matter related to the city's ceremonial proclamations. Ministe- sewer and/or water system. rial items also include motions or (2) When such person is a city employee who questions of parliamentary procedure that do not result in a final official wishes to be heard on a matter relating action of an item before the city to his/her employment; or commission; (3) When such person is serving as an c. Quasi-judicial items, generally mean - authorized representative for a person ing land use and other applications who would otherwise be permitted to be considered by the city commission heard on the subject matter before the requiring the application of a general city commission. rule of existing policy as more specifi- (h) Delegations. Public comment will be cally described in section 2-30 of the included on every city commission agenda under City Code; and the following conditions: d. Public hearing items, where public (1) At the beginning of each regular, special comments are taken elsewhere on or workshop meeting at which the city the agenda when the item is commission will take final official action presented. Supp. No. 33 142 ADMINISTRATION The purpose is also to allow any resident administrative staff upon proper refer - or taxpayer of the city to make his/her ral, the speaker shall have the right to views known to the city commission upon bring the matter in question before the any subject of general or public interest. city commission during the delegations Additionally, a city employee shall be portion of any subsequent city commis - permitted to address the mayor and city sion meeting. commission as to matters regarding his/ her employment, and a user of the city's (5) The city commission recognizes that sewer or water system shall be permitted delegations is for the purpose of allowing to address the city commission regarding persons to speak on propositions on the matters related to the city's sewer and/or agenda in accordance with limitations water system. and requirements set forth in F.S. § 286.0114, as well as for purposes of (2) The second discretionary "delegations" legitimate inquiries and discussion by at the end of the meeting shall be for the the public. Delegations is not for the limited purpose of allowing any resident purpose of advancing arguments or repeti- or taxpayer of the city to make his/her tious questions concerning matters which views known to the city commission upon the city commission believes to be closed any subject of general or public interest. which are not propositions requiring final Additionally, a city employee shall be official action of the commission or not of permitted to address the mayor and city general public concern. Further, it is not commission as to matters regarding his/ appropriate to readdress quasi-judicial her employment, and a user of the city's and public hearing items previously sewer or water system shall be permitted addressed by the city commission at the to address the city commission regarding same meeting. The city commission shall matters related to the city's sewer and/or have the right at any delegations to water system. decline to hear any person or any subject (3) Each person addressing the city commis- matter upon consensus, or proper motion sion during delegations shall speak for and majority vote, by the city commis - no more than three (3) minutes and a sion in accordance with law. person representing a group or homeowner's association shall speak for W Public hearings in general. The city com- no more than five (5) minutes, unless a mission shall hold a public hearing on agenda lesser or greater time is provided by a items to the extent required by law including, majority vote of the city commission. but not limited to, items related to the adoption of ordinances, adoption of the annual millage (4) If it appears that a matter presented by a and budget, and other agenda items required by speaker during delegations is administra- law. The following are intended to be general tive in nature, and the question or matter guidelines for such hearings: raised can be adequately answered or addressed by the city manager or (1) All public hearings shall be advertised in administrative staff, the city commission a newspaper of general circulation one may request, upon consensus, or proper (1) time in advance of the public hearing, motion and majority vote, that the speaker stating the date, time, place, and nature refer the matter to the city manager or of the public hearing, and the location his designee during normal city business where further information may be hours. If such a referral is made by the obtained regarding the subject matters city commission, the speaker shall have to be considered. Advertisements shall no further right to present that matter at comply with the public notice require - the meeting. If the speaker is not ments required by applicable Florida adequately satisfied by the city's Statutes and law. Supp. No. 33 143 WINTER SPRINGS CODE (2) Proposed ordinances or resolutions and notice shall be placed at city hall for public review in advance of each public hearing. (3) At the public hearing, the city attorney shall read any ordinance or resolution by title or in full, as required by general law or City Charter, for the public record, and provide general background to the item along with city staff. (4) Members of the public speaking on public hearing items, though entitled to be heard by the city commission, are not entitled to an immediate response by either arimini�tra ivn taffmomh�rc r 041T ��n2 mission members once the public �hear- ing is closed; however, commission discussion may or may not include a response. No question by the public should be addressed directly to any member of the administrative staff. (5) Public comment by individual speakers from the audience on public hearing agenda items shall be limited to three (3) minutes. Representatives of recognized groups shall be limited to five (5) minutes; and total comments on a single issue shall be limited to thirty (30) minutes. Applicants shall be limited to ten (10) minutes. The city commission may grant additional time by consensus, or majority vote, of the city commission if the complex- ity of the relevant issues addressed during the public hearing require additional public debate. The city commission by consensus, or majority vote, also reserves the right to reduce the time limits to speak if the hour of the commission meeting is late or a large number of speakers desire to speak. Only one (1) presentation per person per issue shall be allowed. (6) Speakers shall be limited to speak on the subject matter of the public hearing item. The presentation of repetitious questions or information concerning the public hear- ing item shall not be permitted. Supp. No. 33 144 (j) Public comments on propositions not on the agenda. If a proposition is considered by the city commission at a meeting which is not listed on the agenda, and consideration shall constitute final official city commission action, then the mayor will offer the public an opportunity to speak to that item before the decision is made. However, if final official city commission action on the proposition will occur at a subsequent city commission meeting, the mayor will offer the public an opportunity to speak to that item at the meeting at which the city commission takes final official action on the proposition subject to the applicable provisions of the City Code. Under this section, the term "proposition" does not include ministerial, emergency and quasi-judicial iT1a LLers as those terms are generally delined In subsection (h)(1)c. of this section. (k) Speaker cards. The city clerk will create and maintain a short form, subject to the city commission's approval, for an individual to use in order to inform the city commission of a desire to be heard during delegations and public hear- ing items; to indicate his or her support, opposi- tion, or neutrality on an agenda item or proposition before the city commission for consideration; and to indicate his or her designation of a representa- tive to speak for him or her or his or her group on an agenda item or proposition before the city commission if he or she so chooses. The form will also contain the individual's contact information for purposes of demonstrating compliance with the commission rules and procedures and follow- ing up on matters to the extent the city believes follow-up is necessary. Forms must be completed by the individual at the meeting and submitted to the city clerk, who will provide them to the mayor or the presiding city commissioner for consideration and handling during the meeting. A person submitting a form is not required to speak, but may request on the form that the mayor or the presiding city commissioner briefly note for the record their support or opposition for an agenda item or proposition before the city commission. (1) Appeals; preservation of a record. It shall be the responsibility of any person deciding to appeal any decision made by the city commission with respect to any matter considered to preserve ADMINISTRATION the record including, but not limited to, a verbatim city commission may order the immediate removal record of the proceedings and testimony and of any person from the city commission chambers evidence upon which any such appeal is to be that poses a threat to property or life safety. based. In the event that such person prepares or (Ord. No. 2016-09, § 2, 10-10-16) has prepared a verbatim transcript of the proceed- ing by a court reporter, the person shall be Sec. 2=29. Additional rules of conduct. required to provide a courtesy copy of the transcript to the city clerk for purposes of (a) The mayor and city commissioners shall adhere to the following additional rules of conduct: maintaining public records and any future appeal. (1) The proper statutory and City Charter (in) Campaign -free zone. The city commission role of a mayor and city commissioner, as chamber is hereby declared a campaign -free with any elected member of a legislative zone and visible campaign materials and speeches body, is to act collectively, not individu- shall be prohibited in the chamber during city ally, to set and/or revise and/or to apply commission meetings. Standard size the city's governing policies and that the (approximately 2 inches by 4 inches) candidate city manager and staff administer such name badges are permitted and shall not be policies. considered campaigning under this subsection. (2) The mayor and city commissioners, individually, do not manage the affairs of (n) Placards, signs, posters, flags and ban- the city. The mayor and city commission- ners. Due to the limited size and function of the ers will not intrude into daily operations city commission chambers and city hall lobby, or spheres of responsibility designated and for the safety and protection of the public by state statutes, City Code, and City attending commission meetings, the public is Charter to the city manager as the chief prohibited from bringing placards, signs, post- executive officer; or undermine the city ers, flags and banners for public display within manager's lawful authority. The city the chamber and lobby during city commission manager is responsible for administering meetings, unless a placard, sign, poster, flag or the policy direction established by a major - banner is authorized in advance by the city ity vote of the city commission and not manager or city commission to be ceremonially the policy wishes of the mayor or city presented to the city commission as part of an commissioners not acting as a governing agenda item. However, in such instances, the body by majority vote. placard, sign, poster, flag or banner shall be (3) The mayor and city commissioners properly stored and set aside until the ceremonial represent the interests of the entire city presentation in order to avoid disrupting the7kn when making decisions and will rely meeting, impeding the public's attendance, or upon available facts and their respective injuring the public in attendance. independent judgment. In their official capacity as an elected representative of (o) Enforcement; order of removal. The mayor the city, the mayor and city commission - or the presiding city commissioner shall enforce ers will avoid conflicts of interest and the rules adopted by the city commission. Any avoid using their official position for person in violation of any of the rules shall first personal, professional, or partisan gain. be given a warning of the violation. Any subsequent violations shall be cause for removal (4) The mayor and city commissioners will from the chambers by the police chief or his demonstrate dignity, respect, and courtesy designee for the remainder of the city commis- toward those whom they are in contact sion meeting by order of the mayor, the presiding with in their official capacity as either city commissioner or a majority of the city the mayor or city commissioner. The commission. Notwithstanding, the mayor, the mayor and city commissioners will refrain presiding city commissioner or a majority of the from intimidation and ridicule of others Supp. No. 33 145 WINTER SPRINGS CODI; including, but not limited to, the mayor, fellow commissioners, city manager, city attorney, staff, citizens of the city, and city utility customers. (5) The mayor and city commissioners, in their official capacity as an elected representative of the city, will refrain from inappropriate language including statements that are malicious, threaten- ing, slanderous, disparaging, mean - spirited, vulgar or abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected official and the honor of serv- ing as an elected representative of the city. (6) The mayor and city commissioners will focus on solving problems, and in doing so will maintain appropriate decorum and professional demeanor in the conduct of city business and work cooperatively and conscientiously with others as they respectively request or receive informa- tion, examine data or weigh alternatives in the decision -making process. (7) The mayor and city commissioners will demonstrate patience and refrain from demanding, interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, prepara- tion or analysis or that will result in staff neglect of urgent duties. Such requests will be made through the city manager for scheduling and prioritizing through consensus of the city commission. The mayor and city commissioners will work cooperatively with the city manager to establish reasonable parameters for such requests and access. (S) The mayor and city commissioners will devote adequate time for preparation prior to city commission meetings and as much as possible, the mayor and each member of the city commission will be in Supp. No. 33 146 attendance at such meetings and all other scheduled events where their official participation is required. (9) The mayor and city commissioners will respect diversity and encourage the open expression of divergent ideas and opinions from the mayor and fellow city commis- sioners, city manager, city attorney, staff, citizens of Winter Springs, and city util- ity customers. They will listen actively and objectively to others' concerns or constructive criticisms. (10) The mayor and city commissioners will refrain from any individual action that could compromise lawfully authorized decisions of the city or the integrity of the city and the mayor and fellow com- missioners. The mayor and city commis- sioners will delineate clearly for any audience whether they are acting or speaking as an individual citizen or in their respective capacity as a representa- tive of the city. (11) The mayor and city commissioners will maintain in confidence any privileged or confidential information provided to them by the city and will not disclose such information publicly or to any person who has not been duly authorized by the city to receive such information, unless such disclosure is duly authorized by the city commission or city manager or required by law. In addition, the mayor and city commission will refrain from copying any written privileged or confidential documents provided to them by the city and will keep such documents in safekeeping. Further, upon leaving office or upon request by the city commis- sion or city manager, the mayor and city commissioners will return to the city any privileged or confidential documents or materials provided to them by the city while serving on the city commission. For purposes of this paragraph, privileged and confidential information is only information that is deemed privileged or confidential and/or exempt from public records disclosure by law. By way of ADMINISTRATION example, and without limiting the scope Code of Ethics for Public Officers, and of the kinds of information that could be city rules and procedures and codes of privileged or confidential and/or exempt, conduct adopted by the city commission the following information is generally including, but not limited to, the rules deemed privileged or confidential and/or and procedures and code of conduct exempt from public disclosure: (i) informa- expressed in this article. tion pertaining to security systems for any property owned or leased by the city; (13) The mayor and city commissioners will (ii) risk assessment information to promote constructive relations in a posi- determine security threats to data, tive climate with all city employees, city information and information technology attorney, and city contractors and resources of the city; (iii) attorney -client consultants consistent with their official work product related to pending or reason- role on the city commission, as a means ably anticipated litigation or city claims to enhance the productivity and morale file; (iv) city commission transcripts of of the city. The mayor and city commis - attorney -client litigation sessions until sioners will support the city manager's the conclusion of litigation; (v) claims decision to employ the most qualified files regarding the city's risk manage- persons for staff positions. The mayor ment program (vi) information concern- and city commission will recognize the ing the plans, intentions, or interests of a bona fide achievements of the city private entity to located, relocate or manager, staff, city attorney, city contrac- expand its business activities within the tors and consultants, business partners, city if the private entity requests such and others sharing in, and striving to confidentiality in writing; (vii) all work achieve, the city's mission and strategic product developed by the city in prepara- objectives. tion for collective bargaining negotia- tions, and during negotiations; (viii) trade (14) The mayor and city commissioners will secrets and proprietary business informa- enhance their knowledge and ability to tion contained in records held by the city; contribute value to the city as a member (ix) certain personal identifying and health of the city commission by keeping abreast information contained in records held by of issues and trends that could affect the the city when required by law; (x) active city through reading, continuing educa- criminal intelligence information and tion and training. The mayor and city active criminal investigative informa- commissioners will study policies and tion; and (xi) any information revealing issues affecting the city, and will attend law enforcement surveillance techniques training programs if required by the city or procedures or personnel or informa- or law. A continuing goal of the mayor tion revealing the identity of a confidential and city commissioners will be to improve informant or confidential source. The their respective performance as a member mayor and city commissioners may contact of the city commission. the city manager or city attorney with any questions on whether certain informa- (15) The mayor and city commissioners will tion falls within the scope of this value and assist each other on the city paragraph. commission by exchanging ideas, concerns, (12) The mayor and city commissioners will and knowledge through lawful means of abide by all laws of the state applicable communication. Together, they will help to their official conduct on the city com- build positive community support for the mission, including but not limited to the city's mission and the policies and Government in the Sunshine Law, the strategic objectives established by the Florida Public Records Law, the Florida city commission. Supp. No. 33 147 WINTER SPRINGS CODE (16) The mayor and city commissioners will support and advocate for their respective beliefs, but will remain open to understanding the views of others. The mayor and city commissioners recognize that they each share in the responsibility for all city decisions and will accept the will of duly authorized decisions of the city commission and city electorate. (17) The mayor and city commissioners understand that their first priority as a member of the city commission will always be to look out for the best interests of the citizens of the city and the public health, safety and welfare. The mayor and city commissioners will seek to provide appropriate leadership that nurtures and motivates city citizens to be stakeholders in the affairs and achievements of the city. (18) The mayor and city commissioners will be accountable to the city commission for any violations of the rules and procedures and rules of conduct established by the city commission under this article. (b) The rules of conduct shall not be construed or interpreted in any way to abrogate, limit, or interfere with the freedom of speech or expres- sion enjoyed by the mayor or any city commis- sioner under the Constitutions of Florida and United States. Neither shall the rules of conduct be construed or interpreted in any way to abrogate, limit, or interfere with the city commission's right, as a governing body, to communicate its position on any issue or matter in accordance with law. (Ord. No. 2016-09, § 2, 1040-16; Ord. No. 2022-03, § 2, 3-28-22) Sec. 2-30. Quasi judicial rules and procedures of the city commis- sion. The city commission recognizes that certain agenda items presented to the city commission for a final decision are considered by the courts as quasi-judicial in nature. Under applicable law, quasi-judicial proceedings require the mayor and city commissioners to serve as a quasi- Supp. No. 33 148 cial decision maker. The city commission must afford due process and comply with due process requirements including, but not limited to, notice, a hearing before an impartial decision - maker, and a right to a fair and orderly hearing process where applicants and interested parties are afforded an opportunity to be heard and present evidence. The following rules and procedures are not intended to be strictly applied, but rather are intended to serve as a guide to assist the mayor and city commission with conducting a quasi-judicial hearing in accordance with the requirements of law: (1) Categories of decisions —quasi judicial defined generally. For purposes of llp /�PTu%?Yl �nb the .".vii V. v of idix" 6CC- tion, the city commission will make a variety of different types of decisions that the law classifies differently. For example, some decisions are classified legislative, executive/administrative, or quasi-judicial in nature. The decision making process employed by the city commission and scope of judicial review are markedly different for the different classifications. Quasi judicial matters are agenda items that generally require the city commission to apply a general rule of existing policy. Such agenda items include, but are not limited to, land use and other applications such as rezonings, vari- ances, special exceptions, conditional uses, special permits, site and engineering plans, and subdivisions of land and plats. (2) Legislative and executive/administrative decisions —Generally. This section is not intended to be applicable when the city commission is exercising legislative and executive/administrative decision making authority. For example, and without the intention of being a limitation on such decisions, the Florida Supreme Court has held that comprehensive plan amend- ments are considered a formulation of policy and therefore, are considered legislative actions and not quasi-judicial in nature. The adoption of an ordinance or resolution by the city commission that formulates policy is also considered a ADMINISTRATION § 2- legislative action. The approval of ing to participate in a quasi-judicial contracts, appointing of board members hearing at any time through all and the purchasing of good and services appellate proceedings even if the are executive/administrative decisions. person was permitted to participate (3) Fundamental requirements. Quasi-judicial in the hearing. proceedings shall comply with the b. An affected party who believes that minimum requirements of law. Interested they have legal standing and can parties shall at a minimum be permitted demonstrate that they have a special to be heard, present evidence, be interest and may suffer special dam - represented by counsel, and cross examine ages different in kind and degree witnesses. Decisions made by the city from that of the general public's at commission will be based on competent large, can file a party intervenor substantial evidence presented on the application with the city manager record at the hearing and based upon the requesting to be formally declared a application of applicable criteria party intervenor for purposes of established by law. presenting factual and expert testimony and evidence at the quasi- (4) Competent substantial evidence. judicial hearing. The application Competent substantial evidence has been shall be filed at least seven (7) days generally defined by the courts as such prior to the scheduled quasi judicial evidence as will establish a substantial hearing and shall state with specific - basis of fact from which the fact at issue ity the factual and legal basis on can be reasonably inferred. It is such which the party believes they have relevant evidence as a reasonable mind legal standing, and a general list of would accept as adequate to support a witnesses and evidence that the conclusion. party anticipates submitting to the (5) Burden of proof. The applicant seeking city commission. Failure to timely approval of an application has the burden file a party intervenor application of proving that the proposed application shall be deemed a waiver of the is consistent with the city's comprehensive opportunity to seek a party plan and complies with all of the intervenor determination by the city applicable substantive criteria and commission. Applications timely filed procedural requirements of the City Code will be reviewed for legal sufficiency and other applicable provisions of law. by the city attorney and presented to the city commission at the com- (6) Objectors; party intervenor applications. mencement of the hearing for a a. Persons objecting to an application determination. The city commis - must prove standing, which is the sion may limit the number of party cornerstone of their right to present intervenors or consolidate party any case against an application, intervenors for presentation Standing is subject to applicable purposes to avoid unnecessary repeti- statutory and case law. Typically, tion and delay of the quasi-judicial but not in every case, the person hearing. If the city commission seeking to prevent or overturn a grants party intervenor status to a quasi-judicial decision must show party, the party will be afforded special damages and an interest time at the hearing to present the different in kind and degree from factual and expert testimony and that of the general public's at large. evidence in accordance with subsec- The city commission reserves the tion (8) of this section. Party right to contest any person's stand- intervenors may be sworn -in as wit- Supp. No. 33 149 WINTER SPRINGS CODE nesses and shall be subject to cross- applicants and objectors may also examination by other parties or party be similarly considered competent intervenors, and shall be required substantial evidence. to qualify expert witnesses, as d. Hearsay evidence. Hearsay evidence appropriate. may be admissible provided it is (7) Rules of evidence. The strict rules of used to support other competent evidence shall not apply. However, the substantial evidence presented in city commission is required to make deci- the record before the city commis- sions on quasi-judicial agenda items based sion, on testimony and evidence that is actu- (8) Presentation of evidence. Unless otherwise ally presented on the record at the hear- required by the city commission or as ing. The following evidentiary rules should permissible in subsection (8)m. below, be considered when the city commission the following order of presentation will receives testimony and evidence at the generally occur on agenda items that are hearing: subject to a quasi-judicial hearing: a. Lay testimony. Citizen testimony is a. The mayor will briefly introduce the permissible and may constitute item (approximately three (3) competent substantial evidence so minutes). long as it is fact -based. Mere general- ized statements of opposition are to b. The city attorney shall read any be disregarded. The polling of ordinance considered by title or in citizens to determine who is "for" or full pursuant to the requirements of "against" an agenda item is not the City Charter for the public competent substantial evidence and record, present party intervenor should not be permitted at the hear- applications timely received for the ing. city commission's determination, and provide general background to the b. Records, maps and reports. Maps, agenda item to the extent necessary diagrams, reports and other official (approximately five (5) minutes). records may be competent substantial evidence in themselves c. The city administrative staff and including, but not limited to, all any staff consultants shall present official records of the city and any a summary of the application and other local, state, federal govern- agenda item and its findings, ment agencies, opinions or recommendation on that application (approximately ten (10) c. Expert testimony. The opinions and minutes). recommendations of professional city d. The applicant and any factual and staff members including, but not limited to, city planning and zoning expert witness(es) will provide staff, the city engineer, law enforce- testimony and evidence on the ment and fire personnel, and other application and matter being qualified staff members may considered (maximum fifteen (15) constitute competent substantial minutes). evidence, provided such opinions and e. Any party intervenors and any recommendations are related to the factual and expert witness(es) will city staff person's professional provide testimony and evidence on expertise and qualifications. The the application and matter being opinions of other duly qualified considered (maximum of ten (10) professionals and experts of minutes). Supp. No. 33 150 ADMINISTRATION f. To the extent that the item is a opposition to an application and public hearing, the mayor shall open agenda item shall be offered into the public hearing and invite any the record at the hearing by submit - person in attendance to speak to the ting a copy or copies of same to the issue and to present any factual or city clerk. The city clerk shall keep expert testimony (if any) relevant to one (1) copy of the documents as the matter being considered part of the record of the proceeding. (maximum three (3) minutes per It shall be the responsibility of the person or five (5) minutes per party offering the evidence to make representative of recognized groups). sure that it is received by the city If the matter is not a public hearing clerk as part of the record, and that item, objectors (not granted party- extra copies be presented to the intervenor status), proponents and mayor and city commissioners as the general public will be permitted deemed necessary or requested by to speak to the issue and to present the city commission. any factual or expert testimony k. The agenda item and any staff report relevant to the matter being presented on any application and considered (maximum three (3) all applicable city codes and minutes per person or five (5) ordinances and state and federal minutes per representative of law shall be deemed part of the recognized groups). record in all applications considered g. Cross-examination of adverse wit- by the city commission, nesses by the applicant and any party intervenors shall be permit- 1. If an applicant, party intervenor, or objector anticipates presenting, for ted during testimony to the extent the hearing record, a detailed writ - requested and necessary in further- ten report as evidence, the applicant, ance of due process requirements (maximum five (5) minutes per wit- party intervenor, or objector may ness). submit the report to the city clerk in advance of the hearing and the report h. At the close of the evidentiary will be distributed to the mayor, city presentation, the applicant and staff commission, city staff and any other will be afforded the opportunity to interested person requesting the rebut any testimony and evidence. same prior to hearing to the extent (maximum five (5) minutes each). feasible so the mayor and city com- i. At the conclusion of the rebuttal, mission and interested persons may the mayor shall close the eviden- examine the report prior to the hear- tiary portion of the hearing and the ing. Applicants, party intervenors, city commission shall deliberate and and objectors shall not submit such make a final decision on the agenda reports or any other evidentiary item. To the extent deemed neces- information directly to the mayor sary by the city commission, at its and city commission prior to the discretion, the city commission may hearing. reopen the evidentiary portion of m. The city commission recognizes that the hearing if the mayor and city in limited cases afull-blown quasi - commissioners have additional evi- judicial hearing may not be needed dentiary inquiries of the applicant, in order to ensure due process is staff or any party intervenor. satisfied before the city commission j. Any documentation presented to the takes final action on an application. city commission in support of or in Such limited cases may occur when: Supp. No. 33 151 WINTER SPRINGS CODE (i) a specific application does not require a public hearing; (ii) the application is deemed complete and supported by a city staff recom- mendation in favor of approval in accordance with applicable require- ments; (iii) the applicant concurs with the city staff recommendation; and (iv) no party intervenor or interested party has appeared at the city commission meeting to contest or seriously question the application and the recommenda- tion and competent substantial evidence contained in the city staff recommendation. In such eases. the city commission may dispense with the evidentiary presentation formali- ties set forth in this subsection (h), consider the matter informally at its discretion, and rely on the city staff recommendation as uncontested and unrebutted competent substantial evidence, and take final action in a manner deemed appropri- ate by the city commission to conduct orderly and efficient city business. n. The city commission may modify the time limits specified in this subsection (8) on its own motion or consensus or upon request of a party to the proceeding. A request for a modification of time should be considered by the city commission to assure all parties have an opportunity to participate without undue repetition and delay in furtherance of affording due process. (9) Swearing -in of witnesses. Persons present- ing evidence and expert testimony may be required to take an oath and be sworn by the city attorney, collectively or individually, in substantially the follow- ing manner: I (state witness name) swear or affirm to tell the truth, the full truth, and nothing but the truth. Supp. No. 00 152 (10) Impartial decision maker; voting conflicts. The mayor and city commissioners sit- ting in a quasi-judicial capacity will each endeavor to act in an impartial and unbiased manner when it considers quasi- judicial agenda items. The city commis- sion will base its final decision on such agenda items based upon the weight and credibility of competent substantial evidence, both direct and circumstantial, that is presented in the record at the quasi-judicial proceeding before the city commission. The mayor and city commis- sioners are each permitted to make deduc- tions and reach conclusions which reason and common sense lead them to make in furtherance of legitimate government purposes that are in the city's best interests. Decisions of the city commis- sion are made as a collective body, by majority vote, on a case -by -case basis. The mayor and city commissioners are not expected to testify at the proceeding and are not expected to engage in independent fact finding outside of the proceeding. The city commission may consider the advice of the city manager, city staff and city attorney in their respec- tive official capacities. To the extent that the mayor or any city commissioner believes that they have a voting conflict of interest on any agenda item, under F.S. § 112.3143, or other applicable law, the mayor or city commissioner with the conflict shall declare a voting conflict and recuse themselves from participat- ing in the proceeding, abstain from voting upon the agenda item, and file the applicable voting conflict form. In addi- tion, pursuant to F.S. § 286.012, the mayor or any city commissioner may abstain from voting on a quasi-judicial agenda item if the abstention is to assure a fair proceeding free from potential bias or prejudice. Ex pane communications. The mayor (11) and city commissioners will neither know- ingly initiate nor consider ex parte com- munications not disclosed on the record concerning the merits of any quasijudi- ADMINISTRATION cial application that is currently filed with the city that requires a decision by the city commission. To the extent feasible and practicable, the mayor or city com- missioners shall avoid ex parte com- munications concerning the merits of any such application. Applicants, party intervenors, and any other non -city staff persons desiring to discuss the merits of such Applications or to provide written documents that would be considered ex parte communications should be directed to contact the city manager or his or her designee responsible for processing the application. The city manager or his or her designee will be responsible for handling the discussion or written com- munication in a maimer deemed appropri- ate. The city manager or his or designee will be responsible for scheduling and conducting all meetings, and handling all official communications between the city (and its officials and employees) and applicants and party intervenors. a. Pursuant to F.S. § 286.0115, if the mayor or any city commissioner receives and/or sends ex parte com- munications regarding any applica- tion filed with the city, the mayor or any city commissioner must publicly disclose such communications before or during the hearing at which a vote is taken on the quasi-judicial matter, so that persons who have opinions contrary to those expressed in the ex parte communications are given a reasonable opportunity to refute or respond to the communica- tions. Specifically, to facilitate the mayor's and commissioner's responsibilities to disclose ex parte communications, the mayor and com- missioners shall notify the city clerk of any such communication prior to the meeting at which the applica- tion will be heard. Notification shall be provided as soon as reasonably practicable after the communica- tion occurs by either forwarding writ- ten communications to the city clerk, Supp. No. 90 153 or if a verbal communication, provid- ing the city clerk with the contact person(s) name, the date of the com- munication and the general substance of the communication. The city clerk will be responsible for maintaining a log/file of ex parte communications, if any, for each pending application. The mayor and commissioners shall be responsible for keeping their ex parte com- munications contained in the log/ file updated and current. The city clerk's log/file, and any other ex parte communications which the mayor and commissioners may not have had an opportunity to provide to the city clerk prior to the hearing, wilI be placed on the record at the hearing. b. This subsection (11) is not intended to prohibit the mayor and city com- missioners from making official inquiries of, or obtaining advice from, the city manager, city staff and city attorney in their respective official capacities. c. This subsection (11) is not intended to preclude the mayor and city com- missioners from communicating with constituents and members of the public regarding the general existence or status of any applica- tion nor preclude the mayor or any city commissioner from attending community or homeowner's associa- tion meetings which are generally open to city residents and constituents at which an applica- tion may be discussed. In such circumstances, the mayor and city commissioners will neither know- ingly initiate nor participate in ex parte communications regarding the merits of any application. (12) Continuance of hearings. By majority vote of the city commission, the city commission may continue a quasi-judicial hearing on its own initiative or the request WINTER SPRINGS CODE of city staff, the applicant or any interested be provided to the applicant and party with standing in order to allow other interested parties upon additional time to gather additional request; or relevant evidence to be presented to the c. Pursuant to other requirements of commission at a subsequent meeting. law; or (13) Written orders of final decisions. Final d. If notice is not required by subsec- decisions made by the city commission tions a., b. or c. above, city staff regarding quasi-judicial applications and may provide a courtesy notice to the agenda items shall be made verbally by applicant of the city commission's motion and roll call majority vote, but in final decision. some cases shall also be memorialized in a separate writing as follows: (14) Supplemental quasi-judicial rules. To the extent necessary, the city commission a. Pursuant to F.S. § 166.033, when may adopt or employ at a particular the city commission denies an hearing supplemental quasi judicial rules application for a development permit, of procedure which shall apply to quasi- U. ' ., ! ,l r "s Ali"`e ii `5 "cllueu in 11906 judicial matters consistent with the § 16303164, city staff is directed to requirements of law. prepare and send written notice to the applicant based on the city com- (15) Advisory hearing officer. The city commis - mission's decision. The notice must sion may, at its discretion, appoint an include a citation to the applicable independent, advisory hearing officer to portions of an ordinance, rule, conduct a quasi-judicial hearing under statute, or other legal authority on this section for purposes of recommend - which the city commission based ing a written order regarding any applica- the denial of the permit, which may tion. The written order will contain be contained in the agenda item recommended findings of fact and conclu- presented by city staff. "Develop- sions of law. The hearing officer shall be ment permit" includes any building a member of the Florida Bar in good permit, zoning permit, subdivision standing for five (5) or more years, and approval, rezoning, certification, must demonstrate satisfactory knowledge special exception, variance, or any of municipal law and quasi-judicial other official action of local govern- proceedings. ment having the effect of permitting (Ord. No. 2016-09, § 2, 1040-16; Ord. No. the development of land; or 2023-08) § 21 8-14-23) b. By majority vote of the city commis- Sec. 2-31. Savings clause; waiver of rules sion, the city commission may direct and procedures. the city attorney to prepare a proposed order, which will include This article II is adopted for the sole benefit of findings of fact and conclusions of the mayor and city commission for purposes of law, for the commission to consider conducting orderly and efficient meetings. No as final commission official action person shall have any claim, right, or privilege on a quasi judicial matter. If such whatsoever against the city or any of its mayor, direction is given to the city attorney, city commissioners, officials and employees by the hearing will be continued to virtue of the provisions of this article II. The another city commission meeting at failure of the mayor, city commissioners, city which the commission will consider commission or any city official and employee to adopting the proposed order as abide by any of the rules and procedures contained presented or modified by commis- under this article II shall not have any adverse sion. A copy of the final order will or negative effect on any decision made by the Supp. No. 33 154 ADMINISTRATION city commission. It is the intent and purposes of this section to provide that a violation of any of the specific rules and procedures set forth in this article shall not be, in and of itself, a legal basis to bring any cause of action against the city and its officials and employees or challenge or nullify an otherwise lawful action of the city commis- sion. This article II shall not be construed or interpreted as the city consenting to be sued by any third party including, but not limited to, any applicant, party intervenor, objector, or any other person if compliance with the provisions of this article does not occur. The city commission reserves the right to expressly or impliedly waive the application of any provision of this article in its discretion. (Ord. No. 2016-09, § 2, 10-1046) Secs. 2-32-2-40. Reserved. ARTICLE III. BOARDS, COMMITTEES, COMMISSIONS* DIVISION 1. GENERALLY Sec. 2-41. Appointments of boards and committees. (a) Purpose. The purpose of this section is to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city. The purpose of this section is also to establish uniform and consistent procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof, and for conducting board and committee business. To the extent the provisions of this section conflict with other provisions of this Code, it is the intent of the city commission that the provi- sions of this section shall prevail. *Cross references —Site plan review board, § 9-342 et seq.; planning and zoning board, § 20-51 et seq.; board of adjustment, § 20-76 et seq. (b) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the following meaning: "Resident" shall mean any person living within the city limits at all times while serving on said board or committee, and at least six (6) months prior to being nominated, elected or appointed to the board or committee. (c) Requirements of board and committee members. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following requirements, except as otherwise provided by state or federal law: S11pp. Mn 33 155 (1) Complete a board or committee applica- tion as prescribed by the city commis- sion; (2) Consent to a standard criminal background check; (3) Be duly registered to vote in Seminole County; (4) Be a resident as defined in this section; and (5) Has never been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction, any plea of nolo conten- dere shall be considered a conviction for purposes of this paragraph. (d) Appointment of members. Unless otherwise required by state or federal law, or specifically provided otherwise in the Code, each city board and committee shall be comprised of at least five seats numbered one, two, three, four and five, and appointments shall be as follows: (1) Each city commissioner shall appoint one member to the seat on each city board or committee that corresponds to the city commissioner's seat. Appoint- ments shall be made within thirty (30) days of the expiration of the prior term for that seat. If an appointment is not made within such thirty -day time period, the appointment shall be made by a majority vote of the commission. The city § 2-4 WINTER SPRINGS CODE commission may accept appointments made by any commissioner or the mayor regardless of seat number. (2) For any seat not corresponding to a commission seat number, the city com- mission may accept appointments made by any commissioner or the mayor regard- less of seat number. (3) All appointments to a city board or com- mittee are not effective until the appoint- ment is ratified by majority vote of the city commission. (4) Aboard or committee appointment shall not be construed as creating or confer- ring, upon a Person, anv rif-ht or interest in serving on a board or committee includ- ing, but not limited to a contract, liberty, property or vested right. (e) Renzoual of members. hoard and commit- tee members shall serve at the pleasure of the city commission and may be summarily removed at any time with or without cause. If a member is removed, or vacates their appointment for any reason, including death, excessive absences, or resignation, prior to the expiration of their term, such vacancies in the board shall be filled by the city commission member whose seat number corresponds with the vacant board seat subject to commission ratification, for the unexpired term of such vacancy. If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commis- sion. (f) Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve four-year terms and may be reappointed for subsequent four-year terms. All board and committee members shall be limited to three (3) consecutive full terms of office on any one board or committee. (g) Absences. Unless otherwise provided by state or federal law, any board or committee member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or committee, or seven (7) absences from any meeting of the board or committee within a Supp. No. 33 156 twelve-month period (starting with the last absence and counting backward), shall be deemed automatically removed from the respective board or committee on which the absences have occurred. However, for boards and committees that regularly meet on a quarterly or less frequent basis, the number of absences which shall cause automatic removal shall be two (2) consecutive absences from any regularly scheduled meeting of the board or committee, or two (2) absences from any meeting within a twelve-month period. Any meet - which is cancelled, other than for lack of a quorum, shall not be counted for purposes of determining absenteeism. Absences which occurred prior to the date of reappointment of any board or committee member shall not be counted toward automatic removal. (h) Chairmanships. Unelss otherwise provided by state or federal law, each board and commit- tee shall be responsible to elect, by majority vote of the members of each board or committee, a chairperson and vice -chairperson. The election shall occur annually at the first meeting held in January, unless there is no January meeting, then the next meeting held. All newly established boards and committees shall make such elec- tions at their regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chairperson or deputy -chairperson. (i) Alternate members. At the discretion of the city commission, two (2) alternate members may be appointed to each City of Winter Springs board or committee, unless otherwise provided by law. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be permitted to vote on matters before the board or committee unless they have assumed the duties of an absent regular member. The member of the board who has served longer as an alternate member shall be the first alternate board member. If the first alternate member leaves the board or is appointed a regular board member, the successor to the first alternate board member shall be that alternate board ADMINISTRATION member with the longer service as an alternate member. The next appointed alternate member shall be designated as the second alternate board member. In the absence of a regular member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at that meeting. If two (2) or more regular board members are absent from an official board meeting, the second alternate member shall assume all duties of an absent regular member, including the right to vote on any matter before the board at that meeting. In the absence of the first alternate board member from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at that meeting. (j) Multiple board or committee membership. No member of any appointed board or committee of the City of Winter Springs shall be allowed to serve on more than one such board or committee at a time, with the exception of appointments to ad hoc committees of temporary duration. Any board or committee member, at the time of the effective date of this subsection [Jan. 14, 2002] who is a member of more than one (1) board or committee, may continue to serve on each such board or committee until the expiration of the current term of each respective board, the member resigns from such board or committee, or is removed, in accordance with this chapter, from any such board or committee. (Ord. No. 2001-49, § 2, 10-8-01; Ord, No. 2001- 61, § 2, 1-14-02; Ord. No. 2002-28, § 2, 9-23-02; Ord. No. 2005-31, § 2, 11-28-05; Ord, No. 2010- 14, § 2, 5-24-10; Ord, No. 2012-08, § 2, 5-2942) Note —Formerly numbered as § 2-42. Sec. 242. Time of meeting adjournment. Unless sooner adjourned by majority vote of the board or committee, the chairperson shall adjourn the board or committee meeting at 10:00 .in. However, by a two-thirds (2/3) vote of the present members of the board or committee, a board or committee meeting may be extended Supp. No. 33 beyond 10:00 p.m. in time increments or to handle any specific agenda item(s). The failure of any city board or committee, or chairperson thereof, to abide by this rule shall not have any adverse effect on any final decision made by majority vote of such board or committee. (Ord. No. 2011-05, § 2, 2-28-11) Editor's note —Ord. No. 2011-05, § 2, adopted Feb. 28, 2011, amended the Code by adding provisions designated as § 2-43. In order to avoid conflicts in section numbering the editor renumbered former § 2-42 as § 2-41 and added the provisions of Ord. No. 2011-05 as § 2-42. Sec. 2-43. Parks, recreation and mobility committee —Creation; composi- tion; and appointment of members. (a) The city hereby creates a parks, recreation, anI mobility committee. (b) The committee shall have seven (7) members and membership on the committee shall be in accordance with section 241 of this Code, except as expressly provided in this sec- tion. Each city commissioner shall, by seat, appoint one (1) member to the committee. The committee shall also have two (2) at -large members. The presence of four (4) or more members of the committee shall constitute a 157 quorum. (1) The term of each committee member assigned by seat number shall be retroactively staggered to run concurrently with the same corresponding city commissioner seat, except that the committee member term shall expire on February 1 immediately following the expiration of the term of the corresponding city commis- sioner seat. Thereafter, all appointments shall remain staggered and shall be made for a term of four years. (2) The initial terms of each at -large commit- tee member shall be staggered, with the term of the at -large seat 01 initial appointment expiring on December 31, 2027, and the term of the at -large seat 02 initial appointment expiring on December 31, 2028. Thereafter, all appoint- ments shall remain staggered and shall be made for a term of four years. WINTER SPRINGS CODE (c) Appointees to the committee shall have knowledge of and experience or interest in one or more of the following, as determined by applica- tion: (1) the planning and implementation of a city interconnected trail and bicycle system network; (2) the planning and implementation of city parks and recreational facilities; or (3) the planning, implementation, and integration of multimodal transportation options in the city. (d) The committee shall conduct four (4) regular meetings each year, on a quarterly basis, and may conduct additional special meetings as may be necessary to properly perform its duties and functions. (e) In addition to rules and/or bylaws that may be established by the city commission, the committee may establish rules and/or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and/or bylaws are not inconsistent with federal and state law, the City Code, or the direction of the city commission. (Ord. No. 2025-08, § 3, 4-14-25) Editor's note —Ord. No. 2025-08, § 3, adopted April 14, 2025, repealed the former § 2-43, and enacted a new § 2-43 as set out herein. The former § 2-43 pertained to bicycle and pedestrian advisory committee —creation; composition; appoint- ment of members and derived from Ord. No. 2010-06, § 2, adopted Aug. 23, 2010; and Ord. No. 2015-12, § 2, adopted April 27, 2015. Sec. 2-44. Purpose and duties. (a) The purpose of the committee shall be as follows: (1) The committee shall, pursuant to recreation and open space element policy 1.1.2 of the city's comprehensive plan, work to review parks and recreation facilities and programs and make appropriate recommendations to the city commission. (2) The committee shall, pursuant to transportation element policy 1.5.18 of the city's comprehensive plan, pursue planning and implementation of an interconnected trail, pedestrian, and bicycle circulation system, encourage increased use of nonmotorized transporta- Supp. No. 33 158 tion in the city, and make appropriate recommendations to the city commission. (3) The committee shall pursue the plan- ning, integration, and implementation of a variety of multimodal transportation options in the city and make appropriate recommendations to the city commission. (b) Upon request of the city commission or city staff, or upon its own initiative, the commit - shall perform the following duties: (1) Serve as an advocate for the adoption of a trail and bicycle system master plan for the city. (2) Advise and assist the city with master ".� iill�ut`vv'� resai'uilg l Nariib, ' iulll recreation, and multimodal transporta- tion initiated by the city commission or city staff. (3) Advise and assist the city commission and city staff with developing and maintaining a parks, recreation, and mul- timodal transportation master plan. (4) Serve as an advocate for the expansion and diversification of multimodal transportation options in the city. (5) Advise and assist the parks and recreation director, as well as other city staff and the city commission as needed, in mat- ters involving or affecting city parks and recreation. (6) Keep the parks and recreation director, as well as other city staff, and the city commission, as needed, informed of the status and progress of recreational parks services, plans, special events, fundrais- ers, and activities. (7) Advise and make recommendations to the parks and recreation director, as well as other city staff and the city commis- sion, as needed, regarding the promotion of citizen participation in recreation and park programs and the distribution of information about leisure activities offered by the city. (8) Assist the parks and recreation director, as well as other city staff and the city ADMINISTRATION commission, as needed, in the implementation of the goals, objectives, and policies of the recreation and open space element of the city's comprehensive pIan. (9) Advise city staff and the city commission, as needed, in the implementation of the goals, objectives, and policies of the mul- timodal transportation element of the city's comprehensive plan. (10) Promote pedestrian and bicycle travel, as well as other forms of multimodal transportation, as viable transportation choices to connect neighborhoods with parks, schools, commercial areas, and other destinations in the city and sur- rounding areas. (11) Assist with identifying funding sources and implementation strategies which further the development of an intercon- nected network of trails, sidewalks, and bikeways within the city. (12) Assist with identifying funding sources and implementation strategies which further the expansion and diversification of multimodal transportation options in the city. (13) Make recommendations to the city com- mission concerning the establishment, planning, funding, and maintenance of specific trail, sidewalk, bicycle projects, parks, and recreation projects. (14) Consider all matters submitted to it by the city commission or city staff. (15) Receive petitions and suggestions from the citizens of the city related to the purpose of the committee. (16) Cooperate with civic groups, governmental agencies, and other organizations regard- ing trail, sidewalk, bicycle, multimodal transportation, parks, and recreational planning and implementation. (Ord. No. 2025-08, § 3, 444-25) Editor's note -Ord. No. 2025-08, § 3, adopted April 14, 2025, repealed the former § 2-43, and enacted a new § 2-43 as Supp. No. 33 set out herein. The former § 2-44 pertained to similar subject matter and derived from Ord. No. 2010-06, § 2, adopted Aug. 23, 2010. Sec. 2-45. Reserved. Editor's note -Ord. No. 2025-08, § 2, adopted April 14, 2025, repealed § 2-45, which pertained to parks and recreation advisory committee -Creation; composition; appointment of members and derived from Ord. No. 2010-07, § 2, adopted Aug. 23, 2010; and Ord. No. 2015-12, § 3, adopted April 27, 2015. Sec. 2-46. Reserved. Editor's note -Ord. No. 2025-08, § 2, adopted April 14, 2025, repealed § 2-46, which pertained to purpose and duties and derived from Ord. No. 2010-07, § 2, adopted Aug. 23, 2010. Secs. 2-47-2-55. Reserved. DIVISION 2. CODE ENFORCEMENT* Subdivision A. Code Enforcementl' Sec. 2-56. Intent. It is the intent of this subdivision to promote, protect, and improve the health, safety, and welfare of the citizens of the City of Winter Springs, Florida, by authorizing the creation of a code enforcement board and designation of special magistrates with the authority to impose administrative fines and other noncriminal penal- ties to provide an equitable, expeditious, effec- tive, and inexpensive method of enforcing the codes and ordinances of the city where a pending or repeated violation continues to exist. The code 159 *Cross references -Animals, Ch. 4; arbor, Ch. 5; build- 0and building regulations, h. 6; fire prevention and protection, Ch. 7; flood damage prevention, Ch. 8; land development, Ch. 9; licenses and business regulations, Ch. 10; nuisances, Ch. 13; planning, Ch. 15; signs and advertis- ing, Ch. 16; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; zoning, Ch. 20. State law reference -Code enforcement boards, F.S. Ch. 162. 'Editor's note -Ord. No. 2015-22, §§ 2(Exh. A), 3, adopted Oct. 26, 2015, repealed former Subdiv. A, §§ 2-56- 2-65, in its entirety and enacted new provisions as herein set out. Former Subdiv. A pertained to the code board and derived from the Code of 1974, §§ 2-51-2-57, 2-59; Ord. No. 2002-28, § 2, 9-23-02; Ord. No. 2005-26, § 2, 9-12-05; Ord. No. 2010-14, § 27 5-24-10. WINTER SPRINGS CODE enforcement board and designated special magistrates shall have the same status under Chapter 162, Part 1, Florida Statutes, and this subdivision. This subdivision is intended to be supplemental and additional authority and not intended to prevent or prohibit the City from enforcing or obtaining compliance with City Codes by any other lawful means. (Ord. No. 2015-22, § 3, 10-2645) Sec. 2-57. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City Manager means the city manager or the acting city manager in the city manager's absence or the city manager's designee, who shall be required to be so designated by the city manager III writing. Code means collectively the City of Winter Springs Code of Ordinances and any statute, code, rule, ordinance, or regulation incorporated into the Code by reference. Code enforcement board shall be a board created pursuant to section 2-58(a) of this subdivi- sion. Code enforcement officer means any authorized agent or employee of the city who has been designated by the city manager to enforce the city's Code and ordinances. Repeat violation means a violation of a provi- sion of the Code by a person who has been previously found through a code enforcement board or a special magistrate, to have violated the same provision of the Code. A repeat viola- tion can occur only after correction of the previ- ous violation has been made. Special magistrate means an individual designated and determined to be qualified by the city commission pursuant to Section 2-58 of this subdivision. Uncorrectable violation means a violation which is irreparable or irreversible in nature and which cannot be remedied after the violation has been Supp. No. 33 160 committed because the violation constitutes a single prohibited act rather than an ongoing condition or circumstance. Violator means that person or entity responsible for a violation of the Code (the property owner, tenant, or business entity on the premises, or any combination thereof) and may include the property owner on whose property the violation occurs regardless of who commits the violation. (Ord. No. 2015-22, § 3, 10-26-15) Sec. 2-58. Code enforcement board and special magistrates. (a) Code enforcement board. (1) The code enforcement hoard shall consist. of seven (7) members to be appointed by the city commission to seats numbered one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) in accordance with section 2-41 of the City Code. Appointments to the board shall be on the basis of experience or interest related to the subject matter jurisdiction of the board. The membership of the code enforcement board shall be limited to residents of the city, and whenever pos- sible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. (2) The members of the code enforcement board shall elect a chairman from among its members who shall be a voting member. The presence of four (4) or more members shall constitute a quorum of the enforce- ment board. Members shall serve without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the city commission or otherwise as provided by law. (3) The members of the code enforcement board shall serve in accordance with the City Code and may be suspended and removed for cause as provided in section 2-41 of the City Code. In addition, if any member fails to attend two of three suc- cessive meetings without cause and ADMINISTRATION § 2-00 without prior approval of the chair, the manager shall be responsible for negotiat- code enforcement board shall declare the ing and executing a contract on behalf of member's office vacant and refer the the city with the special magistrate and vacancy to the city commission who shall the special magistrate may be promptly fill the vacancy. compensated at a rate to be agreed upon (4) Unless a code enforcement case has been in the contract The contract will be in a assigned to a special magistrate in form prepared and approved by the city accordance with section 2-58(b)(5), or attorney. subject to a civil citation pursuant to subdivision B of this division 2, or (4) The city attorney may attend the code otherwise being prosecuted by the city enforcement hearings conducted by the pursuant to some other lawful means, special magistrate and represent City code enforcement officers shall notice staff in the presentation of cases, or the code enforcement cases before the code code enforcement officer may present enforcement board. cases, at the option of the city manager (5) Unless otherwise directed by the city depending upon the substance and commission, the city attorney's office shall complexities of any given case. To the serve as counsel to the code enforcement extent necessary and consistent with the board. city's interests to ensure compliance with City Codes, the city attorney will defend (b) Special magistrates. final orders of the special magistrate (1) The city commission may appoint one (1) which are appealed by violators to a or more special magistrates. Appoint- court of competent jurisdiction. ments shall be made in the sole discre- tion of the city commission in accordance (5) Special magistrates shall handle code with applicable law on the basis of experi- enforcement cases expressly required by ence or interest in the subject matter the City Code, or cases noticed for hear - jurisdiction of the violations. ing by a code enforcement officer, provided (2) Appointments shall be made for a term of the city manager has authorized the code one (1) year and may be renewed annu- enforcement officer to notice a particular ally. Special magistrates may be reap- case before a special magistrate. pointed at the discretion of the city commission. Special magistrates may be suspended and removed with or without (c) Jurisdiction. Once jurisdiction of the code cause by the commission. Appointments enforcement board system or special magistrate to fill any vacancy shall be for the system is invoked for a particular code enforce - remainder of the unexpired term. ment violation, jurisdiction regarding the viola- (3) Special magistrates shall be members of tion shall remain with the system invoked until the Florida Bar in good standing for five the violation has been finally adjudicated. (5) or more years. The special magistrate Jurisdiction shall be determined by delivery of a must demonstrate satisfactory knowledge notice of violation to the violator which identifies of municipal law and the general whether the violation will proceed to a hearing procedures for enforcement of municipal under the code enforcement board system or a codes, and must demonstrate a tempera- special magistrate system. It is the intent and ment suitable for the exercise of quasi- purpose of this subsection to prohibit a particular judicial powers vested in each special code enforcement violation from proceeding under magistrate. Special magistrates shall not two different code enforcement systems. be city employees or officers. The city (Ord. No. 2015-22, § 3, 10-26-15) Supp. No. 33 161 WINTER SPRINGS CODE Sec. 2-59. Powers of code enforcement board and special magistrates. The code enforcement board and Special magistrates shall have the power to: (a) Hear and decide violations of the Code. (b) Adopt rules for the conduct of hearings. (c) Subpoena alleged violators and nesses for hearings; subpoenas shall be served by the county sheriff, the city police department or by the city staff. (d) Subpoena evidence deemed relevant to hearings. (e) Take testimony under oath. (i� tissess and order the payment of civil penalties as provided herein. (g) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. (Ord. No. 2015-22, § 3, 10-26-15) Sec. 2-60. Enforcement procedures. (a) Code enforcement officers shall have the authority to initiate code enforcement proceed- ings as provided in this subdivision. The code enforcement board and special magistrates shall not have such authority. (b) Except as provided herein, a code enforce- ment officer who finds a violation of the Code shall issue a notice to the violator stating that the violator has committed a violation of the Code. The notice shall specify a reasonable time period within which the violator must correct the violation. This determination shall be based on considerations of fairness; practicability; ease of correction; ability to correct; severity of violation; nature, extent and probability of danger or damage to the public; and other relevant factors relating to the reasonableness of the time period prescribed. (c) If, upon personal investigation, a code enforcement officer finds that the violator has not corrected the violation within the time period specified in the notice, the code enforcement officer shall notify the code enforcement board or special magistrate, as applicable, and request a Supp. No. 33 162 hearing. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code enforce- ment officer, the case may be presented to the special magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state. (d) If a repeat violation is found, the code enforcement officer shall issue a notice to the violator but is not required to give the violator a reasonable time to correct the violation. The code enforcement officer, upon notifying the viola- tor of a repeat violation, shall notify the code enforcement board or special magistrate, as applicable, and request a hearing. The case may be i; esei Ltu, u une code enforcement board or special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement board or special magistrate retains the right to schedule a hearing to determine costs and impose the pay- ment of reasonable enforcement fees upon the repeat violator. (e) If a code enforcement officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare, or if the violation is an uncorrectable violation, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately request a hearing. (f) If the owner of property that is subject to an enforcement proceeding before the code enforce- ment board or special magistrate transfers owner- ship of such property between the time the initial pleading was served and the time of the hearing, such owner shall: (1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (2) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforce- ment proceeding received by the transf- eror. ADMINISTRATION (3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable Code provision and with orders issued in the code enforcement proceed- ing. (4) File a notice with the code enforcement board or special magistrate, as applicable, of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. A failure to make the disclosures described in subsections (1), (2), and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. person of the contents of the notice. In the case of commercial premises, leaving the notice with the manager or other person in charge. (b) In addition to providing notice as set forth in subsection (a), at the option of the code enforcement board or special magistrate, as applicable, or the code enforcement officer, notice may also be served by publication or posting as follows: (1) Such notice shall be published once during each week for four (4) consecutive weeks, with four (4) publications being suf- ficient, in a newspaper of general circula- tion in the city. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. (2) Proof of publication shall be made as provided in §§ 50.041 and 50.051, Florida Statutes. (g) Nothing herein shall prohibit a violator's (3) In lieu of publication as described in from waiving his or her rights to the hearing subsection (1) above, such notice may be requiredposted for at least ten days in at least by this section and entering into a two locations, one of which shall be the pre -hearing code enforcement settlement agree- ment, which must be memorialized in writing property upon which the violation is and executed by the violator and city manager. alleged to exist and the other of which Such agreements may include terms and condi- shall be at city hall. Proof of posting bons to bring the violation into compliance, shall be by affidavit of the person posting impose and require payment of an agreed upon the notice, which affidavit shall include a penalty and reimbursement of costs incurred by copy of the notice posted and the date the city related to the violation, and other terms and places of its posting. and conditions deemed necessary to settle the (4) Notice by publication or posting may run violation. concurrently with, or may follow, an (Ord. No. 2015-22, § 3, 10-26-15) attempt to provide notice by hand delivery or by mail as required under subsection Sec. 2-61. Service of notice. (a)• (a) All notices required in this subdivision (c) Evidence that an attempt has been made shall be provided to the alleged violator by to hand deliver or mail notice as provided in certified mail, return receipt requested; by hand Subsection (a) together with proof of publication delivery by the sheriff or law enforcement officer or posting as provided in subsection (b) shall be of the city, code enforcement officer, or other sufficient to show that the notice requirement, of person designated by the city commission; or by this part has been met, without regard to whether leaving the notice at the violator's usual place of or not the alleged Violator actually received the residence with any person residing therein who notice. is above 15 years of age and informing such (Ord. No. 2015-22, § 3, 10-26-15) Supp. No. 33 163 WINTER SPRINGS CODE Sec. 2-61.5. Application for satisfaction, (5) The reasons, if any, compliance was not reduction, or release of code obtained prior to the order of penalty or enforcement liens, fine being recorded; (a) Where a certified copy of an order impos- ing a penalty or fine, as described in this divi- sion, has been recorded in the public records of Seminole County, Florida, and has become a lien against the land and/or property of the violator, such violator, or the violator's successors or assigns, who has an ownership interest in the encumbered property (collectively the "applicant") may apply for a satisfaction, reduction, or release, of such lien as follows: (1) Upon full payment by the applicant of the fine or penalty unposed in accordance with this division, the city manager is hereby authorized to execute and record on behalf of the city a satisfaction of lien in the public records of Seminole County, Florida. The applicant shall be responsible for paying all costs of recording. (2) Upon request for a reduction or release of a fine or penalty imposed in accordance with this division, the applicant shall submit a written application to the city manager or designee. (b) The application for reduction or release of lien shall be in written form, typed or handwrit- ten, by the applicant and shall be submitted to the city manager, or designee. The application shall be executed under oath and sworn to in the presence of a notary public, and shall include, but may not be limited to, the following: (1) A copy of the order imposing a lien upon the property including the code enforce- ment case number; (2) The date upon which the applicant brought the subject property into compli- ance with the Code; (3) The factual basis upon which the applicant believes the application for release or reduction of lien should be granted; (4) The terms upon which the release or reduction of lien should be granted; Supp. No. 33 164 (6) The reduction in penalty or fine sought by the applicant; (7) A statement verifying whether the applicant was issued any title policy or policies for the subject property encumbered by the lien after the date the lien was recorded in the public records of Seminole County, Florida. If such a policy or policies were issued to the applicant, a copy of any such title policy shall be submitted with the application; (8) Any other information which the applicant deems pertinent to the request, includ- ing but not limited to the circumstances that exist which would warrant the reduc- tion or satisfaction of the penalty or fine. (c) The applicant shall submit, at the time of application, payment to the city in the amount necessary to reimburse the city for its costs associated with recording the order imposing a penalty or fine and the requested reduction or release of lien. These costs are nonrefundable, without regard for the final disposition of the application. (d) Upon receipt of the application for reduc- tion or release of lien and payment provided above, the city manager or designee shall confirm through the code enforcement department that the violation which resulted in the order impos- ing penalty or fine has been brought into compli- ance. If the violation has been brought into compliance and there is no current code violation upon the property in question, the city manager shall review and consider the application. Additional information shall also be required to support the application if the city manager deems such information is relevant and necessary to make a final decision on the application. The city commission hereby delegates to the city manager the authority to review and consider applica- tions for release or reduction of liens and make determinations as provided herein. ADMINISTRATION § 2-61.5 (e) The city manager shall review and consider (11) Any previous or subsequent code viola - the following factors in making a determination tions of the applicant pertaining to other to reduce or release the lien: properties owned within the city, unless (1) The amount of any administrative and an order finding a violation is under out-of-pocket costs incurred by the city appeal at the time of determination; which are directly associated with the (12) Any relevant information contained in underlying code enforcement case and any title policy required to be submitted lien including, but not limited to, code to the city under this section; enforcement staff and attorney time, post- age, advertising and recording costs, and (13) Any financial hardship; other city expenses related to any measure taken by the code enforcement board or (14) Any other mitigating circumstance which special magistrate or city to abate a may warrant the reduction or satisfac- nuisance caused by the violation; tion of the penalty or fine; and (2) The gravity and number of the viola- (15) Any other administrative review criteria tion(s); relevant to whether it is equitable to (3) The amount of the requested reduction; reduce or release a lien which are adopted (4) Whether the applicant was responsible by the city manager, in writing, and are intended to be applied to all applications for the violation which caused the lien; on a uniform basis. (5) Whether the applicant is or will be a bona fide purchaser of the subject property (f) The city manager may, in writing, approve, and is filing or has filed for a homestead approve with conditions, or deny the application exemption evidencing a desire to reside to reduce or release of lien. To the maximum within the city on a non -transient basis, extent feasible, the city manager shall collect, at or whether the property is or will be a minimum, all administrative and out-of-pocket acquired for investment or other purposes; costs incurred by the city as specified in subsec- (6) Whether the applicant acquired the tion (e)(1). If the city manager approves the subject property with knowledge of the application and the approval is conditioned upon subject lien; the applicant paying a reduced penalty, fine, or any other condition, the satisfaction or release of (7) The time in which it took to bring the lien shall not be prepared or recorded until the property into compliance; condition(s) placed by the city manager have (8) The accrued amount of the code enforce- been satisfied. ment fine or lien as compared to the current market value of the property; (g) The applicant shall have thirty (30) days in which to comply with the conditions imposed (9) With respect to a speculator, non- by the city manager or submit a written appeal homestead purchaser of the subject as provided herein. Failure of the applicant to property, the accrued amount of the code comply or timely appeal will result in the enforcement fine or lien as compared to automatic denial of the application and the the investment/profit that will be gained as a result of the purchase or sale of the original amount of the fine, including costs, shall property and the reduction or satisfac- be automatically reinstated. After the appeal time period has run or is waived by the applicant, tion; in writing, the city manager may, for good cause (10) Any previous or subsequent code viola- shown, grant additional time in the form of a tions pertaining to the property unless written estoppel letter to a closing agent for an order finding a violation is under purposes of facilitating a pending closing of the appeal at the time of determination; subject property. Supp. No. 33 165 WINTER SPRINGS CODE (h) If the application is denied, or if the application is automatically denied due to the failure of the applicant to comply with the conditions imposed by the city manager or timely appeal, the applicant shall thereafter be barred from applying for a subsequent reduction or release of lien for a period of one year from the date of denial. During the one-year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this division. (i) The applicant may appeal the city manager's decision to the city commission, by filing a written appeal within thirty (30) days of the date of the decision with the city clerk. The notice of appeal shah state the decision that is being appealed, the grounds for appeal, and a brief summary of the relief being sought. A nonrefund- able filing fee of $100.00 shall accompany the notice of appeal. Upon submittal of a timely appeal and filing fee, the city manager shall place the appeal of the determination upon the agenda of the next regularly scheduled city commission meeting to the extent practicable. The city commission shall render a final decision on the application based upon the sworn applica- tion and determination of the city manager and any other relevant information or testimony provided to the city commission at the meeting by the applicant, city manager or any other interested party. Any decision made by the city commission pursuant to this section shall be deemed final and not subject to any further administrative review by the city. The applicant shall have thirty (30) days in which to comply with any decision of or condition imposed by the city commission or the application shall be deemed automatically denied and thereafter, the applicant shall be barred from applying for a subsequent reduction or release of lien for a period of one year from the date of the city commission's decision. During the one-year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this division. (j) When a lien is satisfied as a result of reduced payment or release as ordered by the city manager or city commission, the city manager Supp. No. 33 166 is hereby authorized to execute and record in the public records of Seminole County, Florida, a satisfaction of lien on behalf of the city. (k) Under appropriate circumstances determined by the city manager or city commis- sion to be in the best interests of the city, the city manager or city commission may approve an application conditioned upon a partial release of lien that releases a city lien from a specific piece of property. However, the lien will remain in effect and will encumber any other properties which are subject to the lien pursuant to law. Partial releases of lien may also be authorized by the city manager or city commission to account for any funds paid to the city to reduce the a�notint owned on flip lion. Tn audition r n1_h r herein shall prohibit the city manager from releasing a lien, in whole or part, which was recorded in error by the city or foreclosed by a superior lien or mortgage in a judicial proceed- ing. The city manager may impose an administra- tive charge to release a lien recorded in error or foreclosed to recover the city's costs associated with the subject lien. An application shall not be required to release a lien recorded in error. (Ord. No. 2015-21, § 2, 10-1245) Sec. 2-62. Scheduli g. ng and conduct of hear - in (a) Upon request of the code enforcement officer, or at such other times as may be neces- sary, the code enforcement board or special magistrate, as applicable, may call a hearing. Minutes shall be kept of all hearings, and all hearings and proceedings shall be open to the public. The city manager shall provide clerical and administrative personnel as may be reason- ably required to conduct the hearing. The city clerk shall serve as clerk to the code enforcement board or special magistrate as it serves as clerk to the city commission unless the city manager determines otherwise. (b) The code enforcement officer shall send a notice of hearing in the same manner of service as outlined in section 2-61. (c) The code enforcement officer shall call hearings on a monthly or as needed basis or upon the request of the code enforcement board ADMINISTRATION or special magistrate, as applicable. Except as provided herein, a hearing date shall not be postponed or continued unless a request for a continuance, showing good cause for a continu- ance, is received in writing by the code enforce- ment board or special magistrate at least five (5) calendar days prior to the date set for hearing. (d) A code enforcement board or special magistrate shall postpone a hearing if the named violator, prior to the scheduled hearing date, Iles with the duly authorized city board or official of appropriate jurisdiction, if any, an administrative appeal concerning the interpreta- tion or application of the Code provisions upon which the alleged violation was based. However, once an issue has been determined by a code enforcement board or special magistrate in a specific case, that issue may not be further reviewed by a city board or official in that specific case. (e) Each case before a code enforcement board or special magistrate shall be presented by a code enforcement officer or by a duly authorized representative of the city. If the city prevails in prosecuting a case before the code enforcement board or special magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the code enforcement board or special magistrate and such costs may be included in the lien authorized under Section 2-63. (f) A code enforcement board or special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The code enforce- ment board or special magistrate shall take testimony from the code enforcement officer and alleged violator, as well as any relevant wit- nesses, relevant written evidence and documenta- tion may also be submitted into the record. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. The code enforce- ment board or special magistrate may exercise reasonable discretion in managing the hearing agenda and may continue or reschedule cases to the extent reasonably necessary to afford due process, address continuances for good cause shown, or effectively manage the case load. Supp. No. 33 (g) At the conclusion of the hearing, the code enforcement board or special magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein and in Chapter 162, Part I, Florida Statutes. The order shall be announced orally at the hearing and shall be reduced to writing and mailed by regular U.S. mail to the alleged violator. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in section 2-63, the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is entered by the code enforcement board or special magistrate pursuant to this subsection and the order is complied with by the date specified in the order, the code enforcement board or special magistrate shall issue an order acknowledging compliance and if the original order was recorded in the public records, the order acknowledging compliance shall likewise be recorded in the public records. A hearing is not required to issue such an order acknowledg- ing compliance with the original order. (Ord. No. 2015-22, § 3, 10-26-15) 167 Sec. 2-63. Administrative fines; costs of repairs; and filing of liens. (a) The code enforcement board or special magistrate, as applicable, upon notification by the code enforcement officer that an order of the special magistrate or code enforcement board has not been complied with by the set time or, upon finding that a repeat violation has been committed, shall conduct a "Massey" compliance hearing after notice of the hearing is provided to the violator by the code enforcement officer. At the compliance hearing, the violator will be afforded an opportunity to be heard on the issue WINTER SPRINGS CODE of whether the violator is in compliance with the special magistrate's order, and upon a determina- tion of non-compliance, the code enforcement board or special magistrate shall order the viola- tor to pay a fine in an amount specified in this section for each day the violation continues past the date set by the order for compliance. In addition, if, pursuant to a finding by the code enforcement board or special magistrate, the violation is a violation described in Section 2-60(e), the city may, at its discretion, make all reason- able repairs that are required to bring the property into compliance and charge against the violator the cost of the repairs along with the fine imposed pursuant to this section. An account- ing of the cost of repairs will be presented to the a�ltii1111 SUl;ll l;ct5e5. Making such repairs does not create a continu- ing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the city for any damages to the property if such repairs were completed in good faith. (b) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation, and, shall not exceed $500.00 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsec- tion (a). The fine for an uncorrectable violation shall not exceed $5,000.00 per violation. (c) In determining the amount of the fine, if any, the code enforcement board or special magistrate shall consider the following factors; (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (d) A code enforcement board or special magistrate may reduce a fine imposed pursuant to this section before an order imposing a fine is recorded in the public records. (e) A certified copy of an order imposing a fine may be recorded in the public records of the county and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property Supp. No. 33 168 owned by the violator. Upon petition to the circuit court, the order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this sec- tion shall continue to accrue until the violator comes into compliance or until judgment is rendered pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city commission and the city manager may execute a satisfaction or release of lien entered pursuant to this section in accordance with the authority granted to the city manager under section 2-63.1. (f) After three months from the filing of any such lien which remains unpaid, the special magistrate may authorize the city attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus any accrued interest. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under Sec- tion 4, Article X of the State Constitution. The money judgment provisions of this Section shall not apply to real property or personal property which is covered under Section 4(a), Article X of the State Constitution. (Ord. No. 2015-22, § 3, 10-26-15) Sec. 2-64. Duration of lien. No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The city shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continu- ation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (Ord. No. 2015-22, § 3, 10-26-15) ADMINISTRATION Sec. 2-65. Appeal of code enforcement board or special magistrate's order. An aggrieved party, including the city, may appeal a final order of the code enforcement board or special magistrate to the Circuit Court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the code enforcement board or special magistrate. An appeal shall be filed within 30 calendar days of the issuance of the order sought to be overturned. Failure to make such appeal within the prescribed 30-day period shall render the findings of the code enforcement board or special magistrate conclusive, binding and final. (Ord. No. 2015-22, § 3, 10-26-15) Sec. 2-65.1. Provisions are supplemental. Nothing contained in this subdivision shall prohibit the city from enforcing its Code by any other means including, but not limited to, a summons, an arrest, a notice to appear, civil action for injunctive relief, a stop work order or demolition. The enforcement procedures outlined in this subdivision are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any section of this Code. (Ord. No. 2015-22, § 3, 10-26-15) Sec. 2-65.2. Additional enforcement powers. In addition to the powers and authority given to the code enforcement board or special magistrate for the city pursuant to this subdivi- sion, the city may, in its discretion, exercise any powers given to municipalities or their code enforcement board or special magistrate by Chapter 162, Florida Statutes, as amended. (Ord. No. 2015-22, § 3, 10-2645) Subdivision B. Citations* Sec. 2-66. Intent. The City of Winter Springs hereby creates a supplemental and additional method of enforc- ing its codes and ordinances by the issuance of citations for violation of city codes or ordinances. The provisions of this subdivision may be used for the enforcement of any City Code or ordinance or for the enforcement of all city codes and ordinances unless prohibited by law. (Ord. No. 547, § I(§ 2-66), 11-22-93) Sec. 2-67. Definitions. For purposes of this subdivision, the following definitions shall apply: City. The City of Winter Springs. Code enforcement officer. Any employee or agent of the City of winter Springs who has been designated by the city manager to enforce the cit('s codes and ordinances. (Ord. No. 547, § I(§ 2-66a), 11-22-93) Supp. No. 33 169 Sec. 2-68. Designation, qualifications and training of code enforcement officers. The city manager is authorized to designate certain employees or agents as code enforcement officers. The training and qualifications of the employees or agents designated as code enforce- ment officers shall be determined by the city manager. Designation as a code enforcement officer does not provide the code enforcement officer with the power to arrest or subject the code enforcement officer to the provisions of Sections 943.085 through 943.255 of the Florida Statutes. Nothing in this subdivision amends, alters, or contravenes the provisions of any state -administered retirement system or any state -supported retirement system established by general law. (Ord. No. 547, § I(§ 2-66b), 11-22-93) *Editor's note —Section I of Ord. No. 547, adopted Nov. 22, 1993, provided for the addition of §§ 2-66-2-66k herein. Said sections have been included herein as Subdiv. B, §§ 2-66-2-69.8, at the editor's discretion. WINTER SPRINGS CODE Sec. 2-69. Authority of code enforcement officers. All designated code enforcement officers are authorized to issue a citation to a person when based upon personal investigation, the code enforcement officer has reasonable cause to believe that the person has committed a civil infraction in violation of a city code or ordinance and that the county court will hear the charge. (Ord. No. 547, § I(§ 2-66c), 11-22-93) Sec. 2-69.1. Citation procedure. Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the Person bag committed n vin1atinn of n eneie or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty (30) days. If, upon personal investiga- tion, a code enforcement officer finds that a person has not corrected the violation within the time period, a code enforcement officer shall issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and shall immediately issue a citation if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (Ord. No. 547, § I(§ 2-66d), 11-22-93; Ord. No. 2015-22, § 41 10-26-15) Sec. 2-69.2. Delivery of warning notices and citations. A copy of warning notices and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, the warning notice or citation shall be delivered to the alleged violator by leaving a copy of the warning notice or citation at the alleged violator's usual place of residence with any person residing therein who is above fifteen (15) years of age and informing such person of the contents of the warning notice or citation or by registered or certified mail, return receipt requested. Supp. No. 33 170 Whenever an alleged violator is required to do some act within a prescribed period after a warning notice or citation is delivered by mail, three (3) days shall be added to the prescribed period. (Ord. No. 547, § I(§ 2-66e), 11-22-93) Sec. 2-69.3. Violation classification and civil penalty. (a) Violations of city codes or ordinances and the applicable civil penalties shall be classified as follows: Violation Classification Civil Penalty Class I $ 50.00 Ulass 11 100.00 Class III 200.00 Class IV 300.00 City codes and ordinances subsequently enacted or amended may set forth the applicable civil penalty for violations by designating the appropri- ate violation classification. (b) Each violation of a city code or ordinance in the schedule of violations in subsection (a) herein is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (c) Court costs in the amount of ten dollars ($10.00) per citation collected shall be retained by the clerk of circuit court. The civil penalties set forth above include said court costs. (Ord. No. 547, § I(§ 2-66f), 11-22-93) Sec. 2-69.4. Schedule of violations. (a) Violation of the following city codes or ordinances is a civil infraction for which a cita- tion may be issued: Section Title Class 16-57 Illegal signs I 9-349 A. Handicap I B 16-57 . Ads I 16-57 C. Snipes I 16-56(b) D. R.O.W. I 16-53 E. Erected signs I 16-83 F. Garage sale I ADMINISTRATION Section Title Class Section Title Class Motor Vehicle Violations 7-79 Obstruction of hydrants I 12-66 For sale/repairs on R.O.W. I 11-5 Use of air guns/ slingshot/etc. by a 20431 A. RV I minor I 20-411 B. Boat and trailer I 20411 C. Camper I 10436 Soliciting I 20411 D. Work trailers I 44 Animal control viola- 12-67 E. Parking between tions I lines I 4-1 A. Barking dog I 12-53 F. Abandon on 44 B. Loose cat or dog I R.O.W. I 4-1 C. Animals defecat- 12-65 G. Parking/standing ing or urinating I street I 4-2 D. Over two (2) cats 20-431(1)a-1H. Prohibited or two (2) dogs I vehicles I 4-1 E. Loose animals I 20433 I. Disabled vehicles I 4-1 F. All other animal 13-2(b) Outdoor storage I violations I 13-2(b) A. Trash I 17-1 Hazards (obstruc- 13-2(b) B. Junk and debris I tions) R.O.W. I 13-2(b) C. Equipment strewn around yard I 7-27 Fireworks and explosives I 13-2(d) Stagnant pool I All second offenses of 13-2(b) Tree trimmings and class I II yard trash I 6-46 No building permit II 13-2(c) Unsafe/unsanitary I 10-26 No local business tax 9-374 House and building receipt II numbers I 5-3 No arbor permit II 13-26 Loud party I 7-1 Spreading fire II 13-33 Loud music I 74 Failure to notify fire II 13-34 Animal and bird noises I 493 No meter backflow II 10-137 No garage sale All second offenses of permit I class II III 16-27(b) Illegal handbills I Third offenses of class I III 16-25 Handbills on autos I 6-217 No pool enclosure 16-27(b) Cast periodicals I III 13-2 Littering R.O.W. I 9-349(a), 13-2(b) Littering private (b), (c) Site plan violation III property I 6465 Building 7-26 Open burning I maintenance to code III Supp. No. 33 171 Section Title Additional offenses to class I, II, and III Ch. 17, City parks and other Art. V public recreation areas Ch. 19, Improper use of Arto in fertilizers Violation Classification Class I Class II Class III Class IV WINTER SPRINGS CODE Class IV I (except §§ 17-104, 17405, 17-109, 17410, 17-114, aA 17-115 shall be class III) 1 Civil Penalty $ 50.00 100.00 200.00 300.00 (b) The citations issued pursuant to sections 2-69.2) 2-69.3, and 2-69.4 may be contested in county court in and for Seminole County. (Ord. No. 547, § I(§ 2-66g), 11-22-93; Ord. No. 2006-23, § 3, 1241-06; Ord. No. 2012-02, § 3, 1-23-12; Ord. No. 2017-08, § 3, 84447) Sec. 2-69.5. Procedures to pay or contest citations. (a) Any person cited for a violation under sections 2-69.1, 2-69.2, 2-69.3, and 2-69.4 shall within thirty (30) days of issuance of the citation: (1) Pay the civil penalty set forth in the schedule of violations at the clerk of the circuit court's office; or (2) Contest the citation in county court through appearance at the clerk of the circuit court's office to receive a court date. (b) If the person cited pays the civil penalty as provided in subsection (a)(1) of this section, he shall be deemed to have admitted the civil infraction and to have waived his right to a hearing to contest the citation. Supp. No. 33 172 (c) If the person cited appears at the clerk of the circuit court's office to receive a court date as provided in subsection (a)(2) of this section, he shall appear on said court date to contest the citation in county court and he shall be deemed to have waived his right to the civil penalty set forth in the schedule of violations and shall be subject for each violation to the maximum civil penalty which shall not exceed five hundred dollars ($500.00) plus any applicable court costs. (d) If the person cited fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and judgment may be entered against the person for an gmount. „n trn tii, ,,,a..im,an; civil penalty not to exceed five hundred dollars ($500.00). (e) Any person who willfully refuses to sign or accept a citation issued by a code enforcement officer or refuses to provide the information required in the citation shall be in violation of this section and shall be prosecuted as a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083 of the Florida Statutes. (Ord. No. 547, § I(§ 2-66h), 11-22-93) Sec. 2-69.6. Citation contents. The citation issued by the code enforcement officer shall be in a form prescribed by the city and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. ADMINISTRATION § 2-77 (8) The applicable civil penalty if the person DIVISION 4. URBAN BEAUTIFICATIONt elects not to contest the citation. (9) The applicable civil penalty if the person elects to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Ord. No. 547, § I(§ 2-66i), 11-22-93) Sec. 2-69.7. Disposition of citations and civil penalties. (a) After issuing a citation to an alleged viola- tor, the code enforcement officer shall: (1) Deposit the original citation and one (1) copy of the citation with the clerk of the circuit court; (2) Provide the alleged violator with one (1) copy; (3) Deposit one (1) copy with city clerk; and (4) Retain one (1) copy in the code enforce- ment officer's department file. (b) All civil penalties received by the county court from violators of city codes or ordinances shall be paid into the general fund of the city in the penalty and fine account. All court costs shall be retained by the clerk of the circuit court. (Ord. No. 547, § I(§ 2-66j), 11-22-93) Sec. 2-69.8. Provisions supplemental. It is the legislative intent of this subdivision to provide an additional and supplemental means of obtaining compliance with city codes and ordinances. Nothing contained in this subdivi- sion shall prohibit the city from enforcing its codes or ordinances by any other means. (Ord. No. 547, § I(§ 2-66k), 11-22-93) DIVISION 3. RESERVED* Secs. 2-70-2-75. Reserved. *Editor's note —Ord. No. 709, § I, adopted Dec. 14, 1998, repealed Former Div. 3, §§ 2-70-2-73, in its entirety Supp. No. 33 S276Pur ec. -. pose and intent. The purpose of this division is to emphasize the city commission's commitment to urban beautification throughout the city. The commis- sion recognizes that various city boards and committees and city staff members play an important role in the city's beautification efforts within their respective areas of discipline and jurisdiction that have been assigned by city code, the city commission and city manager. It is the intent of this division to promote urban beautifica- tion within the city and to authorize the city manager to coordinate this effort in an efficient manner on behalf of the city. (Ord. No. 2012-11, § 2, 940-12) Sec. 2-77. City manager's duties; use of existing city boards and com- mittees. (a) The city manager is empowered and directed to consider and study the entire field of beautification in the city, and shall advise, counsel anI consult with the city commission in connec- tion with the beautification and preservation of natural beauty of the city including the city's master beautification plan. To the extent deemed necessary and appropriate by the city manager, the city manager may assign these responsibili- ties to the city staff including city's urban beautification division within the community development department. 173 (b) The city manager is authorized to cooper- atewith civic groups, garden clubs, governmental agencies and other organizations regarding beautification, conservation of natural beauty, which pertained to the commerce and industry development board and derived from Ord. No. 424, §§ 1-4, adopted July 11, 1988. 'Editor's note —Ord. No. 2012-11, § 2, adopted Sept. 10, 2012. amended former Div. 4, §§ 2-76-2-80, in its entirety to read as herein set out. Former Div. 4 pertained to the Beautification of Winter Springs Board and derived from Ord. No. 459, §§ 1-5, 5-22-89; Ord. No. 2002-28, § 2, 9-23-02; Ord. No. 2010-14, § 2, 5-24-10. Cross references —Building regulations generally, Ch. 6; fences, walls and hedges, § 6-186 et seq.; land develop- ment, Ch. 9; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20. WINTER SPRINGS CODE and related subjects. In addition, the city manager is authorized, to the extent deemed necessary and appropriate, to use the various existing boards and committees of the city to consider beautification issues and to make recommenda- tions to the city, provided said use of the board or committee falls within the general scope of author- ity or jurisdiction assigned to the board or committee by the city commission. (Ord. No. 2012-11, § 2, 9-10-12) Sec. 2-78. Master beautification plan; recommendations to city com- mission. (a) The city will prepare and maintain a master plan for the overall hennfifiention of the city with regard to those areas owned by the city, and recommendations to private and public property owners. The master plan may consist of various documents approved by the city commis- sion including, but not limited to, the comprehensive plan, city codes, subarea beautifica- tion, aesthetic, and architectural plans like the Town Center District Code. To the extent the city commission or city manager deems it in the city's best interest, the city shall work with the various city boards and committees, as well as other civic groups and governmental agencies operating within the environmental limits of the city, to promote and enhance the following: (1) Beautification efforts relevant to and recognized by the city including, but not limited to, beautification special assess- ment areas, entrance approaches to the city, parks and recreational facilities, recreational and bicycle trails, roadway medians, and conservation areas; (2) Surrounding county and other municipal jurisdiction areas which affect the impres- sions of visitors and citizens of the area with regard to the city. (b) The city manager shall recommend to the city commission such overall beautification projects as seem warranted and in the city's overall beautification interests. (Ord. No. 2012-11, § 2, 9-1042) Secs. 249, 2-80. Reserved, Supp. No. 33 174 ARTICLE IV. ELECTIONS' Sec. 2-81. Election supervisor. The city clerk is hereby designated the supervi- sor of elections for the city. (Code 1974, § 2-27) Sec. 2-82. Proclamation. The mayor shall issue a proclamation calling the municipal elections provided for in this article and at least sixty (60) days prior thereto. The proclamation shall be published in a newspaper of general circulation in this city once each week for four (4) consecutive weeks prior to the Tnunieingl nlnr+inn (Code 1974, § 2.29) Sec. 2-83. Municipal elections to be general eleeflonsa Municipal elections held as provided in this article shall be general municipal elections and no other municipal primary or general election shall be necessary. The successful candidates determined as provided in this article shall be the duly elected officers for their respective offices and shall take office as provided in subsec- tion 4.03(a) of the City Charter. (Code 1974, § 2-30; Ord. No. 201742, § 2, 7-10-17) Charter reference —Election date, § 4.03. Sec. 2-84. Determination of person elected. The person receiving the highest number of votes cast for one (1) office is elected to the office. If there should be more than two (2) candidates for any one (1) office, and two (2) candidates receive an equal and highest number of votes cast in the municipal election for the same office, then the two (2) candidates receiving an equal and highest number of votes cast shall run again in a runoff municipal election. As scheduled by the city commission, the runoff election shall be heId no later than sixty (60) days following the *Charter references —City commission election and terms, § 4.03; nominations and elections, § 8.01 et seq. Cross reference —City commission, § 2-26 et seq. ADMINISTRATION initial election and the candidate receiving the majority of the votes cast at such runoff election shall be elected. (Code 1974, § 2-31; Ord. No. 2008-16, § 2, 9-8-08) Sec. 2-85. Election boards. The mayor shall appoint an election board for the municipal elections herein provided for. The names of the members of such election board shall be included in the proclamation for the holding of the municipal elections. The mayor shall fill any vacancy in the election board by appointment. The compensation of such boards shall be set by the city commission. The duties and responsibilities of the election board shall be those as stated in F.S. ch. 102, for state offices. In years when the county supervisor of elections conducts the municipal election, the supervisor shall appoint the election board, shall fill any vacancy and shall set the compensation of the election board. (Code 1974, § 2-32) Sec. 2-86. Nonpartisanship required. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. (Code 1974, § 2-33) Sec. 2-87. Qualification of candidates. Each candidate seeking the office of city com- missioner or mayor or any other elective office of the city shall file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city commis- sioner or mayor of any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying. Each candidate seeking the office of city commissioner shall be a resident of a designated commission district as established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city commissioners shall run at large as commission candidates under district designation. All candidates for offices in municipal elections shall be registered and qualified electors of the city at Supp. No. 33 the time of their qualifying as a candidate with the city clerk and shall file qualifying papers in accordance with state statutes and pay the qualify- ing fee and election assessment provided for in section 2-88. Such application shall be filed and the qualifying fee paid during regular business hours any time after 12:00 noon on the first ng date, which shall be seventy-one (71) calendar days prior to the municipal election, but not later than 12:00 noon on the sixty- seventh (67) calendar day prior to the municipal election. In the event, the first or last filing date falIs on a Saturday, Sunday, or legal holiday, then the subject filing date shall be rescheduled to the next regular business day. (Code 1974, § 2-34; Ord. No. 494, § 2, 8-13-90; Ord. No. 2004-25, § 2, 6-14-04) Sec. 2-87.1. Vacancy in candidacy. (a) If the death, withdrawal or removal of a qualified candidate following the end of the qualifying period results in only one candidate remaining on the ballot for that office, the remaining candidate shall be declared elected and no election for that office shall be required. (b) If the death, withdrawal or removal from the ballot of a qualified candidate following the enI of the qualifying period results in no candidates for an office, and if a vacancy shall result on the city commission, such vacancy shall be filled in accordance with section 4.08(c) of the Charter of the City of Winter Springs, Florida. (c) A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee. (Ord. No. 509, § 1, 9-23-91) 175 Sec. 2-88. Qualifying fees. y (a) All candidates for citcommission and mayor, qualifying as provided in this Code, shall pay a qualifying fee of one hundred fifty dollars ($150.00). The qualifying fee and the election assessment shall be paid to the city clerk and be paid by the clerk into the general fund of the city. Within thirty (30) days after the close of qualify- ing, the city clerk shall forward the elections assessment to the Department of State. § 2-00 WINTER SPRINGS CODE (b) Pursuant to F.S. § 99.093(2), candidates who are unable to pay the election assessment without imposing an undue burden on their personal resources or resources otherwise avail- able to them shall upon written certification of such inability given under oath to the city clerk be exempted from paying the election assess- ment. Any candidate exempt from the election assessment shall also be exempt from the city's qualifying fee. (Code 1974, § 2-35; Ord. No. 2004-25, § 2, 644-04) Sec. 2-89. Registration of voters. Voters in a municipal election shall be registered in the manner provided for by the General Laws of Florida as set out in Florida Statutes, Chapters 97 and 98. All voters residing within the municipal limits of the city and registered by the supervisor of elections to vote in the county, shall be eligible to vote in all municipal elections. (Code 1974, § 2-36) State law reference —Qualifications of municipal elec- tors, F.S. § 166.032. Sec. 2-90. Voting places. In those years when the city conducts the election not in conjunction with the county elec- tion, voting places for municipal elections shall be designated by the city commission. The loca- tion of the voting places shall be included in the mayor's proclamation called for by section 2-82 above. In the event there should be a runoff election, the same voting places shall be used. (Code 1974, § 2-38) Sec. 2-91. Voting machines. Voting machines shall be used for voting in the municipal elections provided for in this article in the same manner as such machines are used for voting in state and county elections. (Code 1974, § 2-39) Sec. 2-92. Absentee voting. Absentee voting in the municipal elections provided for in this article shall be permitted and governed by F.S. §§ 101.62 through 101,70, (Code 1974, § 2-40) Supp. No. 33 176 Sec. 2-93. Canvass of return. The Seminole County canvassing board shall serve as the canvassing board for any city elec- tion, whether or not the city election is conducted in conjunction with a county election. (Code 1974, § 241; Ord. No. 2009-14, § 2, 8-10-09) Sec. 2-94. Applicability of Code to election where questions are submitted. At all elections at which any question is submitted to the electors, including bond issues, this article shall apply to the extent that it can be made applicable and is not preempted by the general election laws of the state. (Code State law reference —Bond referendum, F.S. § 100.201 et seq. Sec. 2-95. Additional duties of city cicrl_I�d The city clerk is authorized and directed to have prepared such forms and perform such ministerial duties as are required by this article by necessary implication in order to accomplish the objectives of this article, and the intent of the city commission in adopting it. (Code 1974, § 243) Sec. 2-96. Early voting exemption. The City of Winter Springs is hereby exempt from the early voting provisions of section 101.657, Florida Statutes. From time to time, the city may contract with the Seminole County Supervi- sor of Elections to conduct early voting for the City of Winter Springs at the office of the supervisor of elections and any other early voting sites the Supervisor may establish in public libraries and/or city halls. (Ord. No. 2004-37, § 1, 8-23-04) Sec. 2-97. Electronic filling of campaign finance reports required. All candidates for elected office in the City of Winter Springs shall electronically file their campaign treasurer's reports required by state law utilizing the Seminole County Supervisor of Elections Office's electronic filing system. The electronic filing deadline for a completed campaign ADMINISTRATION report shall be the same as the deadline established by law for filing an original paper copy of the report with the city's filing officer. (Ord. No. 2009-09, § 2, 4-27-09; Ord. No. 2014- 11, § 2, 5-12-14) Secs. 2-98-2-115. Reserved. ARTICLE V. ANNEXATIONS AND REZONING* Sec. 2-116. Annexation fees. (a) All applications for annexation of property into the city shall be accompanied by an annexa- tion fee. Such fee will be established by resolu- tion of the city commission, pursuant to the authority of this section. (b) The annexation fee shall be used to pay the costs of annexation and any additional costs related thereto. (Code 1974, § 24) Sec. 2-117. Waiting period for annexation or rezoning of property. No parcel of property shall be considered for annexation into the city, nor shall any parcel of property within the city be considered for rezon- ing, for a six-month period of time following the denial of a petition for annexation or rezoning; provided, however, that the six-month waiting period may be waived by the city commission. (Code 1974, § 2-1.1) Sec. 2418. Annexations east of DeLeon Street prohibited. (a) It is hereby declared that it is the formal policy of the City of Winter Springs that the city shall not process any voluntary annexation peti- tions received by property owners, nor shall the city initiate any involuntary annexation procedure, involving any real property that is located east of an imaginary straight line which commences on *Cross references —Buildings and building regulations, Ch. 6; land development, Ch. 9; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20. State law reference —Annexation procedure, F.S. ch. 171. Supp. No. 00 the southern boundary of the shores of Lake Jesup and runs southward along the eastern most boundary of the DeLeon Street right-of-way and which terminates on the northern most boundary of the City of Oviedo. (b) The city manager is hereby directed to take the necessary steps to initiate an administra- tive amendment to the city's comprehensive plan during the next comprehensive planning cycle that incorporates the annexation policy set forth in this section. (Ord. No. 2006-02, § % 5-22-06) Secs. 2-119-2-135. Reserved. ARTICLE VI. FINANCEt DIVISION 1. GENERALLY Secs. 2-136-2-150. Reserved. DIVISION 2. PURCHASING$ Sec. 2-151. Purchasing policy and procedure established. Unless otherwise provided by city charter, city ordinance, or state or federal law, all city purchases shall be made pursuant to written uniform purchasing policies and procedures established by resolution of the city commission. The city manager is authorized to purchase or contract for all commodities and services required by the city which do not exceed fifty thousand dollars ($50,000.00) and shall further have such author - to expend funds and enter into contracts as authorized by resolution of the city commission. 177 tCharter references —Independent audits, § 4.12; financial procedures generally, § 7.01 et seq. Cross references —Licenses and business regulations, § 10-1 et seq.; taxation, § 18-1 et seq. State law references —Municipal finance and taxation, F.S. § 166,201 et seq.; budget adoption, F.S. § 200.065; municipal financial matters, F.S. ch. 218. *Editor's note —Ord. No. 2000-15, § 1, adopted June 12, 2000, amended former Div. 3, §§ 2-151-2-153, in its entirety to read as herein set out. Former Div. 3 pertained to similar subject matter and derived from the Code of 1974 and the following: Ord. No. 564, § 1, 7-25-94; Ord. No. 691, § I, 12-8-97. WINTER SPRINGS CODE All purchases or contracts for all commodities and services required by the city which exceed fifty thousand dollars ($50,000.00) shall be approved by the city commission. Notwithstand- ing, the city manager shall have the authority to purchase or contract for all commodities and services by the city which do not exceed two hundred thousand dollars ($200,000.00) in cases of a bona fide emergency such as an immediate danger to the public health or safety, loss of public or private property or an interruption in the delivery of an essential governmental service. This section shall not be construed or interpreted as limiting the purchasing and contracting author- ity granted to the city manager- pursuant to a declaration of a state of emergency proclaimed hV the ('1t17 1Y1 n�/�r,r]nnrn �x. '+ 4 management regulations set forth in chapter 2, article VII of the City Code. (Ord. No. 200045, § 1, 6-12-00; Ord. No. 2007- 12, § 2, 6-11-07; Ord, No. 2018-06, § 2, 10-8-18; Ord. No. 2023-05, § 2, 642-23) Sec. 2-152. When written bids are required; waiver; small purchases. (a) Unless otherwise required by city charter, city ordinance, state or federal law, or pursuant to subsection (b) of this section, competitive prices for all purchases of commodities and services shall be obtained by written bid, quote, or proposal as provided in the city's purchasing policy and the purchase made from, or the contract awarded to, the lowest and best responsible bidder or as otherwise provided in the solicitation. Notwithstanding any require- ment for obtaining written bids, quotes or propos- als, purchases may be made by: (i) cooperating with other governmental entities in soliciting competitive bids, quotes or proposals; (ii) using competitive bids, quotes or proposals received by other governmental agencies, provided they were made within one (1) year of the date the city proposes to use them; (iii) using a current contract previously awarded by another governmental agency; (iv) using a purchase card, provided the purchase complies with the city's purchase card guidelines; (v) using a sole source vendor; (vi) negotiating directly with a provider of profes- Supp. No. 33 178 sional services; (vii) declaring a purchase an emergency; and (viii) utilizing any other excep- tion to competitive solicitation provided in the city's purchasing policy; provided said purchases are allowed by city charter and state and federal law and deemed in the best interests of the city by the city commission or the city manager for purchases within the city manager's spending authority. (b) Small purchases of commodities and services not exceeding five thousand dollars ($ $5,000.00) shall be exempt from the require- ments of subsection (a) provided that said purchases are not prohibited by city charter, state or federal law and are deemed in the best intPre8tq �nf the Pi+XT by the cit;,r ^^� �_ W j 1, 6) iiiu.iusc,i V llu city manager's designee. (Ord. No. 200045, § 1, 6-12-00; Ord, No. 2007- 12, § 2, 641-07; Ord, No. 2023-05, § 2, 6-12-23) Secs. 2-153-2-190. Reserved. DIVISION 3. CITY -OWNED PERSONAL PROPERTY Sec. 2-191. Definition of property. The word "property" as used in this division means fixtures and other tangible personal property of a nonconsumable nature, the normal expected life of which is one (1) year or more as determined by the custodian of the property as hereinafter provided which property is owned by the city. (Ord. No. 421, § I, 6-13-88) Sec. 2-192. Identification; record; inven- tory. (a) Each item of property which it is practicable to identify by markings shall be marked in a manner in accordance with standard auditing procedures. (b) The city manager shall be responsible for maintaining on behalf of the city an adequate record of property. Such records shall contain information in accordance with standard audit- ing procedures. ADMINISTRATION (c) A complete physical inventory of all property shall be taken annually and the date inventoried shall be entered on the property record. The city manager shall take an inventory of property in the custody of a custodian whenever there is a change in such custodian. The inventory shall be compared with the property record and all discrepancies will be traced and reconciled. (Ord. No. 421, §§ II —IV, 6-13-88) Sec. 2-193. Property supervision and control. The city manager shall be primarily responsible for the supervision and control of property, but may delegate to a custodian its use and imme& ate control and may require custody receipts. The city manager may assign to or withdraw from a custodian the custody of any of the property at any time. If the custodian is an officer elected by the people, the property may not be withdrawn from that person's custody without that person's consent. Each custodian shall be responsible to the city manager for the safekeeping and the proper use of the property entrusted to the custodian's care. If the city manager or the custodian is not a bonded officer, the city commission may require from the custodian a bond conditioned upon such safekeep- ing and proper use of the property. (Ord. No. 421, § V, 6-13-88) Sec. 2-194. Disposal of surplus property. Property of the city that is obsolete or the continued use of which is uneconomical or inef- ficient or for which there is no useful function which property is not otherwise lawfully disposed of may be disposed of for value to any person or may be disposed of for value without bids to the state or if the property is without commercial value it may be donated, destroyed or abandoned. Property deemed surplus by the city manager shall be sold at public auction after publication of notice not less than fifteen (15) days prior to sale. (Ord. No. 421, §§ VI—VIII, 6-13-88; Ord. No. 504, § 11 6-10-91) Secs. 2495-2-249. Reserved. Supp. No. 33 ARTICLE VII. EMERGENCY MANAGEMENT DIVISION 1. GENERALLY Sec. 2-250. Intent. § 2-251 (a) It is the intent of this article to provide the necessary organization, powers, and authority to enable the timely and effective use of all avail- able city resources to prepare for, respond to, and over from emergencies, natural and man- made, likely to affect the security, safety or health of the City of Winter Springs and its residents, whether such events occur within or without the corporate limits of the city. (b) Nothing herein shall be intended to relieve city departments of their normally assigned duties, responsibilities and functions. (c) Nothing herein shall be construed as a delegation of authority to abridge or diminish the legislative or administrative powers of the city commission. (Ord. No. 550, § I, 1041-93) Sec. 2-251. Definitions. 179 As used in this article: Emergency shall mean a condition which threatens or adversely affects the public health, safety or security and which is or threatens to be beyond the control of those public and private agencies normally responsible for the manage- ment of such a condition, resulting from an act or threatened act of war, riot, terrorism, mob or other act of violence; from a weather event such as flood, hurricane or tornado; from a disruption in the city's utility system; or from any other cause. Normal average retail price shall mean the price at retail for merchandise, goods, or services at which similar merchandise, goods, or services were being sold during the ninety -days immediately preceding a declaration of public emergency. (Ord. No. 550, § I, 10-11-93) WINTER SPRINGS CODE Sec. 2-252. Applicability of provisions. All officers, employees, contractors, vendors, boards, commissions, authorities, and other agen- cies of the city are subject to the provisions of this article. (Ord. No. 550, § I, 1041-93) Sec. 2-253. Emergency management structure. (a) The city manager shall perform the func- tion of director of emergency management, and shall implement, manage, and report on all actions authorized and taken under the provi- sions of this article. �u� ilic .,sty ivala�ei �uaii appuuii, a wuruuia- tor of emergency services whose duties shall include the on -going planning for and coordina- tion of those actions necessary to the creation and maintenance of an effective emergency response capability to prepare for and manage emergency conditions. (c) There shall be an emergency management coordinating committee composed of the depart- ment directors or their designated representa- tive which shall be chaired by the coordinator of emergency services or his or her designated representative. (Ord. No. 550, § I, 10-11-93) Sec. 2-254. Powers, duties, and responsibilities. (a) The city manager, when acting as the director of emergency management, shall have the following powers, duties and responsibilities: (1) To declare a state of emergency or to recommenA the declaration of a state of emergency by the city commission, and to inform the city commission of the reasons for and status of events requir- ing the declaration; (2) To direct the creation, revision, and exercise of emergency response plans conforming to state and county emergency plans for the mitigation of, preparation for, response to, and recovery from emergencies; Supp. Mn 33 180 (3) To direct the efforts of the emergency management coordinating committee in the preparation for, response to, and recovery from emergency conditions; (4) To recommend a budget for the creation and maintenance of an emergency response capability as provided herein; (5) To promulgate emergency regulations necessary to the protection of life and property, establishment of public order, and control of adverse conditions affect- ing public welfare resulting from an emergency. (b) The coordinator of emergency services shall have the following responsibilities and duties: (1) To supervise the development and maintenance of city emergency plans, including annual updates; (2) To chair the emergency management coordinating committee; (3) To plan for and develop an emergency operations control center to include equip- ment, manning, and operational procedures necessary to the manage- ment and control of emergency condi- tions; (4) To develop and manage the city's emergency awareness public information program. (c) The emergency management coordinating committee shall have the following responsibili- ties and duties: (1) To function as the emergency manage- ment agency during a declared emergency; (2) To assist in the creation, revision, and exercise of emergency plans; (3) To advise the director of emergency management of requirements for resources necessary to the creation, maintenance, and exercise of a capable, efficient emergency response capability. (Ord. No. 550, § I, 1041-93) ADMINISTRATION Sec. 2-255. Declaration of a state of emergency. (a) The mayor, deputy mayor, city manager, in the order named, shall have the authority to declare a state of emergency by proclamation. Upon the absence or unavailability of the mayor, the deputy mayor may issue such a declaration, and upon the absence or unavailability of the mayor and the deputy mayor, the city manager may issue such a declaration. (b) Any declaration of a state of emergency and all emergency regulations activated under the provisions of this article shall be confirmed by the city commission by resolution within five (5) working days of such declaration or at the next regularly scheduled meeting of the city commission, whichever occurs first, unless the nature of the emergency renders a meeting of the city commission extremely impractical. Confirma- tion of the emergency declaration shall disclose the reasons for, anticipated impacts of, actions proposed and taken to manage the emergency, and other pertinent data relating to the emergency requiring the declaration. (c) Emergency resolutions authorized by this article shall include but are not limited to the following subjects: Resolution Subject A Evacuation B Curfews; declaration of areas off limits C Suspension or regulation of sale of alcoholic beverages, explosives or combustibles D Prohibiting the sale of merchandise, goods or services at more than the normal average retail price E Water use restrictions F Suspension of local building regula- tions G Rationing of fuel, ice and other essentials H Emergency procurement procedures Supp. No. 33 § 2-261 (d) A declaration of a state of emergency shall activate the emergency plans applicable to the city. (e) A state of emergency, when declared as provided herein, shall continue in effect from day to day until declared to be terminated. (f) Upon the declaration of a state of emergency, the city manager shall post a written notice of such declaration upon the main bulletin board in the city hall, and shall notify by telephone not less than two (2) newspapers of general circula- tion within the city, at least three (3) television stations and at least three (3) radio stations broadcasting in Seminole County. When practicable, the city manager shall also cause the written notice to be published, in its entirety, at least one (1) day each week in a newspaper of general circulation in the city until the state of emergency is declared to be terminated. (Ord. No. 550, § I, 1041-93; 2011-10, § 7-25-11) Sec. 2-256. Termination of a state of emergency. A state of emergency shall be terminated upon the certification of the officer or agency request- ing the declaration of the state of emergency that the conditions leading to or causing the emergency conditions no longer exist and that the city's agencies and departments are able to manage the situation without extraordinary assistance. Notice of such termination shall be made to the public by the city manager by the same means as the notice of the declaration of the state of 181 emergency. (Ord. No. 550, § I, 10-11-93) Secs. 2-257-2-260. Reserved. DIVISION 2. CONDITIONS OF EMERGENCY 2-261. Weather emergencies. Sec. (a) A public emergency may be declared because of weather conditions when the National Weather Service or a state, county or local emergency management agency informs the city or the public that emergency conditions result - from meteorological conditions are present or WINTER SPRINGS CODE are imminent. Meteorological conditions covered by this section include but are not limited to hurricanes, floods, tornadoes, other severe weather conditions and the results therefrom. (b) Reserved. (Ord. No. 550, § I, 10-11-93) Sec. 2-262. Public emergencies. (a) A public emergency may be declared because of utility conditions when the director of utilities certifies to the city manager that: (1) A condition exists or is imminent that endangers the safety, potability, quantity, availability, transmission, distribution, treatment, or storage of water through or within the city's water utility system; or (2) A condition exists or is i_mmi.nent that endangers the safety, quality, quantity, availability, transmission, distribution, or storage of gas through or within the city's gas utility system; and (3) Extraordinary actions to control and cor- rect the situation are required, including but not limited to emergency purchase; call -in of off -duty personnel; assistance by other communities and agencies; and other like actions. (b) Declaration of a public emergency because of utility conditions shall authorize the issuance of emergency resolutions A, B, E and H, as may be required. (Ord. No. 550, § I, 10-11-93) Sec. 2-263. Fire emergencies. (a) A public emergency may be declared because of fire when the fire chief certifies to the city manager that an actual or potential condi- tion arising from fire, explosion, chemical spill, building or bridge collapse, or plane, train, or other vehicle accident requires extraordinary measures for control, including but not limited to calling out of off -duty and reserve personnel; evacuation; and other like actions. Supp. No. 33 182 (b) Declaration of a public emergency because of fire shall authorize the issuance of emergency resolutions A, B, E and H, as may be required. (Ord. No. 550, § I, 1041-93) Sec. 2-264. Suspension of local building regulations. The city manager may authorize the suspen- sion of local building regulations during and following a declared state of emergency when the building official certifies that such action is necessary to the expeditious restoration of property damaged by the emergency event. Such suspension of building regulations may be applied on a case -by -case basis as required to remedy specific conditions and to fncilitntP tl,a prnvi9inn of emergency housing to disaster victims. The building official shall specify the provisions of the building code to be suspended and the reasons therefore when certifying the necessity of such suspension to the city manager. (Ord. No. 550, § I, 1041-93) Sec. 2-265. Certification of emergency conditions. A certification of emergency conditions to the city manager may be verbal but each verbal certification shall be confirmed in writing within twenty-four (24) hours following an emergency declaration. (Ord. No. 550, § I, 1041-93) Secs. 2-266-2-299. Reserved. ARTICLE VIII. JOBS GROWTH INCENTIVE GRANT PROGRAM Sec. 2-300. Legislative findings. The city commission hereby finds that it serves a legitimate government purpose for the city to establish a jobs growth incentive grant program. Further, the city commission finds that there is a public need to enhance and stimulate economic activity in specific targeted areas of the City of Winter Springs including but not limited to, the Greeneway Interchange District, the Town Center District, the Village Walk District, or other targeted areas. The economic well-being of the ADMINISTRATION residents of Winter Springs and Seminole County • Computer software and hardware will be enhanced by the provision of a jobs • Medical labs and technology growth incentive grant program. The city com- . Communications mission also finds that attracting, retaining and providing favorable conditions for the growth of • Corporate headquarters/professional target industries and businesses within targeted services areas of the city provides employment opportuni- Non -target industries may be eligible for ties for residents of the city and will optimize consideration if the proposed expansion and diversify the economic tax base of the city. In or relocation is proposed to occur within addition, to stimulate and enhance economic targeted areas. activity in targeted areas of the city and to ie the prosperity of its residents, it is (3) Minimum participation criteria. Targeted mprov industries must satisfy specific criteria, necessary and in the public interest for the city to establish a funding source that may be utilized including minimum job creation amounts, to fund the jobs growth incentive grant program salary levels and a job retention period, in order to apply for consideration of the and provide incentives to appropriate target industries and businesses in targeted areas of job growth incentive as follows: the city. a. Minimum job creation criteria. (Ord. No. 2011-14, § 2, 10-10-11) Applicants must meet the following minimum job creation criteria: Secs. 2-301-2-304. Reserved. 1. New or start-up companies-3 new jobs Sec. 2=305. Program requirements. 2. Relocating companies-25 jobs The following requirements shall apply to the 3. Expanding companies-10% jobs growth incentive grant program for purposes increase over present employ - of assisting eligible target industries and other ment eligible applicants offset the costs associated b. Minimum salary criteria. Applicants with relocating or expanding their facilities within must meet the following minimum the City of Winter Springs: salary criteria: (1) Budget. An economic development trust 1. Relocating companies. 115% of fund is hereby established, subject to Seminole County average appropriations approved at the discre- annual wage (SC avg. wage = tion of the city commission. Fifty (50) $37,925) (115% of avg. wage = percent of the budgeted appropriations $43,614 as of 5/9/11) in the economic development trust fund 2. New or expanding companies. shall be dedicated for the jobs growth 80% of Seminole County aver - incentive grant program. age wage (SC avg. wage = (2) Eligible target industries. The following $37,925) (80% of avg. wage = target industries are eligible to participate $30,340 as of 5/9/2011) in the jobs growth incentive grant 3. Relocating or expanding program: companies proposing to locate • Research development and testing in a "targeted area." 80% of • Space technology, aviation and Seminole County average wage aerospace (SC avg. wage = $37,925) (80% of avg. wage = $30,340 as of • Simulation, modeling and training 5/9/2011) • Laser technology * Source: Enterprise Florida, Inc. The • Photonics wage information set forth in this subsec- Supp. No. 33 183 WINTER SPRINGS CODE tion shall be updated annually by the city manager without requiring the adop- tion of an ordinance. c. Additional minimum eligibility criteria. The city will also evaluate applications for consideration based on these additional factors: I. The purchase and use of local materials, goods and services to be utilized in the construc- tion or expansion of facilities; 2. The applicant's (employer's) willingness to hire and employ local Winter Springs' residents; 3. The applicant's (employer's) offering or providing healthcare, daycare and other benefits to employees; 4. The applicant's (employer's) locating of the facility or expan- sion of existing facility within a targeted area (as identified by federal, state, county or local governments and by resolu- tion); and 5. The strategic importance of the proposed facility or expansion of an existing facility relative to the federal, state, regional, county or municipal economic development efforts and objec- tives. (4) Long-term lease value as capital invest- ment. The city will consider long-term lease payments, for occupancy of a facil- ity, as a measure of capital investment. Long-term lease payments represent the applicant's (employer's) commitment to remain at the site and facility which would not have been created had the company not come to the area. (5) Application. Applicants for consideration for participation in the Winter Springs jobs growth incentive program will Supp. No. 33 184 complete an application form requiring the following development program information for submittal to the city: a. Business name and federal ID number (FEIN): b. Business description and NAICS classification; c. Primary contact information/ad- dress; d. Proposed physical development program/expansion/relocation; e. Estimated capital investment value of proposed expansion or relocation (includes building value, long term ieabe and equipment); f. Timing, type and distribution of new jobs to be created, including posi- tion classification, annual wage and other benefits, g. Type and distribution of existing jobs to be retained, classification, annual wage and other benefits; h. Statement that "but for" the consideration of potential avail- ability of incentives to offset develop- ment costs of the proposed expansion or relocation to the Winter Springs site or facility would not be viable or under consideration; i. Requested JGI grant amount; j. Anticipate spin-off impacts (employee housing purchases, purchases associ- ated with operations, etc.); k. Anticipated use of local suppliers or contractors. (6) Confidentiality. Applications and discus- sions between the city and applicants may be maintained confidential in accordance with the provisions of F.S. § 28800754 (7) Evaluation and review of jobs growth incentive fund applications: a. Completed applications for consideration shall be submitted to the city manager, or the manager's ADMINISTRATION designee, for review of the applica- to equal and exceed the award tions completeness and sufficiency. amount (return on investment Further, a city staff level review period). will be completed by the city manager and the city attorney. b. Approval of any award under this article shall be at the sole and b. Upon a preliminary determination absolute discretion of the city com- by the city manager that the applica- mission. The city commission's deci- tion satisfies the requirements of Sion as to whether or not to this article, the application will be appropriate grant funds to any forwarded to the city commission particular project shall hereby be for preliminary consideration. The deemed a budget appropriation and city manager will forward the shall not be appealable. application along with a recom- mendation as to whether or not the c. All awards shall be subject to the application should be approved or award recipient executing a jobs denied, the amount of the award, growth incentive performance agree - and if approved, whether any con& ment with the city and filing with tions are to be placed upon the the city manager a security instru- award. ment required by the city such as a (8) Approval process: letter of credit. No award will be disbursed by the city until said agree. a. The city' manager, or the manager's ment and security instrument are designee, shall prepare an agenda properly executed and provided to item for consideration by the city the city. commission at a scheduled city com- mission meeting. Said agenda item (g) Disbursement and use of City of Winter shall include: Springs JGI funds: 1. A complete and satisfactory application; a. Applicants that are approved for a 2. The findings and recommenda- grant by the city commission shall tions of the city manager and be required to enter into a jobs city attorney relative to the growth incentive performance agree - applicant's compliance with this ment, including a valid and satisfac- article; tory security instrument such as a letter of credit. The agreement will 3. A jobs growth incentive detail the specific job creation performance agreement that criteria, capital investment criteria, details the proposed performance criteria of the wage and salary criteria, timing, reporting requirements and other applicant and city; terms and conditions to satisfy, 4. The city manager's summary agreed upon conditions, and report and recommendations performance objectives. The agree - relative to whether or not the ment shall contain a mandatory applicant should receive an provision for repayment of the grant award under this article; and award to the city if the recipient of 5. The anticipated ad -valorem and the award fails to perform any condi- other city taxes to be gener- tion of the performance agreement. ated by the project and the If a failure occurs, the city may anticipated time period for said "claw -back" the award by making a ad -valorem and other city taxes claim against the security instru- Supp. No. 33 185 WINTER SPRINGS CODE ment or by taking any other lawful action against the recipient to recover the grant award. b. Award funds granted by the city may be used for: L Reducing the cost of impact fees associated with the project; 2. Expansion and construction costs; 3. Costs associated with corporate relocation; and 4. Any other legitimate business expense approved by the city commission in the job growth incentive performance agree- ment that serves a municipal purpose and is consistent with the intent and purpose of this article. (10) Company records, reports and compli- ance: a. Each recipient of a grant award shall, in addition to other require- ments in the performance agree- ment required by this article, document the use of grant award received and certify that the funds have been expended in accordance with said agreement. Further, the recipient shall create and maintain records of new jobs created and supply all records relating to the grant to the city as requested. The recipient shall also be required to provide an annual report, in a format acceptable to the city. These annual reports will be due each year on the anniversary of the execution of the grant performance agreement. I In the event a recipient of a grant award fails to comply with the terms and conditions of the grant performance agreement, the city may terminate the grant agreement and impose sanctions including, but not limited to, pursuit of a refund of all grant monies, reimbursement of all costs incurred in the processing and Supp. No. 33 186 administration of the project and debarment from participation in any city assistance programs in the future, including future grant consideration. (11) Adoption of rules by city manager. The city manager shall have the power and authority to promulgate administrative rules and formulate city administrative policy in order to implement the provi- sions of this article. In addition, the city manager shall have the power to create forms to be used by the city in implement- ing this article including, but not limited to, applications, agreements, security CuU,iv , ila, Alli.t7 annual reports. Further, the city manager and city attorney shall have the authority to negotiate and draft all legal instruments required under this article including, but not limited to, any performance agree- ment or security instrument. Such instru- ments shall be submitted to the city commission for final approval if required by this article. (Ord. No. 2011-14, § 2, 10-10-11) Secs. 2-305-2-399. Reserved. ARTICLE IX. PROCEDURES FOR NAMING OF BUILDINGS, PARKS, AND STREETS Sec. 2-400. Intent and purpose; findings. (a) The intent and purpose of this section is to establish a uniform method and procedure to assist the city commission in naming certain city buildings, parks, and streets. The city commis- sion hereby finds that the authority to name city buildings, parks, and streets is solely vested in the city commission. Nothing herein shall be construed as a delegation of any authority to name a city building, park, or street to any other person or entity. The naming of city buildings, parks, and streets shall be determined in the sole and absolute discretion of the city commis- sion by majority vote. However, a renaming of ADMINISTRATION § 2-403 any existing city building, park, or street that (8) Honoring a significant event. has already been named in honor of a person (9) Documented community support for the shall require a super -majority vote. name. (b) This article shall not apply to any contract (Ord. No. 2025-07, § 2, 3-31-25) approved by the city commission granting to a corporate or other sponsor temporary naming Sec. 2=403. Other factors. rights to a city recreational facility. (Ord. No. 2025-07, § 2, 3-31-25) When considering the naming of any city building, park, or street, the city manager and Sec. 2401. Generally. city commission shall also consider the following other factors: The naming of a city building, park, or street shall be determined by the city commission (1) The cost that the naming or renaming either (i) based on its own initiative; (ii) upon a will have on the city or any other person recommendation by the city manager; (iii) upon who is or could be materially affected by the request of any person or entity desiring to the name or name change; assist the city commission in determining the (2) Naming proposals that promote alcohol name of any city building, park, or street; or (iv) or tobacco products or political organiza- as part of city commission approval of a new land bons/endorsements will not be considered; development project which consists of a new city building, park, or street pursuant to the city's (3) Preference shall be given to names or land development regulations. The city manager long established local usage and names may make a recommendation to the city commis- that lend dignity to the building, street sion based on their own initiative, or as part of or park to be named; an assistance petition as set forth below. (Ord. No. 2025-07, § 2, 3-31-25) (4) Persons currently serving on the city commission or serving as an existing city Sec. 2-402. Naming guidelines& employee shall not be considered; When considering the naming of any city (5) Names selected shall be widely recognized building, park, or street, the city manager and and of enduring, honorable fame, not city commission shall consider any of the follow- notoriety, and shall be commensurate ing naming attributes: with the significance of the building, street, or park named; (1) Recognized geographic features and com- munity names. (6) Names with connotations which by contemporary community standards are (2) Functional or purpose -based names such derogatory or offensive shall not be city hall, public library, treatment plant, considered; etc. (7) Proliferation of the same name for differ- (3) Natural historic features and local flora ent city buildings, streets, or parks shall and fauna. be avoided; (4) Significant public contributions and (8) proliferation of multiple names for differ - service to the city, State of Florida, or ent parts of a particular city park shall United States. be avoided; (5) Significant material or financial contribu- tions to the city. (9) If the name is an individual person, whether the individual has ever been (6) Persons of historic service to the city. convicted of a crime based on background (7) Persons of outstanding civic service to screening conducted by the city's police the city. department; and Supp. No. 33 187 WINTER SPRINGS CODE (10) Names should not create confusion for 911 and first responders. (Ord. No. 2025-07, § 2, 3-31-25) Sec. 2-404. Assistance petitions. Any person or entity wishing to assist the city commission in determining the name of a city building, street, or park shall submit an assistance petition to the city manager for evaluation and a recommendation by the city manager. The peti- tion shall be in writing and shall demonstrate the basis on which the petitioner believes the naming request satisfies the naming guidelines and other factors set forth in this article and shall demonstrate that requisite minimum com- munity support has been obtained by the petitioner pursuant to this article. Upon receipt of duly submitted assistance petition, the city manager shall make a recommendation to the city commission either for approval or disap- proval of the assistance petit1011. (Ord. No. 2025-07, § 2, 3-31-25) Sec. 2-405. Minimum community support. Each assistance petition submitted to the city manager shall be accompanied by petition signatures that demonstrate minimum com- munity support as follows: (1) Street naming: the assistance petition shall be signed by at least seventy-five (75) percent of the property owners along the segment of the street to be renamed. (2) Building or park naming: the assistance petition shall be signed by at least one hundred fifty (150) registered voters of the City of Winter Springs to demonstrate a minimum level of community support. No assistance petition shall be processed by the city manager unless said petition has the minimum number of signatures required by this subsection. (Ord. No. 2025-07, § 2, 3-31-25) Su No. 33 [The next page is 203] PP• 188 ALCOHOLIC BEVERAGES Sec, 34. Definitions. (a) For purposes of this Chapter 3, the words and phrases used in this Chapter 3 that are also defined in the beverage laws of the State of Florida shall have the same meaning provided by said beverage laws. (b) Unless otherwise defined in the beverage laws, the following words and phrases when used in this chapter shall have the following meaning: (1) Public place: Any public street, park, alley or sidewalk, any parking area or private street open to the public, or outside of any building containing an establishment open to the general public located within the City of Winter Springs. (2) Open container: Any container of alcoholic beverage that is open or from which the seal has been broken. (Ord. No. 2003-01, § 2, 8-11-03) Sec. 3-2. Location of business engaged in sale prohibited near church or school. (a) No business proposing to engage in the sale or serving or allowing the consumption of alcoholic beverages (alcoholic beverages defined as all beverages containing more than one (1) percent of alcohol by weight) shall be allowed to locate within two hundred (200) feet in an airline [a straight line] from any existing church or a public or private school operated for the instruc- tion of minors in the common branches learning, relating to pre -kindergarten through grade 12 with said distance being measured from building to building at their closest points. Whenever a vendor of alcoholic beverages has procured a license certificate permitting the sale of alcoholic beverages and, thereafter, a church or school shall be established within two hundred (200) feet of the vendor of alcoholic beverages, the establishment of such church or school shall not be cause for the discontinuance or classifica- tion as a nonconforming use of the business as a vendor of alcoholic beverages. Supp. No. 33 (b) Interpretation of "church property." A church is a facility primarily intended for the purpose of conducting organized religious wor- ship services and permitted accessory uses. Church property, as used in this Part, is the ground or land upon which a church and its permitted accessory uses are located and which is in ownership or lease control of the church on the property. If if (c) Interpretation of school property.The word "school" as used in this Part shall mean any public, private or parochial institution conduct - and offering to minors a course of general or vocational education and mental training. School property, as used in this section, is the ground or land upon which a school and its permitted accessory uses are located and which is in owner- ship or lease control of the school on the property. (Code 1974, § 34; Ord. No. 735, § I, 9-27-99; Ord, No. 2003-01, § 11 8-11-03) Editor's note —Formerly numbered as section 3-1. Alcoholic beverage vendors in the town center. In those areas zoned Town Center Zoning District or Greene Way Interchange Zoning District, a variety of densely developed land uses are encouraged in the area and the restrictions set for in section 3-2 shall not apply. (Ord. No. 735, § II, 9-27-99; Ord. No. 2003-01, § 1, 8-11-03) Editor's note —Formerly numbered as section 3-2. 205 Sec. 34. Hours of sale; hours consumption prohibited in places of public accommodation. (a) It shall be unlawful for any person in the city to sell, barter, exchange or in any manner deal in alcoholic beverages containing more than onA (1) percent of alcohol by weight between the hours of 2:00 a.m. and 7:00 a.m. of the same day. (b) It shall be unlawful for any person to consume in places of public accommodation any alcoholic beverage containing more than one (1) percent of alcohol by weight between the hours of 2:00 a.m. and 7:00 a.m. of the same day. (Code 1974, § 3-5; Ord. No. 735, § II, 9-27-99; Ord. No. 2003-01, § 1, 8-11-03) Editor's note —Formerly numbered as section M. WINTER SPRINGS CODE Sec. 3-5. Bottle clubs prohibited. (a) For the purpose of this section the follow- ing definitions of terms shall control: Bottle club shall mean any place or establish- ment where: (1) A product or article for consideration is sold, dispensed, served or provided with the knowledge, actual or implied that the same will be or is intended to be mixed, combined with or drank in connection or combination with an alcoholic beverage for consumption on the premises. (2) A bottle club does not include a social, fraternal or civic, association or organiza- tion which only occasionally or intermit- tently provides facilities for on -premises consumption of alcoholic beverages by its members and their guests and is not registered to sell alcoholic beverages. Nor shall this definition be deemed to preclude or prohibit the operation of private clubs as defined in F.S. § 561.20(7)(a). Alcoholic beverage shall mean and include all beverages containing more than one (1) percent of alcohol by weight. (b) All bottle clubs shall be prohibited from operation within the corporate limits of the city. (c) This section shall not be construed to affect, nor is it intended to affect, those places or establishments whose hours are established or controlled pursuant to F.S. § 562.14 or other city ordinance pertaining to hours of sale, hours of consumption. (d) Any person or agent thereof who violates any of the provisions of this section shall be punished by F.S. § 162.09 and section 2-61(6) of this Code. Wherein, it so stipulates that a viola- tor may be ordered to pay a fine not to exceed two hundred fifty dollars ($250.00) for each day the violation continues past the date set for compli- ance. (Ord. No. 419, § 1, 6-13-88; Ord. No. 735, § II, 9-27-99; Ord. No. 2003-01, § 1, 8-11-03) Editor's note —Formerly numbered as section 3.4. Supp. No. 33 206 co 3-6. Reserved, Sect. 3-7. Open containers in public places. (a) It shall be unlawful for any person to drink or consume alcoholic beverages, or possess an open container, in a public place in a manner that creates or contributes to a danger to the public peace, health, safety and welfare, or disturbs the comfort and repose of the citizens in close proximity. (b) At the time a citation is issued for a violation of section 3-7(a), law enforcement shall have the authority to confiscate and dispose of all alcoholic beverages in the possession of any persons cited in order to abate the danger or disturbance. (Ord. No. 2003-01, § 2, 8-11-03) Sec. 3-8. Penalty. In addition to any other legal remedies and penalties provided by state and federal law, any person alleged in violation of the provisions of this chapter may be issued a civil citation which shall be punished by a fine of two hundred fifty dollars ($250.00), unless specifically provided otherwise in this chapter. (Ord. No. 2003-01, § 2, 8-11-03) Sec. 3-9. Reserved. ALCOHOLIC BEVERAGES Sec. 3=10. Nudity prohibited upon alcohol licensed premises and bottle clubs. (a) Definons. When used in this section the following terms shall have the following mean- ings which are intended to have the same mean- ings as those same terms are defined in Section 3 of the Public Decency Ordinance of Seminole County, Florida, as follows: (1) Breast shall mean a portion of the human female mammary gland (commonly referred to as the female breast) includ- ing the nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such outside area is: (i) reasonably compact and contiguous to the are- Supp. No. 33 206.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 33 206.2 TREE PROTECTION AND PRESERVATION Sec. aml. Applicability. This chapter shall be applicable to all land lying in the incorporated area of the city and within all zoning districts. To the extent that any provision of this chapter conflicts with any other provision of the City Code related expressly to the protection and management of trees, the conflicting provisions of this chapter shall prevail and be given effect over the other conflicting provision. (Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 1043-03; Ord. No. 2020-03, § 2, 743-20) Sec. 5-2. Intent and purpose. (a) Intent and purpose. The intent and purpose of this chapter is to establish uniform protective and management regulations for trees and land clearing within the city in order to maintain and protect the environment including the city forest. Trees are a valuable community resource that serve to better control problems of flooding, promote soil conservation, improve air and water quality, reduce noise and glare, provide habitat for wildlife, moderate the climate, and to make the city a healthier, more attractive and safer place in which to live. Additionally, this chapter is intended to encourage the protection of the maximum number of desirable trees native to Central Florida and to encourage proper removal of exotic, pest trees. To this end, it shall be unlawful to cut down, damage, poison, or in any other manner destroy or cause to be destroyed any tree or other vegetation or engage in unpermitted land clean ing as covered by the provisions of this chapter except in accordance with the provisions set forth herein. Notwithstanding, in case of emergen- cies involving natural disaster such as, but not limited to, flood, freeze or other natural disasters, the requirements of this chapter may be temporar- ily waived by the city commission by resolution. (Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 10-13-03; Ord, No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 7-13-20) Supp. No. 33 Sec. 5-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated unless the context clearly indicates otherwise: Caliper: Measurement of tree twelve (12) inches from soil level. City manager. The city manager or designee. Canopy tree. A species of tree that naturally develops with an elevated shade crown and which normally grows to a mature height of approximately forty (40) feet or more and/or a shade crown of approximately thirty (30) feet in diameter or more. Such species shall be listed on the desirable species list in appendix B or appendix C for approved streetscape canopy tree types for streetscape trees along S.R. 434 and Tuskawilla Road, and include, but are not limited to, bald cypress, Chinese elm, Florida elm, live oak, pignut hickory, red maple, sand live oak, southern magnolia, sweetbay, sweetgum, sycamore, water oak and winged elm. City. The City of Winter Springs, Florida. City trees shall mean all street trees located along a public right -of --way; streetscape trees under chapter 20, article VII of the City Code; park and Cross Seminole Trail trees; and trees required to be preserved for the public benefit by development agreement, conservation easement or landscape easement in favor of the city and approved by the city commission. City forest. The aggregate of all city trees which are planted in public places authorized anI required to be managed by the city. Crown. The mass of branches, twigs and leaves at the top of a tree, with particular reference to its shape. 311 Destroy or destroyed. To cause, suffer, allow or permit any act that will effectively cause a tree to die or go into a period of unnatural decline within one (1) year from the date of the act. Acts that may effectively destroy a tree include, but are not limited to, excessive pruning, changing the natural grade above the root system or around the trunk, damage inflicted on the tree permitting infection or pest infestation, applica- WINTER SPRINGS CODE tion of herbicides or other chemical agents, intentional fire damage to the tree permitting infection or pest infestation, the infliction of a trunk wound or wounds that cumulatively are twenty (20) percent or greater of the circumfer- ence of the trunk, or the removal of sufficient canopy to cause the unnatural decline of the tree. DBH. Diameter at breast height measured four and one-half (41/2) feet from ground level at the base of tree. If a tree has co -dominant stems at or below four and one-half (41/2) feet from ground level, it shall be measured as two (2) separate trees. Desirable trees. Trees that are preferred by Lau ciuy and paruicuiariy adaptive to Central Florida identified as "desirable trees" in appendix B of this chapter, as may be amended by the city manager or city commission. Dripline. The vertical line running through the outermost portion of the tree crown extend- ing to the ground. Encroachment. The protrusion into a vehicular access way, pedestrian -way, or required landscape area. Heavy machinery. Mechanical land clearing, earth -moving, or earth -working equipment with a gross weight in excess of five thousand (5,000) pounds. For purposes of this chapter, all machinery which utilizes steel tracks for traction shall be considered to be heavy machinery, regardless of weight. Historic tree. A specimen tree which has been found by the city commission to be of notable historic interest to the city based on its age, species, size, historic association, ecological value (such as a tree regularly and historically used as an eagles nest) or unique characteristics. A historic tree may also be known as an heirloom tree or heritage tree. Land clearing (grubbing). The act of removing or destroying 4- 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 Supp. No. 33 312 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. Person. Any individual, firm, corporation, partnership, joint venture association, principal, trustee, municipal corporation, political subdivi- sion, or special district, or any agent or representa- tive thereof Primary tree protection zone. This shall mean the front, side and rear yard areas as established and required by the land development code of the city as the same may, from time to time, be amended. Protected area. An area surrounding a protected, historic, or specimen tree within which physical intrusion is prohibited in order to prevent damage to the tree, roots and soil around the tree base, the dimensions of which shall be established by the city and set forth in the tree removal permit, in according with section 5-14. Protective barrier. Shall be a polygon of two (2) inch by four (4) inch wide stakes spaced a maximum of eight (8) feet from each other at the perimeter of the tree protection zone and which extend out of the ground at least thirty-six (36) inches, with the top four (4) inches marked by fluorescent orange paint or tape or such other appropriate barrier to protect protected trees and landscape areas on a site specific basis which is authorized by development permit. Replacement trees. Replacement trees shall at a minimum comply with the provisions of subsec- tion 5-9. Secondary tree protection zone. This shall mean all areas not included in the primary tree protec- tion zone. Subdivision street rights -of -way and easements are also defined as being within the secondary tree protection zone. TREE PROTECTION AND PRESERVATION Silviculture. A process, following acceptable forest management principles, whereby the crops constituting forests are tended, harvested and reproduced. Specimen tree. A canopy tree, other than a structurally unsound tree that cannot be recovered by pruning, dead tree, or diseased tree, that has a DBH of twenty-four (24) inches or more. Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of roots. Structure. Anything constructed, erected or placed, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground. This definition shall not include sidewalks, walkways, driveways or similar type improvements. Transplant. The act of relocating an existing tree upon the same lot or such other appropriate location approved by the city. Tree. Self-supporting woody, perennial plants which have a trunk with a DBH of at least four (4) inches and normally grow to an overall crown height of a minimum of fifteen (15) feet. Cabbage palm greater than fifteen (15) feet tall. Tree protection zone. Shall mean that area located around the perimeter of the tree in which no activity such as clearing, filling, excavating, storage of materials, parking of vehicles, or any other activity that in the opinion of the city arborist may damage the tree may occur. The tree protection zone shall extend from the trunk of the tree to the dripline. Tree removal. Shall mean any act which will cause a tree situated on real property to die within a period of two (2) years from the time of the act including, but not limited to, by cutting, girdling, relocating, interfering with the water supply, applying chemicals, regrading around the base of the tree trunk. Tree replacement assessment. Tree replace- ment assessment shall mean the total amount of monetary compensation owed to the city may be Supp. No. 33 required by this chapter for the replacement of trees cut, destroyed, or removed as a result of development or redevelopment. Tree replacement credit. The tree replacement credit shall be established by the city commis- sion and set forth in appendix B: desirable trees. Tree trunk. The main stem of a tree apart from limbs and roots. Undesirable trees. All types of trees identified as "undesirable trees" in appendix A of this chapter as amended from time to time by the city manager in writing. Windowing. Removing several branches sym- metrically within the area of the tree to provide a fully framed view of the scenery that lies beyond the tree. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 7-13-20; Ord, No. 2025-01, § 2, 1-27-25) Sec. 5-4. Permit required for tree removal and land clearing; separate viola- tions; 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 includ- ing a tree removal and landscaping/tree replace- ment plan shall not excuse an applicant from the requirement to apply for a tree removal or land clearing permit separately herein and concur- rently with 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 clear- ing or tree removal, the contractor must have a valid city issued arbor license required by subsec- tion 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 313 § 5-4 WINTER SPRINGS CODE removal or an 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 verifica- tion 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 construc- tion 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 tliat 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 construc- tion 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 obstruc- tions to vehicle drivers within a intersec- tion 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. Supp. No. 33 314 (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 obs'r,ruct a substantial portion of a property 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. (c) Review guidance. To help guide the city in making decisions under this chapter, including identifying which trees listed under subsection 5-4(b) may be removed, the city shall consider that the spirit and intent of this chapter is to mitigate against the removal of trees and weigh the following nonexclusive list of factors to the extent relevant and necessary: (1) Necessity to remove trees which pose a clear and obvious safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services or a significant obstacle to accessing and utiliz- ing public easements and rights -of -way. (2) Necessity to remove trees which pose a clear and obvious safety hazard to build- ings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and non - occupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. TREE PROTECTION AND PRESERVATION (3) Necessity to remove diseased trees or b. Need for providing ingress and egress trees weakened by age, storm, fire or access to the construction site for other injury or trees with severe structural use by construction equipment and defects that pose a clear and obvious short term storage of construction safety hazard to people, buildings or equipment and supplies. This ingress other improvements on lot or parcel of and egress should coincide with the land. ingress and egress approved by the (4) Necessity to remove trees which prohibit final development permit. or have the effect of prohibiting the c. Essential grade changes that installation or operation of a solar collec- otherwise cannot be designed around tor, clothesline, or other energy device to avoid tree removal. based on a renewable resource. The d. Need for locating street or road applicant shall submit operating instruc- rights -of --way, utilities, drainage tions or other manufacturer guidance ways, as well as the need to provide setting forth the amount of sunlight reasonable use and property access. exposure required for proper operation of the energy device or other such evidence e. Need to gain reasonable vehicle or of the necessity to remove trees. utility access when no other reason- (5) The extent to which tree removal is able alternative exists. likely to result in damage to the property (10) The extent of any damage or demonstrated of other owners, public or private, includ- hardship which would result to the ing damage to lakes, ponds, streams, or applicant from a denial of the requested rivers through runoff or erosion. permit. (6) Any proposed landscaping including plans (11) The species and size of the trees proposed whereby the applicant has planted or for removal. will plant trees to replace those that are proposed to be cleared. (12) The following factors shall also be (7) Topography of the land and the effect of considered: tree removal on erosion, soil retention a. Trees forming the current canopy. and the diversion or increased flow of surface water. b. Preservation of the next generation of trees. (8) Good forestry practices, such as the number of healthy trees that a given (13) Necessity to protect active nests of migra- parcel of land will reasonably support tory birds, bird species listed as species and the proven techniques that sustain of special concern, rate, threatened, or healthy trees. endangered by the state fish and wildlife commission, or which a known breading (9) After first exploring whether reasonable area for a colony of birds. alternative design plans are feasible, necessity to remove trees in order to (14) Whenever necessity is a relevant factor construct, approved and permitted in support of removing a tree, the follow - improvements to allow economic enjoy- ing factors shall also be considered: ment of the property, including: a. The number of trees being preserved a. Need for access circulation around on the subject property. the proposed structure which are necessary to allow workers to safely b. The extent that the proposed removal utilize construction equipment causes the least amount of damage (maximum of ten (10) feet). to existing trees. Supp. No. 33 315 WINTER SPRINGS CODE c. The extent that the proposed removal results in the maximum amount of mitigation or replacement trees for each tree removed. (15) This chapter shall be interpreted so as not to cause a taking or an inordinate burden on a landowner in accordance with law. (16) Whenever a tree condition or risk assess- ment is required under this chapter, such assessment shall be performed on -site in accordance with the tree risk assessment procedures outlined in Best Manage- ment Practices —Tree Risk Assessment, Second Edition (2017) by an arborist V'Rilif p,d by flip Tn}prnntinnal S. +xT �- Arboriculture or a Florida licensed landscapelandscape architect and signed by the certified arborist or licensed landscape architect. The factors listed in this subsection (c) are for guidance purposes only, and do not constitute an independent basis for the granting of a tree removal or land clearing permit. (d) Silviculture exemption. All trees planted specifically for silvicultural purposes shall be exempt from the provisions of this chapter provided the property owner can provide documentation to the city evidencing that: (1) The property is registered as a silvicul- tural site with the division of forestry; and (2) Trees of typical harvestable size and type exist on the property which are capable of being harvested for income and that the property owner has, or intends to, generate income from the harvested trees. (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 Supp. No. 33 316 business tax receipt, state license if required and proof of liability and workers' compensation insur- ance. As a condition of obtaining a license under this subsection, any previously unpaid penalties imposed by the city under section 548 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 faiI to obtain a permit on behalf of a property owner pursuant to subsection 5-4(a) of this chapter. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 1043-03; Ord. No. 2006-23, § 4, 1241-06; Ord, No. 2010-04, § 2, 3-8-10; Ord. No. 201146, § 2, G-G I -1Gj "it'd. No. 201003, § 2, I-25-16; Urd, No. 2020-03, § 2, 7-13-20; Ord, No. 2022-10, § 2, 9-12-22; Ord. No. 2025-01, § 2, 1-27-25) activities authorized and preempted by state or federal law. Land clearing and tree removal activities authorized and preempted by state or federal law shall be exempt from section 5-4, permit required. Land clearing and tree removal activi- ties authorized and preempted by state or federal law include, but are not limited to: (1) Removal of trees on residential property which pose an unacceptable risk to persons or property in accordance with F.S. § 163.045, for which no replacement trees will be required. Property owners remov- ing trees pursuant to F.S. § 163.045 shall possess documentation from an arborist certified by the International Society of Arboriculture or a Florida -licensed landscape architect prior to removal of the tree. For purposes of this section, "documentation" shall mean an on -site assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices — Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect TREE PROTECTION AND PRESERVATION and signed by the certified arborist or (b) Scope of authority. The city arborist shall licensed landscape architect. The be charged with the responsibility and authority documentation must demonstrate that to review and oversee all activities within the the tree poses an unacceptable risk to city limits which involve tree removal, land persons or property and that removal is clearing, or danger to and by any tree. the only means of practically mitigating Notwithstanding, the city arborist shall have its risk below moderate, as determined absolutely no authority to vary any plans, permits, by the tree risk assessment procedures or agreements approved by the city commission. outlined in Best Management Practices — Tree Risk Assessment, Second Edition (c) Responsibilities. The role of the city arborist (2017). Further, for purposes of this sec- shall include, but not necessarily be limited to: tion, a itresidential property shall mean (1) Receiving and processing applications for a single-family,detached buildinglocated tree removal, land clearing and other on a lot that is actively used for single- permits under this chapter. family residential purposes and that is either a conforming use or a legally (2) Inspection of all property subject to an recognized nonconforming use in application. accordance with the city's applicable land (3) Confirming all information provided by development regulations. The term the applicant is correct and accurate. "residential property" for purposes of this subsection does not include any property (4) To approve or deny all permit applica- not meeting the aforementioned defini- tions required by this chapter unless tion including, but not limited to, multi- otherwise expressly stated under this family property; common areas owned by chapter. a homeowners or condominium associa- tion; vacant land zoned or designated (5) To issue cease and desist work orders residential or mixed use (e.g., mixed use, upon persons in violations of this chapter town center, and GID) on the city's official for a maximum of two (2) working days. zoning map or future land use map; Upon review of the violation by the city public rights -of -way; or land subject to manager, the city manager may extend particular landscaping, tree planting or the cease and desist work order until the preservation requirements pursuant to violation is brought into compliance and an executed development agreement, all resulting fines incurred as a result of landscape easement granted to the city, the violation have been paid. The city or conservation easement. manager's decision may be appealed to the city commission pursuant to subsec- (2) A right and responsibility granted to an tion 546(b) of this chapter. electric utility to clear vegetation away from power lines in order to ensure the (6) To bring violators of this chapter before safe transmission of electricity to custom- the code enforcement board or special ers, as provided by state statutes and magistrate. Electric Tariff Rules including the preemp- (7) To issue code enforcement citations for tion under F.S. § 163.3209. any violation of this chapter. (Ord. No. 2020-03, § 2, 7-13-20; Ord, No. 2022- 10, § 2, 942-22) (8) To augment the city's forest by the plant- ing or approval of planting of additional Sec. 5-5. City arbor division* trees on public property. (a) Establishment of office. The city manager (9) To keep a permanent record of all historic shall appoint one (1) or more employees to act in or specimen trees designated by the city the capacity of arborist for the city. commission. Supp. No. 33 317 § 5-5 WINTER SPRINGS CODE (10) To educate the public regarding this sion of the property owner to the application. All chapter and the importance of maintain- completed applications shall be returned to the ing a city forest. arborist, along with the following: (11) Provide professional guidance to the city (1) A tree inventory, for the tree(s) to be manager regarding the maintenance of removed or the portion of the site to be city trees under section 541, and to developed, consisting of a scaled drawing handle other related job duties assigned of a scale of one (1) inch equals fifty (50) by the city manager. feet or less for undeveloped land or for developed single family residential land, (12) To serve as a member of the staff develop- a sketch approximately one (1) inch equals ment review committee. fifty (50) feet or less indicating: (13) To educate city personnel responsible for a. Property boundaries, tree removal, planting, pruning and b. The location of all individual trees landscape maintenance. including the tree's common or /i .e\ m scientific name, and DBH of trees. �l�±i LU a8518i, iti Implementing, and issue c, An indication of all trees proposed permits in furtherance of, any develop- for removal. ment agreement, plan, or permit approved d. Within the primary tree protection by the city commission relating to landscaping and trees, zone, a plan shall designate the trees to be retained and those (15) To provide professional guidance to the proposed to be removed, relocated city manager and city commission regard- or replaced. Those trees proposed ing their respective decision making under for removal, relocation or replace - this chapter including, but not limited to, ment shall also be identified by historic and specimen trees under sec- common or botanical name. tion 5-8 of this chapter. e. Within the secondary tree protec- (Ord. No. 2002-08, § 2, 4-8-02; 2003-22) § 2, tion zone, a plan shall designate the 10-13-03; Ord. No. 201146, § 2, 2-2742; Ord, trees to be retained, and those No. 2015-22, § 5, 10-2645; Ord. No. 2020-03, § 2, proposed to be removed. 7-13-20) f. The location of existing and proposed improvements, if any, including Sec. 5-6. Permit application, proposed additions to existing build- ings, existing and proposed build - (a) Filing application and payment of fees. An ings, structures, impervious surfaces application for tree removal and land clearing (e.g. pool decks, drives, parking shall be filed on official forms provided by the areas), stormwater retention areas, city's arborist. The applicant shall be required to utilities, and other such improve - pay a fee as may be established by resolution of ments. the city commission, except that no fee shall be g. A replacement plan indicating the required for the removal of trees that (i) are means of compensating for the tree(s) dead, diseased, or suffer from severe structural to be removed including the species defects, (ii) pose a clear and obvious safety and size of any replacement tree(s). hazard to structures and people, (iii) are removed for a public project sponsored and paid for by the h. Location of trees preserved for city, or (iv) any tree found on the Florida Exotic replacement credit. Pest Plant Council's Invasive Plant Species List. i. If grade changes are proposed If the applicant is not the property owner, then on the site, a grading plan the applicant shall attach the written permis- drawn to scale shall be Supp. No. 33 318 TREE PROTECTION AND PRESERVATION provided. In addition, a writ- or land clearing permit, at the time of ten statement shall be provided initial submittal of the preliminary by a landscape architect or subdivision plan and site and final other competent professional engineering plan, to the city so that due indicating the probability of consideration may be given to protection whether the grade change will of trees during the subdivision design result in the death of tree(s) process. Each application for a tree intended to be preserved. Said removal permit shall be subject to review statement shall immediately be under the staff development review com- brought to the attention of the mittee process. However, the tree removal city arborist at the time the permit shall not be approved and issued application is filed and by the city until the preliminary subdivi- prominently attached to the sion plan and site and final engineering front of the application. plans have been approved by the city j. A protection plan describing how commission and all requirements of this preserved tree(s) shall be preserved chapter have been met, including on the site and adjacent properties identification of a city -licensed tree during construction, tree removal, removal contractor as required by sec - and grading. If encroachments into tion 54. a specimen tree, historic tree, or (2) Any commercial, industrial, multifam- city tree required to be preserved, a ily, mixed use or other use requiring final plan, prepared by an ISA certified engineering arborist, must be submitted with and site plan approval under the city land development regulations the permit application specifying shall be required to submit an applica- the methods to be utilized to protect tion for a tree removal and land clearing and preserve the tree(s). This plan permit at the time of site plan submittal must address protection of the root system, crown, and stems of the so that due consideration maybe given to the protection of trees during the site trees, a means of supplying water plan design process. Each application for and essential elements to the root a tree removal permit shall be subject to system, and the proposed location of review under the staff development review the tree protection barriers. committee process. However, the tree k. An aerial photograph showing the removal permit shall not be approved boundaries of the subject property and issued by the city until all site and and adjacent properties. final engineering plan conditions of (2) Valid reasons for the removal of trees. approval have been satisfied, a building permit for a building or structure has (3) The appropriate permit fees. been approved by the building official, (4) A copy of any recorded development agree- and all requirements of this chapter have ment, conservation easement or city been met, including identification of a landscape easement recorded against the city -licensed tree removal contractor as subject property. required by section 54. (b) Time for application. Applications for a (3) All new single-family and duplex dwell - tree removal or land clearing permit shall be ing units shall be required to submit an made prior to removal or clearing; except that in application for a tree removal and land the following cases, application shall be filed clearing permit at the time of application when indicated: for a building permit; the tree inventory (1) All new subdivisions shall be required to may be shown on the building permit submit an application for a tree removal plot plan. The tree removal permit shall Supp. No. 33 319 WINTER SPRINGS CODI; 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 net, 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 compli- ance 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 commis- sion 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. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 1043-03; Ord. No. 2011-16, § 2, 2-2742; Ord, No. 2020-03, § 2, 7-13-20; Ord, No. 2025-01, § 2, 1-27-25) Sec. 54. Tree pruning standards. (a) Standards adopted. Trees intended for shade purposes shall be allowed to reach mature canopy spread and shall be pruned in accordance Supp. No. 33 320 with the ANSI A 300 Part I Pruning standard and ANSI Z133.1 safety standard. Pruning should be performed with defined pruning objectives and according to a specific pruning plan to accomplish the objective including the minimum and/or maximum branch size to be removed. (b) Unlawful pruning. The pruning techniques described in section 540(i) of this chapter shall be deemed unlawful. (2003-22, § 2, 10-13-03) Sec. 5-8. Specimen or historic trees. (a) Designation. Certain trees, herein referred to as it or "historic" trees, are of especially great concern to the public because of ecological value, of indigenous character, size, age or historic association. Determination that a tree is a historic tree shall be made by resolution of the city commission after a recommendation of the city'o arborist, and the city arboittlrall keep a permanent record of all trees so designated by the city commission. Specimen trees are all canopy trees (other than trees that are structur- ally defective or unsound that cannot be recovered by pruning, dead trees or diseased trees) which have a DBH of twenty-four (24) inches or more. Designation as an historic tree may occur in any one (1) of the following ways: (1) A property owner may request designa- tion of an historic tree as part of any master plan, preliminary subdivision plat, or site plan application. To do so, the property owner shall submit an expert evaluation by a landscape architect, hor- ticulturalist, city forester, or other horticultural expert as part of the applica- tion. (2) A property owner may request such designation at any time. To do so, the property owner shall submit an expert written evaluation by a landscape architect, horticulturalist, city arborist or other horticultural expert, or alternatively, request that the city arborist conduct an expert evaluation at no cost to the property owner. (3) The city's arborist may recommend such designation at any time including as part TREE PROTECTION AND PRESERVATION of their review of any application for Code. The city may require root barriers development, stating in writing their as a mitigation measure to address future reasons for such designation, or may potential root damage concerns. make such designation as part of an (2) Modify the existing specimen tree. The overall tree protection planning program applicant shall make reasonable efforts for the city or portion thereof to design proposed or existing improve- ments, including but not limited to, the (4) The city commission may designate, at structure, driveway, and utilities, to its sole discretion, a city tree, as defined in section 5-3, a historic tree sua sponte, accommodate the existing specimen tree with modifications or upon request of a Winter Springs by root pruning or resident, business owner or civic group. tree pruning that would not cause significant harm to the tree, as determined (5) Historic tree designations shall be subject by an arborist certified by the to approval by resolution of the city International Society of Arboriculture, commission and the city commission may and preserve its well-being as determined grant double tree replacement credits, under this chapter. The applicant shall upon granting an historic tree designa- be required to submit an opinion of a tion. certified arborist and/or multiple alternate development plans, demonstrating that (b) Removal. Notwithstanding any other provi- reasonable efforts to modify the speci- sion of this chapter, specimen or historic trees men tree have been made, prior to removal (hereinafter under this subsection "specimen of the specimen tree being approved. The tree") shall not be removed except for design may include and justify the extraordinary circumstances and hardships and consideration of any necessary variances only by final permit approved by the city com- or waivers under chapter 20 of the City mission pursuant to subsection 5-6(b) after Code. The city may require root barriers consideration of a written recommendation by as a mitigation measure to address future the city arborist and department director and potential root damage concerns. only after the applicant has provided such (3) Relocate the existing specimen tree on - documentation, as may be required by the city, site. The applicant shall submit demonstrating that the applicant has engaged in documentation from an arborist certified good faith in the following sequence of actions, in by the International Society of Arboricul- the order shown below, to attempt to preserve, ture, which conforms to industry modify, and relocate the specimen tree: standards and which includes an opinion regarding whether the specimen tree may (1) Preserve the existing specimen tree on site. The applicant shall make reason- be relocated on -site to a location that can accommodate the natural growth of the able efforts to design proposed or exist- tree without significant harm to the tree. ing improvements, including but not The relocation may include and justify limited to the structure, driveway and the consideration of any necessary vari- utilities to accommodate the natural ances or waivers under chapter 20 of the growth of the tree. The applicant shall be City Code. The city may require root required to submit multiple alternate barriers as a mitigation measure to development plans, demonstrating that address future potential root damage reasonable efforts to preserve the speci- concerns. men tree have been made, prior to removal of the specimen tree being approved. The (4) Alternative design and removal. Before design may include and justify the removal of the specimen tree may be consideration of any necessary variances approved, the applicant shall provide or waivers under chapter 20 of the City documentation that actions (1)(2) and (3) Supp. No. 33 321 WINTER SPRINGS CODE have been reasonably explored and are not feasible to preserve, modify, or relocate the existing specimen tree(s). Feasibility shall be determined by the city commis- sion after evaluating the prepared alternate development plans and opinion of the certified arborist that the speci- men tree(s) cannot reasonably be preserved, modified, or relocated. The alternative development plans shall depict site constraints and design limitations due to the specimen tree(s). The alternate development plans shall also depict pos- sible adjustments of building orienta- tions and other proposed improvements; requests for variances and waivers to icon:. cdut� tiiC lIAIUIl ti oc(S); iCllU - tion of developable area; and such other design alternatives for the site. The applicant bears the burden of proving it has exhausted feasible development plans to preserve existing specimen tree(s) in order to justify the removal of any exist- ing specimen tree. (5) Extraordinary circumstances and hard- ships. The applicant bears the burden of demonstrating that an extraordinary circumstance and hardship exists to justify the removal of a specimen tree is neces- sary and can not be preserved in its current location pursuant to the sequence of actions set forth in this subsection (b) and by utilizing the tree removal condi- tions set forth in subsection 5-4(b) of this chapter. (6) Waiver or variance permit fees. City permit fees related to any waiver or variance application(s) submitted by an applicant under chapter 20 of the City Code, which are required to preserve the specimen tree(s) under this section, shall be waived by the city. (7) Tree replacement requirements. Notwithstanding any other provision of this chapter, for each specimen tree permitted to be removed under this sec- tion, replacement of the lost tree canopy resulting from the removal of a specimen tree is imperative. The city may require Supp. No, 33 322 up to twice the amount of canopy replace- ment trees or tree bank contribution required for replacement of each DBH protected tree in the category of sixteen (16) inches up to twenty-four (24) inches. Location of the replacement trees shall be on -site and determined by the applicant. If the replacement trees cannot be accommodated on -site because of insuf- ficient planting area as determined by the city arborist, then the applicant shall be required by the city to either plant the pl reacement trees off -site at a location determined by the city or provide the replacement trees to the city so the city can plant the replacement trees off -site, ur, as an alternative, shall provide the tree bank contribution to compensate for those replacement trees that cannot be accommodated on -site. (8) Appeal of city manager decisions. Final permit decisions made by the city manager are subject to appeal to the city commis- sion pursuant to subsection 546(b) of this chapter. (c) Historic tree incentives. Property owners shall receive the following incentives if their property contains one (1) or more designated historic tree(s): (1) Each historic tree will be placed on the city's register of historic trees which will contain any historical information about the tree, property owner(s) and its designation. A legal instrument will be prepared by the city attorney to be executed by the city and property owner and recorded against the land on which the tree is located for purposes of denot- ing the historic tree designation and protections afforded hereunder and to provide the city ingress and egress to conduct the inspections authorized by this section. Further, the property owner will be provided a small weather resistant ground emblem denoting the historic designation. (2) With permission of the property owner, the city arborist will conduct a periodic TREE PROTECTION AND PRESERVATION inspection approximately every two (2) ties, and/or other characteristics years of each historic tree in order to comparable to that of the tree(s) requested evaluate the health and well-being of to be removed. each historic tree. Such inspection will be at no cost to the property owner. (2) Size of replacement trees. Replacement tree(s) are to be made according to the (3) To the extent that a permit is required tree replacement standards set forth in under this chapter to trim or maintain a Table 1 [at the end of this section]; or (2) historic tree, the fee shall be waived. otherwise agreed upon by the city com- mission and applicant. (4) Upon request of and with the permission of the property owner, the city arborist (3) Tree species. Relocated or replacement will conduct an inspection of the historic trees shall include only species and sizes tree after a storm or other catastrophic defined as desirable trees (Appendix B) event in which a historic tree has suf- under this chapter. fered significant damage. (4) Transplanting and maintenance require - (Ord. No. 2002-08, § 2, 4-8-02; 2003-22) § 2, ments. All trees transplanted pursuant 1043-03; Ord. No. 2011-16, § 2, 2-2742; Ord. to this chapter shall be maintained in a No. 2012-12, § 2, 9-10-12; Ord, No. 2016-03, § 3, healthy, living condition. Any such trees 7-2546; Ord. No. 2020-03, § 2, 743-20) which die shall be replaced and maintained by the property owner. The Sec. 5-9. Tree replacement guideliness city shall retain jurisdiction for one (1) year to ensure compliance with this (a) Tree replacement. All trees that are removed chapter. or destroyed and subject to replacement by this chapter shall be replaced by a species of tree (5) Waivers of replacement tree(s) specifica- cited in appendix B, desirable trees, or cited in tions. appendix C for approved streetscape canopy tree a. General waivers. The number of types for streetscape trees along S.R. 434 and required replacement trees may be Tuskawilla Road, or such other trees properly waived by the city commission, if approved by the city arborist provided the replace- the city commission determines that ment satisfies the minimum guidelines set forth the remaining number of trees to be in this chapter including, but not limited, size, preserved on site are of sufficient not an invasive species, and Florida Grades and number and quality to substantially Standard One or better plant. Replacement shall comply with the purpose and intent occur prior to the issuance of a certificate of of this chapter and a tree replace - occupancy (if approval is pending) or within ment fee is paid to the city's "tree sixty (60) days of removal or destruction, bank," which is hereby established. whichever date is earlier, unless a greater replace- Monies collected in the tree bank ment period is provided for good cause by permit. shall be used for enhancement and (b) Criteria for replacement trees is as fol- maintenance of trees on public lands. The contribution to the tree bank lows: may be waived by the city commis- (1) Characteristics of replacement trees. sion for individual homeowners, on Canopy trees are preferred replacement a case -by -case basis, if the trees under this chapter. The replace- homeowner can demonstrate that ment tree(s) shall have the maximum the payment of the fee will cause amount of potential shade canopy feasible the homeowner an undue economic and sustainable on the site as required hardship. Substitute tree(s) allowed by the city, but no less than at least equal under this waiver provision must shade canopy potential, screening proper- have the approval of the city com- Supp. No. 33 323 § 5-9 WINTER SPRINGS CODE mission. The amount to be paid into the tree bank shall be set forth in Table 1 and should be based upon wholesale market value of the trees being replaced, plus installation and maintenance costs to establish the tree. b. Renewable resource waivers. The tree replacement and tree bank require- ments of this section shall not apply if a permit based on sections 5-4(b)(8) and 5-4(c)(4) is issued. If the permit - tee does not maintain and operate the permitted energy device for at least three (3) years, the permittee must replace the removed trees or pay a tree replacement fee to the city's tree bank as required by this section. (6) Replacement guidelines. The following tree replacement guidelines shall apply: a. All plant material specified shall be Florida Grades and Standard One (1) or better. b. For each tree located within a public conservation area dedicated to the city or located within land(s) to be conveyed to the city as part of a development project, up to eight (8) replacement tree credits may be applied to the total number of trees required to be replaced by this chapter as an incentive to protect and preserve natural lands and the public tree canopy. The applicable tree replacement credits shall be determined in accordance with the table included in subsection (e) herein. However, the minimum tree requirement set forth in section 5-13 shall still apply. Such public conservation area or conveyed land(s) must be at least one (1) acre with widths not less than one hundred twenty-five (125) feet, unless otherwise approved by the city com- mission. In addition, trees approved by the city arborist to reforest such conservation or conveyed area shall also be applied to the replacement requirement on a two -for -one basis as an incentive to protect and preserve natural lands and the public tree canopy. c. If' the city commission determines, due to site conditions or configura- tion, it is impossible or impracticable for the applicant/developer to meet the requirements for tree replace- ment, under this subsection, the city commission may allow the applicant/developer to pay into the city's "tree bank" the amount it would have spent on replacement trees. d. Tree replacement credit above the 1:1 standard replacement require- ment shall be allowed for the instal- lation of preferred canopy trees and plants that are specifically listed in appendix B: desirable trees and appendix C: approved streetscape canopy tree types for streetscape trees along S.R. 434 and Tuskawilla Road, provided the desirable tree is listed with an additional replace- ment credit score of above 1: 1. e. In addition, for new development projects, tree replacement credit shall be allowed for the preservation of existing desirable trees on the development site, excluding existing conservation areas, as follows: DBH of Preserved Tree Reduction in Replacement Trees 4" up to but not 1 credit including 9" 9" up to but not 2 credits including 12" Supp. No. 33 324 TREE PROTECTION AND PRESERVATION DBH of Preserved Tree Reduction in Replacement Trees 12" up to but not 3 credits including 16" 16" up to but not 4 credits including 24" 24" and above, Non- 6 credits Specimen tree Specimen and historic 0 credits, unless otherwise agreed by the city for extraordinary efforts and trees commitments made to preserve a specimen or historic tree up to a maximum of 8 credits per tree f. Trees planted under a power line shall not exceed a mature height of twenty-five (25) feet unless otherwise prohibited by the electric utility or law. g. Diversity of species shall be required for replacement trees and not more than twenty (20) percent of the replacement trees shall be of a single species unless an alternative landscape plan is approved by the city commission. h. All landscape plans shall be prepared by a landscape architect licensed by the state, unless the city determines the proposed landscaping or tree removal has a de minimis impact on the property. (c) Replacement cost. The property owner shall be responsible for the cost of replacing the trees removed from their property. (d) Elimination of undesirable trees and shrubs. The natural vegetative communities existing within the city shall be protected by the control and elimination of invasive, nonnative species. To that end, the following guidelines shall apply: (1) Planting of trees and shrubs listed in Appendix A, Undesirable Trees, is prohibited. (2) Removal of trees and shrubs listed on Appendix A, Undesirable Trees, from commercial, office, industrial, or multifam- ily sites (excluding jurisdictional wetlands) shall be completed, whenever practicable, Supp. No. 33 as a requirement for approval of any development permit issued by the city or the issuance of a certificate of occupancy if applicable. (3) Control and elimination procedures shall in no way promote the proliferation of the species through the dispersal of seed or other vegetatively reproducing parts. (4) Control and elimination procedures shall in no way harm or cause the decline of preserved or planted trees and landscap- ing. (e) Limited exception for existing single- family lots. Notwithstanding any other tree replacement standard set forth in this section, a tree removal permit for a single tree shall be granted, as a matter of right without replace- ments required, for each existing single family home lot, provided the city arborist determines that: 325 (1) The tree is not a specimen or historic tree; (2) The tree canopy covering the pervious portion of the lot after removal of the tree will be greater than fifty (50) percent; and (3) A permit under this subsection (e) had not been granted during the preceding ten-year period. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2010-04, § 2, 3-8-10; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 7-13-20; Ord. No. 2022-10, § 21 9-12-22) § 5-9 WINTER SPRINGS CODE TABLE 1. TREE REPLACEMENT STANDARDS Number of Replacement Number of Replacement Small Trees or Palms DBH of Protected Canopy Trees Required Required for Each Tree Contribution to Tree Tree for Each Tree Removed Removed Desirable Plant Bank` 4' up to but not 1 or 1 or Desirable or $300.00 including 9" plant(s) w/credits 9" up to but not 2 or 2 or Desirable or $600.00 including 12" plant(s) w/credits 12" up to but not 3 Not allowed or Desirable or $900.00 including 16" plant(s) w/credits 16" up to but not 4 Not allowed or Desirable or $1,200.00 including 24" plant(s) w/credits 24" or greater, 6 Not allowed orl Desirable or $1,500000 Non -Specimen I plant(s) w/credits 24" or greater, See section 5-8 Not allowed See section 5-8 See section 5-8 Specimen *These amounts may be adjusted biannually to compensate for increases to costs of plants as well as to costs of installation and establishment. (Ord. No. 2016-03, § 4, 7-25-16; Ord. No. 2020- 03, § 2, 7-13-20; Ord. No. 2022-10, § 2, 942-22) (a) Placement of materials, macltitzery, or• temporary soil deposits. It shall be unlawful to place material, machinery, or temporary soil deposits within the tree protection zone before or during construction. Before or during construc- tion the builder shall erect and maintain suit- able protective barriers around all trees to be preserved. Upon written request, the city arborist, on a case by case basis, may allow material or temporary soil deposits to be stored within the protective barrier if no other storage is available. (b) Climbing spurs. It shall be unlawful to use climbing spurs or other similar device to aid in the climbing of a live tree, where such device causes the puncture or tears the bark of the tree. (c) Tree spiking. It shall be unlawful to introduce any type of poison or reactive material to a tree for the purpose of causing it to die or become diseased. (d) Structure and pavement location. It shall be unlawful to place any structure or impervious paving within eight -foot radius of any tree trunk or stem having a DBH of four (4) inches or more at caliper. Supp. Mn 33 326 (e) City trees. It shall be unlawful to trim, prune, or remove any city tree without the permission of the city evidenced by the appropri- ate permit. (f) Attachments. It shall be unlawful to attach anything to a tree or stem, including nails or spikes, having a DBH of four (4) inches or more, other than protective wires, braces or other similar noninjurious materials. (g) Cut and fill guidelines. It shall be unlaw- ful to remove or add any material or ground within the tree protection zone unless otherwise permitted by the arborist. (h) Encroachment of the dripline. During the evelop construction stage of development, the der or property owner shall not cause or allow land clearing, the use of heavy equipment or material within the dripline of any tree or groups of trees to be retained. Neither shall the developer cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within the dripline of any tree or groups of trees, or where planting beds are to be situated. (i) Girdling, shearing, hat racking, topping or poodle trimming of trees (lollipop), lions -tailing, pollarding of Trees. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. It shall be unlawful to engage in excessive pruning techniques on trees intended for shade purposes. Excessive shearing, pruning TREE PROTECTION AND PRESERVATION or shaping shall only be allowed with a permit by demonstrating necessity or without a permit in times of emergency only. The following are deemed unlawful excessive pruning techniques which are prohibited on shade trees: (1) Lions tailing: The improper practice of removing most secondary and tertiary branches from the interior portion of the canopy leaving most live foliage at the edge of the canopy. (2) Topping, hatr•acking, stag heading, de - horning, lopping, and rounding over: the improper practice of reducing tree size by making heading cuts through a stem more than two (2) years old; a pruning practice that destroys tree architecture and serves to initiate discoloration and perhaps decay in the cut stem. (3) Pollarding: The pruning technique that removes sprouts back to the same loca- tion annually or biannually maintaining a tree to a specific height. (4) Shearing: A pruning technique which is typically accomplished with cuts made through wood less than a year old at the sides of the canopy to create uniform dense canopies. (5) Poodle trimming: Combines shearing and removing lower limbs to create tree forms that look like a "lollipop." (j) Construction near adjacent property. Walls, structures, and pavement shall not be constructed in any way which will result in damage to roots within the tree protection zones of trees located on adjacent properties. (k) Destruction. It shall be unlawful to destroy a tree unless authorized under this chap4- Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 7-13-20) Sec. 541. City trees; care and maintenance. (a) The city manager in consultation with the city's arborist is responsible for the care, maintenance and protection of city trees. The Supp. No. 33 city manager will make reports and requests for funds for the maintenance and protection of city trees to the city commission as necessary to comply with the spirit and intent of this chapter. y (b) Propertowners must submit a complete permit application to the city arborist to request written permission by the city manager or city commission to remove, alter or trim any city tree. Any approved removal, alteration or trim- ming will be determined at the city's sole discre- tion, and if the requested activity is permitted by the city, it must be performed by a contractor licensed under this chapter. Property owners failing to obtain the permission required hereunder for removing, altering or trimming city trees shall be deemed a violation of this chapter under subsection 540(e). In addition, property owner may also be liable to the city for any city tree removed or damaged in violation of any applicable terms and conditions set forth in any easement or development agreement. (Ord. No. 2020-03, § 2, 743-20) Sec. 5-12. Permit contents; expiration; removal after expiration of permit. (a) Permit contents. The tree removal permit, when issued, shall specifically identify which trees shall be permitted to be removed. The removal permits merely authorize the removal of the trees specified therein. Nothing in this chapter shall be construed to require the removal of such trees by the permittee. 327 (b) Permit expiration. Permits issued under this chapter shall expire and become null and void if work authorized by such permit is not commenced within one hundred eighty (180) days from the date of the permit, or if work is commenced and suspended or abandoned at any time for a period of one hundred eighty (180) days. However, if the permit is issued in conjunc- tion with and in furtherance of a development permit approved by the city commission or build - permit issued by the building official, the permit will expire at such time the development permit or building permit expires. WINTER SPRINGS CODE (c) Restrictions on tree removal after permit expiration. Trees not removed during the life of the permit may not be removed without the issuance of a new permit based upon a new application. (d) Permit display. The permit shall be located and maintained upon the site at all time until final inspection or until issuance of a certificate of occupancy if applicable. For new develop- ments, the permit shall be attached to the "post- ing board" with other permits. For existing developments and existing single-family residences, the permit shall be displayed so as to be easily visible from the street. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2020-03, § 21 7-13-20) Sec. 5-13. Minimum tree requirement. No certificate of occupancy shall be issued on the types of construction indic<^tcd below unless the underlying parcel has at least the required minimum number of approved trees: (a) Any new single-family or duplex dwell- ing unit on a lot of less than six thousand (6,000) square feet or greater: not fewer than two (2) trees. (b) Any new single-family or duplex dwell- ing unit on a lot equal to six thousand (6,000) square feet: not fewer than two (2) trees plus one (1) additional tree for each four thousand( 4,000) square feet over six thousand (6,000) square feet. (c) Any commercial, industrial, multi -family or other structure requiring site plan approval under the city land develop- ment regulations: no fewer than six (6) trees or four (4) trees per acre, whichever is greater. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03) Sec. 544. Tree protection during develop- ment and construction; periodic inspection. (a) Restrictions during construction. It shall be unlawful for any person, during the construc- tion of any structures or other improvements, to Supp. No. 33 328 place solvents, petroleum products, paint or masonry materials, construction machinery or temporary soil deposits within the dripline of any tree for which a tree removal permit is required but has not been obtained. This provi- sion includes soil that is placed in the dripline permanently for the purpose of a grade change, unless the grade is changed according to the guidelines described in the Florida Division of Forestry, Department ofAgriculture and Consumer Services Publication, Tree Protection Manual for Buildings and Developers. (b) Burden of tree protection on property owner. It shall be the responsibility of a property owner and their agents to ensure that any tree shown on the tree inventory for which a tree removal permit has not been obtained is to be protected. The property owner shall guarantee survival of retained trees and replacement trees for one (1) year frolli completion of permitted construction, unless a greater time period is required by development agreement. If a retained or replace- ment tree dies during that time period, the property owner shall replace the tree in accordance with a remedial action approved under section 5-17 of this chapter. (c) Protective barriers and signage required. Protective barriers shall be installed prior to construction around every tree or group of trees to be preserved. Waterproof, rigid "protection zone area" signs, as shown on appendix D: tree protection area signage and not smaller than two (2) feet by three (3) feet shall be posted at one hundred -foot increments along the protective barriers. Should a private party fail to install the required tree protection barrier, the city reserves the right to install the required tree protection barrier and charge the private party conducting the work for the city's materials and labor associated with the installing of the bar- ricade. A sample tree protection barricade is set out below. (d) Site inspections. The city arborist may conduct periodic inspections of the site. It is the responsibility of the property owner and their agents to ensure that all provisions of this chapter are met. TREE PROTECTION AND PRESERVATION (e) Adjacent properties. The property owner and their agents shall ensure that the tree protection zones of trees located on adjacent properties are protected as required by this chapter for trees located on the site being developed. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 1043-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 743-20) Sec. 5-15. Voluntary tree planting. This chapter shall not be interpreted to restrict, regulate or limit the voluntary planting of any tree within the city. The provisions of this chapter govern only the planting of trees which are required to be planted or retained under this chapter. Trees or plants planted in the city's rights -of -way are subject to removal or trimming by the city at any time. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03) Sec. 5-16. Waivers; incentive program and appeals. (a) Waivers. The city commission may grant a waiver to provisions of this chapter where the applicant demonstrates that the literal interpreta- tion of the chapter will deny the applicant reasonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the chapter. The preservation of any approved tree over four (4) inches in DBH may be considered as the basis for the granting of a waiver from the literal applica- tion of the provisions of the city's land develop- ment regulations. If, in the determination of the city commission, the sole basis for the request for waiver is to preserve such tree which would otherwise have to be removed, it may direct any required waiver fee to be waived. (b) Appeals. Appeals of an administrative interpretation of this chapter by the city arborist may be made to the city manager by filing a written notice of appeal of said interpretation within ten (10) calendar days of said interpreta- tion. Only the property owner where the interpretation is specifically applicable or affected contractor may file such an appeal. The city Supp. No. 33 manager shall decide said appeal within five (5) business days. Any such property owner or contractor adversely affected by an administra- tive decision of the city manager under this chapter may appeal that interpretation to the city commission by filing a written notice of appeal of said interpretation within thirty (30) calendar days of said interpretation. Failure to file an appeal within the time periods required by this subsection shall result in the administra- tive interpretation to be declared final and shall be deemed a waiver of the person's right to further appellate review and proceedings. The city commission shall decide said appeal within thirty (30) days of the city's receipt of said notice of appeal and the city commission's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mutual agreement between the city and the property owner filing the notice of appeal. Notwithstanding the aforesaid, the city manager and city commission may review any decision regarding trees and land clearing on public property or city trees sua sponte, and such decisions are not a quasi-judicial decision and not appealable. The city retains sovereign immunity in all decisions related to trees and land clearing on public property and as otherwise provided by law. (c) Incentive program. The city commission reserves the right to offer and approve incentives for purposes of protecting and preserving mature trees and planting enhanced landscaping. Such incentives shall have a public benefit and may include, but are not limited to, varying provi- sions of the city's land development regulations (e.g. reduced parking; modified setbacks) and providing credits to city development fees. Any incentives granted under this subsection shall be consistent with the comprehensive plan and shall be by development agreement or other formal approval. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 21 7-13-20) Sec. 5-17. Remedial action. (a) Violations require remedial action. Where violations of this chapter have occurred, remedial action shall be taken to restore the property WINTER SPRINGS CODE consistent with a restoration plan approved by the city arborist or the city commission if the violation is inconsistent with plans, permits, or agreements approved by the city commission. The restoration plan may require mitigation of any other damage to the property, as well as tree replacements. (b) Tree replacement remediation require- ments. Each tree destroyed or receiving major damage during construction must be replaced by either a comparable size and desirable type of tree as listed within appendix B or providing a contribution to the tree bank equal to four (4) times the contribution listed on table 1. tree replacement standards (following section 5-9) or Tltnnli"" fn,,,- (A) 7 L7 li/ uv�ii ui.�i1.. Ut ..�o "I�1Ctll�b 11.71.CU within appendix B before issuance of a certificate of occupancy or certificate of completion. (c) Property owner to guarantee su,ruiva.l of replaced trees. The property owner shall guarantee the survival of the trees required to be placed under subsection (b) above for a period of two (2) years from the date the certificate of occupancy or certificate of completion is issued, unless a greater time period is required by development agreement. Such guarantee shall include maintaining regular and appropriate irrigation or water source such as watering bags necessary to adequately sustain the well-being and survival of the replacement trees. If the replacement tree dies, the tree shall be replaced in accordance with this section. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-2742; Ord. No. 2020-03, § 2, 743-20) 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. Supp. Mn 33 330 (b) Penalties. In addition to all other remedies set forth in this chapter or any applicable agree- ment 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 subsec- tion 54(a): Fine of two hundred fifty dollars ($250.00) 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, if at least one (1) specimen tree has been removed, five hundred dollars ($500.00) for each day the person, fails to obtain an after -the -fact tree removal V ii., 01111., P1u4iueu i,v Wlllply 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 enforce- ment 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 subdivi- sion 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, replace- ment, 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. sub (2) Removal of a tree without a permit: Notwithstanding the penalties in sec- TREE PROTECTION AND PRESERVATION tion (b)(1) for failure to obtain a permit, trees removed cannot be determined. for each individual tree removed without Violations of this section are considered a permit: A fine of one hundred dollars irreparable and irreversible in nature. ($100.00) per caliper inch, not to exceed (6) Failure to abide by a cease and desist five thousand dollars ($5,000.00) per tree. order issued under this chapter: Fine of Violations of this section are considered five hundred dollars ($500.00) per day. irreparable and irreversible in nature. To the extent that a tree survey prepared (7) Failure to obtain a contractor's license during the course of applying for an under subsection 54(e): Fine of two after -the -fact tree removal permit reveals hundred fifty dollars ($250.00) (first further inches removed, the city's code offense); five hundred dollars ($500.00) enforcement board retains jurisdiction to (second and each subsequent offense). In adjust the fine. addition, if a contractor continues to engage in work without a contractor's (3) Removal of a specimen or historic tree license under this chapter in violation of without a permit: Notwithstanding the a written cease and desist issued by the penalties in subsection (b)(1) for failure city, the penalty for failure to obtain a to obtain a permit, for each individual specimen tree removed without a permit: contractor's license under this subsection shall be increased two hundred fifty dol- A fine of one hundred fifty dollars Lars ($250.00) per day for continued activ- ($150.00) per caliper inch, not to exceed ity without a license after the cease and five thousand dollars ($5,000.00) per tree. desist was issued. Violations of this section are considered irreparable and irreversible in nature. (8) Failure to abide by the requirements of To the extent that a tree survey prepared section 540 of this chapter: Fine of two during the course of applying for an hundred fifty dollars ($250.00) per occur - after -the -fact tree removal permit reveals rence. further inches removed, the city's code enforcement board retains jurisdiction to (9) Any other violation of this chapter: Fine as provided by law and this chapter. adjust the fine. (4) Removal of trees with inches unknown: (c) Civil fine determination. In determining Notwithstanding the penalties in subsec- the amount of the civil fine under subsection (9) tion (b)(1) for failure to obtain a permit, above, the following factors shall be considered: for each individual tree removed without (1) The gravity of the violation. a permit with inches removed unknown: A fine of five thousand dollars ($5,000.00) (2) Any actions taken by the violator to per tree. This subsection shall apply if correct the violation. trees are removed in a manner making it (3) Any previous violations of this chapter impossible to determine the number of committed by the violator. inches removed, such as where all stumps of the trees are removed. Violations of (4) The number and size of the trees removed, this section are considered irreparable if any. and irreversible in nature. (5) The historical significance of any tree (5) Land, clearing without a permit: removed if the tree was deemed historic. Notwithstanding the penalties in subsec- (6) Whether the violation is irreparable or tion (b)(1) for failure to obtain a permit, irreversible in nature. land clearing without a permit: A fine of five thousand dollars ($5,000.00) per each (7) The remedial actions offered by the viola - quarter acre cleared. This subsection for to restore the property consistent may also be utilized if the number of with this chapter. Supp. No. 33 330.1 § 5-10 WINTER SPRINGS CODE (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. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2015-22, § 6, 10-2645; Ord. No. 2020-03, § 2, 743-20; Ord, No. 2025-01, § 2, 1-27-25) Sec. 5-19. Authorization to adopt rules and regulations and fees for implementation. The city commission is hereby authorized to adopt, by resolution, such rules and regulations and fees as are necessary or proper to implement this chapter. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2) 10-13-03) Supp. No. 33 330.2 Chapter 9 LAND DEVELOPMENT* Article I. In General Sec. 9-2. Division of land; city commission approval required. Sec. 9-3. Dividing platted property. Sec. 94. Waiver to engineering development plan requirements. Sec. 9-5. Variances. Sec. 9-6. Appeals from granting of variances. Sec. 9-7. Enforcement and penalties. Sec. 9-8. Reserved. Sec. 9-9. Replatting. Sec. 9-10. General criteria for approval. Sec. 9-11. Lot splits. Sec. 9-12. Flag lots. Sec. 9-13. Exemptions. Sec. 9-14. Town center zoned property. Sec. 9-15. Boundary line adjustments. Secs. 9-16-9-25. Reserved. Article II. Procedure for Securing Approval of Plats Division 1. Generally Sec. 9-26. Reserved. Secs. 9-27-9-45. Reserved. Division 2. Preliminary Plat Sec. 9-46. Filing and contents of preliminary map and plat. Sec. 9-47. Action on preliminary plat by planning and zoning board. Sec. 9-48. Action on preliminary plat by city commission; effect of approval. Sec. 9-49. Request for expedited issuance of building permits to final plat approval. Secs. 9-50-9-70. Reserved. Division 3. Final Plat Sec. 9-71. When final development plat is to be filed; extension. Sec. 9-72. Processing of final plans. Sec. 9-73. Form and contents of final plat. Sec. 9-74. Action on final engineering and site plans; expiration of approval. Sec. 9-75. Reserved. Sec. 9-76. Improvement and maintenance security. Sec. 9-77. Approval of final plat. Sec. 9-78. Recording/distribution of the final plat. *Cross references -Code enforcement board to enforce certain ordinances of the city, § 2-6 et seq.; beautification board, § 2-76 et seq.; annexations and rezonings, § 2-116 et seq.; arboreal standards of the City of Winter Springs, Ch. 5; regulations regarding landscaping applicable to privately held property, § 5.3; buildings and building regulations, Ch. 6; regulations regarding fences, walls, hedges, etc., § 6-186 et seq.; required distance of fences or hedges from property line established, § 6-193; swimming pools, § 6-211 et seq.; setback requirements for swimming pools, § 6-219; fire prevention and protection, Ch. 7; regulation of open burning, § 7-1; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; excavation standards and requirements, § 17-76 et seq.; utilities, Ch. 19; zoning, Ch. 20. State law reference -Platting, F.S. ch. 177. Supp. No. 33 555 WINTER SPRINGS CODE Secs. 9-79-9-100. Reserved. Article III. Design Standards Division 1. Generally Sec. 9-101. In general. Sec. 9-102. Entire tract to be used; landlocked areas prohibited. Sec. 9-103. Public sites and open spaces, exception. Sec. 9-104. Utility services to be underground, exceptions. Sec. 9-105. Open drainage ditches; storm sewers. Sec. 9-106. When drainage ditch fence is required. Sec. 9407. Septic tanks. Secs. 9-108-9-125. Reserved. Division 2. Lots and Blocks Sec. 9-126. General requirements. Sec. 9-127. Lot dimensions; minimum street frontage. Sec. 9428. Lots not to be divided by municipal boundaries. Sec. 9-129. Clearing of rights -of --way. Secs. 9430-9445. Reserved. Division 3. Streets and Alleys Sec, 9-146. Classification. Sec. 9-147. Minimum right-of-way and paving widths. Sec. 9-148. Street grades, generally. Sec. 9-149. Streets to be paved. Sec. 9450. Paving of access streets. Sec. 9-151. Paving costs. Sec. 9-152. Culs-de-sac; dead ends. Sec. 9-153. General layout; connections with existing streets. Sec. 9-154. Half streets. Sec. 9-155. Intersections. Sec, 9-156. Street names. Sec. 9-157. Private streets. Sec. 9-158. Alleys. Sec. 9-159. Easements. Sec. 9-160. Grassing, mulching, sodding. Secs. 9-161-9-175. Reserved, Article N Required Improvements Division 1. Generally Sec. 9-176. Responsibility for design and certification of improvements. Sec. 9-177. Certain data to be submitted prior to installation of improve- ments. Sec. 9-178. Required improvements to be completed prior to building on lots; exceptions. Sec. 9-179. Inspections and tests. Sec. 9-180. Monuments. Sec, 9-181. Developer responsibility and control. Secs. 9-182-9-200. Reserved. Supp. No. 33 556 LAND DEVELOPMENT sion 2. Streets and Bridges Sec. 9-201. Standards for roadway base materials. Sec. 9-202. Standards for the surfacing of streets. Sec. 9-203. Street markers. Sec. 9-204. Streetlights and traffic signs. Sec. 9-205. Bridges. Sec. 9-206. Right -turn deceleration lanes. Secs. 9-207-9-220. Reserved. Division 3. Sidewalks, Driveways, Curbs and Gutters Sec. 9-221. Sidewalks. Sec. 9-222, Driveways. Sec. 9-223. Curbs, gutters, easements. Secs. 9-224-9-240. Reserved. Division 4. Drainage Sec. 9-241. Stormwater management. C. 9-242. Drainage facilities. Secs. 9-243-9-260. Reserved. Division 5. Utilities Sec. 9-261. Requirements for water and sewer systems. Secs. 9-262-9-275. Reserved. Division 6. Off -Street Parking and Loading Sec. 9-276. Definitions. Sec. 9-277. Off-street parking requirements. Sec. 9-278. General provisions for off-street parking. Sec. 9-279. Off-street parking of commercial vehicles. Division 7. Dumpsters Sec. 9-280. Definitions. Sec. 9-281. Minimum screening requirements. Secs. 9-282-9-295. Reserved. Article V. Design Standards Sec. 9-296. Typical street sections. Sec. 9-297. Valley gutters. Sec. 9-298. Naming streets. Sec. 9-299. Driveway entrances. Sec. 9-300. Curb inlets. Sec. 9-301. Alternate curb sections. Secs. 9-302-9-325. Reserved. Article VI. Excavation and Grading Sec. 9-326. Definitions. Sec. 9-327. Excavations and grading prohibited; exceptions. Sec. 9-328. Permits required. Secs. 9-329-9-369. Reserved. Supp. No. 33 557 WINTER SPRINGS CODE Article VII. Uniform Bung Numbering System Sec. 9-370. Definitions. Sec. 9-371. Purpose. Sec, 9-372. Establishment of system. Sec. 9-373. Administration and assignment of numbers. Sec. 9-374. Posting of numbers. Sec. 9-375. Reserved. Sec. 9-376. Code enforcement special magistrate authority. Secs. 9-377-9-380. Reserved, Article VIII. Impact Fees Division 1. Generally Secs. 9-381-9-385. Reserved. Division 2. Transportation Facilities Sec. 9-386. Transportation impact fees. Sec. 386.1. Short title, authority and applicability. Sec. 9-386.2. Intent and purpose. Sec. 9-386.3. Rules of construction. Sec. 9-386.4. Definitions. Sec, 9-386.5. Limitations on issuance of building permits. Sec. 9-386.6. Determination of road impact fees. Sec. 9-386.7. Road impact fee rate schedule. Sec. 9-386.8. Independent impact fee calculation. Sec. 9-386.9. Presumption of maximum impact. Sec. 9-386.10. Impact agreement. Sec. 9-386.11. Credits. Sec. 9-386.124 Vested rights. Sec. 9-386.13. Site -related road improvements. Sec. 9-386.14. Exemptions. Sec, 9-386.15. Establishment of a trust fund. Sec. 9-386.16. Collection of road impact fee assessment. Sec. 9-386.17. Use of funds collected. Sec. 9-386.18. Return of funds. Sec. 9-386.19. Review. Sec. 9-386.20. Penalty. Sec. 9-386.21. Appeals of impact fee determinations. Secs. 9-387-9-390. Reserved, Division 3. Police, Fire, and Parks and Recreation Sec. 9-391. Generally. Sec. 9-391.1. Levy and purpose. Sec. 9-391.2. Definitions. Sec. 9-391.3. Applicability and exemptions. Sec. 9-391.4. Reserved. Sec. 9-391.5. Payment of fees. Sec. 9-391.6. Credits. Sec. 9-391.7. Establishment of a trust fund. Sec. 9-391.8. Capital expansion plans. Sec. 9-391.9. Refunds. Sec. 9-391.10. Vested rights. Sec. 9-391.11. Penalty for violation. Sec. 9-391.12. Appeal. Secs. 9-392-9-395. Reserved. Supp. No. 33 558 LAND DEVELOPMENT Division 4. Reserved Secs. 9-396-9-400. Reserved. Article IX. Vested Rights Sec. 9-401. Intent. Sec. 9-402. Vested rights application process. Sec. 9-403. Standards for determining vested rights. Sec. 9-404. Limitations on determination of vested rights. Secs. 9-404-9-499. Reserved. Article X. Concurrency Administration and Evaluation Procedure Division 1. Overview and Exemptions Sec. 9-500. Purpose of Concurrency evaluation. Sec. 9-501. Definitions. Sec. 9-502. Application submittal. Sec. 9-503. Reserved. Sec. 9-504. Change of use. Sec. 9-505. Demolitions. Secs. 9-506-9-509. Reserved. Division 2. Level of Service Standards (LOS) Sec. 9-510. Introduction. Sec. 9-511. Potable water LOS (Reserved). Sec. 9-512. Solid waste LOS (Reserved). Sec. 9-513. Wastewater LOS (Reserved). Sec. 9-514. Parks and recreation LOS. Sec. 9-515. Storm water LOS (Reserved). Sec. 9-516. Transportation LOS (Reserved). Secs. 9-517-9-529. Reserved. Division 3. Concurrency Administration Sec. 9-530. Development review committee. Sec. 9-531. Concurrency review. Sec. 9-532. Conditional approvals. Sec. 9-533. Concurrency certificate. Secs. 5-534-5-539. Reserved. Division 4. Appeal Procedures Sec. 9-540. Notice of appeal. Sec. 9-541. Appeal notice and hearing. C. 9-542. Appeal of city commission. Secs. 9-543-9-545. Reserved. Division 5. Transportation Facility Proportionate Fair -Share Mitigation Program Sec. 9-546. Purpose and intent. Sec. 9-547. Applicability. Sec. 9-548. General requirements. Sec. 9-549. Intergovernmental coordination. Sec. 9-550. Application process. Sec. 9-551. Determining proportionate fair -share obligation. Supp. No. 33 559 WINTER SPRINGS CODE Sec. 9-552. Impact fee credit for proportionate fair -share mitigation. Sec. 9-553. Proportionate fair -share agreements. Sec. 9-554. Appropriation of fair -share revenues. Sec. 9-555. Cross jurisdictional impacts. Secs. 9-556-9-560. Reserved. Article XI. Nonconformities Sec. 9-561. Intent; rules of interpretation; building and fire codes; defini- tions. Sec. 9-562. Continuance of lawful nonconforming uses and structures. Sec. 9-563. Nonconforming lots of record. Sec. 9-564. Nonconforming uses of structures or of structures and premises in combination. Sec. 9-565. Abandonment. Sec. 9-566. Repairs and maintenance. Sec. 9-567. Temporary uses. Sec. 9-568. Special permit. Sec. 9-569-9-599. Reserved, Article XII. Minimum Community Appearance and Aesthetic Review Standards Sec. 9-600. Statement of findings and purpose. Sec. 9-601. Approval prerequisite for permits. Sec. 9-602. Minimum standards; compliance with other code provisions. Sec. 9-603. Procedure. Sec. 9-604. Duration of approval. Sec. 9-605. Application criteria. Sec. 9-606. Building permits; enforcement. Sec. 9-607. Residential compatibility and harmony regulations. Supp. No. 33 560 LAND DEVELOPMENT ARTICLE I. IN GENERAL Sec. 9-1. Definons. 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: Alley means aright -of --way providing a second- ary means of access and service to abutting property. Block includes "tier" or "group" and means a group of lots existing within well-defined and fixed boundaries, usually being an area sur- rounded by streets or other physical features and having an assigned number, letter or other name through which it may be identified. Boundary line adjustment means an adjust- ment of a boundary line between contiguous lots or parcels, which may be platted or unplatted and which are under separate ownership or the same ownership, where such adjustment does not create any additional lots. Building shall mean any structure designed or built for the support, enclosure, shelter or protection of persons, animals or chattels of any kind. Closed basin means a watershed without a positive outlet into surface waters which under normal conditions drain by gravity into a lake, river or other tributary that ultimately discharges into the Atlantic Ocean. Critical duration matrix of storm events means a collection of forty-eight (48) hypothetical storm events of specific frequency and duration that will need to be analyzed to demonstrate compli- ance with the city's Code. Design storms mean the critical duration matrix of storm events in combination with other storm events of twenty -four-hour duration, including the mean annual, 10-year, 25-year and 100-year storms. Ditch means an open cut with a slope deeper than 3:1. Easement means any strip of land created by a subdivider for public or private utilities, drain- Supp. No. 33 age, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude. Existing condition means the land cover that exists before improvements are made within the project area. Flag lot shall mean any lot with less than the required lot width at the front set back as specified in the bulk regulations for a zoning district that widens in a corridor or driveway like fashion to the required minimum width farther from the street. Flag lots, although not a favored and traditional shape of a buildable lot, are intended to allow development of parcels that would otherwise be undevelopable due to constraints of terrain or size and shape of the original parcel. Freeboard means the vertical distance between the design high water elevation and the lowest elevation of the pond top of bank, levee or berm. Impervious area means surfaces which do not allow, or minimally allow, the infiltration of water. Examples of impervious areas include building roofs, all concrete and asphalt pave- ments, compacted soils and traffic -bearing areas such as limerock, lakes, ponds, wetlands, and other areas as determined by the city engineer. Pervious pavement, porous concrete and turf blocks are not considered impervious area rela- tive to stormwater management criteria. Improvements may include, but are not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent refer- ence monuments (PRM's), permanent control points (PCP's), or any other improvement required by a governing body. 561 Lot, tract or parcel means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter or other name through which it may be identified. Open basin means a watershed with a positive outlet into surface waters which under normal WINTER SPRINGS CODE conditions drain by gravity into a lake, river or other tributary that ultimately discharges into the Atlantic Ocean. Pump stations and drainage wells are not considered positive outlets. Plat means a map or delineated representa- tion of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the require- ments of all applicable sections of this chapter and of any local ordinances, and may include the terms "replat," "amended plat" or "revised plat." Plat, final means the final tracing, map, or site plan presented by the subdivider to the city commission for final approval, and, upon approval by the city commission, is submitted to the clerk of the circuit court for recording. Plat, preliminary means a map or delineated representation of the subdivision of lands that is complete and exact representaLo i of the residential subdivision or planned community and contains any additional information needed to be in compliance with the requirements of this chapter and F.S. Ch. 177. Proposed condition means the land cover that exists after improvements are made within the project area. Public utility includes any public utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, telephone line, or cablevision whether underground or overhead. Right -of --way means land dedicated, deeded, used or to be used, for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, or certain designated individuals or governing bodies. Site and final engineering plans means engineering plans, or site plans, or their functional equivalent, submitted by an applicant in accordance with chapter 20, zoning. Storm for storm approach means that the discharge rate or discharge volume for proposed conditions for a particular design storm (frequency and duration) is compared to the discharge rate Supp. No. 33 562 or discharge volume for existing conditions for the same design storm (frequency and duration) to ensure no increase. Street includes any accessway such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place or cul-de-sac and also includes all of the land lying between the right -of --way lines as delineated on a at showing such street, whether improved or unimproved, but shall not include those access - ways such as easements and rights -of -way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers and easements of ingress and egress. Streets small ue ciassined as follows: (1) Arterial. (2) Collector. (3) Minor, as set out in section 9-146 herein. Subdivision means the platting of real property into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, and includes establishment of new streets and alleys, additions and resubdivisions, and when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided; and further means the division of a lot, parcel or tract of land, whether improved or unimproved, into three (3) or more contiguous lots or parcels of lands, designated by reference to the number or symbol of the lot or parcel contained in the at of such subdivision, for the purpose, whether immediate or future, of transfer of ownership, or if the establishment of a new street is involved, any division of such parcel. The term includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided. Swale means an open cut with a slope ratio of the front face, or roadside face, which is shal- lower than 3:1. Table templates means the formatted tables that must be used to summarize the stormwater modeling results for the design storms. LAND DEVDLOPMENT Tree preservation, see section 5-1. (Code 1974, § 144; Ord. No. 2005-23, § 2, 9-12-05; Ord. No. 2023-07, § 2, 12-11-23; Ord. No. 2025-02, § 2, 1-27-25) Sec, 9-2. Division of land; city commission approval required. The city commission shall be the official author- ity regarding the division of land, and no division of land within the corporate limits of the city shall be entitled to record in the office of the clerk of the circuit court of Seminole County unless it shall have the approval of the city commission inscribed thereon. Before such lot or tract is divided, the lots or tracts proposed to be divided shall be surveyed by a duly licensed surveyor and approved by the city commission by plat, lot split resolution, or development agree- ment (see section 9-14 for property zoned town center) in accordance with the specific applicable provisions of this chapter and F.S. Ch. 177. The filing or recording of any instrument effectuat- ing a lot split or subdivision of land without the approval of the city commission or city manager or designee as required by this chapter is declared to be unlawful. No permit shall be issued for the construction of any building or structure or for an electrical hookup on any lot or tract sold in violation of this chapter; provided, however, that any such violation can be remedied by complying with the provisions of this article. (Code 1974, § 14-3; Ord. No. 2005-23, § 2, 9-12-05; Ord. No. 2025-02, § 2, 1-27-25) Sec. 9-3. Dividing platted property. An owner of a single lot or parcel of sufficient size that satisfies zoning bulk regulations, except in a platted area of a planned unit development, may, with prior approval of the city commission, divide an originally platted single lot or parcel by dividing the lot or parcel under the replatting, lot split, and town center development agree- ment requirements set forth in this chapter. Each parcel or lot so divided shall in every respect meet the criteria established elsewhere in this Code for the category of zoning and other relevant Codes under which the property is zoned and each parcel or lot shall meet the engineering requirements set out elsewhere in Supp. No. 33 this chapter. In such instance, and only within the strict application of this section, may the full provisions of this chapter be waived and vari- ances granted thereto. For platted areas of a planned unit development, the owner must not only comply with the provisions of this chapter, but must also comply with the planned unit development procedures in chapter 20 of this Code. (Code 1974, § 14-3.1; Ord. No. 2005-23, § 2, 9-12-05) Sec. 9-4. Waiver to engineering develop- ment plan requirements. For subdivisions or lot splits where no new streets, water, sewer, or drainage or other infrastructure are involved, application for approval of site and final engineering plans may be waived provided, however, that a plat of the proposed subdivision or the metes and bounds legal description of the proposed lot split is approved by the city commission in accordance with section 9-2. (Code 1974, § 14-3.2; Ord. No. 2005-23, § 2, 9-12-05; Ord. No. 2025-02, § 2, 1-27-25) Variances. (a) The city commission may grant a variance from the terms of this chapter when such vari- ance will not be contrary to the public interest, and where owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardships. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of this chapter. 563 (b) A written application for such variance must be submitted demonstrating that special conditions exist which are peculiar to the lands, structures or required subdivision improve- ments involved and which are not applicable to other lands, structures or required subdivision improvements. Application shall be accompanied by the fee for a variance as specified in the fee schedule currently in effect. (c) Before any variance shall be granted, a public hearing on the proposed variance shall be held by the city commission. Notice of such WINTER SPRINGS CODE public hearing shall be provided in accordance with chapter 20, zoning, article II —Administra- tion, of the City Code. (d) The city commission shall make findings that the requirements of each portion of this section have been met. The city commission shall further make a finding that the reasons set forth in the application justify granting of the variance and that the variance is the minimum variance that would make possible the reason- able use of the lands, buildings or other improve- ments. (e) The city commission shall make a further finding that the granting of the variance would be in harmony with the general purpose and intent of this chapter and will not be injurious to the surrounding territory or otherwise detrimental to the public welfare. (fj Tn granting any v^ri,^nce, the city co�3n7iN- sion may prescribe appropriate conditions and safeguards, to such variance, and when made a part of the terms which the variance is granted a violation of any term or condition shall be deemed a violation of this chapter and shall be punish- able as such. (Code 1974, § 144; Ord. No. 2010-09, § 2, 4-26-10; Ord. No. 2025-02, § 2, 1-27-25) Sec. 9-6. Appeals from granting of vari- ances. Any interested party aggrieved by a variance decision by the city commission may appeal the decision to a court of competent jurisdiction. (Code 1974, § 14-5; Ord, No. 2010-09, § 2, 4-2640) Sec. 9-7. Enforcement and penalties. (a) The city commission or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this chapter, including injunctive relief, to enjoin and restrain any person from violating the provisions of this chapter and any rules and regulations adopted under this chapter, and the court may, upon proof of the violation of this chapter, issue such Supp. No. 33 564 temporary and permanent injunctions as are necessary to prevent the violation of this chapter. (b) Any person violating or failing to comply with the terms and provisions specified herein, shall be punished, upon conviction and at the discretion of the court, by a fine not to exceed five hundred dollars ($500.00) or by imprison- ment not exceeding sixty (60) days, or by both fine and imprisonment. Each day that a viola- tion is permitted to exist shall constitute a separate offense. (c) As an additional means of ensuring compli- ance with the provisions of this article, the code enforcement board or special magistrate shall have jurisdiction and authority to hear and decide alleged violations occurring in the corporate limits of the city. Proceedings before the code enforcement board or special magistrate shall be governed by its rules and procedures. (Code 1974, § 14-6; Ord. No. 2010-09, § 23 4-26-10; Ord. No. 2025-02, § 2, 1-27-25) Sec. 9-8. Reserved. Editor's note —Ord. No. 2025-01, § 3, adopted Jan. 27, 2025, repealed § 9-8, which pertained to soil, rock, etc., removal and derived from Code 1974, § 9-5. Sec. 9-9. -Pe platting. Originally platted lots or parcels may be replatted in accordance with the platting provi- sions of Chapter 177, Florida Statutes and this chapter. (Ord. No. 2005-23, § 2, 942-05) Sec. 9-10. General criteria for approval. Before any plat replat or lot split application is approved by the city commission under this chapter, the applicant must demonstrate, and the city commission must find, that the proposed at, replat or lot split meets the following criteria: (a) The application is in compliance with the provisions of this chapter and applicable law. (b) The application is consistent with the city's comprehensive plan and applicable city master plans. LAND DEVELOPMENT (c) The application is compatible and in (2) Each lot or tract of land created harmony with the surrounding neighbor- hereunder shall abut a public or hood including with respect to the size of approved private street, unless existing surrounding lots and develop- perpetual cross -access easements ment trends in the neighborhood which already exist on the lot to be split or have been previously approved by the are determined not to be necessary, city commission, or, if necessary, are provided by separate instrument. (d) The application does not create any lots, tracts of land or developments that do (3) The lot split shall in every respect not conform to the City Code. meet the criteria established elsewhere in this chapter and the (e) The application does not create burden- City Code and comprehensive plan some congestion on the streets and for the category of zoning and other highways. relevant Codes under which the (f) The application promotes the orderly property is zoned. layout and use of land. (b) Except as provided herein, every lot split shall be processed in the following manner: (g) The application provides for adequate light and air. (1) An application form provided by the community development depart- (h) The application does not create overcrowd- ment shall be completed and filed ing of land. with the department, accompanied (i) The application does not pose any with the following: significant harm to the adequate and a. An application fee approved by economical provision of water, sewer, and the city commission by resolu- tion; other public services. b. One (1) paper copy and one (j) The application provides for proper ingress electronic copy of the proposed and egress through a public or approved lot split; private street or perpetual cross access easements. c. A statement indicating whether easeme (Ord. No. 200 -23 nts. § 2, 9-12-05; Ord. No. 2006- new streets, water, sewer, drain- age § 2, 9-11-06; Ord. No. 2015-20, § 2, 10-26-15) age structures, or other infrastructure are required off - Sec. 941. Lot splits* site to provide sufficient access or municipal services to the The city commission may by resolution at a subject land; and public hearing grant waivers from the platting d. Legal descriptions and acreage requirements of this chapter for divisions of land of the two proposed lots or that constitute a lot split: tracts of land and a scaled drawing showing the intended (a) For purposes of this section, the term "lot division shall be prepared by a split" shall mean a division of a tract of duly licensed land surveyor land or lot that will result in the creation registered in the state. A survey of exactly one (1) additional lot or tract of showing the principal and land provided the following conditions accessory structures, existing are met: easements, and existing utility (1) The lot or tract of land to be split is improvements or infrastructure a previously platted lot or legal on the lot or tract of land shall description of record. accompany the application. Supp. No. 33 565 WINTER SPRINGS CODE e. A description of the planned means of access for each result- ing lot and copy of proposed supporting cross -access ease- ments, if any, including width of access ways or easements. f. Title opinion: A title opinion from an attorney or a property information report that is prepared within the preceding thirty (30) days showing the status of the title to the site encompassed by the lot split and all mortgages, liens, encumbrances and defects, if any. iGJLibGil.b4lGl bub splits. Any proposed lot split of a residentially zoned property shall require public notice and notice to adjacent property owners as provided in accordance with chapter 20, zoning, article II —Administration, of the City Code prior to the city commission meeting on the proposed residential lot split. Notices provided under this subsection are hereby deemed courtesy notices only and the failure to provide or receive said notices shall not be a basis of appeal- ing any decision made under this section. Applicants shall be solely responsible for the cost of the notices required by this subsection. (3) Upon approval of the lot split by resolution of the city commission, the resolution shall be duly recorded in the public records of Seminole County and recorded on the appropri- ate city maps and documents. (c) No further division of an approved lot split is permitted under this section, unless a plat is prepared and approved in accordance with this chapter. (d) Lot splits performed for the purpose of conveying property to the city shall be exempt from the requirements of this section. (Ord. No. 2005-23, § 2, 9-12-05; Ord, No. 2025- 02, § 2, 1-27-25) Supp. No. 33 566 Sec. 9-12. Flag lots. The platting, replatting, or splitting of land into flag lots is prohibited, unless the city com- mission determines that a traditional lot shape is impracticable and the flag lot is necessary to permit the development of land that would otherwise be undevelopable due to constraints of terrain or size and shape of the original parcel. (Ord. No. 2005-23, § 2, 942-05) Sec. 9-13. Exemptions. The following are exempt from the platting, replatting and lot split requirements of this chapter: (a) Lots or parcels that have been crPatP� rn• reconfigured as a result of condemnation or other governmental acquisition, subject to meeting all other applicable develop- ment standards; (b) Lots or parcels that have been created or reconfigured as a result of vacated public right-of-way or railroad rights -of -way; (c) Lots or parcels created or reconfigured pursuant to court order; (d) Cemetery lots or parcels and/or interest therein; (e) Utility stations, including, but not limited to, public well or water tower sites, sewer lift stations sites, and public stormwater facility sites; (f) Creation and reconfiguration of public right -of --way; and (g) Condominium parcels or units created pursuant to the Florida Condominium Act, provided a site plan and engineering development plans are approved by the city commission. (Ord. No. 2005-23, § 2, 942-05) Sec. 944. Town center zoned property. w The city commission recognizes that the ton center is subject to a master plan set forth in the comprehensive plan and the Town Center District Code. Further, in accordance with the master plan, the Town Center will be divided into a series of streets, squares, parks, blocks, and LAND DEVELOPMENT parcels. In order to facilitate the implementation of the Town Center master plan, land may be divided by plat, lot split resolution, or in accordance with a recorded development agree- ment unless an exemption set forth in section 943 is applicable. All development agreements shall be subject to approval by the city commis- sion after the initial effective date of this section. The development agreement shall not permit the creation of residual parcels or tracts that are undevelopable by city standards excluding those lands that are dedicated to the public. Moreover, the development agreement shall set forth the surveyed legal description and proposed develop- ment plan of the land that may be divided and any other terms and conditions deemed neces- sary by the city commission to permit the divi- sion of land in accordance with the Town Center District Code and the general criteria set forth in section 940. Notwithstanding, all divisions of land creating three (3) or more resulting lots shall require approval of a subdivision plat in accordance with F.S. Ch. 177. (Ord. No. 2005-23, § 2, 9-12-05; Ord. No. 2025- 02, § % 1-27-25) Sec. 9-15. Boundary line adjustments. that the result of the boundary line adjustment will meet the standards of, and conforms to, the requirements of the City Code, including the dimensional requirements of the zoning district and the subdivision in which the lots are located. However, in cases of an existing nonconforming lot of record, the adjust- ment shall not increase the nonconformity of the lot; and (4) It is demonstrated that the boundary line adjustment will not affect the develop- ment rights or permitted density or intensity of use of the affected lots by providing the opportunity to create a new lot(s) for resale or development or by making the density or intensity of any lot nonconforming. The aggregation of multiple lots under common ownership shall not be considered a boundary line adjustment and may be accomplished through a unity of title- agreement with the city. (b) Boundary line adjustment review and processing. Every boundary line adjustment shall be processed in the following manner: (a) Boundary line adjustment. An adjustment (1) Application. An application form provided of a boundary line between contiguous lots or by the planning and zoning division shall parcels (hereinafter "lots" or "lot") which may be be completed and filed with the division, platted or unplatted and which are under separate accompanied with the following: ownership or the same ownership shall be exempt from the platting requirements of this chapter if a. An application fee approved by the boundary line adjustment does not create resolution of the city commission; any additional lots and meets all of the following b. A narrative describing the reason(s) conditions. for the boundary line adjustment (1) It is demonstrated that the request is to and proposed reconfiguration; correct an engineering or surveying error c, An affidavit by all property owners in a recorded plat or is to permit a that they consent to the boundary boundary change between adjacent lots; line adjustment and resulting lot and formation; (2) Both landowners whose lot lines are d. A survey of the original and proposed being adjusted provide written consent reconfigured lots prepared by a duly to the boundary line adjustment; and licensed land surveyor registered in (3) Instrument(s) evidencing the boundary Florida. The survey shall also include: line adjustment shall be filed in the official records of Seminole County, i. The location of any principal Florida, upon approval, and shall indicate or accessory buildings or Supp. No. 33 567 WINTER SPRINGS CODE structures and the existing and proposed setbacks on each lot; and ii. The existing location of all ease- ments and utilities serving the lots; and iii. The location of proposed access to the lots, including the loca- tion of proposed access ease- ments. e. A title opinion from an attorney or a property information report that is prepared within the preceding thirty (30) days showing the status of the title to the site encompassed by the boundary line adjustment and all mortgages, liens, encumbrances and defects, if any; f. Where regurM by the city attorney a joinder and consent from any affected mortgage holders; g. Proposed deeds appropriate to accomplish any necessary property conveyances to effectuate the bound- ary line adjustment. (2) Review criteria. The city manager or designee shall approve, approve with conditions, or deny the boundary line adjustment using the criteria established below: a. The boundary line adjustment shall not result in the creation of any additional lot; b. The lots resulting after the bound- ary line adjustment shall meet all dimensional requirements specified for the applicable district as outlined in the City Code, except that in cases of an existing nonconforming lot of records, the adjustment shall not increase the nonconformity of the lot. c. The boundary line adjustment shall not create a nonconforming setback for any existing building or structure; Supp. No. 33 568 d. All lots modified by the boundary line adjustment procedures shall have access in compliance with the standards established by the city; e. The boundary line adjustment shall not cause lot lines to bisect on -site sewage disposal systems, prevent adequate access to water supply, obstruct fire lanes or otherwise interfere with existing easements or the provision of utilities or emergency services; f. The boundary line adjustment shall not violate an applicable require- ment or condition of a previous land 17RP Aefinn , ]. + ,% <;4 plan; g. All boundary line adjustments shall be recorded surveys consistent with the regvirernerts of applicable law. All boundary lines being adjusted shall be surveyed, and newly established lot corners shall be determined; h. All conditions for a boundary line adjustment as established in subsec- tion (a) shall be satisfied. (c) Unity of title. The city manager or designee shall require the affected property owners to enter into a unity of title agreement with the city for purposes of creating the new developable lots resulting from the boundary line adjustment. The city manager shall be required to execute the unity of title agreement on the city's behalf provided the application is in compliance with the provisions of this section. The city manager or designee may determine that a unity of title agreement is not required for insubstantial bound- ary changes. (d) Recording. No boundary line adjustment shall be recorded unless approved as provided in this section. The boundary line adjustment shall be recorded with the clerk of the court of Seminole County within twelve (12) months of approval by the planning official, and one (1) reproducible copy shall be furnished to the planning and zoning division. (Ord. No. 2025-02, § 2, 1-27-25) LAND DEVELOPMENT Secs. 9-16-9-25. Reserved. ARTICLE II. PROCEDURE FOR SECURING APPROVAL OF PLATS* DIVISION 1. GENERALLY average lot width and depth, building types and sizes, community facilities, street and drainage improvements. (3) Topographic map at a scale no smaller than one hundred (100) feet to one (1) inch, showing items (1) and (2) in sketch form. Sec. 9-26. Reserved. (b) Preliminary plat and site and final engineer- ing plan submission. Editor's note —Ord. No. 2025-02, § 2, adopted Jan. 27, 2025, repealed § 9-26, which pertained to maps, engineering (1) No improvements, including clearing and plans and plats to be submitted in preliminary and final form grading, shall be undertaken until final and derived from Code 1974, § 14-23 engineering drawings for the subdivi- sion, or unit division thereof, have been Secs. 9-27-945. Reserved. submitted to and approved by the city commission. Accordingly, the preliminary DIVISION 2. PRELIMINARY PLAT' plat application shall be accompanied by and processed concurrently with final engineering drawings for the develop - Sec. 9-46. Filing and contents of ment, as well as a site plan if the specific preliminary map and plat. plan of development is known for each lot (a) Preapplication approval procedure. It is to be created, at the time of preliminary lat application submission, unless final recommended that any developer contemplating p pp subdividing land in the city consult with city engineering drawings and/or a site plan planning, building and engineering officials before was previously approved by the city for laying out any such plan. The above -referenced the property or adequate means of provid- officials shall advise such person in the prepara- ing ingress and egress, utilities, and tion of any such plan particularly as regards the drainage have been or may be provided requirements as determined by the city manager or rements of these regulations. No person designee. Final engineering drawings and may rely upon any comment made by any site plans shall be processed in accordance participant at the pre -application conference as With chapter 20, zoning, article II, of the a representation or implication that the applica- tion will be ultimately approved or rejected in City Code of Ordinances. any form. The pre -application submission should The applicant shall prepare and submit a include the following: preliminary plat together with other (1) Data on the existing site conditions, such supplementary material specified below, as physical characteristics, adjacent com- accompanied by the appropriate form and fee to munity facilities and public utilities. the city planner who shall process the applica- tion in accordance with provisions of this Code. (2) Description of the proposed subdivision, Processing shall be as follows: including the proposed number of lots, a. City planner. *Editor's note —Ord. No. 2025-02, § 2, adopted Jan. 27, 2025, amended the title of Art. II to read as herein set out. b. City engineer. The former Art. II title pertained to procedure for securing approval of plans and plats. c. Staff review. tEditor's note —Ord. No. 2025-02, § 2, adopted Jan. 27, d. City surveyor and city attorney. 2025, amended Div. 2 in its entirety to read as herein set out. Former Div. 2, §§ 9-46-9-49, pertained to preliminary plan, e. Planning and zoning board. and derived from Code 1974, §§ 14-31-14-33; and and Ord. No. 444, § l(l), adopted Jan. 9, 1989. f. City commission. Supp. No. 33 569 § 9-46 WINTER SPRINGS CODE (2) Preliminary plat supporting data. The i. Sites, if any, for multifamily dwell. preliminary plat shall be drawn on ings, shopping centers, churches, standard twenty -four -inch by thirty-six- industry, parks, playgrounds, and inch paper for convenient filing at a other public and nonpublic uses reasonable scale (normally one (1) inch exclusive of single-family dwellings. equals one hundred (100) feet) and shall j. Names of abutting subdivisions, include the following either on the plat recordation date and number. or, as appropriate, in supporting final engineering and site plans submitted k. Existing utilities on and abutting concurrently with the preliminary plat: the tract; location, size and invert a. Name of development; date of elevation of sanitary, storm, and preliminary plat or revision; scale of combined sewers; location and size plat; north arrow; approximate acre- of water mains; location of gas lines, age in the tract being subdivided; fire hydrants, electric and telephone total number of lots; name, address poles, and streetlights. If water and telephone number of developer mains and sewers are not on or uu .i.ttll ells tddla, lnuludte Idle ull'ec- surveyor and engineer. Lion and distance to, and size of b. Location map showing relationship nearest ones, showing invert eleva- between area proposed for develop- tion of sewers, ment and surrounding area. 1. Proposed utilities. A statelneiit on c. Legal description of tract to be subdivided. the proposed method of water supply and sewage disposal. d. Boundaries of tract shown by a heavy line. m. Other existing improvements, includ- e. Existing streets. The name, loca- ing buildings, on the tract. tion and right -of --way width of all n. Natural features, including lakes, existing improved streets, rights -of- marshes or swamps, watercourses, way and platted streets within two and other pertinent features; wooded hundred (200) feet of the proposed areas. A general description of soils subdivision; surface elevation, includ- and existing vegetation on the tract ing any legally established center- shall also be provided (Seminole line elevations; walks, curbs, gutters, County Soils Survey). culverts, etc. o. Existing contours at one -foot f. Proposed streets. The name of intervals based on U.S. Coast and temporary designation (Street A, B, Geodetic Datum for the tract to be C, etc.), right -of --way, and type and subdivided and, where practicable, width of pavement. Include any extending twenty-five (25) feet streets shown on the adopted beyond the tract boundary. comprehensive plan. p. Proposed surface drainage with g. Existing and proposed easements or direction of flow and method of rights -of -way other than for streets disposition to the natural drainage (e.g., for drainage, pedestrian ways, area indicated or other acceptable bridle paths, or bicycle paths), loca- stormwater systems. tion, width and purpose. q. Subsurface conditions on the tract, h. Lots. Lot lines and scaled dimen- to a minimum depth requested by sion, lot numbers, and/or block the city engineer; location and results numbers, and building setback lines of tests made to ascertain subsurface for irregularly shaped lots. soil, rock and groundwater condi- Supp. No. 33 570 LAND DEVELOPMENT tions; depth to groundwater; loca- w. Title opinion: A title opinion from tion and results of soil percolation an attorney or a property informa- tests; location and extent of muck tion report that is prepared within pockets. Tests shall indicate weight- the preceding sixty (60) days show - bearing capability of the soil after ing the status of the title to the site stripping and compacting. encompassed by the preliminary plat and all mortgages, liens, r. Zoning on and abutting the tract. encumbrances and defects, if any. s. Proposed public improvements; x. For planned unit developments, the highways or other major improve- setbacks for each lot and building ments planned by public authori- setback from the perimeter of the ties for future consideration on or planned unit development shall be I ear the tract. provided on the preliminary plat. t. Draft of restrictive covenants, if any. y. Soils explorations. The results of If the development is a PUD or comprehensive soils explorations, private development of any nature, evaluation of results and recom- restrictive covenants will be required, mendations by a city -approved soils if available at the time of submis- engineering and testing firm. The Sion, soils explorations work shall include u. Other preliminary plans. When as a minimum: requested by the city, typical cross i. Results of borings located by sections of the proposed grading, survey at suitable intervals roadway and sidewalk, preliminary along the proposed roadways; plans of proposed potable water and classification and properties of firefighting systems, sanitary sewage soils encountered; and systems, stormwater management groundwater elevation to systems. All elevations shall be based United States Geological on U.S. Coast and Geodetic Datum. Survey datum found The applicant shall provide the loca- subsequent to making the bor- tion and information of the hundred- ings. The evaluation of the year flood elevation relative to the results and recommendations proposed site, based on the FEMA by the soils firm shall include (Federal Emergency Management as a minimum: recommenda- Agency) maps and establish the tions on the type of base wetlands boundary by the approved construction; projected high - governing agencies, such as the water elevation to United Florida Department of States Geological Survey datum Environmental Regulation, the St. along the proposed roadways, John's Water Management District need, design, size, location, and the U.S. Army Corps of depth and details of underd- Engineers. In addition, the seasonal rains; and a recommendation high water elevation shall be on the elevation of street grades provided, as determined by a including depth of cut. The registered professional engineer in results of the soils work, evalu- the State of Florida. ation of results, and recom- v. Landscaping plan and tree removal mendations shall be and/or land clearing application in incorporated into the plans and accordance with chapter 5 of the specifications submitted for City Code of Ordinances. review. Supp. No. 33 571 WINTER SPRINGS CODE ii. If during construction of building permits that the city is improvements, the city requested to issue for the residential determines in the field that subdivision or planned community soils and/or groundwater condi- before a final plat is recorded with tions are found to be different the clerk of the circuit court of than shown in the data submit- Seminole County, if any, in ted with final development and accordance with F.S. § 177.0730 engineering plans, or there is Final engineering and site plan applications question about adequacy of the shall contain all application requirements as approved plans caused by condi- established in chapter 20, zoning, article II, of tions found in the field, the the City Code of Ordinances. Nothing in this city shall have the right to chapter shall supersede the requirements listed require the performance and in chapter 20 for such applications nor excuse submission of additional soils the applicant from compliance with chapter 20. work and/or to require modifica- (Ord. No. 2025-02, § 2, 1-27-25) tion of the previously approved ucuigll p auJ 111 ludlllg, Uui, 11V1, limited to modification of street Sec. 947. Action on preliminary plat by grades and/or installation of planning and zoning board. additional underdrains, use of Following public notice as provided in chapter soil cement lease course or other 20 the planning and zoning board shall review modifications. the preliminary plat to determine its conformity with the land development regulations and these z. Lot grading. At the time final subdivision regulations. Upon completing its engineering plans are submitted, review, the planning and zoning board shall lot grading and drainage plans shall recommend to the city commission the approval, be submitted for review and approval subject to conditions, or denial of the approval. The plans shall show preliminary plat. In recommending approval minimum floor elevations for all subject to conditions or in recommending denial, homes, existing topography, grad- the reasons for such action shall be stated in ing of all lots, and any drainage writing and reference shall be made to the improvements proposed or required specific sections of the chapter with which the on the lots. The lot grading and preliminary plat does not comply. The subdivider drainage plans shall show the lot shall be notified in writing of the action taken. lines, existing topography (one -foot (Ord. No. 2025-02, § 2, 1-27-25) contour intervals), and proposed lot filling, grading and drainage at a Sec. 948. Action on preliminary plat by scale of one (1) inch is equal to one city commission; effect of hundred (100) feet (or larger) in approval, general accordance with FHA standards for lot grading. (a) Time. The city commission shall approve Substantiating soil borings, evalua- or disapprove the preliminary plat: tions and studies shall also be (1) Within thirty (30) days after its receipt of submitted to document soil condi- the recommendation of the planning and tions, projected high-water zoning board; or groundwater elevation on the lots, and adequacy of the lot grading and (2) Within thirty (30) days after being placed drainage plans. on the agenda of the city commission if the planning board failed to act on the aa. Identification of the percentage of proposed subdivision within a reason - planned homes or the number of able time. Supp. No. 33 572 LAND DEVELOPMENT (b) Effect of approval. Approval of the preliminary plat shall not be construed as author- ity for filing of the plat with the clerk of the circuit court of Seminole County, nor as author- ity for the sale of lots in reference thereto. Approval of the preliminary plat authorizes the subdivider to install all required improvements in accordance with the approved plans and specifications. All work shall be inspected and approved by the city engineer. No improvements, including clearing and grading, shall be undertaken until final engineering drawings and/or site plan for the subdivision, or unit division thereof, have been submitted to and approved by the city commission. (Ord. No. 2025-02, § 2, 1-27-25) Sec. 9-49. Request for expedited issuance of building permits prior to final plat approval. (a) Issuance of expedited building permits. Pursuant to F.S. § 177.073 an applicant may make application for up to fifty (50) percent [seventy-five (75) percent effective December 1, 20271 of residential building permits for those lots approved in the preliminary plat and final engineering and site plan and the city commis- sion shall issue such building permits in accordance with the Florida Building Code and F.S. § 177.073, before a final plat is recorded with the clerk of the circuit court, provided the residential buildings or structures are unoc- cupied and all of the following conditions are met: (1) The city commission has approved a preliminary plat for each residential subdivision or planned community. (2) The applicant provides a master sheet identifying the specific lots of the subdivi- sion, not to exceed fifty (50) percent [seventy-five (75) percent effective December 1, 20271 of the total, for which the applicant plans to submit application for a building permit prior to the approval of the final plat. This master sheet shall be submitted to the city commission with the preliminary plat for approval prior to approval of any requested building permit. The city reserves the right to deny Supp. No. 33 authorization for development on a specific lot or lots to protect the interests of the city. (3) The applicant provides proof to the city that the applicant has provided a copy of the approved preliminary plat, along with the approved plans, to the relevant electric, gas, water, and wastewater utili- ties. (4) The applicant has submitted the required performance security as provided in sec- tion 946 herein. For purposes of a master planned community as defined in F.S. § 163.3202(5)(b), performance security is required on a phase -by -phase basis. (b) Contracts to sell. An applicant may contract to sell, but may not transfer ownership of, a residential structure or building located in the residential subdivision or planned community until the final plat is approved by the city commission and recorded in the public records by the clerk of the circuit court. (c) Certificates of occupancy. An applicant may not obtain a temporary or final certificate of occupancy for each residential structure or build- ing for which a building permit is issued until the final plat is approved by the city commission and recorded in the public records by the clerk of the circuit court. (d) Indemnification. An applicant requesting expedited issuance of building permits prior to the recordation of the final plat shall indemnify and hold harmless the city, its governing body, its employees, and its agents from liability or damages resulting from the issuance of a build- ing permit or the construction, reconstruction, or improvement or repair of a residential building or structure, including any associated utilities, located in the residential subdivision or planned community. Additionally, an applicant shall indemnify and hold harmless the city, its govern- ing body, its employees, and its agents from liability or disputes resulting from the issuance of a certificate of occupancy for a residential building or structure that is constructed, reconstructed, improved, or repaired before the approval and recordation of the final plat of the qualified project. This indemnification includes, 573 § 9-49 WINTER SPRINGS CODE but is not limited to, any liability and damage resulting from wind, fire, flood, construction defects, bodily injury, and any actions, issues, or disputes arising out of a contract or other agree- ment between the developer and a utility operat- ing in the residential subdivision or planned community. The indemnity obligation of the applicant shall be consistent with F.S. § 177.073, as it may be amended from time to time. (Ord. No. 2025-02, § 2, 1-27-25) Secs. 9-50-9-70. Reserved. DIVISION 3. FINAL PLAT* to be filed* extension, (a) The final plat for all or a portion of the area covered by the preliminary plat shall be submitted within one (1) year of the date of approval of the preliminary plat; otherwise, such preliminary approval will automatically become null and void unless the city commission grants a specific extension of time. (b) Application for approval of the final plat shall be submitted to the city planner accompanied by a check in an amount determined by the fee schedule in force at the time of application, payable to the city to cover the cost of handling, review and engineering inspections during the processing of the plans. (Ord. No. 2025-02, § 2, 1-27-25) Sec. 942. Processing of final plans. Processing of final plans shall be as follows: (1) City planner. (2) City engineer. (3) Staff review. (4) City surveyor and city attorney. (5) Only if significant changes, alterations or modifications have been made to the *Editor's note —Ord. No. 2025-02, § 2, adopted Jan. 27, 2025, amended Div. 3 in its entirety to read as herein set out. Div. 3, §§ 9-71-9-78, pertained to final development plan, final plat, and derived from Code 1974, §§ 14-39, 1441-14- 47. Supp. No. 33 574 final plans and plat which would cause to be construed at the time of staff review that a substantial difference between the final and the preliminary plans/plat now exists, the plat must then be sent to planning and zoning for further review. If no substantial difference between the preliminary and final plat exists, this step in the process will not be required. (6) City commission. (Ord. No. 2025-02, § 21 1-27-25) Sec. 9-73. Form and contents of final plat. (a) The final plat shall conform substantially to the approved preliminary plat as approved anu shaii include all conditional requirements specified by the city commission on any conditional approval of the preliminary plat. The subdivider may propose only a portion of the area of an approved preliminary plat for final develop neat should that be desired. Whenever developing only a portion of an approved preliminary plat, that portion being developed must be engineered so that section is not dependent upon further development to ensure adequate drainage, sewer- age, water and other improvements. (b) The final plat shall be twenty-four (24) by thirty-six (36) inches in size and shall be drawn on linen with India ink at the scale no smaller than one hundred (100) feet to the inch meeting alI the platting requirements of Florida Statutes, and shall conform substantially to the preliminary at as approved. The final plat shall constitute only that portion of the approved preliminary at which the subdivider proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of this chapter. The final plat shall be prepared by a registered Florida surveyor and shall show the following information: (1) Title, date, name and description of the subdivision and graphic scale. (2) Name of the subdivider and registered surveyor. (3) The lines and names of all streets and roads. (4) Lot lines and lot and block numbers. LAND DEVELOPMENT (5) Location, right-of-way and classification (15) A dedication to the public by the owners of canals and waterways. of all roads, streets, alleys, easements and other rights -of -way, however (6) Reservations, easements, alleys and any designated, shown on the plan for areas to be dedicated to public use or perpetual use for all public purposes. sites for other than residential use with notes stating their purpose and any limita- (c) At the time the final plat is submitted to tions. the city for approval, the plat shall be accompanied (7) Sufficient data to determine readily and by. reproduce on the ground the location, (1) A title opinion from an attorney or a bearing and length of every street line, property information report that is lot line, boundary line whether curved or prepared within the preceding thirty (30) straight and including a north point. days showing the status of the title to the site encompassed by the final plat and (S) The radius, central angle, point of tangent, demonstrating that the parties executing and arcs and chords of all curved streets the plats are owners of the land included and curved property lines. therein and listing all mortgages, liens, (9) All dimensions should be to the nearest encumbrances and defects, if any. In one -hundredths (100ths) of a foot and addition, the title opinion shall state that angles to the nearest second. taxes and assessments have been paid to date. The city may request an update of (10) A legal description of the subdivision the title opinion or property information boundaries with bearings and distances. report prior to recording of the final plat. (11) Accurate location and descriptions of all (2) Improvement and maintenance security monuments and markers. as provided in section 946 below. (12) The names and locations of adjoining (3) A copy of the final declaration of restric- subdivisions, streets and unsubdivided tive covenants and easements. All land property. designated on the final plat as common open space, except public rights -of --way, (13) Surveys and surveying data on the final including green(s) and all structures, roads plat shall be in accordance with accept- and permitted drives, stormwater drain - able professional practices and principles iage facilities, and recreational amenities for land surveying and preparation of devoted to the common use of the inhabit - plats. Special consideration shall be given to the relationship of the proposed plat to ants of this district shall be owned and existing abutting plats to prevent maintained either by a property homeown- ers' association, a special taxing district, unintended overlap or omission of lands. community development district, or a (14) Mortgage holders shall execute before similar entity. In the case of a homeown- two (2) witnesses and a notary public the ers' association, the ownership of lots following certification on plats: "The shall be subject to mandatory covenants mortgagee(s) consents and agrees to the providing for the maintenance of the platting of lands embraced in this plat common facilities in a manner that and to the dedication(s) shown herein; assures its continuing use for its intended and further, should it become necessary purpose. The subdivider shall submit to foreclose the mortgage covering the evidence of the lawful formation of a property, that all pieces and parcels homeowner's association or other owner - dedicated to the public will be excluded ship entity to be reviewed and approved from the suit and the dedication shall by the city attorney for legal sufficiency remain in full force and effect." prior to the final plat being scheduled for Supp. No. 33 575 WINTER SPRINGS CODE review by the city commission. The final plat shall neither be approved nor given full force and effect unless and until the declaration of restrictive covenants is provided to the city by the subdivider, has been reviewed and approved by the city attorney for legal sufficiency, and recorded in the public records of Seminole County. (Ord. No. 2025-02, § 21 1-27-25) Sec. 9-74. Action on final engineering and site plans; expiration of approval. (a) If the developer elects to request approval of a final engineering and site plan separately and prior to nnprovnl to rnrnrrl the pla+ of +i, + development, the city commission may approve such final engineering and site plan in accordance with the procedures and criteria contained in chapter 20, zoning, of the City Code of Ordinances. The final engineering and site plan may be approved if it complies with all relevant regula- tions included in this chapter and chapter 20. Approval of the plan shall be subject to fulfill- ment of all conditions specified by the city staff and sanctioned by the city commission (b) If within two (2) years after approval of a final engineering and site plan of a development not part of a PUD and for which the plat has not yet been recorded, the development encompassed by the plan has not been completed and inspected by the city, the final engineering and site plan shall be resubmitted for reapproval of all streets and areas within the scope of the plan that remain incomplete and/or unable to function independently of completion of remaining undeveloped portions of the development covered by the previously approved plan. Procedures for reapproval of such expired final engineering and site plans shall be the same as for the original approval. (Ord. No. 2025-02, § 2, 1-27-25) Sec. 945. Reserved, Sec. 9-76. Improvement and maintenance security. (a) Performance security. For final plat applica- tions filed after January 1, 2025, where the required improvements have not been Supp. No. 33 576 substantially completed prior to the submission of the final plat, the approval of such plat shall be subject to the subdivider guaranteeing the installation of such improvements through one (1) of the following methods: (1) Filing a letter of credit in the amount of one hundred thirty (130) percent of the construction cost estimation of any unfinished portion of the required improvements and in a form acceptable to the city attorney, which shall be present- able and payable to the city should the improvements not be completed within two (2) years of final plat approval. �%� �PnflCltlno' n7• n�nnin rr Sri .x ' fied check, cash or other acceptable security as determined by the city attorney, in the amount of one hundred thirty (130) percent of the construction cost estimation of any unfinished portion of the required improvements, which shall be subject to the city's use should the improvements not be completed within two (2) years of final plat approval. In addition, should the subdivider request approval of the final plat prior to substantial completion of all improvements, the subdivider shall be required to place the following advisory notice on the first page of the plat, underneath the signature block for the city's mayor, in at least twelve -point boldfaced type: ADVISORY: At the request of the owner, this final plat has been approved prior to the installation and completion of the subdivision improvements, which may include roads, curbs, gutters, sidewalks, utility lines, stormwater drainage improvements, and recreational amenities. (b) Where the required improvements have been substantially completed prior to the submis- sion of the final plat, approval of such plat shall be subject to the subdivider guaranteeing the completion of such improvements through one (1) of the methods described above in subsection (1) or by filing a performance surety bond in the amount of one hundred thirty (130) percent of LAND DEVELOPMENT the construction cost estimation of any unfinished portion of the required improvements and in a form acceptable to the City Attorney. (c) Maintenance bonds. When requesting to record a plat for which the improvements have been installed, inspected and approved by the city engineer and when the city is being asked to accept such improvements, the subdivider shall provide a maintenance bond payable to the city guaranteeing the performance of required and installed improvements for two (2) years after the date of completion and acceptance by the city, executed and enforceable in the same manner as the corporate or surety completion bond. The bond shall be in the amount of ten (10) percent of the estimated construction cost of all improve- ments to be owned and maintained by the city. As an alternative to the provision of a corporate or surety bond, the subdivider may provide the deposit of equivalent cash in an escrow account with the city, or a letter of credit drawn on an approved institution, drawn in a form approved by the city attorney. (Ord. No. 2025-02, § 2, 1-27-25) Sec. 947. Approval of final plat. The city commission may approve the final plat at a public hearing noticed at least seven (7) days in advance in accordance with the methods described in chapter 20, zoning, article II, of the City Code of Ordinances, considering any applicable agency reports, if the plan is in substantial conformity with the approved preliminary plat and if it complies with regula- tions established by this chapter. If the commis- sion certifies that the development has met all requirements hereof, the plat shall be endorsed as finally approved by the mayor and attested by the city clerk in order that the same may be recorded among the public records of the county. The building official shall not issue a certificate of occupancy until the final plat has been approved and recorded and all drainage, street and utility improvements have been installed and accepted by the city as applicable. (Ord. No. 2025-02, § 2, 1-27-25) that the original linen is signed and sealed, and the plat and deed restrictions, if any, are delivered to the appropriate authority for recording. The developer shall submit to the city the recording fee as specified in the current fee schedule. (Ord. No. 2025-02, § 2, 1-27-25) Secs. 9-79-9-100. Reserved. ARTICLE III. DESIGN STANDARDS DIVISION 1. GENERALLY Sec. 9-10I. In general. Sec. 9-78. Recording/distribution of the final plat. Upon completion of all approval action, the city planner shall be responsible for ensuring Supp. No. 33 577 (a) Suitability of land. (1) All lands included within a development shall be of such nature that the lands can be developed to the minimum standards of this city for the various purposes proposed in the request for development approval. Further, no development plans shall be approved unless the city commis- sion finds after full consideration of all pertinent data that the development can be served adequately and economically with such normal public facilities and services as are suitable in the circumstances of the particular case. (2) Reserved. (3) The city commission after considering all information submitted, including staff reviews, shall be required to make find- ing by motion duly passed whether the land is suitable for development as proposed, and if so the plan shall be approved for further processing. (b) Conformity with comprehensive plans. The subdividing and development of any area subject to this chapter shall be in conformity with the general goals and objectives of the city with respect to any presently officially adopted comprehensive development plan, existing zoning plan and requirements including all amend- ments thereto, policies and plans present and future established by the city commission with respect to lake levels, navigational requirements WINTER SPRINGS CODE and policies, water supply, waste disposal and other essential utilities, and overall drainage plan and policies for development in any special improvement district. (c) Use of natural features. The arrangement of lots and blocks and street systems should make the most advantageous use of topography and preserve mature trees and other natural physical features wherever possible. (Code 1974, § 14-60; Ord. No. 2021-05, § 3, 8-9-21) Sec. 9-102. Entire tract to be used; landlocked areas prohibited. .i ii�, �.ii�ii � i.i ul:L Ui.uis .^� UAIUl V LUCLL Ul UC V ell/pCU shall be placed in lots, streets and other usable tracts so that remnants and other landlocked areas shall not be created. (Code 1974, § ]_4-61) Sec. 9-103. Public sites and open spaces, exception. (a) The developer of all residential subdivi- sions which are to be platted, but excluding those located in an approved PUD, shall confer with the planning and zoning board in regard to sites for schools, parks, playgrounds and other common areas for public use, at the time of presentation of the preliminary plan. An area equal to five (5) percent of the gross area shall be dedicated by the owner to the city for park and recreational purposes. (b) When the land to be developed is less than twenty (20) acres in size, the city staff may recommend that the city council waive the aforesaid requirement in conjunction with approval of the preliminary plan. (Code 1974, § 14-62) Sec. 9-104. Utility services to be underground, exceptions. (a) Except as provided herein, all utility services shall be installed underground, includ- ing electric power, telephone, cable television and other services of like nature. Supp. No. 33 578 (b) Individual service connection lines to bUlld- ings shall be installed underground unless evidence is submitted to the city staff that some compelling factor precludes such underground installation. (c) In areas where lots are one (1) acre or greater in size, the city staff may waive require- ments for underground installation of utility services. (d) Main distribution lines bringing service to the development, and being installed on the perimeter of the development or segment of the development, may be installed aboveground upon approval of the city staff. (Code 1974, § 14-63) Sec. 9-105. Open drainage ditches; storm sewers. No open drainage ditches shall be allowed. within any subdivision boundaries, except as authorized by specific action of the city commis- sion. Storm sewers shall be covered and open ditches shall be permitted across undeveloped land only as an outlet into an established watercourse. Whenever any outlet ditch passes within one hundred (100) feet of any home, the area of the ditch shall be fenced. This section does not apply to existing natural streams, swales, rivers, or ditches. (Code 1974, § 14-64) Sec. 9406. When drainage ditch fence is required. Whenever a building permit is issued for a lot which borders on a drainage ditch, the builder shall be required to place a four -foot high chain link fence along the lot line bordering the drain- age ditch. (Code 1974, § 14-65) Sec. 9407. Septic tanks. A development within the city may utilize septic tanks after approval by an appropriate resolution by the city commission, subject to the following terms and conditions: (1) A written request for such permission shall be submitted to the city commission LAND DEVELOPMENT at the same time that the preliminary pIan for the development is forwarded to the city for approval. (2) A written statement shall be submitted at the time of the request from the state board of health, or appropriate officer thereof, approving the use of septic tanks in the proposed development. (3) A plat or site plan shall comply with current state law before the city commis- sion may authorize the use of septic tanks. (4) A septic tank permit issued by the appropriate authority shall have been issued prior to the issuance of each build- ing permit. (Code 1974, § 14-66) Secs. 9-108-9-125. Reserved. DIVISION 2. LOTS AND BLOCKS Sec. 9-126. General requirements. (a) Lots and blocks shall be designed: (1) According to acceptable practice for the type of development and use contemplated so as to be aesthetically acceptable. (2) In keeping with the topography and other site conditions and to provide adequate traffic and utility access and circulation. (3) To provide for acceptable use of space. (4) To provide privacy. (5) To provide adequate drainage and protec- tion of property. b) The establishment of special require - ( ments by the city to accomplish these general purposes may be necessary in some cases. (Code 1974, § 14-74) Sec. 9427. Lot dimensions; minimum street frontage. (a) Lot size. The lot size, width, depth, shape, and orientation, and the minimum building setback lines shall be appropriate for the loca- tion of the subdivision and for the type of Supp. No. 33 development and use contemplated. Lot dimen- sions shall not be less than the minimum standards established in the city zoning ordinance. Lots in residential districts which abut arterial streets shall have a minimum depth of one hundred twenty-five (125) feet. Width and area of lots laid out for industrial and commercial purposes shall be adequate for the type of develop- ment contemplated and adequate to provide off-street parking, loading, and service facilities. (b) Manner of measuring minimum lot widths. All measurements of minimum lot widths which are provided in zoning, subdivision, and planned unit development ordinances of the city are to be measured at the building line within the individual lots. (c) Corner lots. Corner lots shall be at least fifteen (15) percent greater in width than the minimum established in the zoning ordinance, except where the minimum lot is one (1) acre in, size, no additional width shall be required. (d) Access. Each lot, for a minimum distance of twenty -five (25) feet, shall abut on a public street or private right-of-way. This requirement shall not be construed to prohibit private streets within developments where the land remains under one (1) or common ownership. The subdivi- sion shall be so designed that remnants and landlocked areas shall not be created. 579 (e) Lot lines. Side lot lines shall be, as nearly as practical, at right angles to straight street lines and radial to curved street lines. (f) Double frontage lots. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from arterial and/or collector streets or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet in depth, across which there shall be no right of vehicular access, shall be provided along the line of lots abutting such traffic artery or other disadvantageous use. (Code 1974, § 14-75) WINTER SPRINGS CODE Sec. 9-128. Lots not to be divided by municipal boundaries. No lot in any subdivision shall be divided by a municipal boundary. (Code 1974, § 14-76) Sec. 9-129. Clearing of rights -of -way. Rights -of --way must be completely cleared of all trees, the only exception being permitting specific trees to remain which have been approved therefor by the city. Rights -of -way must be cut to grade to the full width and conform to the applicable exhibits of this chapter. (Code 1974, § 14-77) Secs. 9-130-9-145. Reserved. DIVISION 3. STREETS AND ALLEYS* Right-of-way Paving Street classifica- With Without With Without tion curbs curbs curbs curbs Arterial 80 80 28 24 Collector 60 70 28 24 Minor 50 60 24 20 Rustic Residential: 50 — 24 — 66 — 26 — 80 — 26 — See typical street sections, section 9-296 for additional requirements. (b) In determining the width of a street with curbs, the width shall be measured from the outside to the outside of the curbs, including ribbon curbs and Miami -type valley gutters. (c) Traffic studies may be required if requested Sec. 9-146. Classification. by the city to establish proper design. Streets shall be classified according to the (1) A developer shall prepare, or have following: prepared, and provide the city with a traffic impact analysis when determined (1) Arterial streets include designated state to be necessary by the city staff, provided: roads and other thoroughfares which are designed, constructed and maintained a. The development is nonresidential for large traffic volumes. or multifamily and accessing on a roadway that is functionally classi- (2) Collector streets are those designed, fied as a collector or above. constructed and maintained for moder- ate traffic volumes and to serve as con- b. There are twenty (20) single-family Hectors between arterial streets and minor residential units or more, or the streets. development is ten (10) acres or larger in size and has access on a (3) Minor streets are those designed, collector or greater road. constructed and maintained primarily to c. A special traffic hazard is deemed provide access to abutting property to exist by the city planner. owners. (Code 1974, § 14-83) d. This requirement may be waived by the city planner, by means of posi- Sec. 9447. Minimum right-of-way and tive recommendation, when the paving widths. anticipated requirements are provided for in the preliminary plan (a) The minimum right-of-way and paving of the development. widths (in feet) are as follows: (2) The traffic impact analysis shall be *Cross reference —Streets, sidewalks and other public submitted with the final development places, Ch. 17. plan. Supp. No. 33 580 LAND DEVELOPMENT (3) The analysis of traffic impact will provide: a. Total projected average daily trips for the site in question. b. Design capacity of the accessed road(s). c. Average projected peak -hour trip projections for the site in question. d. Analysis of projected on -and off -site traffic patterns, i.e., turning move- ments. e. Projected percentage of truck traf- fic. f. Recommended improvements made necessary by the development. g. Other related information as required by the city planner. (4) The traffic impact analysis shall be prepared by a qualified traffic engineer. (Code 1974, § 14-84; Ord. No. 636, § I, 12-9-96) Sec. 9-148. Street grades, generally. (a) Street grades, wherever feasible, shall not exceed the following, with due allowance for reasonable vertical curves: Street clas- Percent sification Street types grade Arterial Regional thoroughfares 6 Local thoroughfares 7 Collector Collector streets 8 Minor Minor streets 10 Marginal access streets 10 (b) No street grade shall be less than twenty- four hundredths of one (1) percent on streets with curbs and gutters. On swale roadway sec- tions, flatter grades may be utilized with the swale grade centerline, based upon results of hydraulic analysis, but not less than one -tenth of one (1) percent. (c) The above requirements are for residential developments. Commercial or industrial subdivi- sions may require individual consideration as to the extent of grade which will be permitted. (Code 1974, § 14-85) Sec. 9449. Streets to be paved. At least one (1) street leading to a develop- ment and all streets within a development shall be paved. Unpaved private streets in a develop- ment with lots of five (5) acres or more may be recommended for approval by the city engineer after the applicant submits engineering data relating to soils, intended stabilization, base materials, and other pertinent data to the city engineer for his review and recommendation to city commission. (Corte 1974, § 14-87) Sec. 9-150. Paving of access streets. (a) Where existing off -site access streets which connect to a new development are not adequately paved and drained to handle the anticipated traffic, provisions for improving such access streets shall be included with the preliminary and final development engineering plans submitted to the city for consideration and approval. Access streets shall be paved prior to the issuance of a building permit in aforesaid development. All costs shall be borne by the developers. Supp. No. 33 581 (b) When a new development places a burden on the design capacity of a presently paved street immediately adjacent to the development, the developer shall, if deemed necessary by the city and at his expense, upgrade the improve- ments of the street in question beyond that which the city would normally perform. (Code 1974, § 14-88) Sec. 9-151. Paving costs. No part of the cost of paving new streets in any undeveloped subdivision shall be paid by the city. All paving installed in such subdivisions shall be at the entire cost of the owner or developer and shall be pursuant to the provi- sions of this chapter. (Code 1974, § 14-89) Sec. 9452. Cuts -de -sac; dead ends. (a) Cul-de-sac rights -of --way shall be provided with a terminal radius of at least fifty (50) feet, and the paving shall be eighty (80) feet in WINTER SPRINGS CODE diameter. A street ending in a cul-de-sac shall have a maximum length of eight hundred (800) feet, including the cul-de-sac. (b) Dead-end streets permanently designed as such shall be provided with a cul-de-sac. (Code 1974, § 14-90) Sec. 9-153. General layout; connections with existing streets. The proposed street layout shall be coordinated with the street system of the surrounding area. The arrangement and location of all streets shall be considered in relation to topographical condi- tions, to public convenience and safety and in annrnnria♦-n rpinl-inn 1-n nll rn>.u:...'�.. '.o.,., ..-f' fly„ land to be served by such streets. (Code 1974, § 14-91; Ord. No. 2011-02, § 2, 5-941) Sec. 9-154. Half streets. Half streets shall not be platted except to complete an existing half street. (Code 1974, § 14-92) Sec. 9-155. Intersections. (a) Streets shall be laid out to intersect as nearly as possible at right angles. No street right-of-way shall intersect another at an angle less than seventy (70) degrees unless special provision is made in the design of the intersec- tion. Wherever possible, intersections of paving shall be at ninety (90) degrees and the right-of- way increased accordingly. (b) Multiple intersections involving the juncture of more than two (2) streets shall be prohibited. Intersections with major streets should be located not less than eight hundred (800) feet apart, centerline measurement. Street jogs at intersections with centerline offsets of less than one hundred fifty (150) feet are prohibited. (c) See subsection 9-297(b), concrete valley gutter at standard intersection, for additional requirements. Intersection engineering shall include signing and/or signalization. (Code 1974, § 14-93) Supp. No. 33 582 Sec. 9-156. Street names. New street name assignments shall be subject to the review, verification and approval of the Seminole County Planning and Development Department. Proposed street names shall be submitted as part of the site plan review for the City of Winter Springs, and the site plan review committee shall forward the proposed street names to the Seminole County Planning and Development Department. Building/lot number assignments shall also be designated by the Seminole County Planning and Development Department. See subsection 9-298, method for naming streets. (Code 1974, § 14-94; Ord. No. 2001-43, § 1, 92-ni Sec. 9-157. Private streets. (a) A private street as a principal means of access to individually owned lofts shall be prohibited unless appropriate deed restrictions are recorded and legally binding, permanent maintenance associations are formed. This requirement may not apply to the provision of roadways within shopping centers, industrial or wholly commercial districts, apartment projects or townhouse projects and other developments under single ownership or commercial owner- ship. In such cases, the owner shall be responsible for the construction, maintenance and control of such private streets. Private streets shall meet de sign/construction and inspection standards established for public streets unless waived by specific council action. (b) All gated communities in the City of Winter Springs shall install on each access gate into the community an E.V.A.C. (emergency vehicle access control) system. The E.V.A.C. system shall be installed and maintained at the communities expense for the purpose of public safety admit- tance into their development. The E.V.A.C. system shall be in addition, and separate, from the gate opening system that is provided for the residents. The installation of the E.V.A.C. system shall be done with a vendor of the communities choice. (1) Each gated community shall also install at each access gate a keypad code entrance device. The keypad entrance code must LAND DEVELOPMENT § 9- be supplied to the fire department in (15) feet total width shall be provided as writing upon installation, and written required for proposed utility installa- notice must be made when any changes tions or maintenance. Easements of are made to the code. greater width may be required along or (2) It shall be a requirement in the design of across lots where necessary for the exten- any gate that, in the event of a power sion of main sewers or other utilities, or failure to the gate, that all gates automati- where multiple utilities and water and cally go to the fully opened position. sewer lines are located within the same NOTE: Existing gated communities will easement. Side lot easements may be not be required to comply with this decreased to ten (10) feet (five (5) feet requirement until such time as the exist- each lot) when serving a single electric or ing gated community replaces the gate telephone utility. opening device. (2) A drainage easement shall be provided (3) Entrance and exit gates must allow a when necessary. Such easement shall be minimum of twelve (12) feet of roadway of sufficient width to provide adequately clearance when in the open position, for watercourses, dramageways, chan- (4) Existing gated communities shall have nels, pipes, culverts or streams, and access one hundred eighty (180) days after adop- to permit maintenance of the same. tion of this policy to come into compli- Minimum width for piped drainage ease- ance with this requirement. ments shall be fifteen (15) feet. On or in a drainage easement, no storm sewer (5) New communities must come into compli- inlets shall be constructed or placed that ante with this requirement before any would restrict the primary function or certificates of occupancy for that tom- maintenance of the easement. munity will be issued by the city. (Code 1974, § 14-95; Ord. No. 628, § I, 1044-96; (3) Where a subdivision is traversed by a Ord. No. 628, § I, 10-14-96) watercourse, drainageway, canal or stream, there shall be provided a storm Sec. 9458. Alleys. drainage easement or right-of-way Alleys may be required in commercial and conforming substantially with the lines industrial districts but shall be discouraged in of such watercourse, and such further single-family, residential areas. When provided, width or construction, or both, as will be alleys shall have minimum right-of-way width of adequate for the purpose. Parallel streets twenty (20) feet. or parkways may be required in connec- (Code 1974, § 14-96) tion therewith. Sec. 9459. Easements. Drainage easements and utility easements, including water, sewer, electric, telephone, gas and cable television, shall be provided as follows: (1) Developers shall install water and sanitary sewers in public rights -of --way. Easements for utilities along rear lot lines shall be a minimum of fifteen (15) feet total width and shall include electric, telephone, gas and cable television ease- ments. Where deemed necessary along side lot lines, a minimum width of fifteen Supp. No. 33 583 (4) Any off -site easements, which are required for thfunctioning of the drainage system, e shall be included in the proposal for development and made a criteria for site plan approval. (Code 1974, § 14-97; Ord. No. 444, § 1(2), 1-9-89) Sec. 9460. Grassing, mulchingg , soddin. (a) All road rights -of --way, easements, drain- age areas, swales, median percolation areas, berms, and other dedicated public areas shall be grassed, sodded or mulched to a standard satisfac- WINTER SPRINGS CODE tory to the city prior to acceptance by the city. In certain areas, sodding and other erosion protec- tion measures may be required by the city. (b) Where ongoing housebuilding will continue for a reasonably short period of time after final acceptance of improvements, the city may waive the requirement for immediate installation of sod. When the city grants such waiver, the amount of the maintenance bond as required in this chapter will be increased to provide surety for this installation at a subsequent time, but prior to the expiration of such bond. (Code 1974, § 14-98) Secs. 9-161-9-175. Reserved. ARTICLE IV. REQUIRED IMPROVEMENTS DIVISICl�l1. Gi+.l�IL,hALLI' Sec. 9-176. Responsibility for design and certification of improvements. A Florida registered professional engineer shall be employed to design required improvements, including streets, drainage structures, bridges, bulk -heads and water and sewer facilities. All plans for such improvement shall be prepared by such engineer and submitted to the city, along with plats and bonds when appropriate, to allow joint review and approval prior to the commence- ment of construction. After required improve- ments have been installed, the engineer shall submit certification that the improvements have been substantially constructed according to the approved plans and specifications and shall submit as -built plans, including elevations, as required. (Code 1974, § 14-109) Sec. 9477. Certain data to be submitted prior to installation of improvements. (a) Prior to the installation of any required improvements of the development, the following supplementary data shall be in the files or shall be submitted to the city planner: (1) Construction plans, specifications and engineering estimates of costs for all Supp. No. 33 584 required improvements in the subdivi- sion, including streets, sidewalks, storm drainage facilities, water supply and distribution facilities, sewerage collec- tion and treatment facilities and plans for excavating, filling and grading lands, alI as prepared by a state -registered engineer and bearing his professional seal thereon. If the water distribution or sewerage collection system is to be an extension of existing systems, the submit- tal need not include complete plans and specifications for the total basic existing system, but shall include certification with supporting data by the developer's engineer demonstrating that adequate plant and other system capacity is avail- able to serve existing connections plus those proposed in general accordance with the design standards listed herein. Additionally, the plans will show the connection of proposed facilities to exist- ing systems and all proposed facilities within the proposed development. As an alternative to submittal of an engineer's estimate of costs, bids for the work from two (2) reputable contractors or a copy of an executed construction contract for the work will be acceptable. All water and sewer improvements to be owned, oper- ated and maintained by the city shall be dedicated to the city unless otherwise indicated by the city. (2) A certificate that the design and plans of water and sewer and drainage systems to be installed have been approved by the department of environmental regulation and/or the St. John's Water Management District will be furnished to the city before construction is initiated. (3) Documentation that the lot or parcel abuts or is connected to a public street which has been dedicated to and accepted by the city or which street is shown on a legally recorded subdivision. (4) Documentation of any variance which has been granted pursuant to this chapter. LAND DEVELOPMENT (b) A notice to commence construction will be issued by the city to the developer when all requirements are deemed to have been satisfactorily met by the developer. (Code 1974, § 14-110; Ord. No. 444, § 1(3), 1-9-89) Sec. 9-178. Required improvements to be completed prior to building on lots; exceptions. (a) No building shall be erected on a lot or parcel of land subject to this chapter nor shall any building permit be issued therefor unless the lot or parcel is within a subdivision for which a final plat has been approved by the city commission and the required improvements have been installed and found acceptable by the city engineer, or concurrently with the construction of the required improvements of the subdivision, the builder or owner signs a written agreement at the time of issuance of such permit that he will not request a final inspection or electrical hookup until all improvements affecting the lot have been completed and approved. (b) When a bond or letter of credit, to ensure the city that the proposed improvements will be installed, has been posted with the city, at the discretion of the building official, house construc- tion will be permitted. (c) Where the building official has an authorita- tive method of assurance that the improvements will be completed in accordance with approved plans, such as withholding occupancy, the build- ing official may issue building permits upon advising the developer that all or partial occupancy will be restricted until satisfactory completion of the improvements has been accomplished. (d) No building permit shall be issued unless the water lines and fire hydrants are in opera- tion within the subdivision sufficient for fire suppression and there shall be adequate access to the building sites for all city vehicles. Certificates of occupancy will not be issued until all improvements are accepted by the city com- mission. (Code 1974, § 14-111; Ord. No. 471, § 1, 10-23- 89; Ord. No. 481, § 1, 3-26-90) Supp. No. 33 Sec. 9-179. Inspections and tests. (a) General. The designated city official shall inspect all improvements at the specific stages of construction noted below. The city shall not accept improvements in any subdivision or planned unit development which has not been inspected and approved in strict accordance with the procedures in this section. If deemed neces- sary by the city engineer, additional calculations, detailed drawings and other appropriate documentation of any phase of a plan submittal may be requested which includes preliminary, final and as -built review. (b) Responsibility, liability of city. The city wilI accept no responsibility, or liability for the work, or for any contractual conditions involving acceptance, payment, or guarantee between the utility companies, various contractors, owners, anI developers, by virtue of these stage inspec- tions. The city assumes no responsibility or commitment guaranteeing acceptance of the work, or for subsequent failures, by virtue of these stage inspections. However, if any aspect of the work being performed does not comply with acceptable standards, corrections will be required by the inspector as a condition for city acceptance. All required improvements shall be installed, and have the approval of the city engineer and/or other city department(s), prior to submission to and acceptance by the city council. 585 (c) Inspections. Inspections shall be conducted at the end of each significant phase and before the next construction phase is begun. Additional phase inspections may be required and made at the discretion of the city. (1) Notification. For all phase inspections the city shall require twenty-four (24) hours' notice. Such notice shall be in writing for the final inspection. (2) Failure to inspect. Where the city fails to make phase inspections within five (5) working days after notice is given by the developer, the interim phase will be deemed as inspected and approved and the developer may proceed to the next phase of work. This provision does not negate the obligation of the developer to WINTER SPRINGS CODE supply the city with the results of the i. At the start and end of curb and required tests for any phase of the develop- gutter installation. ment. j. Base course, during construction or (d) Tests. The developer shall ensure that all mixing; soils testing services and appropriate test results are furnished the city so tests required. it may have sufficient review time before a request for inspection and approval of each k. At the end of base course work prior phase. to installing the wearing course. (1) Final inspection. As -built engineering plans shall be submitted to the city upon 1. When inverts, box culverts and all completion of construction, for review other concrete structures including and inspection in regard to conformity, inlet tops have their forming prior to the issuance of a certificate of complete, and the steel is in place occupancy. The city shall notify the prior to pouring. Test cylinders shall developer of the results of the final inspec- be required on certain types of n i.iuii YYibiiiil UiiG \1J VVCCli GL LLLC 1118pCC- aIIii/iil CdGll bypC Ul tion. However, a final inspection will not construction such as inlets and curbs. be made until all inspections are made and work approved. m. At time of installation of subbase course base course and wearing (2) Schedule of inspections iv lie inacle by ize g course, and at the end of paving city and tests required: operations. a. Preconstruction, prior to initiation of the work to go over the job and n. Cleanup and dressing of right -of - procedures. way limits. b. At the end of site clearing and o, Sodding and/or seeding completion. grubbing; furnish soils data. c. At the start and end of roadway p. Street name signs and traffic -control excavation and fill work. signs. d. At the end of the sanitary sewer installation before the next phase of work for testing; provide backfill compaction tests under pavement areas. e. At the end of 4- provide backfill compaction tests under pavement areas. f. At the end of water main construc- tion before next phase of the work for pressure and leak testing; provide backfill compaction tests. g. At the start and end of subbase installation. h. At the start and end of underdrain installation. (Filter material to be approved by soils consultant.) Supp. No. 33 586 Pavement marking. q. r. Final inspection when the total job is complete and documentation of the various phases of work have been received. s. Certified "as -built" engineering plans reflecting actual intersection and grade control points of pavement, pipe inverts, fire hydrant locations, grades, service (water and sewer) lateral locations, dimension of pave- ment and stormwater management system shall be submitted to the city prior to final acceptance. In addition, a letter of certification is to be submitted to the city by the engineer -of -record. LAND DEVELOPMENT (e) Special note. City permits are required for utility use, road crossings, and drainage construc- tion in public rights -of --way that have been previ- ously accepted for maintenance by the city. (Code 1974, § 14-112; Ord. No. 444, § 1(4)—(7), 1-9-89) Cross reference —New streets, permit required, § 17-26. Sec. 9-180. Monuments. (a) Permanent reference monuments. Permanent reference monuments shall be placed as required by F.S. Ch. 177. Monuments shall be set in the ground so that the tip is flush or no more than one (1) foot below the finish grade. (b) Permanent control points. Permanent control points shall be set along the street right-of-way or block lines at PC's, PT's, PRC's, PCC's, and other changes in direction, excluding those points located by PRM's or other locations permitted by the laws of the state. (Code 1974, § 14-113) Sec. 9-181. Developer responsibility and control. (a) The developer shall be required during the entire construction period to control, regulate and maintain the development in such a manner as to prevent the accumulation of trash and debris, resulting from his construction activities, m both the site and adjacent public and private property, which would detract from the enjoy- ment and pleasure in the natural scenic beauty of the city, and in turn, injuriously affect the economic well-being of the citizenry. The use of residential lots in nearby developments, or substantially complete phases of the same develop- ment, under the ownership and control of the developer, for the bulk storage of construction materials substantially unrelated to the develop- ment of those residential lots is prohibited. (b) A development shall be deemed to be t substantially completed when seventy (70) percen of the planned units are completed and ready for occupancy, or are actually occupied. If this condi- tion does not exist at the time of expiration of the improvement bonds, the bond must be extended until this condition is met. Supp. No. 09 § 9-201 (c) Failure to comply with the aforesaid provi- sion shall be deemed a violation of these subdivi- sion regulations. (Code 1974, § 14-125) Secs. 9-182-9-200. Reserved. DIVISION 2. STREETS AND BRIDGES* Sec. 9-201. Standards for roadway base materials. The following are the minimum standards for roadway base course for hard -surfaced, paved streets: 587 All ttustria (1) srees in indl or commercial subdivisions and all arterial streets shall have one (1) of the following: a. Eight (8) inches of compacted limerock. b. Eight (8) inches of soil cement. c. Equivalent material approved by the city engineer. (2) All streets in residential subdivisions except arterial streets shall have one (1) of the following: a. Six (6) inches of compacted limerock. b. Six (6) inches of compacted soil cement. c. Equivalent materials approved by the city engineer. (3) Commercial and residential roadways: a. Soil cement bases must meet the following criteria: 1. A minimum compaction density of ninety-eight (98) percent. 2. A minimum compressive strength of three hundred (300) psi at the end of seven (7) days. 3. The percentage of moisture in the mixture and in the unpul- verized soil lumps, based on dry weights shall not be more *Cross reference —Streets, sidewalks and other public places, Ch. 17. § 9-201 WINTER SPRINGS CODE than two (2) percentage points value and ninety-five (95) from the optimum moisture percent modified maximum content. density. 4. No more than two (2) hours Reports on in -place density tests shall elapse from the time with compressive strength data will cement is introduced to the be submitted for both base and sub - mix and final compaction is grade prior to placing an asphaltic completed. cement overlay on the base. b. Limerock bases must meet the fol- (Code 1974, § 14414; Ord. No. 444, § 1(8), lowing criteria: 1-9-89) 1. A minimum compaction density Sec. 9-202. Standards for the surfacing of of ninety-eight (98) percent in streets. conformance with ASHTO- T180. The wearing surface of streets shall consist of c. Concrete base must meet the follow- one (1) of the following materials for hand- ing criteria: surfaced, paved streets: 1. Use of concrete will be reviewed (1) All streets in industrial or commercial as per Section 31611-82, ACI developments and arterial streets shall Manual of Concrete Practice; hgve a minimum compacted thichmess of AASHTO Guide for the Design one and one-half (11/2) inches of Type I of Pavement Structures and asphaltic concrete surface course. Municipal Concrete Pavement Design Manual (American (2) All streets in residential developments Concrete Pavement Associa- except arterial streets shall have a tion), minimum compacted thickness of one (1) These values must be submit- inch of Type I asphaltic concrete surface ted by a professional soils and course or equivalent materials approved material engineer, registered by the city engineer. in the State of Florida. (Code 1974, § 14-115) d. Under certain soils and groundwater Sec. 9-203. Street markers. conditions, the city shall have the right to require a base of soil cement (a) Street name markers shall be installed at or other suitable base. Underdrains each intersection. Such markers shall be mounted on one (1) or both sides of a street on galvanized pipe extending at least eighteen may be required. The following are (18) inches into a concrete base below the surface the minimum standards for roadway grade and nine (9) feet above the surface grade, sub -base course for hard -surfaced, bearing aluminum plates with reflecting sheet - paved streets: ing six (6) inches high to permit letters three and 1. On arterial or collector streets, one-half (31/2) inches in height, or shall be the a minimum of ten (10) inches equivalent or better with regard to legibility, thick, seventy-five (75) psi durability, and appearance. Alternate street sign Florida bearing value and mounting may be approved by the city engineer. ninety-five (95) percent modi- Reference for alternates is the MUTCHA standard fled maximum density. (Manual on Uniform Traffic Control Devices). Other alternatives may be accepted. 2. Minor streets shall have an eight (8) inch thick, seventy- (b) Street signs will be installed by the public five (75) psi Florida bearing works department at the developer's expense. Supp. No. 33 588 LAND DEVELOPMENT (c) The final plan for a development shall include a plan for the location and designation of street signs. Such plan will disclose the details, location and design of street signs, and will be approved by the head of the department of public works prior to staff review of the final plans. (Code 1974, § 14416) Sec. 9-204. Streetlights and traffic signs. (a) The final plan of each proposed develop- ment shall include a plan for the location of appropriate streetlights. The plans will disclose the intensity of illumination which would be accomplished. The plan would be prepared by, or in conjunction with, the power company serving the area. (1) Approval by the city engineer of the streetlight plan shall be made prior to staff review of the final plans. (2) Pole fee. The developer will be required to pay to the city a sum equal to all costs of operating the streetlight system for the first two (2) years after installation, which fee will be established by resolu- tion of the city commission. (3) All costs, pertaining to installation of the streetlight system will be borne by the developer, and the streetlighting system will be installed by the power company serving the area. (b) The final plan for a development shall include a plan for the location and designation of traffic signs. Such plan will disclose the details, location and type of each traffic sign. Traffic signs will comply with the MUTCHA (Manual on Uniform Traffic Control Devices) standards, and in general be mounted on an approved support extending at least eighteen (18) inches into a concrete base below ground surface. Signs will be aluminum plate with reflective sheeting and will comply with all other provisions of the MUTCHA standards. (1) The traffic sign plan shall be approved by the chief of police prior to staff review of the final plans. Supp. No. 33 § 9-206 (2) Traffic signs will be installed by the public works department of the city at the developer's expense. (3) The city shall accept streetlights and traffic signs for maintenance at the same time that the streets and other improve- ments located within the development are accepted for maintenance by the city. (Code 1974, § 14-117) Sec. 9-205. Bridges. (a) Bridges shall be designed in general accord with department of transportation standards. Bridges shall be constructed with curbs, the required paving width, and in addition, sidewalks at least three (3) feet wide on both sides, except on dual bridges where sidewalks shall be required only on the outside of each bridge. Approach guardrails or fences shall be provided in accordance with department of transportation standards. Under special conditions, a single sidewalk, four (4) feet wide will be accepted by the city. (b) Bridges shall be inspected and approved by a certified inspector in accordance with state law prior to acceptance. If bridges are privately owned they shall be subject to the same inspec- tion as those which are city -owned. (Code 1974, § 14-118) Sec. 9-206. Right -turn deceleration lanes. Right -turn deceleration lanes at proposed development access points shall be provided if they are warranted and feasible as determined from the traffic study. The warrants include, but are not limited to the following criteria: (a) For two-lane roadways with posted speed limits greater than forty-five (45) mph, the projected right -turning volume is equal to or greater than thirty (30) right turns per hour. (b) For two-lane roadways with posted speed limits of forty-five (45) mph or less, the projected right -turning volume is equal to or greater than eighty (80) right turns per hour. § 9-2Vu WINTER SPRINGS CODE (c) For four -lane roadways with posted speed limits greater than forty-five (45) mph, lane, the right turning volume is equal to or greater than forty (40) right turns per hour. (d) For four -lane roadways with posted speed limits of forty-five (45) mph or less, the projected right -turning volume is equal to or greater than one hundred ten (110) right turns per hour. (e) For all six -lane facilities, right turn deceleration lanes are only warranted at locations with a very high number of right turning vehicles. (f) Other factors which must be considered in the warrant evaluation process include: (1) Percentage of trucks, recreational vehicles, and buses turning right at a specific location. (2) Gated entrances where there is limited queue distance between the gate and the edge of the outside through lane. (3) Accident history including vehicular, pedestrian, bicyclist traffic. (4) Sight distance. (5) Right -of --way requirements. (Ord. No. 2004-24, § 2, 6-14-04) Secs. 9-207-9-220. Reserved. DIVISION 3. SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS* Sec. 9-221. Sidewalks. (a) Sidewalks at least four (4) feet in width shall be placed on each side of all streets along and within the right-of-way, except within industrial or mobile home districts. All four -foot sidewalks shall not exceed twenty (20) feet per section. Sidewalks shall be constructed of a minimum of two -thousand -five hundred -pound "C" concrete with a minimum thickness of four (4) inches except at driveway approaches, where *Cross reference —Streets, sidewalks and other public places, Ch. 170 Supp. No. 33 590 such sidewalks shall be at least six (6) inches thick. The contractor shall place a one (1) inch deep contraction joint every four (4) feet and an expansion joint every twenty (20) feet in the sidewalk. The requirement for sidewalks shall be the responsibility of the builder, and such sidewalks shall be installed prior to the final inspection of any building. (b) Sidewalks shall be required in all develop- ments unless the city commission determines it to be in the interest and welfare of the environ- ment to exempt same. (Code 1974, § 14-119; Ord. No. 444, § 1(9), 1-9-89; Ord. No. 466, § 1, 3-26-90) Sec. 9-222. Driveways. All driveways shall conform to federal housing authority specifications. See subsection 9-299, cliiveway eriiiarices for standard vertical curb and gutter. (Code 1974, § 14-120) Sec. 9-223. Curbs, gutters, easements. (a) A properly prepared sub grade and approved road base and wearing surface with a minimum of Miami -type curbs and gutters shall be provided for all paved streets within any subdivision having lots less than one (1) acre in size. Where it is shown to the satisfaction of the city engineer that percolation rates are adequate, the developer may install swales in lieu of curbs and gutters. (b) A properly prepared subgrade and approved road base and wearing surface with grass swales not to exceed one and one-half (11/2) feet in depth and a minimum of five (5) feet from the road edge may be provided for all streets in subdivi- sions with lot sizes one (1) acre or greater, subject to approval of the city engineer, based on soil conditions and water table. (c) Streets and drainage easements are to be cleared as required and left in a neat and clean condition. Street rights -of -way and outfall ditches shall be sodded or sprigged with grass, or seeded and mulched, or shall be otherwise protected to prevent erosion in a manner approved by the city LAND DEVELOPMENT engineer. The subgrade must be of suitable material and must be prepared in accordance with the standards prescribed by this chapter. (d) Legal drainage easements, both on -site and off -site, will be required. Any off -site ease- ments needed for legal reasons, construction, system performance, or maintenance of the facil- ity shall be included in the development proposal and made criteria for development approval. Such easements shall be of sufficient width to provide adequately for watercourses, drainage - ways, channels, pipes, culverts, or streams and access to permit maintenance of same. Drainage easements for pipes shall be a minimum of fifteen (15) feet wide. Larger easements will be required for large pipes or where construction or maintenance requirements dictate. (e) See section 9-301 for alternate curb sec- tions. (Code 1974, § 14-121) Secs. 9-224-9-240. Reserved. DIVISION 4. DRAINAGE Sec. 9-241. Stormwater management. (a) Applicability of regulations and approval by city engineer. be made by the city engineer in favor of the city. Further guidance and technical requirements related to stormwater management facilities and design may be adopted by resolution of the city com- mission. (2) Stormwater management is required for all new development and significant redevelopment projects where either cumulatively results in any of the follow- ing: a. Any project in, on, or over wetlands or other surface waters; b. A total of more than four thousand (4,000) square feet of impervious or semi -impervious surface area subject to vehicular traffic; c. A total of more than nine thousand (9,000) square feet of impervious and semi -impervious surface area; d. A total project area of more than five (5) acres; e. A capability of impounding more than 40-acre-feet of water; f. Any dam having a height of more than ten (10) feet, as measured from the lowest elevation of the downstream toe to the dam crest; (1) Stormwater regulations, criteria and g �y project that is part of a larger design requirements of the Florida Depart- common plan of development or sale; ment of Transportation (FDOT), the St. Johns River Water Management District h. Any dry storage facility storing ten (SJRWMD), the department of (10) or more vessels that is function - environmental protection (DEP), among ally associated with a boat launch - others, as they may exist and be modified ing area; and from time to time, are to be the regula- i. Any modification or alteration of a tions, criteria, and design requirements project previously permitted under which the city shall utilize for review of F.S. Ch. 373, pt. IV. stormwater management facilities. All city stormwater requirements shall also (3) Notwithstanding the requirements of apply in addition to any federal and state subsection (2) above, the following activi- requirements. If there is a conflict between ties shall ti exempt from the standards regulations, criteria and design require- of this section: ments, the most stringent shall apply. In a. Construction, alteration, and the case of any dispute or question as to maintenance of single-family the meaning, interpretation or applica- residences and duplexes and their tion of any regulation, criteria or design associated accessory structures not requirement, the final interpretation shall part of a larger common plan of Supp. No. 33 591 WINTER SPRINGS CODE development or sale that do not • Critical duration matrix of storm involve any work in wetlands, events in accordance with subsec- floodplains, or other surface waters; tion (c) below. and (2) For projects located in a closed basin, the b. Maintenance, alteration, renewal, rate and volume of direct runoff for use or improvement to an existing proposed conditions must not exceed the stormwater management structure rate and volume of direct runoff for exist - not changing or affecting rate or ing conditions for each of the storm events volume of stormwater runoff or taus- summarized below. Compliance shall be ing a violation of state water quality based on a "storm for storm" approach. standards; and Proposed designs shall not cause an c. Maintenance, replacement, and increase in the existing flood stage, which repair work on bridges, driveways, can be accomplished by retention with and roadways as provided in Rule percolation or detention for a duration 62-330.051(4) F.A.C.; and that is sufficient to mitigate adverse imnactG nn Mod staffaa d. Installation, maintenance, repair, � " replacement, and removal of utili- • 25-Year, 96-Hour in accordance with ties as provided in Rule SJRWMD criteria. 62-330.051(14), F.A.C.; and Critical duration matrix of storm e. Construction, alteration, events in accordance with subsec- maintenance, removal, or abandon- tion (c) below. ment of recreational paths for (c) Design storms and rainfall. pedestrians, bicycles, and golf carts as provided in Rule 62-330.051(10), (1) Drainage facilities in open basins shall F.A.C. be analyzed for the following design storms using the Type II Florida Modified rainfall (4) The design concept for drainage systems distribution and the rainfall amounts in proposed new developments and shown below. significant redevelopments shall be approved by the city engineer except Storm Event Rainfall (inches) where otherwise exempt as provided in Mean Annual (24- 4.50 this section. All drainage systems shall Hour duration) have a positive outlet or overflow unless documented as being unnecessary by geo- 10-Year, 24-Hour 8060 0 hydrologic investigation based on the 25-Year, 24-Hour .260 applicable design storms. 100-Year, 24-Hour 11 (b) Protection from flooding. (1) For projects located in an open basin, the peak rate of discharge for proposed condi- tions shall not exceed the peak rate of runoff for existing conditions for each of the storm events summarized below. Compliance shall be based on a "storm for storm" approach. • Mean Annual (24-hour duration) in accordance with SJRWMD criteria. • 25-Year, 24-Hour. Supp. No. 33 592 (2) Drainage facilities in open basins shall also be analyzed for throlliitil e owng crca duration matrix of storm events using the FDQT rainfall distributions and the rainfall amounts shown below. Average Recurrence Interval (years) Dura.- tion 3-Year 5-Year 10-Yeat 25-Year 50-Year Z00- Year 1-Hour 2.26 2.55 2.89 3.33 3.65 3.95 2-Hour 2.84 3.21 3.64 4.21 4.62 5.01 4-Hour 3.26 3.69 4.23 4.96 5.53 6.08 8-Hour 3.71 4.22 4.89 5.86 6.65 7.49 24-Hou 4.62 5.27 6.23 7.76 9.11 10.60 LAND DEVELOPMENT Average Recurrence Interval (years) Dura- 100- tion 3-Year 5 Ye¢r 10-Year 25-Year 50-Year Year 72-Hou 5.99 6.90 8.22 10.30 12.10 14.10 (3) Drainage facilities in closed basins shall be analyzed for the following design storms using the St. Johns River Water Manage- ment District (SJRWMD) rainfall distribu- tion and the rainfall amounts shown below. Storm Event Mean Annual. (96- Hour duration) 0-Year, 96-Hour 25-Year, 96-1lour 100-Year, 96-Hour Rainfall (inches) 6.30 9.50 11.50 15.20 (4) Drainage facilities in closed basins shall also be analyzed for the following critical duration matrix of storm events using the FDOT rainfall distributions and the rainfall amounts shown below. Average Recurrence Interval (years) Dura; 100- tion 3-Year 5-Year 10-Year 25-Year 50-Year Year 168- 7.57 8.55 9.94 12.10 14.00 16.10 Hour 240- 8.58 9.60 11.00 13.20 15.10 17.10 Hour (5) The Type II Florida Modified (24-hour duration) and SJRWMD (96-hour dura- tion) rainfall distributions shall be cre- ated from the data provided within Part XIV of the SJRWMD Permit Information Manual. (6) Rainfall distributions for the eight (8) different storm event durations associ- ated with the critical duration matrix shall be created from the data provided within Appendix E of the FDOT Drain- age Manual. (d) Hydrologic methods. (1) The Natural Resources Conservation Service (NRCS) Unit Hydrograph Method shall be used to compute runoff rates and runoff volumes for all of the design storms. (2) Hydrograph peak rate factors shall be selected taking into consideration Supp. No. 30 watershed slope, watershed surface stor- age and existing drainage features. A hydro graph peak rate factor of 256 is recommended for undeveloped land uses anI a peak rate factor of 323 or 484 is recommended for developed land uses. In no case shall the hydrograph peak rate factor for proposed conditions be less than the hydrograph peak rate factor for existing conditions. (3) Time of concentration computations that include a component of sheet flow shall be limited to a maximum overland flow path of one hundred (100) feet. (e) Lot grading and other elevation require- ments. 592.1 (1) The drainage system for each subdivi- sion shall include a sufficient facility to remove stormwater without flooding any lot in the proposed subdivision or in the surrounding territory. (2) To facilitate proper stormwater surface runoff from residential lots, the minimum residential lot line slope that can be accepted is one and one -quarter percent (1.25%). This will only be allowed in areas that have good percolation of rainfall into the soils. In areas that do not have good percolation of rainfall into the soils, the minimum lot line slope that can be accepted is one and one-half percent (1.50%). The determination of good percolation of soils will be made by the city engineer based on a recent soils report by a professional engineer registered in the State of Florida with expertise in geotechnical engineering. (3) All residential floor elevations shall be elevated to a minimum of eighteen (18) inches above the applicable 100-year base flood elevation. (4) All nonresidential finished floor eleva- tion shall be elevated to a minimum of eighteen (18) inches above the applicable 100-year base flood elevation unless flood proofed in accordance with section 8-52(2) of the Flood Damage Prevention Code. WINTER SPRINGS CODE (5) One (1) foot of freeboard is required above the peak stage predicted for the 25-year, 24-hour storm event (8.64nches of rainfall), which may be reduced to six (6) inches if the peak stage predicted for the 100-year, 24-hour storm event is contained below the pond top of bank elevation. (f) Stormwater management systems. (1) General design criteria. Dry bottom ponds, wet bottom ponds, underdrains and exfil- tration systems shall be designed in accordance with criteria presented in the SJRWMD Permit Information Manual as mavbP mnrdifiod nnrd cnnnlpmpnfod Iiprin or as determined by the city engineer. (2) Dry bottom ponds. All dry bottom reten- tion and detention ponds shall have a pond bottom elevation no less than two (2) feet above the seasonal high ground water elevation, which is to be determined by a professional engineer registered in the State of Florida with an expertise in geotechnical engineering. The side slopes of all dry bottom retention and detention ponds shall not be steeper than three (3) horizontal to one (1) vertical. All dry bottom ponds with side slopes that are steeper than four (4) horizontal to one (1) vertical shall have a green vinyl chain - link fence installed with a minimum height of six (6) feet. All fences must meet the setback requirements in section 6-193, buildings and building regula- tions. (3) Wet bottom ponds. All wet bottom ponds must have side slopes no steeper than four (4) horizontal to one (1) vertical measured from the top of the berm down to at least three (3) feet below the normal water level, measured vertically. This is the side slope transition point. Side slopes may then transition, from the transition point, to no steeper than two (23 horizontal to one (1) vertical down to the pond bottom. Wet bottom pond side slopes steeper than these values are not allowed, Supp. No. 33 Mn if a fence is used, it must be of the same specifications as the fence for dry bottom ponds. (4) All ponds. All ponds shall have a minimum ten (10) foot wide stabilized berm capable of supporting a maintenance vehicle. There shall be a minimum ten (10) foot wide easement for each pond dedicated to the city and the homeowners' associa- tion (if planned). All fenced ponds must have a locked gate with minimum ten (10) foot wide opening. The seasonal high-water table shall be established by a professional engineer registered in the State of Florida with expertise in geotech- nien] P,np` nP.P.rinP' Tliprp mii4f by of 1paof two (2) soil borings per pond or other retention area, performed at appropriate locations within the limits of the pond or other retention area as shown in the final construction plans. (g) Stormwater modeling for ponds and culverts. (1) Taking credit for seepage and percolation during the storm event is not allowed. (2) For dry bottom ponds, the initial stage shall be set at the 36-hour recovery stage for the water quality volume or the pond bottom if water quality recovery is less than 36 hours. For wet bottom ponds, the initial stage shall be set at the 36-hour recovery elevation for the water quality volume or at the overflow weir elevation. (3) All ponds shall be designed taking into consideration the tailwater of the receiv- ing facility. Although tailwater condi- tions can be established using approved studies, reports and other best available information, any assumed relationships must be approved by the city engineer. If the receiving facility is an existing storm sewer, at a minimum, the hydraulic grade line (HGL) elevation can be assumed to coincide with the existing pipe crown at the proposed point -of -connection unless a detailed study of the existing system indicates otherwise. LAND DEVELOPMENT (4) Stormwater modeling results shall be summarized using the city's table templates that are available in various electronic formats. (h) Stormwater• modeling for drainage inlets and storm sewers. (1) Pipe sizing, HGL computations and roadway spread of water calculations shall be submitted for the pavement drainage systems. The HGL computa- tions shall be summarized on a FDOT Storm Drain Tabulation Form or a reason- ably similar representation provided as output from a computer program. § 9-241 Pipe Size Maximum Spacing 154nches 200 feet 18-inches 300 feet 24- to 364nches 400 feet 424nches and Larger 500 feet (6) All storm sewer systems shall be designed taking into consideration the tailwater of tire receiving facility. In the case where a stormwater pond is the receiving facility, the design tailwater can be assumed to be the 10-year frequency water level corresponding to the time at which peak inflow occurs from the storm sewer into the pond. (2) Peak rates of runoff shall be computed (7) HGL computations shall include energy using the Rational Method. Rainfall losses associated with entrance and exit intensities shall be dictated by the from the system, friction losses through computed time of concentrations and the pipes and structure losses associated based on Intensity -Frequency -Duration with individual drainage inlets and junc- Curvesfor Zone 7 as contained within tion manholes. Chapter 3 of the FDOT Drainage Manual. (8) Drainage inlets for subdivisions and other A composite runoff coefficient shall be residential projects shall be located at all computed for each drainage sub -basin roadway low points and along continuous based on runoff coefficients of 0.95 for grades to prevent the spread of water impervious area and 0.20 for pervious from exceeding one-half the traveled lane area. width. Drainage inlets located at low (3) Pipe sizing shall convey the 10-year points (sumps) shall be designed to frequency storm event with the computed intercept one hundred percent (100%) of HGL at least six (6) inches below the the contributing flow without exceeding pavement elevation. The minimum pipe the allowable spread of water into the size to be used in designing storm sewers traveled lane width. Flanking inlets shall is 15-inches (round barrel) or 124nches x be provided if needed to meet this criteria 184nches (elliptical barrel). or if so directed by the city engineer. (4) All storm sewer systems must be designed (9) Drainage inlets and spread of water for to produce a minimum velocity of 2.5 feet collector and arterial roadways shall be per second (fps) when flowing full. No based on the criteria presented in Chapter storm sewer system or portion thereof 3 of the FDOT Drainage Manual. shall be designed to produce velocities in excess of ten (10) fps, inclusive of all pipe (i) Floodplain management. material types. Erosion protection and energy dissipation shall be provided com- (1) The city encourages the preservation of mensurate with the estimated outlet veloc- existing swamp areas, ponds (including ity. intermittent ponds), wetlands and wet areas, and bayheads for water storage (5) The maximum spacing for access and conservation purposes. Existing flood structures of any type is summarized storage quantities shall not be reduced below. by development, and floodplain manage- Supp. No. 33 592.3 WINTER SPRINGS CODE ment shall include provisions for compensating storage as provided in sec- tion 8409 of the City Code. (j) Phased development. (1) Each phase of a development shall be capable of standing on its own if subsequent areas planned for develop- ment are not developed. (k) Use of best management practices and low impact development technologies. (1) For new development or significant redevelopment, those stormwater manage- ment systems that eventually discharge into the city's MS4 (municipal separate storm sewer systems) should mitigate any increase in pollutant loads to the maximum extent practicable. To meet this requirement, the city encourages the use of best manngernent przcticcs such as stormwater reuse and nutrient separat- ing baffle boxes, as well as low impact development technologies, including but not limited to: replacement of traditional paving materials with porous concrete or pervious pavement; grass swales; bio- retention basins or rain gardens, green roofs or rain barrels/cisterns; and other comparable methods. (2) For new development or significant redevelopment abutting natural surface waterbodies, the developer shall imple- ment a minimum of one (1) low impact development technology strategy as described in subsection (1). (Code 1974, § 14-122; Ord. No. 444, § 1(10)— (12), 1-9-89; Ord, No. 2001-04, § 1, 1-22-01; Ord, No. 2021-05, § 3, 8-9-21; Ord. No. 2023-07, §§ 3, 4, 12-11-23) Sec. 9-242. Drainage facilities. (a) Roadside swales within street rights -of - way shall have side slopes and back slopes no steeper than four (4) to one (1). Normal swale sections shall be a minimum of six (6) inches deep with a maximum depth of twelve (12) inches below the outside edge of the street pavement. Runoff may be accumulated and car- Supp. No. 33 592.4 ried in the swales in the rights -of --way up to but not above the point where flooding of the shoulders or roadside property would occur. Water in excess of this quantity shall be diverted fi•om the roadside swales and carried away by storm sewers or other approved means. Where flow velocities in excess of two (2) feet per second are anticipated, curb and gutter shall be provided, unless excepted by the city engineer. (b) Open channels and outfall ditches where allowed shall be designed so as to provide an eighteen -inch clearance between the design water surface and bank top and shall be designed for flow velocities not to exceed two (2) feet per second. Where higher velocities are anticipated, n'fhPr ar�nrvito�� r�rm.�vn,�� n4n.,1-; ..4 scour shall be provided. The construction of any artificial canals, ditches, channels or the construc- tion of major storm sewer systems which will rapidly convey runoff to any receiving waters or substantially reduce the level of the groundwater table, is expressly prohibited except on authority of the city engineer. (c) Street subdrains or underdrains may be required where no and water conditions war- rant. All underdrain trenches shall be back - filled to the surface with clean, permeable, free draining sand in accordance with MOT 902-4. Underdrains shall have knitted polyester filter material surrounding the drain. Exposed underd- rain outlets and clean -outs shall be concrete with animal guards. (d) Underground drainage systems shall include one (1) or more of the following which shall meet the specifications of the city engineer as to composition and size: (1) Reinforced concrete pipe. (2) Asphalt -coated corrugated metal pipe. (3) Approved equal materials including aluminum. (4) Reinforced concrete box culverts. (5) Drainage inlets, headwalls, manholes and appurtenant facilities. (Code 1974, § 14-123; Ord, No. 444, § 1(13), (14), 1-9-89) LAND DEVELOPMENT Secs. 9-243-9-260. Reserved. DIVISION 5. UTILITIES* Sec. 9-261. Requirements for water and sewer systems. (a) Where the approved final engineering for a subdivision, wherein the rights -of --way are dedicated to the public, requires the installation of awater and/or sewer trunk line system, the plat for the subdivision will not be recorded unless and except when the trunk line systems are installed or the installation of the system is ensured by means of a performance bond. (b) In no event shall the city be required to pay the cost of the installation of the water and sewer trunk line system. (c) New water and sewer systems where required shall be designed and constructed for an economic life of not less than twenty (20) years and in accordance with the regulations of Florida Department of Environmental Regula- tion, Ten States Standards, American Water Works Association, and in conformance with good engineering practice. As a minimum standard, the water distribution system shall be capable of delivering, in addition to domestic requirements of residual pressures of not less than twenty (20) pounds per square inch, fire flows of at least five hundred (500) gallons per minute in single-family residential subdivisions and one thousand two hundred fifty (1,250) gallons per minute in commercial, institutional or industrial areas at each user point of delivery adjacent to the distribution system. Criteria for fire flow requirements for multifamily projects will be determined by the fire chief of the city. Fire hydrants shall be spaced no greater than seven hundred fifty (750) feet apart in residential areas and three hundred fifty (350) feet apart in commercial or industrial areas, and shall be connected and approved to mains no less than six (6) inches in diameter. Plans for fire hydrants shall be approved by the fire chief of the city. The fire hydrants shall be installed by the developer at no cost to the city. Sufficient storage and/or Cross reference —Utilities, Ch. 19. Supp. No. 33 emergency pumping facilities shall be provided to such an extent that the minimum fire flows wilI be maintained for at least four (4) hours. The requirement for fire hydrants may be waived temporarily by city council upon recommenda- tion of the fire chief in areas where adequate mains are not available, but in such case, the builder must place in escrow an amount equal to the cost of such hydrants plus an additional twenty-five (25) percent to provide for their connection as soon as adequate mains become available, and such funds may be used for no other purpose. In any case, the distribution system shall comply with the above require- ments. A lateral separation of at least ten (10) feet shall be maintained between water and sanitary sewer lines. Where the minimum separa- tion cannot be maintained, the crossing shall be arranged so that the sewer pipe joints are equi- distance from the point of crossing with no less than ten (10) feet between any two (2) joints. In addition, the sewer main is to be placed in a ductile iron pipe sleeve or encased in concrete. Minimum cover over all pipe shall be thirty-six (36) inches to finish grade, except minimum cover over two-inch or one and one-half inch water service piping may be reduced to twenty (20) inches at sewer crossings in order to achieve the eighteen -inch vertical clearance. All water mains, located within a cul-de-sac are to be looped. (d) Where lakes or ponds are considered an integral part of the firefighting system, access to such water bodies will be provided for firefight- ing equipment, and such access is to be designated for that purpose. (e) Entry gates or other restrictive entry devices to any area shall be designed in such a manner as to break away upon impact without damaging firefighting equipment. (f) The water system for any development will be subject to the review of the fire chief prior to staff review, and approval thereof is a require- ment of approval of final plans. (Code 1974, § 14-124; Ord. No. 444, § 1(15), 1-9-89) Secs. 9-262-9-275. Reserved. 592.5 § 9-276 WINTER SPRINGS CODE DIVISION 6. OFF-STREET PARKING AND particularly described as follows shall be LOADING' exempted from furnishing parking spaces as required herein. Sec. 9-276. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Off-street parking space. Whenever the term "parking space" is herein referred to, it shall be either garage or off-street standing storage space, for the parking of passenger vehicles, having an area of not less than two hundred (200) square feet for each automobile intended to be parked thereon with necessary and adequate space for Elio nnm�narlh i'iirriinn n"A .,` ,i+ .,+' , a public street or alley._ Off-street parking and unloading space. An open, hard -surfaced area other than a street or alley or a public way, 11, principal use of which is standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys. Such space shall not be less than twelve (12) feet in width, fifty-five (55) feet in length and fourteen (14) feet in height, exclusive of access aisles and maneuvering space. Parking lot. A parking lot shall mean any land used, provided or permitted to be used for the parking of automobiles. (Ord. No. 44, § 4431, 1-8-68) Sec. 9-277. Off-street parking require- ments. There shall be provided at the time of the erection of any principal building or structure, and at the time any principal building or structure is enlarged or increased in capacity by the addition of dwelling units, guestrooms, floor area or seats, minimum off-street automobile parking space with adequate provisions for ingress and egress by an automobile of standard size, in accordance with the following requirements: (1) Central business district. The area known as the central business district and more *Cross references —Motor vehicles and traffic, Ch. 12; zoning, Ch. 20. Supp. No. 33 592.6 (2) One family dwellings. Two (2) parking spaces per family dwelling unit, at least one (1) of which shall be located back of the building line, except in the R-1AA one -family dwelling zone, both of which such spaces shall be located back of the building line. (3) Two-family and multiple dwellings. One (1) parking space per dwelling unit, such space to be located back of the building line. (4) Hotels. One (1) parking space for each three (3) guests or sleeping rooms or suites, plus one (1) additional parking space to be located for each five (5) employees. (5) Tourist homes, cabins and motels. One (1) parking space for each guest or sleep- ing room or suite, plus one (1) additional space to be located for each five (5) employees. (6) Trailer courts or camps. One (1) parking space for each trailer space. (7) Lodging houses, rooming and boarding houses. One (1) parking space for each two (2) guestrooms, plus one (1) additional space for owner or manager if resident on the premises. (8) Fraternal organizations, lodges or private clubs. One (1) parking space for each five (5) active members, resident in the county plus one (1) additional space for each two (2) employees. (9) Hospitals. One (1) parking space for each four (4) patient beds (exclusive of bas- sinets) plus one (1) parking space for each staff or visiting doctor (based on the average number), plus one (1) parking space for each four (4) employees, includ- ing nurses. (10) Sanitariums or convalescent homes. One (1) parking space for each six (6) patient beds, plus one (1) parking space for each LAND DEVELOPMENT § 9-2 i I staff or visiting doctor (based on average (16) Bowling alleys. Four (4) parking spaces number), plus one (1) parking space for for each alley, plus one (1) additional each four (4) employees, including nurses. parking space for each two (2) employees. (11) Medical or dental clinics. Three (3) park- (17) Convention halls, amusement parks, race ing spaces for doctors, plus one (1) tracks, skating rinks, and similar uses. additional parking space for every two Spaces equal in number to seventy-five (2) employees. (75) percent of the number of employees, plus such additional space for patrons (12) Mortuaries or funeral parlors. Space for and visitors as shall be found by the all official vehicles, plus one (1) additional planning and zoning board to be neces- space for each family resident on the sary, in view of the type of use, its premises, plus three (3) parking spaces location and other governing factors of for each four (4) employees (other than parking generation. those residents of the premises), plus (18) Auditoriums and theaters. One (1) park - such additional space for funeral visitors ing space for each ten (10) seats plus as shall be determined by the planning and zoning board to be necessary, consider- additional parking spaces equal to seventy- ing factors such as number of funerals five (75) percent of the number that can be handled at the same time, of employees. the size of the facilities, the economic (19) Gymnasiums (operated by high schools, characteristics of the group catered to, et public recreation departments, commercial cetera. and nonprofit organizations). One (1) (13) Welfare institutions (asylums, orphan- parking space for each six (6) seats, plus ages, et cetera). One (1) parking space for additional parking spaces equal in number to seventy-five (75) percent of the number each doctor (staff or visiting) associated of employees; provided, however, that the with the institution, plus additional park- requirements for off-street parking spaces ing spaces equal to seventy-five (75) with respect to gymnasiums shall not be percent of the number of employees, plus applicable if the gymnasium is located on such additional space for business and a high school campus and the school has social visitors as shall be determined by met the requirements for off-street park - the planning and zoning board to be ing space for the school auditorium located necessary in light of the needs of the on the same high school campus. particular institution. (20) Stadiums. One (1) parking space for each (14) Community centers, libraries, museums, six (6) seats, plus additional parking post offices, et cetera. Spaces equal in spaces equal in number to seventy-five number to seventy-five (75) percent of (75) percent of the number of employees. the number of employees, plus additional parking spaces for visitors as shall be (21) Churches. One (1) parking space for each found by the planning and zoning board eight (8) seats, plus one (1) additional to be necessary in the light of the parking space for each church official particular needs and circumstances of resident on the premises, plus additional the institution, parking spaces equal in number to fifty (50) percent of the number of permanent (15) Dance halls. One (1) parking space for employees. each thirty-six (36) square feet of dance floor area, plus additional parking spaces (22) Schools (elementary, junior high). One (1) equal in number to seventy-five (75) parking space for every one thousand percent of the number of employees. (1,000) square feet of floor space plus Supp. No. 33 592.7 WINTER SPRINGS CODE sufficient off-street parking space for safe and convenient loading and unloading of students. (23) Schools (vocational and colleges). Two (2) parking spaces for every one thousand (1,000) square feet of floor area, plus sufficient off-street parking spaces for safe and convenient loading and unload- ing of students, plus one (1) parking space for each ten (10) seats in the school or college auditorium; provided, however, if the school or college campus has a gymnasium and has provided off-street parking spaces for the gymnasium, such spaces may be credited toward meeting the requirements for off-street parkin for the auditorium located on the same campus. (24) Office, professional and public buildings. One (1) parking space fo eacli four hundred (400) square feet of floor space in the building, excluding hallways, stairwells, elevator shafts and storage space. (25) Airports, railroad passenger stations, bus depots or other passenger terminals and facilities. Such space as the planning and zoning board shall find to be necessary for employees, for loading and unloading of passengers and for spectators, visitors and others. (26) Restaurants, nightclubs, tearooms or lunch counters. One (1) parking space for each one hundred (100) square feet of floor space for patron use in the building. (27) General business and retail commercial. One (1) parking space for each three hundred (300) square feet of floor space in the building exclusive of storage space. (28) Industrial or manufacturing establish- ments. One (1) parking space for each four (4) employees (based on maximum number employed at any one (1) time), plus such additional space as is required for all vehicles used directly in the conduct of the enterprise. Supp. No. 33 592.8 (29) Lumberyards and appliance stores, household equipment and furniture repairshops. One (1) parking space for each six hundred (600) square feet of floor space in the building, exclusive of storage and shopping area. (30) Dance studios and dance schools. One (1) parking space for each three hundred (300) square feet of floor space used for instruction. (Ord. No. 44, § 44.72, 1-8-68) Sec. 9-278. General provisions for off- street parking. The off-street parking, loading and unloading rnrY�r.m.r/-o .1-.•.11 ..ITT 4-.. .,I , 1 41 7; structures, or any existing buildings that may be substantially altered and added to after the effective date of this section, except as otherwise provided in the sections of this Code. (1) Change in intensity of use. Whenever a building or structure erected prior to or after the effective date of this section shall undergo any increase in number of dwelling units, gross floor space, seating capacity, number of employees, or other unit measure specified hereinafter for required parking or loading facilities and further, when the increase would result in a requirement for additional parking or loading and unloading facilities through application thereto of the off-street park- ing regulations of the sections of this Code, such additional facilities shall be provided accordingly, except that no build- ing or structure erected prior to the effective date of this section shall be required to provide parking or loading facilities unless the aforesaid additional required facilities amount to an increase of at least twenty-five (25) percent, in which case, parking or loading spaces shall be provided on the basis of the additional units of measurements of the new use or of the altered or expanded use. When a building or structure shall undergo any decrease in number of dwell- ing units, gross floor space, seating capac- ity, or other unit of measurement specified LAND DEVELOPMENT § 9-278 hereinafter for required parking or load- for a new, enlarged or altered structure ing facilities, and further, when the or improvement or use shall be approved decrease would result in a requirement unless accompanied by a plot plan drawn for fewer total parking spaces or loading to scale, showing the required off-street spaces through application thereto to the automobile parking facilities as specified off-street parking regulations and off- herein; nor shall a permit be issued for street loading and unloading regulations the improvement of a parking area to of the sections of this Code, parking and serve as an accessory use to an existing loading facilities may be reduced accord- building or buildings until a plat plan ingly, provided that existing parking and drawn to scale has been submitted in accordance with the provisions contained loading facilities shall be so decreased herein. only when facilities remaining would at least equal or exceed the parking or (6) Certificate of occupancy or use permitso loading and unloading requirements No certificate of occupancy or use permits resulting from application of the sections will be issued upon completion of any of this Code, to the entire building or building or addition which would require structure as modified. an increase in parking space or off-street (2) Minimum distance and setbacks. The loading and unloading space, unless and parking space, if on the same lot with a until all off-street parking and loading main building, shall not be located within space requirements, shown upon the the front yard required by the sections of plans, are made a part of the building this Code for such building. If not on the permit, shall be in place and determined same lot with the principal building, the by the building official to be ready for parking lot shall not be closer to any use. street line than the established building (7) Reserved. line on adjacent properties, or less than the setback required for the district in (8) Loading space. As required under off - which the parking area is located. Further, street loading and unloading regula- any wall, fence of hedge developed along tions, the space supplied for such off - the street side of the parking lot shall street loading and unloading purposes observe the building setback require- shall not be construed as supplying ments applicable on such street or streetse required off-street parking space. (3) Screening and landscaping. All parking (9) Location and surface materials of park - lots shall be effectively screened on each ing spaces. Parking spaces provided pursu- side which adjoins or fronts property ant to this section must be hard -surfaced, situated in any residential or multiple which shall consist of asphalt, concrete, dwelling district by a wall, fence or densely or pervious pavement or paver systems, planted, compact hedge. Such wall, fence and properly drained and shall be located or hedge shall be not less than three (3) on the same property as the principal o the exceptions feet nor more than four (4) feet in height building, subject t and shall be maintained in good con& provided herein. In determining tion. automobile parking spaces, if not shown by actual plan and count, three hundred (4) Lighting. Any lighting used to illuminate (300) square feet of gross area per park - any off-street parking lot shall be so i arranged as to reflect the light away ng space will be used in computing the number of spaces. When units of measure - from adjoining properties. ments determining the number of required parking off-street parking and off-street loading (5) Plot plan showing location of p g spaces result in a requirement of a area. No application for a building permit p Supp. No. 33 592.9 § 9-278 WINTER SPRINGS CODE fractional space, any fraction up to and over one-half shall require one (1) off- consistent with this section for as long as the parking shall be street parking space or one (1) off-street loading space. required. The form of the covenant or agreement shall a. Exception for off -site parking; Use be subject to review and of another building's required off- approval by the city attorney. street parking for commercial and b. Exception for off -site parking; Stand- industrially zoned buildings. No part alone parking lots with no principal of an off-street parking lot structure. A stand-alone, off -site constructed on the same property as and utilized by an existing Parking lot with no principal structure on the property may be structure or building to satisfy the minimum parking requirements of constructed where permitted in the this section may be used as an underlying zoning district, provided off -site parking lot for another com- that the property boundary upon mercial or industrially zoned which the off -site parking lot will be property, unless the following condi- located is within three hundred (300) - - +no+ f +1. U:01i0 ale mec: - �- ���� f,Lupu1 uy uoundary upon which the uilding or 1. The periods of usage of such structure utilizing he off site, stand - buildings or structures will not alone parking lot is situated. Such substantially overlap to create distance shall he meas,lred fro,,, dciiciencies in parking capac- the nearest boundary of the parking ity on the off-street parking lot property to the nearest bound - lot, such determination to be ary of the property on which the made by the planning and principal building or structure is zoning board, or the size of the located. Stand-alone, off -site park - off -street parking lot is suf- ing lots permitted under this excep- ficient to accommodate the tion are subject to the following required parking spaces for additional conditions: both buildings or structures; and 1. Stand-alone parking lots which 2. The boundary of the pro ert will be used for regular busi- p y ness use (continuous, daily use), on which the off-street parking must be hard -surfaced or grav- lot is located shall be not more than three hundred (300) feet eled with stone that is no smaller than a #57 stone in from the boundary of the size. To the extent #57 stone is property desiring to utilize such used, the surface shall be parking lot as off -site parking; stabilized b and y turfblocks (concrete or plastic) or 3• When off=site parking is allowed proprietary cellular or modular pursuant to this subsection and porous paving systems installed required to satisfy minimum in accordance with manufactur- parking standards under this ers' specifications and all Code, the owner shall submit driveway aprons shall be to the city clerk a restrictive concrete, covenant or parking agree- 2. Stand-alone parking lots which ment in recordable form, reserv- will be used on an intermittent ing the parking lot for off -site basis (occasional, non -daily use use by another property such as parking lots for places Supp. No. 33 592.10 LAND DEVELOPMENT § V-Z to of worship or sporting arenas), this subsection shall supersede may be hard -surfaced, grav- streetscape requirements eled with stone that is no otherwise required by the City smaller than a #57 stone in Code but, in all cases, a densely size, or sodded. To the extent planted hedge shall be #57 stone is used, the surface incorporated into such streets - shall be stabilized by turf- cape. blocks (concrete or plastic) or 9. Where the stand-alone park - proprietary cellular or modular ing lot is constructed of asphalt, porous paving systems installed concrete, or another hardened in accordance with manufactur- surface, landscaped strips of at ers' specifications. All driveway least six (6) feet in width shall aprons shall be concrete. be provided between parking 3. All parking spaces required to aisles of either head -in or be accessible for the principal diagonal parking. In lieu of building shall be provided on landscape strips, landscape the property containing the islands may be provided. A principal building or structure minimum of one (1) tree shall in sufficient number as required be planted in each landscape by state law for such principal island or one (1) tree every building or structure and may fifty (50) lineal feet. not be located in the off -site, 10. Stand-alone parking lots shall stand-alone parking lot. not be used for paid short-term 4. Stand-alone parking lots must or long-term parking of vehicles have proper drainage in unless otherwise permitted by accordance with City Code. the underlying zoning district. 11. When a stand-alone, off -site 5. All stand-alone parking lots parking lot with no principal shall be illuminated with such structure is utilized to satisfy lighting arranged so as to minimum parking standards reflect the light away from under this Code for another adjoining properties. building or structure, both 6. No advertising signs may be properties shall be required to erected on the property contain- be under common ownership. ing the stand-alone parking lot. Further, through a develop- 7. The setback from the front ment agreement and restric- property line for the stand- tive covenant, the owner shall alone parking lot shall be the restrict the off -site parking lot same as for the district in which property solely for off-street such parking lot is located. parking use for the applicable building for as long as the 8. All stand-alone parking lots parking shall be required, shall be effectively screened on which may be enforced by the each side, including the front- city by any lawful means, age, by a wall or fence and a including but not limited to, densely planted hedge. Such bringing charges before the wall, fence, and hedge shall be City's Code enforcement board no less than five (5) feet in or special magistrate and seek - height and shall be maintained ing injunctive and equitable in good condition. Nothing in relief. Supp. No. 33 592.11 WINTER SPRINGS CODE (10) Collective action relative to off-street park- authorized such city commission may ing and loading. Nothing in the sections impose conditions and limitations in of this Code shall be construed to prevent respect to the proposed use and develop - the joint use of off-street parking or ment of the premises as in its judgment off-street loading space for two (2) or are necessary in order to provide more buildings or uses if the total of such adequately for the public safety and to do spaces, when used together, shall not be substantial justice to the parties involved, less than the sum of the requirements for having in mind the public interest, safety the various individual uses computed and welfare in connection therewith; separately in accordance with the off- provided, however, that nothing herein street parking regulations and off-street shall be construed to limit or curtail the loading and unloading regulations of the existing authorities and powers of the sections of this Code. city commission, and this provision shall (11) Mixed uses. In the case of mixed uses, the be deemed cumulative, and in addition to such existing powers and authorities. total requirements of off-street parking and loadinv mace shall he 4he Gum of the (15) Accessory parkin' in residential areas. A requirements of the various uses computed lot or lots separated by a common bound - separately as specified in the off-street ary from a commercial district but located parking regulations and off-street load- in a 11-1A or R-IAA single-family dwell- ing and unloading regulations of the ing district may be used as a free parking sections of this Code, and the off-street lot or lots to service the contiguous and parking and off-street loading and unload- adjoining commercial use or uses, ing space for one (1) use shall not be provided, however, that: construed as providing the required off- a. No advertising signs are erected in street parking or off-street loading space the area. for any other use. b. The setback from the front property (12) Reserved. line shall be the same as for the (13) Reserved. district in which the lot or lots are located. (14) Powers of variance of city commission. c. All automobile parking lots shall be The city commission is hereby authorized effectively screened on each side and empowered after a proper hearing which adjoins or fronts property thereon with due notice to the interested situated in any residential or single - parties, to permit a variation or modifica- family dwelling district by a wall, tion in the required location of off-street fence or densely planted compact parking space, if after investigation by hedge. Such wall, densely planted such board it is found that such variation hedge or fence shall not be less than is necessary to prevent unreasonable hard- four (4) feet in height and shall be ship or to secure an appropriate develop- maintained in good condition. ment of a specified parcel of land which d. No structures shall be erected in has peculiar or exceptional geographical or topographical conditions, or is a size, such areas. shape, dimension, or location that it (16) Common boundary construed. For the cannot be reasonably developed in purpose of (15) above, the term common accordance with the provisions of sec- boundary shall be deemed to include all tions of this Code, as herein authorized or any part of a line between a com- will not be inconsistent with the spirit mercial district and an R-1, R4A or and purpose of this section. In granting R-1AA single-family dwelling district, or any variations or modifications as herein the separation of a commercial district Supp. No. 33 592.12 LAND DEVELOPMENT § 9-281 from an R-1, R-la, and R-1AA single- Sec. 9-281. Minimum screening require - family dwelling district by an interven- ments. ing public street, alley or other way where the parcels in question lie wholly All dumpsters shall be screened on all four (4) or partly in a position directly opposite sides from public view and situated under the from each other in such a manner that in following minimum screening, design, and loca- the absence of the public street, alley or tional requirements: way, the parcels would have a common (1) Both sides and the rear of the dumpster boundary line in whole or in part. shall be screened by an opaque wall (Ord. No. 44, § 44.73, 1-8-68; Ord. No. 2003-36, § 10-13-03; Ord. No. 2010-09, § 2, 4-26-10; Ord. made of concrete, brick, stone, or other No. 2025-10, § 2, 5-12-25) similar durable material, provided the material used is compatible with the Sec. 9-279. Off-street parking of corn- architectural design of the principal mercial vehicles. structure. The wall shall be at least six (6) feet in height or the height of the Except for the temporary parking of vehicles dumpster, whichever is greater. The wall conducting business on the premises or engaged shall be designed to permit adequate and in the loading or delivering of materials, no reasonable truck pick-up by the solid overnight parking of tractor trailers, cube vans, waste hauler. semitrailers and/or cabs shall be permitted on any off-street parking facility within the city. (2) The front of the dumpster shall be Vehicles owned or operated by the business screened by an opaque gate which shall located on the licensed premises may be parked remain closed at all times, except for overnight provided that they are parked behind trash disposal and pick-up. the business or, if sufficient rear lot space is not available, in the least visible space from any (3) Dumpsters shall be placed in an area right -of --way and abutting property. A special that is least visible from the public right - events permit maybe obtained for a period not to of -way and shall be situated so as to exceed fourteen (14) days for the temporary provide for adequate and reasonable truck parking of a trailer, semitrailer, and/or their cabs pick-up by the solid waste hauler. for special occasions. After ninety (90) days, this (4) Dumpsters shall be placed on a concrete permit may be renewed once during a twelve- pad or other impervious surface deemed month period. suitable by the city. (Ord. No. 721, § 1, 6-28-99) (5) Restaurants or other commercial busi- DIVISION 7. DUMPSTERS. nesses that discard significant amounts of food or other materials that decay, Sec. 9-280. Definitions. produce offensive odors or liquids, and/or attract infectious diseases shall be As used in this division the word 'dumpster" required to equip the dumpster site with shall mean any container which is used for the a sewer drain and water. The sewer collection and disposal of bulk trash, refuse, drain and water source shall be subject vegetative waste, recyclable materials or other to approval by the city. These dumpster kinds of waste, and which may be of the open or sites shall be cleaned with water and enclosed variety, and is typically hoisted onto or appropriate cleaning products frequently mechanically emptied into a specifically equipped and as often as necessary to keep the truck for transporting said waste to a designated dumpster in a sanitary condition. facility. Dumpsters are typically used for multi- family, commercial, and industrial land uses. (6) Landscaping around the dumpster may (Ord. No. 2002-13, § 1, 5-13-02) be required if deemed necessary by the Supp. No. 33 592.13 WINTER SPRINGS CODI+; city in order to make the dumpster compatible with the surrounding neighbor- hood and the site development. (7) All new dumpsters shall comply with the minimum requirements set forth herein upon the effective date of this division. The city commission may, by resolution, approve a standard set of engineering plans for an enclosed dumpster. Said plans may be used by the public to satisfy the requirements of this section. All dumpsters existing on the effective date of this division shall comply with the minimum requirements set forth herein by March 1, 2004, except that any such existing dumpster shall be grandfa- thered from the six-foot height require- ment set forth in section 9-281(1) and applicable zoning setback requirements, provided the dumpster fully complies with all othei piovisioiis of this secuoli. In addition, existing dumpsters may be screened by an opaque vinyl screen, provided the material is deemed durable and of high quality by the city in terms of design and in accordance with current building code standards. (8) Dumpsters located within an enclosed building are exempt from this section. (Ord. No. 2002-13, § 1, 5-13-02; 2003-26, § 2, 8-11-03; Ord. No. 2003-39, § 2, 11-10-03; Ord. No. 200340, § 2, 1-26-04) Secs. 9-282-9-295. Reserved, ARTICLE V. DESIGN STANDARDS Sec. 9-296. Typical street sections. The following drawings illustrate typical cross sections of streets constructed under the provi- sions of this chapter: Supp. No. 33 592.14 w 0 O h w x a '17 MM u LAND DEVELOPMENT r a 0 u O a K .-1 a .. x In Cross Sections of Streets Illustration Supp. No. 33 592.15 § 9-296 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK) Supp. No. 33 592.16 LAND DEVELOPMENT § 9-301 Sec. 9-301. Alternate curb sections. The following drawings illustrate the construction of alternate curb sections under the provisions of this chapter: STANDARD CURB & GUTTER r_ 3/4" - 3/4"R v r ti M 97" 16" MOUNTABLE ISLAND CURB (Code 1974, § 14-126(f)) 24xAMI CURB & GUTTRR x v . RXBBON CURB alternate curb sections Supp. No. 33 603 WINTER SPRINGS CODE Secs. 9-302-9-325. Reserved. ARTICLE VI. EXCAVATION AND GRADING* Sec. 9-326. Definitions. The following definitions shall be applicable to this chapter: 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, 09T, SOLI, 11047solar] Tnrite,5.1Z1^ or other soil materials. It shall not include the procedure involved in cleaning and maintaining holding and retention ponds in accordance with a manage- ment 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. (Ord. No. 2025-01, § 3, 1-27-25) Sec. 9-327. Excavations and grading prohibited; exceptions. Excavations and grading are strictly prohibited within the city unless approved by the city in *Editor's note —Ord. No. 2019-09, § 2, adopted June 10, 2019, repealed Art. VI, §§ 9-341-9-349; and Ord. No. 2025-01, § 3, adopted Jan. 27, 2025, enacted a new Art. VI as set out herein. The former Art. VI pertained to site plan review and derived from Ord. No. 215, § 2, adopted May 13, 19800 Supp. No. 33 604 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 engineer- ing plan approved by the city commis- sion, 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 liUii 1.icCll 0.1.II/1V V CU. (d) For construction of subdivisions comply- ing 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 an 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 noncontigu- ous 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, LAND DEVELOPMENT (j) Private lakes for recreational or aesthetic (f) A detailed statement and plan for the purposes only, on residentially zoned lots proposed reclamation and future use of which are greater than one (1) acre in the real property at the conclusion of the size, if the excavation is less than one excavation operation, including landscap- thousand (1,000) cubic yards. ing and tree replacements if not otherwise (k) Exploratory excavations performed under provided in a tree removal permit applica- tion. the direction of a registered engineer or design professional. (g) A detailed statement indicating the (Ord. No. 2025-01, § 3, 1-27-25) nature, purpose and method of the proposed excavation including stockpile Sec. 9-328. Permits required. locations, pump locations and the proposed Prior to any person or entity excavating or method of treatment of the flow leaving grading pursuant to this article, said person or the site. entity shall first obtain an excavation permit (h) An acknowledged written consent of the issued by the building official and obtain approval owner of the real property and mortgagee, of the community development director if the if any, including their respective addresses. excavation is part of a subdivision, site and final engineering plan, planned unit development or (i) Proposed and precise vehicular routes similar development plan. No excavation permit indicating the streets and roadways over shall be approved unless for the purpose of which all vehicles utilized to remove and performing one (1) of the development activities transport the materials removed from listed in section 9-327. Such excavation permit any excavation shall travel, together with shall remain in effect for a period of one (1) year. a statement from the city engineer that Applications for an excavation permit shall be such streets and roadways are capable of submitted in duplicate to the building official, accommodating such vehicles. A state - together with the application fee as established ment granting permission to use such by the city commission from time to time, and roads from the appropriate county, city, shall contain the following information in ad& and state officials shall also be included. tion to any additional information requested by the building official: (j) An affidavit from a person authorized to act on behalf of the applicant stating (a) The name and address of the person seeking the permit, which shall be a both a familiarity with all federal and state statutes, rules and regulations licensed contractor unless otherwise applicable to the project and that the exempt by Florida law; if a corporation, applicant has fully complied with them. all principals, partners or officers. (b) A legal description of the real property. (k) Copies of all other applicable permits for the proposed excavation. (c) A map showing the exact location and boundaries of the tract of land in ques- (1) A written plan to control dust when tion, to include the location and type of excavation occurs within two hundred trees existing thereon. (200) feet of an occupied residential (d) Drawings to scale by a registered, profes- structure or water body. sional engineer showing the dimensions of the proposed excavation to be (in) A written schedule indicating the length of time the excavation area is to be under undertaken. construction and when restoration is to (e) A topographical survey of the real property be completed. The maximum construc- including the location of water courses or tion time shall be limited to one (1) year, water bodies. with a six (6) month extension granted if Supp. No. 33 605 WINTER SPRINGS CODE 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 chanter 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. (Ord. No. 2025-01, § 3) 1-27-25) Secs. 9-329-9-369. Reserved. ARTICLE VII. UNIFORM BUILDING NUMBERING SYSTEM* Sec. 9-370. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory building shall mean a building which is clearly incidental or subordinate to and customarily utilized adjacent to and in connec- tion with a principal building located on the same lot. Building front or facade shall mean that area or facade of a building which has visible numbers from a public or private street or way because it faces the public or private street or way pursu- ant to which the building is numbered. When a *Cross references —Administration, Ch. 2; building and building regulations, Ch. 6; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20. Supp. No. 33 606 building is constructed on a corner lot, the building front or facade shall be that area of the building which faces the street on which a projected address was assigned or in the event a projected address has not been assigned, the area as designated by the land development coordinator. Nonconformance shall mean any failure to comply with the provisions of this article includ- ing, but not limited to by way of example a number out of sequence, odd or even number on wrong side of street, rural box numbers, numbers improperly affixed, numbers not visible, numbers not present, numbers of improper size, numbers noIt in contrast with immediate background, ., waat.hvr�h�m n /177FY1�lR�T xxrvn " n� ml ro. A , approved numbers. 1 b v Occupant shall mean any person, firm, entity, partnership, trust, corporation, association or ici` i7r, an Galion who i occupying or leasing a building or other property for a period exceeding thirty (30) days. Owner shall mean any and all persons, firms, entities, partnerships, trusts, corporations, associ- ates or other organizations who own the fee title to or have an undivided interest in any building or property which is subject to the provisions of this article. Principal building shall mean any structure which is designed, built or used for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind for any residential, commercial or industrial purpose. Private way shall mean any street, road, avenue, drive, cul-de-sac or other thoroughfare used for vehicular traffic and any easement or right -of --way that provides sole access to more than one (1) parcel or lot which is not included in the definition of public way and which is not maintained by the city. This term shall include, but is not limited to roadways or driveways in mobile home parks, apartments, condominiums, commercial or industrial complexes, which have been named and signed in accordance with this land development code. Projected street name and numbering scheme shall mean all approved site plans and plats, LAND DEVELOPMENT including amendments thereto, which contain projected street names and addresses although no construction or development has occurred on the projected street. Public way shall mean any area of a public road or right-of-way, either paved or unpaved, which is intended for vehicular traffic and that has been dedicated to the city for the purpose of vehicular traffic and for use as a thoroughfare for vehicular traffic whether or not by the city excluding service entrances or driveways. Uniform building numbering system shall mean a system by which existing buildings and projected lots and parcels for future buildings are assigned addresses in a coordinated and uniform method based on the policy and procedures set up by the Seminole County Planning and Development Department. (Ord. No. 420, § I(1445.2), 643-88; Ord. No. 2001-43, § 1, 7-23-01) Cross reference —Definitions and rules of construction generally, § 1-2. Sec. 9-371. Purpose. This article is adopted for the purpose of providing a uniform building numbering system for the assignment of address numbers to build- ings and structures located on or with access from officially named public and private streets and ways in the city in the interest of the public health, safety, and general welfare of the citizens and inhabitants of the city. (Ord. No. 420, § I(1445.1), 643-88) Sec. 9-372. Establishment of system. For any development within the municipal boundaries of the City of Winter Springs, the assignment of street names and building/lot numbering, in order to ensure uniformity county wide, shall be reviewed, verified, and approved by the Seminole County Planning and Develop- ment Department. (Ord. No. 420, § I(14-16.1), 643-88; Ord, No. 200143, § 1, 7-23-01) Sec. 9-373. Administration and assign- ment of numbers. (a) The city shall be responsible for enforcing compliance with this chapter, including the post- ing of building/lot numbers as required by sec- tion 9-374, City Code. (b) If an existing building fails to conform with the uniform numbering system, the land development coordinator's office shall give notice to those owners or occupants whose building number is in nonconformity with the uniform building numbering system. The notice shall be delivered to the owner or occupant by certified mail, return receipt requested or by posting it in a conspicuous place on the property or by hand delivery. Such notice may include a notification of a change of address which shall contain the new building number assigned to the building in accordance with the provisions of this article and shall direct the owner or the occupant to post the newly assigned building number on the building or property in accordance with section 9-374. The owners or occupants shall have thirty (30) days from receipt of the notice sent by certified mail or from the date of hand delivery if delivered by hand or from the date of posting if such notice is posted on the property to come into compliance with this article. (c) Assignment of a number, as set forth in this chapter, to a lot or parcel on which a projected future building may be constructed shall be a condition precedent to the issuance of a building permit for any such building. (Ord. No. 420, § I(14-17.1-14-17.4), 643-88; Ord. No. 200143, § 1, 7-23-01) Supp. No. 33 607 Sec. 9-374. Posting of numbers. Each building in the corporate limits of the city shall have its assigned building number properly displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners anI occupants of each building to post the assigned buiWing number on the property in conformity with this article as follows: (1) The building address number shall be affixed to the building front or facade as defined in section 9-370 or to a separate structure such as both sides of a mailbox, post, wall, fence or other visible and commonly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. § 9-374 WINTER SPRINGS CODE (2) Any numbers which are not clearly vis- DIVISION 2. TRANSPORTATION ible and legible from the public or private FACILITIES* way shall not be used. (3) The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed and shall be not less than three (3) inches in height and one-half inch in width. (4) Numerals shall be made of a durable weather -resistant material permanently affixed to the front of the building or structure. (Ord. No. 420, § I(144T5)) 6-13-88) Sec. 9-375. Reserved. Editor's note —Ord. No. 2001-43, § 1, adopted July 23, 2001, repealed former section 9-375 in its entirety which pertained to the numbering of addresses for properties annexed to the city and derived from Ord. No. 420, § I, adopted June 13, 1988. Sec. 9-376. Code enforcement special magistrate authority. As an additional means of ensuring compli- ance with the provisions of this article, the code enforcement board or special magistrate shall have jurisdiction and authority to hear and decide alleged violations occurring in the corporate limits of the city. Proceedings before the code enforcement board or special magistrate shall be governed by its rules and procedures. (Ord. No. 420, § I(14-20.2), 6-13-88; Ord. No. 2015-22, § 9, 10-26-15) Cross reference —Code enforcement board power, § 2- 61. Secs. 9-377-9-380. Reserved. ARTICLE VIII. IMPACT FEES DIVISION 1. GENERALLY Secs. 9-381-9-385. Reserved. Supp. No. 33 608 Sec. 9-386. Transportation impact fees. Transportation impact fee provisions are set out in this division as sections 9-386.1 through 9-386.21. (Ord. No. 2016-10, § 2, 12-1246) Sec. 9-386.1. Short title, authority and applicability. (a) This division shall be known and may be cited as the "City of Winter Springs Road Impact Fee Ordinance" or the "City of Winter Springs Transportation Impact Fee Ordinance." (b) The planning for new and expanded roads needed to serve new growth and development that generate additional traffic and the implementation of these plans through the comprehensive planning process are the responsibility of the city under part II of F.S. ch. 163, F.S. § 163.3161 et seq., and specifically F.S. § 163.31801 (Florida Impact Fee Act), F.S. ch. 166, various laws relating to the power of the city undertaking zoning, planning and develop- ment activities, and is in the best interest of the health, safety, and welfare of the citizens of the city. (Ord. No. 512, § 1, 12-9-91; Ord, No. 2016-10, § 2, 1242-16) Sec. 9-386.2. Intent and purpose. (a) This division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities and infrastructure to new users as established by the Florida Supreme Court. *Editor's note —Ord. No. 480, § 1, adopted Mar. 12, 1990, enacted provisions pertaining to transportation impact fees, designated as Art. VIII, §§ 9-386-9-386.21, which have been further designated by the editor as Div. 2. Subsequently, Ord. No. 512, § 1, adopted Dec. 9, 1991, provided for the deletion of such provisions and enacted a new Div. 2, pertaining to the same subject matter, herein set out. Words in brackets [ ] have been added by the editor for clarity, and Exhibits A and B to such ordinance are included following this division. Cross references —Buildings and building regulations, Ch. 6; motor vehicles and traffic, Ch. 12; planning generally, Ch. 15; streets, excavations, etc., Ch. 17; zoning, Ch. 20. LAND DEVELOPMENT § 9 386.3 (b) The implementation of a regulatory (5) Generalized Daily Level of Service program that requires new development to pay a Maximum Volumes for Florida's Urban/ "transportation or road impact fee" that does not Urbanized (5000+) Areas, FDOT 2013; exceed a pro rata share of the reasonably ici(6) Cost per Lane Mile -City of Winter Springs anticipated expansion costs of new municipal Transportation Impact Fee Update, 2005; collector roads needed to serve new growth and development is the responsibility of the city in (7) Existing Traffic Circulation Analysis, City order to carry out the traffic circulation element of Winter Springs Study, September,1989, of its comprehensive plan, as required under Tipton Associates Incorporated and Left - Section 163.3161 et seq., Florida Statutes, and is wich Consulting Engineers, Inc.; in the best interest of the health, safety and welfare of the citizens of the City of Winter (8) Future Traffic Circulation Analysis, City Springs. of Winter Springs Study, December, 1991, Tipton Associates, Inc. and Leftwich (c) The purpose of this division is to enable Consulting Engineers, Inc. the City of Winter Springs to allow growth and development to proceed in compliance with the (9) Input Data for Seminole and Volusia growth management plan, and Florida case and Counties for Calculating Transportation Impact Fees for Convenience Stores, statutory law and to regulate growth and develop- August, 1989, Tipton Associates ment so as to require growth and development to share in the burdens of growth by paying its pro Incorporated. rata share for the reasonably anticipated costs of (10) City of Winter Springs Transportation needed municipal collector roadway improve- Study, August 1997; Supplement No. 1 ments. December 1999; Supplement No. 2, Febru- ary 2001; Supplement No. 3, February (d) It is not the purpose of this division to 2005. collect fees from growth and development in excess of the cost of the reasonably anticipated (11) City of Winter Springs Transportation improvements to the municipal collector road Impact Fee Update, September 1997; network and needed to serve the new growth Update, December 1999; Update, Febru- development. It is specifically acknowledged that ary 2005; update October 2016. this division has approached the problem of (Ord. No. 512, § 1, 12-9-91; Ord. No. 2005-10, determining the road impact fee in a conserva- § 2, 3-14-05; Ord. No. 2016-10, § 2, 1242-16) Live and reasonable manner. (e) The technical data, findings and conclu- sions herein are based on the Comprehensive Plan of the City of Winter Springs and in part on the following studies and reports which are hereby adopted (by reference): (1) ITE Trip Generation Manual, ITE (gtn Edition); (2) ITE Trip Generation Handbook (3rd Edi- tion); (3) Orlando Urban Area Transportation Stud- ies; (4) Special Report 209, Highway Capacity Manual, Transportation Research Board, 1985; Supp. No. 33 609 Sec. 9-386.3. Rules of construction. For the purpose of administration and enforce- ment of this division, unless otherwise stated, the following rules of construction shall apply: (a) In case of any difference of meaning or implication between the text of this divi- sion and any caption, illustration, sum- mary table or illustrative table, the text shall control. (b) The word "shall" is always mandatory anA not discretionary; the word "may" is permissive. (c) Words used in the present tense shall include the future, and words used in the § 9-386.3 WINTER SPRINGS CODE singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary. (d) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. (e) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either ... or," the conjunc- tion shall be interpreted as follows: (1) "And" indicates that all the con- nected terms, conditions, provisions or events shall apply. (2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. (3) "Either . or" indicates that the connected items, conditions, provi- sions or events shall apply singly but not in combination. (f) The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.4. Definitions. For the purpose of this division, the following words and terms shall have the meaning ascribed thereto: Access improvement: Road improvements neces- sary to provide safe and adequate ingress and egress and for efficient traffic operations. Access improvements include but are not limited to the following: (1) Right -of --way and easements; (2) Left and right turn lanes; (3) Acceleration and deceleration lanes; (4) Traffic control devices, signage, and mark- ings; and Supp. No. 33 610 (5) Drainage and utilities. Accessory building, structure or use: A detached, subordinate building, structure or use, the use of which is clearly incidental to and serves the principal building or use of the land and which is located on the same lot as that of the principal building or use. Applicant: Any person who applies fora build- ing permit or certificate of occupancy. Arterial roads: A classification of roads which primarily functions to accommodate the move- ment of relatively large traffic volumes for relatively long distances at relatively high speeds. Land access, when provided, is subservient to 4l 4L ,.a_t mi_ 0 i • r• iuilct)1U11. 1111s ula85111Gaulu11 includes all roads which function above the level of a major collector road. Average trip length: The average length in miles of tl°ips foil each major land use category as determined from the Orlando Urban Area Transportation Study and adjusted to reflect the travel characteristics in the Orlando GMP Study Area, and special studies for particular land uses conducted by registered professional engineers. Building: Any permanent structure designed or built for the support, shelter or protection of persons, animals, chattels or property of any kind. Building permit: Any building or construction permit required under the Winter Springs Build- ing Code (chapter 6 of the City Code). Capacity; capacity per lane: The maximum number of vehicles for a given time period which a typical new lane can safely and efficiently carry at a specified level of service. Capacity per lane mile: The product of the capacity per lane times one (1) lane mile. Captured traffic: Diverted traffic plus passer- by -traffic. Collector roads: Intermediate classifications of roads which provide both land access and movement service for medium length trips. Development permit. Includes any building permit, conditional use, zoning approval, subdivi- LAND DEVELOPMENT sion approval, rezoning, development order, conditional use, variance, waiver, or any other official action of local government having the effect of permitting the development of land. Development site: The property under consideration for development and under single ownership at the time of application. Diverted traffic: Traffic that is already on the road network, which is attracted by the new land development and which may be transferred from another route. Encumbered: Funds committed in a capital improvements program for a specified improve- ment on a specified time schedule. Expansion: Road and intersection capacity enhancements which include but are not limited to extensions, widenings, intersection improve- ments, upgrading signalization and improving pavement conditions. External trip: Any trip which has either its origin or destination at the development site but not both. Gross floor area: For purposes of the division, gross floor area shall be defined in the ITE Trip Generation Manual, 9th Edition. Internal trip: Any trip which has both its origin and destination within the development site. Land development: Any building, structure or other land use including the uses associated with the building, structure or land. Land development activity generating traffic: The carrying out of any land development, includ- ing but not limited to building activity or the making of any material change in the use or appearance of any building, structure or land that attracts or produces vehicular trip(s) over and above that produced by the existing use of the land. Land use: For the purpose of calculating the proper impact fee for each land use provided in the impact fee schedules, the definitions provided for applicable land uses in the ITE Trip Genera- tion Manual 9th Edition shall apply. Supp. No. 09 § 9-386.4 Local roads: A classification of roads which primarily functions to accommodate land access for abutting property. Local roads may provide service for relatively small traffic volumes for relatively short distances at relatively low speeds. Through traffic movement, when provided, is subservient to the land access function. This classification includes all roads which function below the level of a municipal collector road. Marginal cost: The additional cost incurred to provide a non -site -related improvement over and above that which would be necessary to only provide the site -related improvement needed to serve the development. Non -site -related improvements: Road improve- ments, including rights -of -way, which are neces- sary to provide safe and adequate travel service for the movement of vehicular traffic, and which are in excess of or in addition to site -related improvements. Non -site -related improvements may include on -site or off -site improvements to the municipal collector road network. Off -site improvements: Road improvements located outside of the boundaries of the develop- ment site which are necessary to provide safe anI adequate travel service for vehicular traffic. On -site improvements: Road improvements located within the boundaries of the develop- ment site which are necessary to provide safe anI adequate travel service for vehicular traffic. 611 Passer -by -traffic: Traffic already on the road adjacent to the development site. Road impact fee; impact assessment; fee: The fee required to be paid in accordance with this division. Road improvements: Physical assets, constructed or purchased, that are necessary to provide safe and adequate travel service for vehicular traffic. The acquisition, expansion or development of road improvements includes transportation planning, preliminary engineer- ing, engineering design studies, land surveys, right -of --way acquisition, engineering, permit- ting, inspection and testing during construction, § 9-386.4 WINTER SPRINGS CODE and construction of all the necessary features for any road construction project including, but not limited to: (1) Construction of the through lanes; (2) Construction of turn lanes; (3) Construction of bridges; (4) Construction of drainage facilities in conjunction with roadway construction; (5) Purchase and installation of traffic signalization, signage and markings; (6) Construction of curbs, medians and shoulders; and i j tbblliUab111g ubilit1e5 to accommodate roadway construction. Road network: The interconnecting system of streets, roads, highways and other public ways open to vehicular travel by the public generally and dedicated to the public use. The road network includes existing public roads, planned exten- sions to existing public roads and planned new roads. Site -related improvements: Road improve- ments, including rights -of --way, which are neces- sary to provide safe and adequate travel service for the movement of vehicular traffic between the traffic -generating land uses within the development, between the development and the existing road network and access improvements. Site -related improvements may include on -site improvements to the road network. Structure: Anything constructed, erected or placed, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground. Traffic -generating land uses; traffic -generat- ing development: Any building, structure or other use of the land that increases the generation of vehicular trips over and above that generated by the previous use. Trip: The movement of vehicular travel from an origin to a destination. For the purposes of this division, trip shall have the meaning which Supp. No. 33 612 it had in commonly accepted traffic engineering practice and which is substantially the same as that definition in the previous sentence. Trip generation: The attraction or production of trips caused by the use or activity associated with a given type or classification of land develop- ment. Trip rate; trip generation rate: The average number of vehicle trips which can be attributed to a specific type of land use activity per unit of development per day as documented in the ITE Trip Generation Manual, 9th Edition. Unit of development: The standard incremental measure of land development activity for a specific type of land use upon which the trip generation rate is based as documented in the ITE Trip Generation Manual 9th Edition. TTnhicle ;r<.i.lcs rf trcrvcl; lcr,nL :�ziles: T11e; su�ij of the product of the length of each roadway link times the number of trips on each link as identified in the Winter Springs Future Year Network with Existing Traffic Volumes Study. (Ord. No. 512, § 1, 12-9-91; Ord, No. 2004-49, § 31 12-13-04; Ord. No. 2016-10, § 2, 1242-16; Ord. No. 2019-09, § 2, 6-1049) Sec. 9-386.5. Limitations on issuance of building permits. Any person who applies for the issuance of a building permit for land development activity which will generate additional traffic shall be required to pay a road impact fee in the manner and amount set forth herein. Except as provided elsewhere in this division, no building permit for any land development activity generating traffic requiring payment of a road impact fee pursuant to this division shall be issued unless and until the road impact fee hereby required has been paid. Except as provided elsewhere in the division, no person shall carry out any land development activity generating traffic unless and until the road impact fee required by this division has been paid and a building permit has been issued. (Ord. No. 512, § 1, 12-9-91) LAND DEVELOPMENT Sec. 9-386.6. Determination of road impact fees. The road impact fee for any land development activity generating traffic shall be determined either by using the fee rate schedule set forth in section 9-386.7 or by using the independent method of calculation set forth in section 9-386.8 Sec. 9-386.7. Road impact fee rate schedule. § 9-386.7 of this division. Also, any applicant may propose to enter into an impact agreement with the city as set forth in section 9-386.10 of this division in order to establish just and equitable impact fees or their equivalent which are appropriate to the specific circumstances of the land development activity generating traffic. (Ord. No. 512, § 1, 12-9-91) Any person may determine their road impact fee by using the following fee rate schedule: Land Use Description Impact Unit Impact Fee l Unit Residential - - - 210 Single-family DU $1,342.00 220 Multi -family DU 937.00 240 Mobile home DU 703.00 254 Assisted living facility Bed 375.00 253 Congregate care DU 284.00 Office - - - 710 General office building 1,000 SF GFA 1,555.00 720 Medical/dental office building 11000 SF GFA 5,096.00 Institutional 560 Church 1,000 SF GFA 1,186.00 565 Day care center 100 SF GFA 3,214.00 536 Private school Student 2,317.00 Medical 610 Hospital 1,000 SF GFA 104.00 620 Nursing home Bed 386.00 630 Clinic 1,000 SF GFA 4,436.00 Commercial - - - 815 Discount store 11000 SF GFA 3,347.00 816 Hardware/paint store 1,000 SF GFA 2,470.00 817 Nursery/garden store 11000 SF GFA 3,827.00 Shopping center/ retail: 820 0-50,000 sq. ft. 1,000 SF GLA 4,338.00 820 50,001-100,000 sq. ft. 11000 SF GLA 3,404.00 820 100,001 sq. ft, and greater 1,000 SF GLA 2,140.00 848 Tire store 1,000 SF GFA 1,384.00 850 Supermarket 1,000 SF GFA 3,549.00 851 Convenience store (24-hour) w/o gas 1,000 SF GFA 7,847.00 862 Home improvement superstore 1,000 SF GFA 1,354.00 890 Furniture store 1,000 SF GFA 335.00 931 Quality restaurant 1,000 SF GFA 7,104.00 932 High turnover (sit-down) restaurant 17000 SF GFA 5,504.00 Supp. No. 33 010 § 9-386. I WINTER SPRINGS CODE Land Use Description Impact Unit Impact Fee / Unit 933 Fast food restaurant w/out 1,000 SF GFA 27,733.00 driveAhru 934 Fast food restaurant w/drive- 1,000 SF GFA 19,216.00 thru 942 Auto care center 1,000 SF GFA 688.00 853 Convenience market w/gas 1,000 SF GFA 5,449.00 pumps 945 Gas service station Fueling position 1,342.00 w/convenience 947 Self service car wash Stall 43007.00 Services 911 Walk in bank 1,000 SF GFA 2,278.00 912 Drive in bank 1,000 SF GFA 4,565.00 The fee 1'a4,P GrhPrililP is nrP�nn+P� f..r the convenience of the public and may be used in lieu of the independent method of calculation set forth in section 9-386.8. The fee rates have been calculated using the method of calculation presented in section 9-386.8 using recognized accepted trip generation rates based upon accept- able national and local averages. For the convenience of the public the fee rates which are based on trip generation have been converted to dollar amounts per unit of development, i.e., per dwelling unit, per one thousand (1,000) square feet, per room, etc., depending upon the type or classification of land development. The road impact fee is determined by the following provi- sions: (1) Road impact fee rate schedule set forth in this section. (2) The total road impact fee for a specified type of land development activity is calculated by multiplying the impact fee rate for the specified type of land develop- ment activity by the number of units of development of the specified type of development activity. (3) When a land development activity for which an application for a building permit has been made includes two (2) or more buildings, structures or other land uses in any combination, including two (2) or more uses within a building or structure, the total road impact fee assessment shall be the sum of the products, as Supp. No, 33 1214 uuilil- ing, structure or other use, including each and every use within a building or structure, unless otherwise provided for in this division. (4) In the case of a change of use, redevelop- ment or modification of an existing build- ing, structure or other land development activity which requires the issuance of a building permit, the impact fee shall be based upon the new increase in the impact fee for the new or proposed land develop- ment activity as compared to the existing or last previous land use or activity. (5) In the case of a demolition of an existing building or structure, the impact fee for future redevelopment shall be based upon the net increase in the impact fee for the new or proposed land development activ- ity as compared to the land use or activ- ity existing prior to demolition. Credit for the prior use shall not be transferable to another location. (6) In the case of a relocation of a building or structure, an impact fee shall be assessed to the relocated building at its new loca- tion. Future redevelopment of the old location from which the building was removed will receive a credit against the impact fee assessed equal to the impact fee that would have been assessed against the relocated structure. Credits shall not be transferable to the new location. LAND DEVELOPMENT (7) In order to take advantage of subsection (4), (5) or (6) (above) and pay impact fees only for the net increase in development activity, the applicant shall provide reasonably sufficient evidence that the previous land use or activity was actu- ally maintained on the site at any time during the five-year period prior to the date of application for the new develop- ment approval. Such evidence may include proof of utility records, records for the use sought to be shown, or other documentation. Local business tax receipt issuance is not of itself substantial proof. (8) In the event that an applicant for a building permit or the City of Winter Springs contends that the land use for which the building permit is proposed is not within the categories listed in the impact fee schedule set forth in this section, or fits within a different category, then the city manager, or his designee shall make a determination as to the appropriate land use designation which is consistent with current practices to add land use categories to the fee rate schedule following submission to the com- mission. In addition, either the city or the applicant can propose actual studies or surveys in order to calculate the most appropriate fee rate. Such determination may be appealed to the city commission by filing a written notice of appeal to the city manager or designee pursuant to section 9-386.21. (Ord. No. 512, § 1, 12-9-91; Ord. No. 638, § I, 2-10-97; Ord. No. 2006-23, § 5, 1241-06; Ord, No. 2016-10, § 2, 124246) Sec. 9-386.8. Independent impact fee calculation. (a) In the event an applicant believes that the impact of this development on the municipal collector road network will be less than that presumed in this division, the applicant may submit a proposed scope of work for determining an independent fee calculation which shall comply with the methodology in the latest transporta- tion impact fee study adopted by the city com- Supp. No. 33 § 9-386.8 mission to support this division. Upon approval of the scope of work the applicant may submit an independent fee calculation to the city manager or his designee, pursuant to the provisions of this section. If the city manager, or his designee, finds that the data, information and assump- tions used by the applicant to calculate the independent impact fee satisfy the requirements of this section, the independent impact fee shall be deemed the impact fee due and owing for the proposed development. Since processing of independent impact fee calculations involves significant staff time, applicants should submit their independent impact fee calculation at least xt siy (60) days prior to the date they will need a final determination of their impact fee. Alternatively, an applicant may pay the impact fee normally required at the time of seeking a building permit, subject to possible reimburse- ment of any excess paid according to the final independent impact fee determination. The city's costs for administering and evaluating the independent impact fee, including but not limited to the cost of independent consulting engineers, shall be borne by the applicant. (b) In the event the city believes that the impact of the proposed development on the municipal collector road network is greater than that presumed in this division, the city may accomplish an alternative independent impact fee calculation to increase the transportation impact fee. This calculation shall comply with the methodology in the latest transportation impact fee study adopted by the city commission to support this division. The city manager or his designee shall notify the applicant in writing within five (5) workdays following the formal pre -application meeting with city staff concern- ing this project. If the city chooses to accomplish an independent impact fee calculation to increase the transportation impact fee for the proposed development, the cost of accomplishing such independent impact fee calculation shall be borne by the city. The city manager or his designee shall have final authority to determine the appropriate transportation impact fee for the proposed project based upon an evaluation of the city's independent impact fee calculation. 615 § 9-386.8 WINTER SPRINGS CODE (c) Data, information and assumption require- ments: The independent impact fee calculations shall be based on data, information or assump- tions contained in this division or independent sources, provided that: (1) The independent source is an accepted standard source of transportation engineering or planning data; or (2) The independent source is based on actual studies or surveys conducted in the Orlando Urban Area, or with the specific approval of the city manager, or his designee, in other urban areas and car- ried out by a qualified registered engineer pursuant to an accepted methodology of transportation planning or engineering. (3) The methodology used for the independent impact fee calculations shall use the same methodology 9 9 e t ^ transportation impact fee study adopted by the city commission. (d) Total road impact fee calculation: The total road impact fee assessment for a specified type of land development activity generating traffic for which an application for a building permit has been made is calculated by use of the following formula: TIF = (IFR)(NUD) IFR = Impact fee rate for specific land use as determined in section 9.386.8(c)(3). NUD = Number of units in a develop- ment of the specified type of development activity. (e) When a land development activity for which an application for a building permit has been made includes two (2) or more buildings, structures or other land uses in any combina- tion, including two (2) or more uses within a building or structure, the total road impact fee assessment shall be the sum of the products, as calculated above, for each and every building, structure or other use, including each and every use within a building or structure, unless otherwise provided for in this division. Supp. No. 33 616 (f) In the case of a change of use, redevelop- ment, or modification of an existing building, structure or other land development activity which requires the issuance of a building permit, the impact fee shall be based upon the net increase in the impact fee for the new or proposed land development activity as compared to the existing or last previous land use or activity. (g) A determination by the city manager or his designee, that the independent calculation does not satisfy the requirements of this section may be appealed to the city commission. (Ord. No. 512, § 1, 12-9-91; Ord, No. 589, § I, 10-9-95; Ord. No. 638, § III, 2-10-97; Ord, No. 2016-10, § 2, 124246) Sec. 9-386.9. Presumption of maximum impact. Development is presumed to have the maximum irnp3ict on the -chuhicipal collector road network, The proposed development activity for which an application for a building permit has been filed shall be presumed to generate the maximum number of average daily vehicle trips, vehicle miles of travel and lane miles of travel to be generated by the most appropriate land use category(s) as determined by the city manager, or his designee. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.10. Impact agreement. Any applicant may propose to enter into an impact agreement with the city designed to establish just and equitable fees or their equivalent and standards of service needs appropriate to the circumstances of the specific development proposed. (1) Such an agreement may include, but shall not be limited to provisions which: a. Modify the presumption of maximum impact set forth in section 9-386.9 and provide an impact fee which may differ from that set forth in section 9-386.7 by specifying the nature of the proposed development for purposes of computing actual trips, provided that the agreement shall establish legally enforceable LAND UriELOPMrJNT means for ensuring that the actual number of trips generated will not exceed the estimated trips gener- ated by the agreed upon develop- ment. b. Permit the construction of specific transportation improvements in lieu of or with a credit against the road impact fee assessable. c. Permit a schedule and method for payment of the fees in a manner appropriate to the particular and unique circumstances of the proposed development in lieu of the require- ments for payment of the fees as set forth in section M86.8, provided that security is posted ensuring pay- ment of the fees, in a form accept- able to the city, which security may be in the form of a cash escrow deposit, surety bond, or letter of credit. (2) Any agreement proposed by an applicant pursuant to this subsection shall be presented to and approved by the city commission prior to the issuance of a building permit. Any such agreement shall provide for execution by mortgagees, lienholders or contract purchasers in addi- tion to the land owner, and shall require the applicant to record such agreement in the official records of Seminole County. The city commission shall approve such an agreement only if it finds that the agreement will apportion the burden of expenditure for new facilities in a just and equitable manner, consistent with the principles set forth in Florida Statutes and case law. (Ord. No. 512, § 1, 12-9-91; Ord. No. 2016-10, § 2, 124246) Sec. 9-386.11. Credits. (a) An applicant shall be entitled to a credit against future road impact fees assessed pursu- ant to this division for contributions, dedications or improvements required by the city or through S11pp. No. 33 § 9-386.11 agreements with the city, as a condition of any development permit by the city, and said credit shall be in an amount equal to: (1) The cost of non -site -related improve- ments to the municipal collector road network (including on -site and site - adjacent collectors to the extent such improvements are in excess of or in addition to site -related improvements); or (2) The contribution of land, money or services for non -site -related improvements to the municipal collector road network (includ- ing on -site and site -adjacent municipal collectors to the extent such improve- ments are in excess of or in addition to site -related improvements); or (3) Non -site -related roadway improvements previously contributed, paid for or com- mitted to by the applicant or his predeces- sor in interest (including on -site and site -adjacent municipal collectors to the extent such improvements are in excess of or in addition to site -related improve- ments). a. No credit will be granted pursuant to this subsection unless the costs of the improvements were paid for and the contributions made within the last five (5) years. (b) The credits shall be based on but not limited to the following criteria: 617 (1) The actual cost, or estimated cost of improvements based on recent bid sheet information of the city or Seminole County. (c) Previous development permits wherein voluntary road impact fees were specified and paid shall be binding as to any building permit already issued on land subject to the develop- ment permit. Road improvements required by previous development permits shall not be given a credit unless they meet the requirements of subsections (a) and (b) above. (d) Any credit issued pursuant to this section shall run with the land on which the credit pertained and may only be transferred by the § 9-386.11 WINTER SPRINGS CODE holder of said credits to any successor in interest in the parcel of land to which the credit pertained. (e) Any agreement for the issuance of credits against any road impact fee assessed pursuant to this division shall be included in an impact agreement as set forth in section 9-386.10. (f) Any petition for the issuance of credits against any road impact fee assessed pursuant to this division shall be submitted to the city manager, or his designee, and must contain: (1) A notarized sworn statement that the petitioner is the current owner of the property; (2) A copy of any impact agreement, credit n8 eeuIUIIU, Ul unner documenuauion on which the applicant relies for the claim which may pertain to the issuance of such credits; (3) A certified copy of the latest recorded deed; and (4) Such other information which may be reasonably necessary to ascertain cur- rent ownership of the property and the current status of the agreements for credits. (Ord. No. 512, § 1, 12-9-91; Ord, No. 2016-10, § 2, 12-1246) Sec. 9-386.12. Vested rights. (a) A developer or successor in interest of land which has received a development permit may petition the city commission for a vested rights determination which would exempt the petitioner from the provisions of this division. Such petition shall be evaluated by the city attorney and a recommendation thereon submit- ted to the city commission based on the following criteria: (1) There exists a valid, unexpired governmental act of authorizing the specific development for which a determination is sought; (2) Expenditures or obligations made or incurred in reliance upon the authoriz- ing act that are reasonably equivalent to the fees required by this division; Supp. No. 33 618 (3) That it would be inequitable to deny the petitioner the opportunity to complete the previously approved development under the conditions of approval by requir- ing the developer to comply with the requirements of this division. For the purposes of this subsection, the following factors shall be considered in determin- ing whether it would be inequitable to deny the petitioner the opportunity to complete the previously approved develop- ment; a. Whether the injury suffered by the petitioner outweighs the public cost of allowing the development to go fnl"'w,914d withrnif navmnnf of fho f'.,., required by this division; b. Whether the expenses or obliga- tions were made or incurred subsequent to Jn-riinry after which date the adoption of this division was pending; and c. Whether the operation of this divi- sion w011 create an onerous burden which would prevent the petitioner from making a reasonable return on his investment. (b) The city shall not permit the extension of a building permit beyond the initial time period for activation without the applicant complying with the provisions of this division. (c) If a previously approved development order or other binding agreement contained conditions regarding traffic impacts, road impact fees and their designated uses, or off -site transportation improvements, the developer or his successor may request a modification of such prior approv- als in order to bring the approval conditions into consistency with this division. Any such modifica- tion of prior approvals and amendments to development orders so accomplished shall not be deemed a substantial deviation under Chapter 380 of Florida Statutes. Any petition for such modification of prior approvals and amendments to development orders under the provisions of this subsection must be filed with the city manager within one (1) year of the effective date of this vi dision. LAND DEVELOPMENT (d) If a previously approved development order or other binding agreement provides for the mitigation of the traffic impacts of said develop- ment and if the city manager, or his designee, determines that such traffic impact mitigation measures are substantially consistent with the requirements of this division, then the road impact fee payable for such development under this division shall be revised accordingly to reflect the presumed traffic impact of said develop- ment. There shall be a presumption that the traffic impact mitigation provisions of any develop- ment order approved more than five (5) years prior to the adoption of this division are not substantially consistent with the requirements of this division. This subsection shall not apply where a development order previously approved provides that at such time as the city adopts transportation impact fee provision, thereafter the provisions and terms of the adopted impact fee provision will apply to the development project. Any petition for such modification of prior approvals and amendments to develop- ment orders under the provisions of this subsec- tion must be filed with the city manager within one (1) year of the effective date of this division. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.13. Site -related road improve- ments. The road impact fee formula contained in this division is designed to calculate the costs inher- ent in the construction on non -site -related improvements to the municipal collector road network and is not intended to assess an amount that constitutes an approximation of the costs to construct site -related roadway improvements. Therefore, if an assessment for the construction of site -related roadway improvements is required as a condition of development approval, then to the extent permitted by law, said assessment or construction requirements shall be considered as an addition to the assessment calculated pursu- ant to the terms of this division. (Ord. No. 512, § 1, 12-9-91; Ord. No. 2016-10, § 2, 12-12-16) Supp. Mn 33 Sec. 9-386.14. Exemptions. § 9-386.15 The following shall be exempted from pay- ment of the road impact fee: (1) Those land development activities which have received a building permit prior to the effective date of this division except as provided for in other sections of this division. (2) Alteration or expansion of an existing dwelling unit where no additional units are created or the use is not changed. (3) The construction of accessory buildings or structures, to the extent that there is no increase in trip generation and which will not increase the external trip genera- tion of the principal building, structure or use. (4) The replacement of a destroyed or partially destroyed building, structure, or use with a new building or structure of like size, capacity and use to the extent that there is no increase in trip generation. (5) Publicly owned and operated buildings or structures used for general governmental purposes (to include but not limited to sewer, stormwater, police, fire, ground transportation, solid waste, parks, recreation and cultural purposes). (Ord. No. 512, § 1, 12-9-91; Ord. No. 2016-10, § 2, 12-12-16) 619 Sec. 9-386.15. Establishment of a trust fund. (a) The impact fees collected by the city pursu- ant to this division shall be kept separate from other revenue of the city. (b) Funds withdrawn from the account must be used solely in accordance with the provisions of this division. The disbursal of such funds shall require the approval of the city commission, upon recommendation of the city manager and staff. (Ord. No. 512, § 1, 12-9-91) § 9-386.16 WINTER SPRINGS CODE Sec. 9-386.16. Collection of road impact fee assessment. (a) Except as provided for in section 9-386.10 of this division, the road impact fee assessment shall be due and payable at the time of issuance of the building permit for the land development activity generating traffic. (b) The road impact fee shall be collected by the city manager or his designee. (Ord. No. 512, § 1, 12-9-91; Ord, No. 589, § I, 10-9-95; Ord. No. 638, § IV, 2-10-97; Ord. No. 2016-10, § 2, 1242-16) Sec. 9-386.17. Use of funds collected. (a) The funds collected by reason of establish- ment of the road impact fee in accordance with this division shall be used solely for the purpose of administering, planning, acquisition, expan- sion +nd dov^lopmvnt of noes site J. clated iir11 rov ments to the municipal collector road network determined to be needed to serve new develop- ment, including, but not limited to: (1) Corridor studies and environmental assessments; (2) Design and construction plan prepara- tion; (3) Right -of --way acquisition; (4) Construction of new through lanes; (5) Construction of new turn lanes; (6) Construction of new bridges; (7) Construction of new drainage facilities in conjunction with new roadway construc- tion; (8) Purchase and installation of traffic signalization; (9) Construction of new curbs, medians and shoulders; (10) Construction inspection and testing. (b) All funds shall be used in a manner consistent with the principles set forth in state case and statutory law and otherwise consistent with all requirements of the Constitution of the Supp. No. 33 620 United States and the State of Florida and all applicable laws. Said funds shall not be used to maintain or repair any roads. (c) Interest on funds. Any funds on deposit not immediately necessary for expenditure shall be invested in interest -bearing accounts. All income derived shall be deposited in the trust account. (d) The city shall be entitled to retain an amount totaling three (3) percent, not to exceed a total of five thousand dollars ($5,000.00), of the aggregate of all impact fees it collects annually pursuant to this division which retained funds shall be utilized to offset the actual administra- tive costs associated with the collection and use of said funds that year pursuant to this division. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.18. Return of funds. If it is determined by the city that fee assess- ments collected pursuant to this division have not been spent or encumbered for expenditure by the end of the calendar quarter immediately following six (6) years from the date the fee was received or if the development for which the fees were paid was never begun and the building permit expired, then said funds shall be eligible for refund to the then present property owner in accordance with the following procedures: (1) The then present property owner must petition the city for the refund within one (1) year following the end of the calendar quarter immediately following five (5) years from the date on which the fee was received by the city; (2) The petition must be submitted to the city manager and must contain: a. A notarized sworn statement that the petitioner is the current owner of the property or his authorized agent; b. A copy of the dated receipt issued for payment of the fee or other competent evidence of payment. c. A certified copy of the latest recorded deed; LAND DEVELOPMENT d. A copy of the most recent ad valorem tax bill; and e. A copy of the building permit or development agreement pursuant to which the impact fees were paid; f. Such other information which may be reasonably necessary to ascertain current ownership of the property. (3) Within sixty (60) days from the date of receipt of petition for refund; the city manager or his designee shall advise the petitioner and the city commission of the status of the fee requested for refund. For the purpose of determining whether fees have been spent or encumbered, the first money placed in the trust fund account shall be deemed to be the first money taken out of the account when withdrawals have been made. (Ord. No. 512, § 1, 12-9-91; Ord. No. 2016-10, § 2, 12-1246) Sec. 9-386.19. Review This division shall be reviewed by the city commission periodically in order to maintain current local data analysis, rate schedules, and reasonable regulations in compliance with applicable law. The review shall include trip generation rates, trip lengths, construction and right-of-way acquisition rates, trip lengths, construction and right -of --way acquisition costs, division provisions, impact fee rates and other applicable items. The purpose of this review is to analyze the effects of inflation on the actual costs or roadway improvements, to review and revise, if necessary, the transportation improvement program, and to ensure that the fee charged new land development activity generating traffic will not exceed its pro rata share for the reasonably anticipated expansion costs of road improve- ments necessitated solely by its presence. Failure of the city to periodically undertake such a review shall result in the continued use and application of the existing fee schedule and other data. (Ord. No. 512, § 1, 12-9-91; Ord. No. 2016-10, § 21 12-12-16) Supp. No. 33 Sec. 9-386.20. Penalty. § 9-386.21 Violations of this division shall constitute a misdemeanor of the second degree enforceable in accordance with section 1.15 of the City Code or in the alternative by an injunction or other legal or equitable relief in the circuit court against any person violating this division, or in an appropriate case by both criminal and civil injunc- tive relief. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.21. Appeals of impact fee determinations. (a) Any person desiring to appeal an administrative decision regarding the payment of impact fees or credits shall file a written notice of appeal with the city manager. Said notice shall be filed within thirty (30) days of the decision sought to be appealed. A required process - fee of five hundred dollars ($500.00) shall be submitted with the notice of appeal in order to defray actual administrative costs associated wiI processing the road impact fee appeals. (b) All notices of appeal shall include a full explanation of the reasons for the appeal, spec ing the grounds therefor, and containing an documentation which the applicant desires to be considered. The appeal shall contain the name and address to the person(s) filing the appeal and shall state their capacity to act as a representative or agent if they are not the owner of the property to which the impact fees or credit(s) pertain. 621 (c) Within thirty (30) days following the receipt of the written notice of appeal, the city manager, or his designee, will review the appellant's writ- ten report, supporting documentation and departmental staff reports. The thirty -day review period may be extended if additional information is needed from the appellant in order to render a decision. Upon completion of the administrative review, the city manager will provide a written response to the appellant constituting a final administrative determination. (d) Any person desiring to appeal the final administrative determination of the city manager regarding the payment of impact fees or credits § 9-38621 WINTER SPRINGS CODE shall file a written notice of appeal to city commission. Said notice of appeal to city commis- sion shall be filed with the city manager within fifteen (15) days following receipt of the final administrative determination. Receipt shall be construed to have occurred when the final administrative decision is deposited in the United States mail postage prepaid to the person whose name and address was identified in the original notice of appeal. (e) All notices of appeal shall include a full explanation of the reasons for the appeal, specify- ing the grounds therefor, and containing any documentation which the applicant desires to be considered. The appeal shall contain the name and address of the person(s) filing the anneal and shall state their capacity to act as a representative or agent if they are not the owner of the property to which the impact fee or credit pertain. (f) The city clerk will schedule all impact fee appeals for the first city commission meeting following ten (10) days from receipt of the writ- ten notice of appeal to city commission. Postpone- ments of the city commission appeal date may be granted by the city clerk if they are requested in writing at least ten (10) days in advance of the scheduled city commission meeting date. (g) When an appeal is scheduled for oral presentation before the city commission, the appellant and the city staff shall each be given fifteen (15) minutes at the oral argument to present the appeal and to discuss the submitted written record. (h) Final decisions made by the city commis- sion shall be in writing and subject to appeal to a court of competent jurisdiction. (Ord. No. 512, § 1, 12-9-91; Ord, No. 2016-10, § 2, 12-12-16) Supp. No. 33 622 Chapter 14 PERSONNEL Article I. In General Sec. 14-1. Policy, rules and regulations. Sec. 14-2. City clerk —Supervision by city manager. Sec. 14-3. Background screening. Secs. 14-4-14-25. Reserved. Article II. Reserved Secs. 14-26-14-29. Reserved. Sec. 14-30. Adoption of Title II, Social Security Act. Sec. 14-31. Custody of funds. Secs. 14-32-14-50. Reserved, Article III. Pension Plan Sec. 14-51. Adopted. C. 14-52. Board of trustees. *Cross reference —Administration, Ch. 2. Supp. No. 33 931 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 33 932 PnnSONNEL ARTICLE I. IN GENERAL Sec. 144. Policy, rules and regulations. The city manager is hereby authorized and directed to develop, prepare, maintain, and promulgate a comprehensive personnel policy for the city which shall govern the recruitment, selection, employment, classification, compensa- tion, discipline, and other employment -related matters for all city employees, except as otherwise provided by law, city charter, or collective bargain- ing agreements. The personnel policy shall be consistent and in compliance with applicable federal, state, and local laws and shall be designed to ensure the city's operational needs are met and best practices are implemented. All city departments and employees shall adhere to the personnel policy as promulgated by the city manager, subject to any superseding provisions of state or federal law or collective bargaining agreements. Department heads and supervisors are responsible for enforcing and ensuring compli- ance with the policy within their respective areas of oversight. The personnel policy may be reviewed by the city commission as may be deemed necessary by the city commission. Any personnel policy, rule, or regulation previously issued that conflicts with a personnel policy promulgated by the city manager under this section shall be deemed superseded and of no further force or effect upon the effective date of the new policy. (Code 1974, § 17-1; Ord. No. 2025-06, § 2, 4-14-25) Sec. 14-2. City clerk —Supervision by city manager. (a) This section is enacted for purposes of clarifying the role of the city clerk and city manager consistent with their respective duties and responsibilities assigned under the City Charter. Specifically, this section is in further- ance of the city commission's authority to appoint and assign additional duties to the city clerk in accordance with section 4.10 of the City Charter and the city manager's authority as chief administrative officer of the city pursuant to section 5.03 of the City Charter. Supp. No. 33 (b) Upon appointment by the city commis- sion, the city clerk shall be subject to the direc- tion and supervision of the city manager consistent with the scope of duties assigned to the city clerk by Charter, City Code and express direction of the city commission. (%) MY manager may assign additional duties to the city clerk when the city manager deems it necessary for the good of administering city affairs and for purposes of faithfully execut- ing all express actions of the city commission and laws including, but not limited to, state and federal law, City Charter, and City Code. (d) The city manager may assign one or more city employees to assist the city clerk with the city clerk's assigned duties, and one of the assigned city employees may, with the approval of the city manager, serve as acting city clerk in the temporary absence of the city clerk. (e) The city clerk's compensation shall be established by the city commission. However, once the city commission establishes the initial m copensation of the city clerk, the city manager may adjust that compensation in the same manner as other city employees unless otherwise expressly directed by the city commission. (f) The city clerk may be terminated by the city commission in accordance with the require- ments of the City Charter. (g) This section shall not be construed to conflict with the City Charter. (Ord. No. 2020-08, § 2, 9-28-20) Sec. 14-3. Background screening. 933 (a) As provided by F.S. § 166.0442, the city may require criminal history background screen- ing for any positions of city employment or appointment, whether paid, unpaid, or contractual, which are considered critical to security or public safety; or for any private contractor, employee of a private contractor, vendor, repair person, or delivery person who has direct contact with individual members of the public or access to any public facility in such a manner or to such an extent that the city manager, or another assigned city employee, WINTER SPRINGS CODE finds that preventing unsuitable persons from having such contract or access is critical to security or public safety. (b) Each person applying for, or continuing employment in, any position or appointment or having contact or access described in subsection (a) shall be fingerprinted if the position, appoint- ment, contractor, vendor, repair person, or delivery person is designated for a criminal history background screening by the city manager, or another assigned city employee. Fingerprints shall be submitted to the Florida Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from criminal history record checks conducted pursu- ant to this section may be used by the city to determine an applicant's eligibility for employ- ment or appointment and to determine an erupluyee's eligibility fo continued employment. (c) Any other background screening which the city may lawfully undertake is not prohibited by this supplemental grant and implementation of authority. (d) The city manager, or another assigned city employee, shall determine, in his or her discre- tion, the positions and appointments that are deemed to be critical to security or public safety under this section. (Ord. No. 202340, § 2, 11-16-23; Ord. No. 2025-03, § 2, 240-25) Secs, 144-14-25. Reserved. ARTICLE II. RESERVED* Secs. 14-26-14-29. Reserved, Sec. 14-30. Adoption of Title II, Social Security Act. The city does hereby adopt the terms, condi- tions, requirements, reservations, benefits, *Editor's note —Ord. No. 2025-06, § 2, adopted April 4, 14, 2025, repealed Art. II, §§ 14-26-14-29, which pertained to old age and survivors insurance and derived from Code 1974; § 2-4* Supp. No. 33 934 privileges and other conditions thereunto appertaining, of Title II of the Social Security Act as amended, for and on behalf of all officers and employees of its departments and agencies to be covered under the agreement. (Code 1974, § 24(g)) Sec. 14-31. Custody of funds. The city clerk is hereby designated the custodian of all sums withheld from the compensa- tion of officers and employees and of the appropri- ated funds for the contribution of the city, and the city clerk is hereby made the withholding and reporting agent and charged with the duty Uui iiil8 put 5uliue, records for the purposes of this article. (Code 1974, § 24(h)) Secs. 14-32-14-50. Reserved. ARTICLE III. PENSION PLAN Sec. 14-51. Adopted. (a) The city does hereby elect to provide for its employees a pension plan and trust, such plan and trust to be known as the "Pension Plan for the Employees of the City of Winter Springs, Florida" (hereafter referred to as "the plan"). The plan shall be administered by a board of trustees as appointed in section 14-52. (b) The city does hereby approve and adopt the plan, a copy of which is on file in the city clerk's office and authorizes the mayor and city manager to execute the plan on behalf of the city. The plan may be amended from time to time by resolution of the city commission. (c) The cost of the plan shall be paid entirely by the city from the pension fund. (d) The city shall be bound by the terms and conditions of the plan. (Code 1974, § 2-6(a)—(c), (e); Ord. No. 200MIO § 2, 2-23-09) PERSONNEL Sec. 14-52. Board of trustees. (a) There is hereby created and established a board of trustees consisting of five (5) members who shall be appointed and removed as set forth in section 241. (b) The board of trustees shall meet no less than quarterly to review the performance of the pension plan and conduct such other business as the board deems appropriate and necessary. (c) The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commis- sion. (d) Staggering of terms. Beginning in Janu- ary, 2012, seats two (2) and four (4) shall be appointed to four (4) year terms expiring in January 2016, and seats one (1), three (3) and five (5) shall be appointed to two (2) year terms expiring in January, 2014. Thereafter all appoint- ments shall remain staggered and shall be made for a term of four years. (Code 1974, § 2-6(d); Ord. No. 411, § 1, 344-88; Ord. No. 554, § 1, 1-24-94; Ord, No. 2002-28, § 3, 9-23-02; Ord. No. 2010-14, § 2, 5-24-10) [The next page is 985] Supp. No. 33 935 UTILITIES stormwater management facility has not been, or is not currently being, properly maintained as designed, the director may disallow the on -site stormwater quality management facility credit. (3) For applicable properties as determined by the director, the fee shall be reduced by twenty-five (25) percent. The reduced fee will, therefore, be calculated as the fee pursuant to the rate resolution multiplied by the factor of 0.75 (fee x 0.75). (d) Undeveloped property. There shall be no stormwater management utility fee charged to undeveloped property that has not been altered from its natural state by dredging, filling, removal of trees and vegetation or other activities which have disturbed or altered the topography or soils on the property. (Ord. No. 521, § 4, 7-27-92; Ord. No. 2002-20, § 6, 6-24-02; Ord. No. 2004-01, § 2, 1-26-04; Ord. No. 2010-08, § 4, 10-25-10; Ord. No. 2025-11, § 2, 5-12-25) Sec. 19465. Billing, payment, penalties and enforcement. (a) Statements for the stormwater manage- ment utility fee shall be rendered monthly in accordance with a monthly billing cycle administered by the city for all properties subject to the fee. Only developed property shall be subject to the fee. (b) The stormwater management utility fee is for services furnished to the developed property and the fee therefore must be paid by the property owner. If the property is tenant - occupied, the property owner may request that the city bill the tenant for such fee. Such instruc- tions shall be in writing. If the property is tenant -occupied and the tenant is to be billed for such fee, any delinquent fee shall be charged against any utility deposit then held by the city. If the tenant fails to pay the fee, the property owner shall remain liable for the fee. (c) Any fee remaining unpaid on a developed property for ninety (90) days shall constitute a lien in favor of the city against said property, and the city attorney is authorized and directed to record a lien for such unpaid fee in the public records of Seminole County, Florida. Such lien Supp. No. 33 1259 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 33 1260 ZONING signage. No outside storage or fleet and dispatch yards are permitted; however, governmental vehicles are exempted. (Ord. No. 44, § 44A5.2, 1-8-68; Ord. No. 68, § XI, 11-29-71; Ord. No. 2005-09, § 2, 3-28-05) Sec. 20-208. Conditional uses. (a) Conditional uses allowed within R-IAAA, 1-1AA, R-lA and R-1 Single -Family Dwelling Districts. (b) Multi -use projects that include a vertical mix of uses designed along the principles of the Town Center. Such projects shall be exempted from section 20-209, regarding building height regulations, and section 20-211, regarding front, rear and side yard regulations. Such projects, however, are still subject to the provisions and requirements of the Town Center District Code. (Ord. No. 44, § 44.45.3, 1-8-68; Ord. No. 68, § XII, I1-29-71; Ord. No. 240, § 7, 5-26-81; Ord. No. 200449, § 2, 12-13-04; Ord. No. 2005-09, § 2, 3-28-05; Ord. No. 2007-20, § 2, 7-9-07; Ord. No. 2014-097 § 2, 4-28-14) Sec. 20-209. Building height regulations. In R-3 Multiple -Family Dwelling Districts, building heights shall not be higher than forty- five (45) feet. (Ord. No. 44, § 44.45.4, 1-8-68; Ord. No. 68, § XIII, 11-29-71) Sec. 20-210. Building area regulations. The multiple -family dwelling structures included within the R-3 zoning classification shall not consist of more than sixteen (16) units per acre. (Ord. No. 44, § 44.45.5, 1-8-68; Ord. No. 68, § XIV 11-29-71) Sec. 20-211. Front, rear and side yard regulations. The following yard regulations shall apply in the R-3 Multiple -Family Dwelling Districts: (1) Front yard. The front yard shall not be less than twenty-five (25) feet in depth. (2) Rear yard. The rear yard shall not be less than thirty-five (35) feet in depth. Supp. No. 33 (3) Side yard. The side yard shall not be less than ten (10) feet in width. (4) Corner lots. The front yard setback regula- tion shall control when the building is located on more than one (1) street. Screen enclosures or covered screen rooms shall be permitted within the interior side yard of any detached single family zero lot line unit arranged in a cluster grouping, provided that such screen enclosure or covered screen room maintains a minimum three-foot separation from any adjacent building and is in compliance with other applicable provisions of the Code. Section 6-85 of the Code is not applicable to this subsec- tion. (Ord. No. 44, § 44.45.6, 1-8-68; Ord. No. 68, § XV, 11-29-71; Ord. No. 2010-2, § 2, 3-8-210) Sec. 20-212. Lot coverage. Seventy-five (75) percent of the lot area is the maximum which may be covered by the principal anI accessory buildings or structures located within the R-3 Multiple -Family Dwelling Districts. (Ord. No. 44, § 44.45.7, 1-8-68; Ord. No. 68, § XVI, 11-29-71) Sec. 20-213. Off-street parking regula- tions. All parking within the R-3 Multiple -Family Dwelling District shall be provided in an off- street parking lot, which shall accommodate at least two (2) parking spaces for each unit located within the multiple -family dwelling structure. (Ord. No. 44, § 44.45.8, 1-8-68; Ord. No. 68, § XVII, 11-2941) Secs. 20-214-20-230. Reserved. 1331 DIVISION 7. C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS Sec. 20-231. In general. The C-1 Neighborhood Commercial District consists of lands abutting principal streets, the frontages of which are especially adaptable to selected light retail sales and services and office - oriented professional services which serve the WINTER SPRINGS CODE community and which are not detrimental to adjacent residential districts. Adjoining these lands are residential districts that would be adversely affected by a greater diversification of uses creating serious problems of traffic move- ment and generation. The land uses under this district shall promote spaciousness of land uses, minimize traffic along adjacent thoroughfares and within residential districts, promote aesthetic and architectural harmony, attractiveness, and compatibility with nearby residential districts and within the community, and abide by the performance and development standards of the city, county, state, and U.S. government. Areas of the city for which this zoning category are appropriate are designated on the future land use map as "commercial." (Ord. No. 44, § 44.46, 1-8-68; Ord. No. 2002-07, § 4, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04) (a) Within any C-1 Neighborhood Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Advertising agencies; (2) Alcoholic beverage sales (package); (3) Alcoholic beverage on -premises consump- tion; (4) Alterations and tailoring; (5) Animal hospitals and veterinary clinics (with no outside kennels); (6) Antique and gift shop; (7) Appliances, sales and service; (8) Art supplies and picture framing shops; (9) Artists' (such as painters, sculptors, and craftmakers) studios; (10) Attorneys; (11) Automotive accessories sales; (12) Bakery, retail; (13) Bathroom accessories; (14) Bicycles, sales and service (including rent- als); Supp. Mn 33 1332 (15) Bookstores, stationery and office sup- plies, newsstands; (16) Bookkeepers; (17) Butcher shop, retail only; (18) Cleaners; (19) Coin dealers; (20) Computers, hardware, software, and other electronics sales and service; (21) Confectionery and ice cream stores (includ- ing outside dining); (22) Copy shops; (23) Cultural institutions (such as museums, ntr 1• (24) Dance and music studios; (25) Reserved; (26) Drug and szandry ,otore�; (27) Employment agencies; (28) Financial institutions, banks, savings and loan; (29) Floor coverings; (30) Florist and gift shops (including outdoor display and sales); (31) Formal wear rentals; (32) Furniture, retail, new and used; (33) Grocers, retail; those whose business include and are limited to the retail sale of groceries including produce, meats and household goods but shall not include the sale of gasoline; (34) Gun shop; (35) Hair and beauty salons (including nail salons); (36) Hardware stores; (37) Health and exercise clubs and athletic training facilities; (38) Health food; (39) Hobby and craft shops; fabric stores; (40) Hospitals, and nursing homes; (41) Hypnotists; ZONING (42) Ice, retail (43) Insurance; (44) Interior decorating and draperies; (45) Jewelry stores; (46) Launderettes and laundromats; (47) Libraries; (48) Loan companies; (49) Locksmiths; (50) Luggage shops; (51) Medical and dental clinics and laboratories; (52) Micro -breweries and micro -wineries; (53) Nurseries, plants, trees, etc., retail (includ- ing outdoor display and sales); (54) Offices, professional and business; (55) Outdoor advertising signs sales offices; (56) Paint store; (57) Parking garages; stand-alone parking lots which meet the requirements for off -site parking as set forth in article IV, required improvements, division 6, off-street park- ing and loading, of this Code, except that off -site parking lots shall not be used for paid, short-term or long-term parking uses; (58) Pet shops and grooming; (59) Photographic studios; (60) Post office; (61) Private clubs and lodges; (62) Public and government services; (63) Radio and TV sales and service; (64) Religious assembly; (65) Rental shops; (66) Retirement homes; (67) Restaurants and outdoor dining; cafes; (68) Reserved; (69) Shoe repair shops; (70) Skating rinks; Supp. No. 33 (71) Sporting goods, retail; (72) Swimming pool sales, service and sup- plies; (73) Tailoring shops; (74) Taxidermists; (75) Telephone business office and exchanges and telemarketers (No dispatch); (76) Title companies; (77) Tobacco shops; (78) Toy stores; (79) Travel agencies; (80) Wearing apparel stores; (81) Public recreational facilities. (b) Outdoor display and/or sales are prohibited except by conditional use. (Ord. No. 44, § 44.47, 1-8-68; Ord. No. 264, § 1, 7-13.82; Ord. No. 619, § 11 7-8-96; Ord, No. 2002-07, § 4, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 200449, § 2, 12-13-04; Ord. No. 2006-19, § % 11-13-06; Ord. No. 2014-09, § 2, 4-28-14; Ord. No. 2025-10, § 2, 5-12-25) Sec. 20-233. Reserved. Editor's note —Ord. No. 2003-36, § 5, adopted Oct. 13, 2003, repealed former section 20-233 in its entirety which pertained to nonconforming uses and derived from Ord. No. 44, § 44.47.1, Jan. 8, 1968; Ord. No. 264, § 1, July 13, 1982. Sec. 20-234. Conditional uses. (1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys and similar uses), excluding public recreational areas and facilities which shall be permitted under section 20-232(81); (2) Animal hospitals and veterinary clinics with outside kennels; (3) Car wash; (4) Convenience markets and stores and self- service gasoline sales; 1332.1 (5) Mortuaries and funeral homes. (6) Schools. WINTER SPRINGS CODE (7) Daycare centers. (8) A multiple -family residential use that was lawfully approved and permitted as a conditional use by the City prior to the effective date of Ord. No. 2015-15 [January 25, 20161 shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the city when said use was previously permitted. (9) Self-service storage facilities, provided the property has frontage on State Road 419 and shall be subject to the supplemental design and operational requirements set forth in section 20423 (b) and (c) of the City Code. Additionally, for any property with double frontage on State Road 419 and State Road 434, the self-service storage facility shall require a 27-foot landscape buffer along State Road 434 and shall not be accessed from State Road 434. (Ord. No. 44, § 44.48, 1-8-68; Ord. No. 240, § 8, 5 26 81_; Ord, No. 2004-28, § 2, 7-12- 04; Oyu'. No. 2006-19, § 2, 11-I3-06; Ord. No. 2013-08, § 2, 8-1243; Ord. No. 2014-09, § 2, 4-28-14; Ord. No. 201545, § 2, 1-25-16; Ord, No. 202241, § 2) 1-23-23) Sec. 20-235. Building height regulations. In C-1 Neighborhood Commercial Districts, the building height shall not exceed fifty (50) feet. (Ord. No. 44, § 44A9, 1-8-68) Sec. 20-236. Overlay district regulations. Overlay district regulations may apply. (Ord. No. 44, § 44.50, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-237. Bulk regulations. ft. (1) Minimum front setback: Twenty-five (25) (2) Minimum rear and side setback: Fifteen (3) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 44, § 44.51, 1-8-68; Ord. No. 2004-28, § 2, 742-04) Sec. 20-238. Off-street parking regula- tions. Section 9-276 et seq. as to off-street parking regulations in C-1 Neighborhood Commercial Districts shall apply. (Ord. No. 44, § 44.52, 1-8-68) Sec. 20-239. Reserved. Editor's note -Ord. No. 2000-07, § 2, adopted May 8, 2000, repealed former § 20-239 in its entirety which pertained to the requirement of a wall between commercial and residential developments and derived from Ord. No. 710, § II, adopted Jan. 11, 1999, Secs. 20-240-20-250. Reserved. DIVISION 8. C-2 GENERAL COMMERCIAL DISTRICT Sec. 2©-G51. 1tn general. The lands of the 0-2 General Commercial District are to be used by a variety of commercial operations which serve the commercial needs of the community. The purpose of this district is to permit the normal operation of the majority of general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses, minimize the interruption of traffic along adjacent thoroughfares, promote aesthetic and architectural harmony, attractiveness, and compatibility within the community, and abide by the performance and development standards of the city, county, state and U.S. government. This district is intended for lands adjacent to or easily serviced by collector and major arterial roads adaptable to higher traffic generating general commercial uses. (Ord. No. 44, § 44.53, 1-8-68; Ord. No. 2002-07, § 3, 7-8-02) Sec. 20-252. Uses permitted. Within C-2 General Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: Supp. No. 33 1332.2 (1) Any permitted use allowed in C-1 Neighborhood Commercial Districts; ZONING (2) Automotive sales or vehicular storage of untagged vehicles associated with an automotive sales dealership. The property used for vehicular storage of untagged vehicles must be located adjacent to a state arterial road and within two (2) miles of the associated automotive sales dealership property, measured in a straight line from the nearest points of the respective lot boundaries. Vehicular storage visible from residential property uses shall be screened by an eight (8) foot screen wall made of brick, block, or other durable material. Landscape buffers shall be provided where vehicular storage is visible from arterial roadways; (3) Automotive renting and leasing; Supp. No. 33 1332.3 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 33 1332.4 ZONING Sec. 20-323. Permitted uses. T1 T2 T3 14 T5 ClP Administrative public buildings P P P Adult congregate living facility Cu Cu Cu Advertising agencies Cu P P Alcoholic beverage sales (package) P P Alcoholic beverage on -premises P P consumption Alterations and tailoring P P P Amusement enterprises, private com- Cu Cu mercial Antique and gift shop P P P Appliances, sales and service P P Artists' studios P P P Automobile repair shops (routine Cu service) Automotive accessories sales Cu Cu Bakery, wholesale and retail P P P Bed and breakfast inn P P P Bicycles, sales and service P P P Bookkeepers P P P Bookstores, stationery, newsstands P P Bus terminal (exclusive of bus stops) Cu Bridal shops P P Butcher shop, retail only P P P Carpets, rugs and linoleum P P Churches (with or without educational Cu Cu Cu Cu Cu and recreational buildings and facili- ties) Cleaners (retail) P P P Coin dealers P P P Computers, hardware and software P P P sales and service Confectionery and ice cream stores P P P Convention center CU P P Corner store or neighborhood P P P convenience store without gas pumps Corner store or neighborhood CUT convenience store with gas pumps Dance and music studios P P P Day care centers Cu Cu Cu Drug and sundry stores P P Dry cleaner P P Equestrian facilities Cu Cu Cu Employment agencies P P Financial institutions, banks, savings Cu CU and loan �r I Florist and gift shops P P P Furniture, retail, new and used P P Gas Stations Cu Cu Grocers, retail and wholesale Cu P P Gun shop (retail, no gun range) Cu P P Hair, nail and tanning salons P P P Hardware stores P P Health food P P P Hobby and craft shops P P P Home occupations P P P Supp. No. 33 1342.15 WINTER SPRINGS CODE Ti T2 T3 T4 T5 C/P Hospitals and nursing homes CU CU Hotel P Inn P P Insurance P P P Interior decorating and draperies P P P Jewelry stores P P P Launderettes and Laundromats CU CU Libraries P P P Loan companies CU CU Locksmiths P P P Luggage shops P P P Manufacturing and assembly of scientific and optical precision instru- ments CU P P Medical and dental clinics and laboratories CU CU Municipal buildings CU CU CU P Museums and/or cultural institutions Nurseries, plants, trees, etc., retail CU CU CU P P CU CU Offices P P P P Paint store P P Parking garages, standalone CU CU P Parks (public) and public recreation areas and facilities P P Pet shops and grooming P P P Photographic studios P P P Physical fitness and health clubs P P Post office (federal government) CU CU P Printers, commercial CU Private clubs and lodges CU P P Public restrooms P Public utilities and service structures CU CU CU CU CU CU Quick printers P P Radio and TV broadcasting studios, excluding towers P P Radio and TV sales and service P P Reception facilities (meeting rooms, etc.) P P P Rental stores, excluding auto/truck rentals P P P Retirement homes, including independent living through assisted living CU CU CU Residential, single family (attached) P P P Residential, single family (detached) P P CU Residential, multifamily CU CU Restaurants P P P Schools CU CU CU Shoe repair shops P P P Sidewalk cafes P P P Skating rinks CU CU CU Snack shops P P P Sporting goods, retail P P P Stadiums and arenas CU CU Swimming pools; sales, service and supplies CU CU CU Tailoring shops P P P Taxidermists CU CU Supp. No. 33 ZONING § 20-323 Theaters, not drive-ins TI T2 T3 T4 T5 P CAP P CU P P Title companies CU CU Tobacco shops P P P Town center marketing and sales P center P P P Toy stores P P P P P Trail heads P Travel agencies P P P Veterinary clinics (no overnight board- P P ing, except for indoor post -medical procedure observation, or outdoor ken- nels) P P P \Vearing apparel stores CU CU CU CU Any other similar retail store or busi- ness enterprise permitted in the relevant transect, provided the proposed use is not specifically limited to a different town center transect or some other zoning district within the city and provided a conditional use is approved by the city commission. Approved conditional use may be conditioned upon a required develop- ment agreement at the discretion of the city commission or as required by the City Code to address development terms and conditions related to the approved conditional use use. (1) Notwithstanding section 20-418 of the City Code regarding gasoline stations, a conditional use may be approved by the city commission for an expanded neighborhood convenience store. The store must be between four thousand (4,000) to five thousand (5,000) square feet and primarily offer traditional convenience store items, including dairy, bakery, tobacco, beverages, grocery, health and beauty aids, newspapers and magazines, lottery sales as inay be approved by the state, and confectionery. Additionally, it must feature expanded grocery products, fresh fruits and vegetables, significant fast or prepared food operations and seating, coffee bars or kiosks, and gasoline sales with no more than twelve (12) fueling positions. The store must also be located at the corner of an arterial road intersection. P—Permitted by right. CU—Conditional use. Supp. No. 33 1342.17 WINTER SPRINGS CODE Main Street (Tuscawilla Road): Winter Springs Town Center (Ord. No. 2012-06, § 2, 3-12-12; Ord, No. 2014-09, § 2, 4-2844; Ord. No. 2016-07, § 2, 44146; Ord. No. 2016-07, § 2(Exh. A), 441-16; Ord. No. 2019-09, § 3(Exh. A), 640-19; Ord. No. 2022-04, § 2, 1242-22; Ord. No. 2025-09, § 2, 5-12-25) Sec. 20-324. General provisions. The following general provisions apply to all street types. (1) Corner radii and clear zones. Corner curb radii shall be between nine (9) feet and fifteen (15) feet, with the following permitted exceptions: 1) where a curb radius must be larger in order to meet the minimum requirements to obtain a required permit from another agency (FDOT, Seminole County, etc.); and 2) where the fire marshal has determined that a larger curb radius must be provided. Fairly tight turning radii shorten pedestrian crossings and inhibit reckless drivers from turning corners at high speeds. To allow for emergency vehicles (e.g., fire trucks) to turn corners, a twenty -five-foot radius clear zone shall be established free of all vertical obstructions including but not limited to telephone poles, sign poles, fire hydrants, electrical boxes, or newspaper boxes. Supp. No. 33 1342.18 ZONING (c) A violation of this section maybe prosecuted before the code enforcement board or special magistrate or shall be classified as class I civil citation violation. (Ord. No. 2009-02, § 2, 8-10-09; Ord. No. 2015- 22, § 18, 10-26-15) 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. (b) Definitions. For purposes of this section, the following terms shall be defined as follows: (1) "Driveway" shall mean a path designed for vehicles, and permitted by the city, that connects a residential unit or garage with a public or private street. circular or unless the lot configuration, natural topography, natural feature, or entrance alignment with a public or private street prevent the driveway from being located elsewhere. (3) The driveway shall be constructed with one or more of the approved construction materials identified in subsection (e). (4) The driveway meets other applicable design standards set forth in the City Code including, but not limited to, the technical specifications set forth in chapter 9. (d) Minimum designated parking area design standards. The minimum design standards for designated parking areas constructed on residential lots are as follows: (2) "Designated parking area" shall mean a (1) A maximum of one designated parking separate outdoor area on a residential lot area shall be allowed per residential lot which is designed in accordance with the to the extent that sufficient area exists, requirements of this section for the park- within the front or side yard on the lot, to ing of vehicles. safely accommodate at least one vehicle (3) "Redeveloped" shall mean (i) a tear down within the designated parking area. of an existing residential unit for purposes (2) If the designated parking area is located of constructing a new residential unit on within the front yard, the designated the same lot as the tear down; (ii) the parking area shall be located parallel construction of a new driveway or and adjacent to one side of an existing designated parking area on a residential lot; (iii) the construction of an additional driveway on the lot, and the designated garage or carport; and (iv) the expansion parking area shall not extend beyond of an existing residential unit by more any sidewalk located on or adjacent to than fifty (50) percent of the existing the lot. (See Illustration 20-439 below.) gross square footage. (3) If the designated parking area is located (c) Minimum driveway design requirements. within the side yard, the designated park - The minimum design standards for driveways ing area shall be required to extend from constructed on residential lots are as follows: an existing driveway. (See attached (1) The width of the driveway shall not Illustration 20-439 below.) exceed the width of the garage or carport, whichever is greater. If the lot does not (4) The designated parking area shall be have a garage or carport, the minimum constructed with one or more of the width shall be ten (10) feet. approved construction materials identi- fied in subsection (e). (2) The driveway shall not be located in the middle of the front yard unless the (5) The designated parking area shall not driveway is designed and permitted to be exceed twelve (12) feet in width. Supp. No. 33 1365 WINTER SPRINGS CODE (e) Approved construction materials. Driveways and designated parking areas on residential lots shall be constructed of the following materials: (1) For residential lots developed or redeveloped after August 11, 2009, driveways and designated parking areas shall be constructed of concrete, asphalt, decorative pavers, brick, Eco-brick, crushed rock, gravel, geo-web with gravel, or turf block. However, mulch may be used for designated parking areas provided an impervious border is constructed pursuant to subparagraph (e)(3). (2) Subject to the conditions set forth in subsection (e)(1) and (3), driveways and designated parking areas on residential lots that are existing on August 11, 2009 shall be allowed to continue to use exist- ing construction materials, provided said materials are concrete, asphalt, decora- tive pavers, brick, Eco-brick, crushed rock, gravel, geo-web with gravel, turf block, mulch, bark, or compacted or stabilized earth. (3) Whenever a driveway or designated park- ing area is constructed of gravel, web, crushed crushed rock, mulch or bark in accordance with the requirements of this section, the area shall be defined by an impervious border which is intended to reduce the migration of the materials used to construct said area. (f) When driveway construction permit required. A driveway construction permit shall be required from the building division, community develop- ment department, whenever impervious materi- als are used to construct a driveway or designated parking area, or whenever a new designated parking area is constructed on any residential lot. (Ord. No. 2009-02, § 2, 8-10-09; Ord. No. 2025- 01, § 4, 1-27-25) Supp. No. 33 1366 \ ZONING § 20-450 y Secs. 20-440-20-450. Reserved. ILLUSTRATION 20-439 (A) FRONT YARD STANDARD Pt ; U Fwa: ytrd f ron; ya d P: p; i Front ya•d Ar Street ILLUSTRATION 20-439 (B) SIDE YARD STANDARD i D ' Only I P — I — i Di iD'Ar p ;p ;p p A; f tint yard F'rontyard l Front yard _Driveway f .OPA _ j Designated Parking Area ®Garage Area � Sidewalk Supp. No. 33 1367 WINTER SPRINGS CODE DIVISION 3. SITING AND REGULATION OF TELECOMMUNICATIONS TOWERS* Sec. 20-451. Telecommunications towers. (a) Definitions. Antenna shall mean a transmitting and/or receiving device used in telecommunications that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni- directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations. Co -location shall mean telecommunications tuwers i,liaL have the potential to have three (3) or more carrier antennas located on it. Development review conznzittee shall mean the city staff composed of the city manager, land development coordinator, city engineer, public works/utilities director, community development coordinator, building official, police chief, fire chief. Guyed tower shall mean a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors. Lattice tower shall mean a telecommunica- tions tower that is constructed with a series of struts forming a non -solid surface tower, without guy wires standing on and fastened to an in,, groundpier. Microwave shall mean a dish antenna, or a dish -like antenna used to link commnunication sites together by wireless transmission of voice Oil data. Monopole tower shall mean a telecommunica- tions tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires with ground anchors. "Editor's note —Ord. No. 645, § I, adopted July 14, 1997, amended the Code by adding provisions designated as § 20- 434. In order to avoid conflicts in section numbering the editor has redesignated the provisions of Ord. No. 645 as § 20-45L S11pp. No. 33 1368 Panel antenna shall inean an array of anten- nas designed to concentrate a radio signal in a particular area. Personal wireless services shall mean any personal wireless service defined in the Federal Telecommunications Act which includes Federal Communication Commission (FCC) licensed com- mercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging as well as unlicensed wireless services, and common carrier wireless exchange access services. Stealtlz facility shall mean any telecommunica- tions facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof - mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to lool� lilTe light polo,, njoi o power poles or trees. Teleconznzttnications tower shall mean a monopole tower constructed as a free-standing structure greater than thirty-five (35) feet and no more than one hundred sixty-five (165) feet in height including antenna, which supports com- munication, transmission or receiving equip- ment. The term includes towers for the transmission or receiving television, AM/FM radio, digital, microwave, cellular telephones, or similar forms of electronic communication, The term excludes radar towers, radio support structures licensed by the FCC, transportable communica- tion devices, private home use of satellite dishes and television antennas and satellite earth sta- tions. Whip antenna shall mean a cylindrical antenna that transmits signals in three hundred sixty degrees (360) degrees. (b) Findings and intent. The city has with increasing frequency received requests to approve sites for telecommunications towers. Land development regulations have not adequately identified specific procedures to address recur- ring issues relating to the approval of locations for telecommunications towers. Therefore, it is the intent of this section to address the recurrent ZONING issues pertaining to the approval of telecom- munications towers upon parcels located in the city. Accordingly, the city commission finds that the promulgation of this section is warranted and necessary: (1) To protect residential areas and land uses from the potential adverse impacts of telecommunications towers when placed at inappropriate locations or permitted without adequate controls and regula- tion consistent with the provisions of law; (2) To minimize the adverse visual impacts resulting from telecommunications towers through sound and practical design, siting, landscape screening, and innovative camouflaging techniques all in accordance with generally acceptable engineering and planning principles and the public health, safety and welfare; (3) To avoid potential damage to adjacent properties through sound engineering and Supp. No. 33 1369 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 33 1370 Ordinance Number Date Section K3 4 2022-02 4-25-22 2 2022-03 3-28-22 2 2022-04 12-12-22 2 2022-09 9-12-22 2 2022-10 9-12-22 2 Ono 2-11 1-23-23 2 2023-01 2-27-23 2 2023-05 6-12-23 2 2023-07 12-11-23 2 3, 4 2023-08 8-14-23 2 2023-10 11-16-23 2 202343 12-11-23 2 3 2024-01 1-22-24 2 2024-05 34 1-24 2 2024-07 8-26-24 2 2024-08 8-26-24 2 Supp. No. 33 2107 Add Section this Code ed 548(c)(8) Ch. 5, App. B Ch. 5, App. C Rpld Ch. 20, Art. VI, Tables 1, 2 Rpld 11-4 Added 2-650 Added 14-2 Added 18-220,18-221 20-28 2-27(c), (m) Rpld 8-1-8-9, 8-31-8-34, 8-51-8-55 Added 8-1, 8-11-8-62, 8-81-8-95, 8-98-8-110 Rpld 9-101(a)(2) Added 9-241(d)(4) Added 6-82 19-312119-314, 19-315, 19-317, 19-322 2-29 20-323 Added 13-5 5-4, 5-4.5, 5-9, Table 1 20-1 Added 20-234(9) Added 20-261(9) 20-346 20-346.1(18) Added 20-423 2-27(l) 2-1511 2-152 9-1 9-241 2-30 Added 14-3 19-102 19-138 12-53 6-300 6-84 6-86 6-187 6-191 Rpld 6-193 20-1 20-28 20-29 20-29.1 20-325 20-413 20-431 2024-08 8-26-24 2 Supp. No. 33 2107 Add Section this Code ed 548(c)(8) Ch. 5, App. B Ch. 5, App. C Rpld Ch. 20, Art. VI, Tables 1, 2 Rpld 11-4 Added 2-650 Added 14-2 Added 18-220,18-221 20-28 2-27(c), (m) Rpld 8-1-8-9, 8-31-8-34, 8-51-8-55 Added 8-1, 8-11-8-62, 8-81-8-95, 8-98-8-110 Rpld 9-101(a)(2) Added 9-241(d)(4) Added 6-82 19-312119-314, 19-315, 19-317, 19-322 2-29 20-323 Added 13-5 5-4, 5-4.5, 5-9, Table 1 20-1 Added 20-234(9) Added 20-261(9) 20-346 20-346.1(18) Added 20-423 2-27(l) 2-1511 2-152 9-1 9-241 2-30 Added 14-3 19-102 19-138 12-53 6-300 6-84 6-86 6-187 6-191 Rpld 6-193 20-1 20-28 20-29 20-29.1 20-325 20-413 20-431 WINTER SPRINGS CODE Ordinance Number Date Section Ord. No. 2024-14 10-14-24 2 Ord. No. 2025-01 1-27-25 2 3 4 Ord, No. 2025-02 1-27-25 2 Ord. No. 2025-03 2-10-25 2 Oxd. No. 2025-06 4-14-25 2 Ord. No. 2025-07 3-31-25 2 Ord. No. 2025-08 4-14-25 2 3 Ord. No. 2025-09 5-12-25 2 Ord. No. 2025-10 5-12-25 2 Ord. No. 2025-11 5-12-25 2 Section this Code 20-464 20-468 Added 2-3, 2-4 5-3, 5-4 5-6 5-18 Rpld 9-8 Added Ch. 9, Art. VI, §§ 9- 326-9-328 20-439 9-1, 9-2 9-4, 9-5 Added 9-7(c) 9-11 9-14 Added 9-15 Rpld 9-26 9-46-9-49 9-71-9-74 Rpld 9-75 9-76-9-78 14-3 14-1 Rpld Ch. 14, Art, II, 14-26-14-29 Added Ch. 2, Art. IX, §§ 2- 400-2405 Rpld 2-43-2-46 Added 2-4312-44 20-323 9-278 20-232(57) 19-164 [The next page is 2145] Supp. No. 33 2108 STATE LAW REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes foRowing the text, of references to the state law or related matters. State Const. Section Article Section this Code VIII 2 10-87, 18-153 g 29 20-1 Flo Adm. Code Section F.S. Section Chapter this Code Section this Code 17-50 19-92(c) 162.06(2), 162.06(3) 2-59 19-95(b) 162.07 2-60 19-95(c) 3-3 19-129 162.21 19-255 17-555.360 Ch. 19, Art. IV, 162.21(3)(b) 19-323 Div. 2 162.22 340, 10-57 62-340 19-315 Ch. 163 9-391, 10-52 20-26 F.S. Section Ch. 163, Pt. II 9-386.1 Section this Code 9-500 20-28(a) 20.30 20-232(a)(64) 163,045 5-4.5 34.191 11-1 163.3161 et seq. 9-386.1 Ch. 50 2-61 163.3164 2-30 50.041 2-61 163,3171 et seq. Ch. 15 50.051 2-61 163.3180 9-546, 9-547 60.05 13-74 9-550, 9-551 Ch. 97, Ch. 98 2-89 163.31801 9-386.1 99.093 2-88 163.3181(3) 20-102(f) 100,201 et seq. 2-94 163.3202 9-391 1000361 2-26(b) 163.3209 54.5 Ch. 101 2-93 163,3215 20-35 101.62-101.70 2-92 16303220-16304243 20-336 1010657 2-96 Ch. 166 Cho 112,3143 2-30 9-386.1 Ch. 140 18-26 20-26 Ch. 102 2-85 20-28(a) 2-93 1660021 10-87 119.07 18-29 18-153 1610055 8-40 166.032 2-89 Ch. 162 Ch. 2, Art, III, Div. 1664033 2-30 2 1660041 1-11 2-56, 6-32 10-52 5-18 20-102(f) 8-62 18-153 13-5 20-104 19-174 16600415 19-255 Ch.162, Pt. I 2-56, 2-62 166.0442 14-3 162.04 13-39 166.201 et seq. Ch. 2, Art. VI 162.05 2-57 Ch. 18 162.05(3) 2-58 166,221 Ch. 10 Supp. No. 33 2145 F.S. Section 166.231 166.231 et seq. 166.0425 166.3161 170.01 et seq. Ch. 171 Ch. 177 177.073 Ch. 180 et seq. 189,4042 197,3632 197.3635 200.065 Ch. 202 202.11 202.20 203.012 Ch. 205 205.043(c) 205.053 205.053(1) 20669925 Ch. 212 Ch. 218 286.0114 MOM 286.012 315.1956 Ch. 316 WINTER SPRINGS CODE Section this Code 18-29, 18-30 Ch. 18, Art, II Ch. 16, Art. III 20-104 Ch. 17 Ch. 21 Art, V Ch. 9 9-2, 9-9 9-46 Ch. 17 18-121 18-151 18-151 Ch. 2, Art, VI 18-28 18-26 18-31 18-26 Ch. 10 Ch. 10, Art. II 10-30 10-32 10-29 17-103 18-27 Ch. 2, Art. VI 2-28 2-30 2-30 12-65 Ch. 12 12-2 13-26 17-102 20-431(1)a. 3164003 12-82 316.061 12-100 20-438 316.008(1)(e) 17402 316.0083 12-84,12-87 12-88 31600745 12-89 316,193 12400 316.1945(b)(2) 7-4 316.1955 et seq. 20-467,20-483 20-504 316.2055 Ch. 16, Art. II 31602065 13-62 31602126 6-87 316,293 1344 3160640 12-86 316.646(4) 12-100 Ch. 318 12-2 Supp. No. 33 2146 F.S. Section 318.14 Ch. 320 320.01 320601(1) 320.8249 Ch. 322 322.03 322.34 Ch. 324 337.401 366.02 Ch. 373, Pt. IV 373.036 376.031 Ch. 380.06 RR 1 0064i 381.986 403.413(4) 403.415 n_,03.�337 403.9338 413.08 458.3265 459.0137 479.155 Ch. 480 482.1562(9) 489.105 489.127 489.132 500.80 Ch. 509 509.013(4)(a)l. 509.102 509.102(1) 533.73 538.01 et seq. Ch. 553 553.06 553.19 553.73 553.73(5) 563.73(10)(k) 553.955 et seq. 559.955 Chs. 561-565 Section this Code 12-87 12-2 8-1 12-100 8-89 12-2 12-100 12-100 12-100 18-31 8-35 9-241 8-40 17-103 9-403 a �n 20-1 12-100 13-36 Ch. 16, Art. II 19 323 19-312 17-107 13-72, 20-259 20-421, 20-452 13-72, 20-259 20-421, 20452 Ch. 16, Art, III 10-55 19-312 6-32 6-270, 6-272, 6-274, 6-275, 6-279 6-270, 6-272 20-1 13-5 13-5 20-650 20-650 6-31, 6-32 Ch. 10, Art, VI Ch. 6 Ch. 6, Art, III Ch. 6, Art. V Ch. 6, Art. IV Ch. 6, Art, V 6-81 8-51 8-35 6-6 13-5 10-73 STATE LAW REFERENCE TABLE F.S. Section F S. Section Section this Code Section this Code 561.01 17-108 849.16 10-115 561.01 et seq. Ch. 3 8494231 17-108 561.14 3-3 8560015 17-108 561.20(7)(a) 3-3 865.09 10-68 562.45(2) Ch. 10, Art. III, Div, 2 865.09 10-61 570.02 19-312 874.03 13-72,13-74 585.001 17407 Cho 893 10-73 585.01 17-107 893.02 12-100 604.50 8-35 893.03 17-124 Ch. 633 Ch. 7, 7-46 893.13 13-74 7-50 893,138 13-72, 13-74 6336521 7-54 Cho 893 13-72 Ch. 650 Ch. 14, Art, II 8936138 1340 Ch. 705 12-53 Cho 895 10-73 705,101 et seq. 2-1 943.085-943.255 2-68 Ch. 718 13-5 943.25(13) 11-2(a), 11-2(b) Ch. 719 13-5 Ch. 720 13-5 77500821 775,083 2-69.5(e), 11-1 12-88 7840011 13-74 784,021 13-74 784.03 13-74 7846045 17-124,13-74 790.001 17-105 790.33 17-105 791.01 17405 Ch. 794 10-55, 10-73 Ch. 796 10-521 10-55, 10-73 796.07 13-72, 13-74 12-100 Ch. 800 10-55, 10-73 800.03 12-100 806.101 7-3 806.13 12-100 810.02 1344 810.09 17-109 812,131 13-74 8126014 13-74 812,019 13-74 817.32) 817.33 Ch. 10, Art, IV 823,041 17-107 823.14 19-320 Ch. 826 10-55, 10-73 Ch. 827 10-73 Ch. 828 Ch. 4 843.01 17-124 Ch. 847 10-55, 10-73 847.13 10-55 84760133 10-55 Ch. 849 10-115, 17-108 849.04 Ch. 10, Art. IV 849.07 Ch. 10, Art. IV [The next page is 21971 Supp. No. 33 2147 CODE INDEX Section Section A ADULT ENTERTAINMENT ESTABLISH- MENTS, SEXUALLY ORIENTED BUSI- ABANDONMENT NESSES (Cont'd.) Abandoned property; disposition by city.. 2-1 Local business tax receipts/home occupa- City-owned property; disposal of surplus tions .............................. 10-93 property .......................... 2-194 Measurement of distance................ 10-102 Motor vehicle abandonment ............. 12-53, 12-54 Notice ................................. 10-56 Nonconformities ........................ 9-565 Obscenity/indecent exposure unlawful ... 10-54 Street and alley abandonment........... 17-27 Operation contrary to operational require - ACCOUNTS, ACCOUNTING ments. ............................ 10-85 Sewerage revenue generation system Other offices and departments, responsibili- Account established .................. 19-126 ties of............................. 10-59 Accountant certification of adequate Penalties/remedies/relief ................ 10-57 maintenance .................... 19-129 Prohibited locations for ................. 10-101 Provisions ACTIONS. See: SUITS, ACTIONS AND Adult performance establishment ..... 10-79 OTHER PROCEEDINGS Adult theater ........................ 10-78 Commercial bodily contact establish - ADULT ENTERTAINMENT ESTABLISH- ments .......................... 10-80 MENTS, SEXUALLY ORIENTED BUSI- Savings''......'', 10-92 NESSES Unlawful Application Hours of operation ................. 10-89 Contents of., 10-61 Minors............................ 10-87 Fee; generally ........................ 10-60 Records........................... 10-88 Investigation of applicant,. 10-64 Sexual encounter businesses Reapplication after denial ............ 10-67 prohibited/prohibited acts ..... 10-94 Reasons for denial of..... It *a **WI 1 10-66 Special prohibited acts; commercial Commercial bodily contact establishments, bodily contact ................ 10-91 prohibited. 10-92 Special provisions relating to escort Consent. . 10-63 and escort services ........... 10-90 Construction ........................... 10-53 Purpose, findings and intent/incorpora- Continuing duty/false or misleading tion of whereas clauses ............ 10-52 information ....................... 10-62 Records and reports Definitions''. 110104 11 64 so 10-55 Generally............................ 10-70 Engaging in prohibited activity Unlawful provisions, records.......... 10-88 Customers ........................... 10-82 Worker records .....................1 10-75 Workers/operators, 1* 4 0 * I a 6 0 0 10-83 Sexually oriented businesses............ 10-77 Escorts and escort services Short title, 10-51 Escort service, generally .............. 10-81 Use of restrooms or dressing rooms ...... 10-86 Special prohibitions relating to, unlaw- Zoning. 10-100 ful provisions ................... 10-90 ADVERTISING. See: SIGNS AND Establishment name change ............ 10-72 ADVERTISING General requirements. I I 1 0 9 10-76 Immunity from prosecution ............. 10-95 AFFIRMATION. See: OATH, AFFIRMA- License TION, SWEAR OR SWORN Annual fee. 10-68 Application and application fee ....... 10-60 AGENCIES OF THE CITY. See: DEPART - Contents of application. . 1 6 a 0 a 10-61 MENTS AND OTHER AGENCIES OF Contents of, term of, renewals, expira- CITY tion, lapse, nonconforming AGREEMENTS. See: CONTRACTS AND establishments. 10-69 AGREEMENTS Issuance or denial of ................. 10-65 Operation without ................... 10-84 ALARMS, ALARM SYSTEMS Reapplication after denial ............ 10-67 False alarms Reasons for denial of application of ... 10-66 Prohibited. 7-28 Required ............................ 10-58 Warning notice....................... 13-58 Suspension and revocation Fire and security alarms Of license, generally... 10-73 Automatic shut-off of alarm........... 13-56 Proceedings ....................... 10-74 Classification of alarm ............... 13-57 Transfer of .......................... 10-71 Compliance for existing system ....... 13-53 Supp. No. 33 3111 ALARMS, ALARM SYSTEMS (ConfdJ Definition ........................... Disconnection of system .............. Emergency telephone number........ . False alarms Warning notice ................... . Installation, modification, notice of... . Reset, disabled system, response to .. . Service fee ........................... Waiver of fee, 0 1 1 V V 0 4 0 4 6 1 1 0 4 0 8 0 4 V I V . ALCOHOLIC BEVERAGES Bottle clubs prohibited .................. City parks and recreational areas Alcoholic beverages/tobacco products; gambling ....................... Definitions ............................. Hours of sale; hours consumption prohibited in places of public accommodation . . Location of business prohibited near church or school .......................... Nudity prohibited upon alcohol licensed premises, bottle clubs ............ 0 . Open containers in public places ....... . Penalty................................ MaLe of emergency (declaration of) ..... . Vendors (alcoholic beverage) in town center AMENDMENTS Additions and amendments deemed incorporated in Code, Altering Code .......................... Amendments to Code; effect of new ordinances; amendatory language. . Buildings Florida Building Code Technical amendments to the Florida Building Code ............... . Florida Building Code, administrative amendments to. See: BUILDINGS Florida Fire Prevention Code, local amend- ment to ........................... See: FIRE PREVENTION AND PROTECTION Zoning Districts, amendments re ............ . Ordinances, alterations, changes or amendments .................. 0 . AMUSEMENTS AND AMUSEMENT PLACES Dance halls; permit required; conduct in dance halls, 6 1 0 & I I V 0 0 0 0 6 Noise disturbances prohibited Specific provisions Places of public entertainment .... . Slot machines, devices .................. ANIMALS AND FOWL Animal control and protection ordinance of Seminole County, Florida, adopted Supp. No. 33 WINTER SPRINGS CODE Section Section ANIMALS AND FOWL (Cont'd.) 13-51 City parks and recreational areas 13-61 Domestic and other animals .......... 17-107 13-55 Kennel zoning, V 4 6 V 0 W 0 6 & a 0 4 0 6 0 6 1 0 0 6 0 6 1 0 a 20-416 Noise disturbances prohibited 13-58 Specific provisions ................... 13-31(c) 13-52 Zoning regulations for animals .......... 20-413 13-54 13-59 ANNEXATIONS 13-60 Annexations east of DeLeon Street prohibited ........................1 2-118 Certain ordinances not affected by Code . 1-7(9) 3-5 Fee .................................... 2-116 Waiting period for annexation ........... 2-117 17-108 ANTENNAS 3-1 Television dish antennas ................ 6-83 3-4 APPEALS Variances and appeals. 8-51 et seq. 3-2 See: FLOOD DAMAGE PREVENTION 3-10 APPROPRIATIONS 3-7 Certain ordinances not affected by Code . 1-7(7) 3-8 n 2-255 ARBORS. See: TREES AND SITP,1TTiI F, T_ 3-3 ASSESSMENTS Annual fire rescue assessments ......... 18-151 et seq. See: FIRE RESCUE ASSESSMENT 140 Local improvements 1-14 Certain ordinances not affected by Code 1-7(8) Local improvements assessments ........ 18-51 et seq. 1-11 See: TAXATION ATHLETIC FACILITIES Use of city athletic facilities; fees ........ 2-2 6-82 AUDITS, AUDITING City -owned property, recording and identifying re auditing procedure ... 2-192 7-46 et seq. AUTOMATIC FIRE SPRINKLER SYSTEMS Florida Fire Prevention Code, local amend- mentto ........................... 7-60 20-104 AWNINGS Permit for erection of awnings over 20-6 sidewalk Fee.................................. 17-52 Required; application, 17-51 10-111 B BANNERS -31(f) Signs and advertising requirement ...... 16-87 13 10-115 BARBED WIRE. See: FENCES, WALLS, HEDGES AND ENCLOSURES BARRICADES 4-1 Street excavation barricades ............ 17-80 CODE INDEX Section Section BARS BUILDINGS (Cont'd.) Alcoholic beverage regulations generally. 3-1 et seq. Building erected or altered in violation of See: ALCOHOLIC BEVERAGES provisions, use of .................. 6-3 Building inspector BEER Swimming pool inspection .6-213 Alcoholic beverage regulations generally. 3-1 et seq. ........... Building official See: ALCOHOLIC BEVERAGES Authority to stop work if contrary to BIDS, BIDDING. See: FINANCES public welfare. & 4 & * 0 * 0 * 0 1 & & # a 0 q * V 6-5 BILLBOARDS. See: SIGNS AND ADVERTIS- Citations; unlicensed contractors; failure ING to obtain a building permit Administrative hearings; accrual of BLASTING AGENTS, See: EXPLOSIVES penalties ....................... 6-278 AND BLASTING AGENTS Appeals of code enforcement board or BOARDS, COMMITTEES AND COMMIS- special magistrate decisions ..... 6-279 SIONS. See: DEPARTMENTS AND Citation authorized for construction OTHER AGENCIES OF CITY contracting violations ........... 6-272 Citation form ........................ 6-273 BOATS Correction of violation; payment of Noise disturbances prohibited penalty; notice of hearing........ 6-277 Specific provisions Findings ............................. 6-271 Motorboats ........................ 13-31(i) Intent and purpose................... 6-270 Vehicle and boat repairs ........... 13-31(e) Notices .............................. 6-281 BOND ISSUES Penalty .............................. 6-274 Certain ordinances not affected by Code . 1-7(2) Recording code enforcement board or special magistrate orders........ 6-280 BONDS, SURETY OR PERFORMANCE Refusal to sign citation ............... 6-275 City -owned property supervision and Stop work ........................... 6-276 control, bond for custodian re ...... 2-193 City parks and recreational areas Street excavations, bond requirement.... 17-77 Injuring, interfering with, etc., build - BOOKSTORES ings and other property ......... 17-114 Adult entertainment establishments boob. 10-55 et seq. Code enforcement ...................... 2-56 et seq. See: ADULT ENTERTAINMENT See: CODE ENFORCEMENT ESTABLISHMENTS, SEXUALLY Codes ORIENTED BUSINESSES Energy efficiency code adopted........ 6-6 Florida building code. See herein that BOTTLE CLUBS subject Prohibited.*...,. be 41 6004 0*14*00*41644 so 3-5 Compliance with provisions ............. 6-2 BOTTLES Construction sign'' be so 04 11406 004 old 6 6 0 b 16-59 Prohibitions ............................ 13-2 Construction site management.......... 6-88 Construction management plan....... 6-88(1) BUDGET. See: FINANCES Contractor/owner responsibility ....... 6-88(3) Erosion and run-off control ........... 6-88(7) BUILDINGS Final site clean-up; repair damage to Accessory buildings ..................... 6-84 ublic ro ert 6-88(4) Accessory dwelling units ................ 6-85 P P P Y Administration Requirements durringing weather Florida building code emergency ...................... 6-88(5) Applicability .......6-88(5)a Administrative amendments to ............... Chapter 1.................... 6-31 Dumpsters........................ 6-88(5)e Administrative amendments to Inspection. 6-88(5)c ........................ Chapter 2 .................... 6-32 Material capable of becoming airborne 6-88(5)h ........... Adoption of appendices. 6-34 Materials stockpiled on -site .boob... 6-88(5)d P Local wind speed design criteria ...... 6-33 Notice ............................ 6-88(5)b Annual fire rescue assessments ... oboe*, 18-151 et seq. Roofing materials —Hurricane season 6-88(5)g See: FIRE RESCUE ASSESSMENT Temporary construction fence boob.. 6-88(5)i Automatic fire sprinkler systems Temporary toilets. . 0 M 4 q I I a 0 0 6-88(5)f Florida Fire Prevention Code, local Temporary toilet facilities for workers. 6-88(2) amendment to .................. 7-60 Violations; enforcement............... 6-88(8) Supp. No. 33 3113 BUILDINGS (Cont'd.) Contractors Unlicensed contractors. See herein: Cita- tions; Unlicensed Contractors; Failure to Obtain a Building Permit Declaration of a state of emergency..... . Suspension of local regulations ....... Electrical, plumbing, mechanical and gas work.............................. Energy efficiency code adopted ......... . Fences, walls and hedges ............... . See: FENCES, WALLS, HEDGES AND ENCLOSURES Flood damage prevention. . See: FLOOD DAMAGE PREVENTION Florida Building Code Administration. See herein that subject Adopted............................. Electrical, plumbing, mechanical and eas work ......... Technical amendments to the Florida Building Code .................. Inspections. See herein: Permits and Inspections International Property Maintenance Code Adopted............................. Preemption; Florida Building Code; Florida Fire and Life Safety Code Supplemental; minimum standards .. . Land development ...................... See: LAND DEVELOPMENT Noise disturbances prohibited Specific provisions Construction ...................... Power tool equipment and power ground maintenance equipment Occupant Definitions and rules of construction . . Outdoor display/billboard ............... See: SIGNS AND ADVERTISING Owner Definitions and rules of construction . . Keeping surrounding property clean, responsibility re ................ Permits and inspections Failure to obtain building permit. See herein: Citations; Unlicensed Contractors; Failure to Obtain a Building Permit Signs; building permit required ...... . Purpose, . a & I I q 0 a 0 6 a M V 4 0 W 0 0 a 6 1 0 4 0 0 Restricted hours of building construction or installation or construction of subdivision improvements......... . Screen enclosures/rooms ................ Storage Temporary structures ................ Swimming pools ........................ See: SWIMMING POOLS Television dish antennas, . WINTER SPRINGS CODE Section Section BUILDINGS (Cont'd.) Uniform building numbering system Administration and assignment of number, . a I 1 0 0 0 0 a 1 9 V 0 0 6 & V 0 0 0 * * m P umber......................... 9-373 Code enforcement special magistrate 2-255 authority ....................... 9-376 2-264 Definitions .......................... 9-370 Establishment of system, 9-372 6-101 Posting of numbers. 9-374 6-6 Purpose ............................. 9-371 6-186 et seq. Urban beautification, . 2-76 et seq. See: URBAN BEAUTIFICATION Violations, penalty., 6-4 8-1 et seq. Zoning regulations ...................... 20-1 et seq. See: ZONING BURNING 6-81 Open-air burning regulated ............. 7-26 BUSES. See: MOTOR VEHICLES AND F_7ni T.0 si' iU I CABARETS Adult entertainment e tabl shm nt^ ..... 10 55 et: seq. 6-300 See: ADULT ENTERTAINMENT ESTABLISHMENTS, SEXUALLY 6-302 ORIENTED BUSINESSES 6-301 9-2 et seq. CAMPAIGNS. See: ELECTIONS CANALS Prohibitions ............................ 13-2 13-31(d) CANDIDATES. See: ELECTIONS 13-31(k) CANVASSERS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS 1-2 CARPORT SALES 16-77 et seq. At-home sales .......................... 10-137 CATS 1-2 Animal regulations generally............ 4-1 et seq. See: ANIMALS AND FOWL 13-3 CERTIFICATES, CERTIFICATION Flood damage prevention Administration Site plans and construction docu- ments 16-53 Additional analyses and certifica- tions ...................... 8-43 6-1 Sewerage revenue generation system Accountant certification of adequate 11-6 maintenance .................... 19-129 6-86 CHURCHES Adult entertainment establishments 6-87 Prohibited locations .................. 10-101 6-210 et seq. Alcoholic beverage sales prohibited near . 3-2 Sexually oriented businesses 6-83 Prohibited locations .................. 10-101 Supp. No. 03 3114 CODE INDEX Section Section CITY CODE ENFORCEMENT (Cont'd.) Definitions and rules of construction..... 1-2 Powers .............................. 2-59 Trees; care and maintenance ............ 5-11 Wastewater system, enforcement board 19-30 Use of city athletic facilities; fees ........ 2-2 Definitions ............................. 2-57 Duration o£lien. ....................... 2-64 CITY CLERK Enforcement procedures ................ 2-60 Election Intent. I f 0 V V a I a * 0 * 0 1 1 1 4 2-56 Additional duties re....''.. 2-95 Provisions are supplemental. 2-65.1 Supervisor, city clerk as .............. 2-81 Scheduling and conduct of hearing....... 2-62 Supervision by city manager ............ 14-2 Service of notice ........................ 2-61 CITY COMMISSION CODE ENFORCEMENT BOARD. See: CODE Additional rules of conduct. 2-29 ENFORCEMENT Addressing the mayor and city commis- sions I I 1 2-28 CODE OF ORDINANCES* Annual fire rescue assessments ......... 18-151 et seq. Additions and amendments deemed See: FIRE RESCUE ASSESSMENT incorporated in Code. . 1-10 Conservation lands—Supermajority vote Altering Code .......................... 1-14 required .......... 0 1 .............. 2-3 Amendments to Code; affect of new Conveyance of park lands—Supermajority ordinances; amendatory language .. 1-11 vote required. . I I& * 0 t 0 1 1 4 & 0 0 0 0 1 1 4 & 0 2-4 Catchlines of sections................... 1-3 Definitions and rules of construction..... 1-2 Certain ordinances not affected by Code . 1-7 Land development Definitions ............................. 1-2 Division of land; city commission General penalty; continuing violation; viola - approval required ............... 9-2 tion as public nuisance............. 1-15 Quasi-judicial rules and procedures...... 2-30 History notes ........................... 1-5 Recall of elected officials ................ 2-26 How Code designated and cited.......... 1-1 Rules and procedures ................... 2-27 Prior offenses, rights, etc., Code does not Savings clause; waiver of rules and affect ............................. 1-9 procedures ........................ 2-31 References and editor's notes............ 1-6 Zoning action; city commission authority. 20-27 References to chapters or sections ....... 1-4 CITY MANAGER Repeal of ordinances, affect of ........... 1-8 Severability of parts of Code ............ 1-13 Annual fire rescue assessments ......... 18-151 et seq. Supplementation of Code. 1-12 See: FIRE RESCUE ASSESSMENT City clerk —Supervision by city manager . 14-2 COMMITTEES AND COMMISSIONS. See: City -owned property, responsibilities re .. 2-192 DEPARTMENTS AND OTHER AGEN- CODE ENFORCEMENT LIES OF CITY Additional enforcement powers .......... 2-65.2 COMPUTATION OF TIME Administrative fines; costs of repairs; and Definitions and rules of construction..... 1-2 filing of liens ...................... 2-63 Citations CONTRACTS AND AGREEMENTS enforcement officers Certain ordinances not affected by Code . 1-7(1)1(3) thori Code Auenfor 2-69 Code does not affect prior contracts, etc.. 1-9 y......................... Designation, qualifications, training 2-68 Fire and emergency medical services Contents ............................ 2-69.6 Inclusion in Seminole County's fire and Definitions .......................... 2-67 emergency services MSTU ...... 1 7-1 Delivery of warning notices, citations.. 2-69.2 Supplementation of Code. 0 * 0 4 1 * & 0 1-12 Disposition of citations, civil penalties. 2-69.7 COUNTY Intent .............................. 1 2-66 Definitions and rules of construction..... 1-2 Procedure ........................... 2-69.1 Procedures to pay, contest citations ... 2-69.5 COURTS Provisions supplemental. . 0 4 0 0 0 1 1 6 0 * 0 * 2-69.8 Court costs Violation classification; civil penalty... 2-69.3 Assessment and collection of; use ..... 11-2 Violations, schedule of. . 0 * I a 4 0 0 0 1 1 4 & 0 b 2-69.4 Code enforcement board and special *Note —The adoption, amendment, repeal, omissions, effec- magistrate tive date, explanation of numbering system and other mat - Appeal .............................. 2-65 ters pertaining to the use, construction and interpretation of Building numbering system, authority this Code are contained in the adopting ordinance and re ............................. 1 9-376 preface which are to be found in the preliminary pages of this Generally ............................ 2-58 volume. Supp. No. 33 3115 CURFE W Declaration of a state of emergency..... . 0 DANCE HALLS Permit required; conduct................ DEPARTMENTS AND OTHER AGENCIES OF CITY Boards, committees, commissions gener- ally Appointments of boards and commit- tees............................ Parks, recreation and mobility commit- tee Creation; composition; and appoint- ment of members. . Purpose and duties ................ Time of meeting adjournment........ . r.. , uuy arbor division, City commission ........................ Code enforcement board ................ See: CODE ENFORCEMENT Definitions and rules of construction.... . Election board .......................... Fire and emergency medical services Inclusion in Seminole County's fire and emergency services MSTU ...... . Officers' and employees' pension plan, board of trustees re ...................... Planning and zoning board ............. . See: ZONING Public nuisance abatement board........ See: PUBLIC NUISANCE ABATE- MENT BOARD Public service tax; exempted entities.... . Traffic violations bureau ............... . DEVELOPMENT. See: PLANNING AND DEVELOPMENT; See also: LAND DEVELOPMENT DISH ANTENNAS Television dish antennas ............... . DISORDERLY CONDUCT Dance halls, disorderly conduct in ...... . WINTER SPRINGS CODE Section DRUMS 2-255 Noise provisions. DUMPSTERS Definitions ............................. Minimum screening requirements ...... . 10-111 E ELECTIONS Absentee voting ........................ Applicability of Code to election where questions are submitted........... . 2-41 Candidates, qualification of ............ . Canvass of return ...................... Certain ordinances not affected by Code . City clerk, additional duties of ......... . 2-43 Determination of person elected ........ . 2-44 Early voting exemption ................ . 2-42 Election board, . 11 10 4 b-b Election supervisor ..................... 2-26 Electronic filing of campaign finance reports 2-58 et seq. required .......................... Municipal elections to be general elections 1-2 Nonpartisanship required ............... 2 85 Proclamation ........................... Qualifying fees ........................ . Recall of elected official. . 7-1 Registration of voter. Vacancy in office, 1 0 q 0 14-52 Voting machines.* 20-51 et seq. Voting places ........................... 13-70 et seq. ELECTRICITY Buildings Florida building code 18-30 Electrical, plumbing, mechanical and 12-28 gas work ..................... Municipal public service tax, . . See: TAXATION ELECTRONIC DEVICES Noise disturbances prohibited Specific provisions .................. . 6-83 EMERGENCIES Noise 10-111 Emergency exception, , DISTRICTS Zoning districts, 20-101 et seq. See: ZONING DOGS Animal regulations generally ........... . See: ANIMALS AND FOWL DRAINS, DRAINAGE Land development Drainage ditch fence required; when . . Drainage facilities .................. . Open drainage ditches; storm sewers . . Storm water management ........... . 4-1 et seq. Supp. No. 33 3116 Applicability of provisions EMERGENCY MANAGEMENT .............. . Certification of emergency conditions ... . Declaration of a state of emergency..... . Definitions ............................. Fire emergencies ....................... Intent.................................. Police emergencies, . Powers, duties, responsibilities ......... . Structure, emergency management ..... . Suspension of local building regulations . Termination of state of emergency ...... . Weather emergencies .................. . Section 9-280 9-281 2-94 2-87 2-93 1-7(16) 2-95 2-84 2-96 2-85 2-8 2-97 2-83 2-86 2-82 2-88 2-26 2-89 2-87.1 2-91 2-90 6-101 18-26 et seq. 13-31(a) CODE INDEX Section EMPLOYEES. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES ENERGY Building energy efficiency code .......... 6-6 ENTERTAINMENT. See: AMUSEMENTS AND AMUSEMENT PLACES ESCORTS AND ESCORT SERVICES Escort service, generally ................ 10-81 Special provisions relating to............ 10-90 EVACUATION Declaration of a state of emergency...... 2-255 EXCAVATIONS Street excavations ...................... 17-76 et seq. See: STREETS AND SIDEWALKS EXPENDITURES Sewerage revenue generation system, expenditures re. . 0 0 * 1 4 * a 4 0 q V I * & 0 a 0 0 EXPLOSIVES AND BLASTING AGENTS Declaration of a state of emergency..... . Noise disturbances prohibited Specific provisions .................. . Regulation of explosives. I I F FALSE ALARMS Service fee ............................. Waiver of fee ........................... Warning notice ......................... FENCES, WALLS, HEDGES AND ENCLOSURES Barbed wire permissible, when ......... . Building numbers to be affixed to walls, fences, etc, a * 0 0 0 1 6 a 4 0 0 0 1 6 4 a # 0 V I I * 0 . Construction material ................. . Corner lots ............................. Drainage ditch fence required, when.... . Exceptions to provisions ................ Flood resistant development ........... . See: FLOOD DAMAGE PREVENTION Height limitations generally ........... . Maintenance of fences or walls ......... . Permit required ........................ Provisions not controlling; exception .... . Urban beautification. I * & 0 q 0 q 1 4 6 0 0 0 q 1 6 See: URBAN BEAUTIFICATION Utility easements. 0 4 1 & * 0 4 1 1 4 0 0 0 0 q I a * 0 . FERTILIZERS, PROPER USE OF Applicability ........................... Definitions..., be eb'440*14 64 00*14*00 0016 2-255 13-31(g) 7-27 6-187 6-191 9-106 6-188 8-104 et seq. 6-190 6-195 6-186 6-194 2-76 et seq. 6-192 FERTILIZERS, PROPER USE OF (Cont'd.) Enforcement, penalties, and legal proceed- ings, . I I a a 0 0 0 0 1 1 & a 6 0 4 * 0 1 1 1 1 a 0 0 0 4 * I a Exemptions ............................ Fertilizer content and application rates. . Fertilizer free zones .................... Findings ............................... Licensing of commercial fertilizer applica- tors..............................0 Low maintenance zones ................. Management of grass clippings and vegeta- tive matter ........................ Purpose and intent ..................... Timing of fertilizer application ......... . Training ............................... FINANCES Annual fire rescue assessments ....... a . See: FIRE RESCUE ASSESSMENT Bids, bidding When written bids required; waiver; small purchases ................ . Budget Certain ordinances not affected by Code Elections Electronic filing of campaign finance reports required ................ Emergency procurement re state of emergency ........................ Fee Certain ordinances not affected by Code Payment of money Certain ordinances not affected by Code Purchasing Purchasing policy and procedure established ..................... When written bids required; waiver; small purchases. * * 0 * I 1 6 a 0 0 b * q b 0 urchases................ . Stormwater management utility fund... . FINES, FORFEITURES AND OTHER PENALTIES Certain ordinances not affected by Code . Code does not affect prior forfeitures, penal- ties, etc* ........................... Code enforcement citations ............. . Code violations General penalty; continuing violation; violations as public nuisances... . Flood damage prevention Administration Violations Enforcement and penalties ..... . Penalties for specific acts, omissions, etc. See specific subjects as indexed Repeal of ordinances, effect of. * 0 4 V q b I I 1 . FIRE AND EMERGENCY MEDICAL 19-313 SERVICES 19-318 Inclusion in Seminole County's fire and 19-312 emergency services MSTU ....... 4 . Supp. No. 33 3117 Section 19-323 19 320 19-317 19-315 19-310 19-322 19-31 i 18-151 et seq. 2452 1-7(7) 2-97 2-255 1-7(17) 1-7(2), (17) 2451 2-152 19-167 1-7(1) 1-9 2-69.1 et seq. 1-15 FIRE HYDRANTS. See: FIRE PREVEN- TION AND PROTECTION FIRE PREVENTION AND PROTECTION Annual fire rescue assessments . . . . . . . . . See: FIRE RESCUE ASSESSMENT Buildings International Property Maintenance Code Preemption; Florida Building Code; Florida Fire and Life Safety Code......................... City parks and recreational areas Fires................................ Explosives, regulation of ................ False alarms prohibited, Fire alarm systems ..................... See: ALARMS, ALARM SYSTEMS Fire and emergency medical services Inclusion in Seminole County's fire and emergency services MSTU ..... , . Fire hydrants Approval and acceptance by city ..... . Installation specifications ............ Land development Required prior to building on lots.. . Obstruction of hydrants ...... . .. . ... . On site static water supplies......... . Parking near prohibited. . Required ............................ Responsibility for provision and maintenance ................ Florida Fire Prevention Code, local amend- ment to Appeal.............................. Automatic fire sprinkler systems...... Impact fee credits, . Procedure for ........................ Hydrants. See herein: Fire Hydrants Open-air burning regulated. FIRE RESCUE ASSESSMENT Annual fire rescue assessments Adoption of annual rate resolution , .. . Adoption of final assessment resolution Authorization for exemptions and hard- ship assistance, 0 6 4 6 1 1 0 4 0 0 0 0 1 1 1 1 4 Correction of errors and omissions , .. . Effect of final assessment resolution . . General authority .................... Initial assessment roll, . Initial proceedings ................... Interim assessments ................. Lien of fire rescue assessments ...... . Notice by mail ... . .................. . Notice by publication ................. Procedural irregularities ............. Revisions to fire rescue assessments , . Collection and use of fire rescue assess- ments Alternative method of collection.... WINTER SPRINGS CODE Section Section FIRE RESCUE ASSESSMENT (Cont'd.) Government property. 18-203 Method of collection, 18-201 Definitions ............................. 18-151 18-151 et seq. General findings ........................ 18-153 General provisions Alternative method .................. 18-212 Applicability ......................... 18-211 Interpretation .......................... 18-152 Legislative determinations of special benefit 18-154 6-302 FIREARMS AND WEAPONS Declaration of a state of emergency...... 2-255 17-110 Noise disturbances prohibited 7-27 Specific provisions ................... 13-31(g) 7-28 13-51 et seq. FIREWORKS City parks and recreational areas Fireworks; destructive devices; weapons; other potentially dangerous uses. 17-105 7-1 iteguiation of explosives, V I I I IV 0 1 0 0 6 1 1 0 0 0 7-27 FLOOD DAMAGE PREVENTION 7-Administration 7-78 Applicability Abrogation and greater restrictions. 8-22 7- 979 Areas to which this chapter applies. 8-18 7-81 Basis for establishing flood hazard 12-65 areas ........................ 8-19 General ........................... 8-17 7-76 Interpretation ..................... 8-23 Other laws . ....................... 8-21 7-77 Submission of additional data to establish flood hazard areas... 8-20 Coordination with the Florida Building 7-50 Code ........................... 8-14 7-Disclaimer of liabilit 7-54 y ................ 846 7-46 Duties and powers of the floodplain administrator 7-26 Applications and permits........... 8-26 Designation ....................... 8-24 Floodplain management records .... 8-32 General........................... 8-25 18478 Inspections. 1 0 9 0 4 1 1 1 4 0 9 0 4 0 1 6 1 4 0 8-30 18-176 Modifications of the strict applica- tion of the requirements of the 18-184 Florida Building Code ........ 8-28 18-182 Notices and orders ................. 8-29 18-177 Other duties of the floodplain 18-171 administrator ................ 8-31 18473 Substantial improvement and 18-172 substantial damage determina- 18-183 tions......................... 8-27 18-179 Inspections 18-175 Buildings, structures and facilities 18-174 exempt from the Florida Build- 18-181 ing Code, final inspection , . . . , 8-49 18-180 Buildings, structures and facilities exempt from the Florida Build- ing Code, lowest floor inspec- 18-202 tion.......................... 8-48 Supp. No. 33 3118 CODE INDEX Section Section FLOOD DAMAGE PREVENTION (Cont'd.) FLOOD DAMAGE PREVENTION (Cont'd.) Buildings, structures and facilities Compensatory storage for encroach - exempt from the Florida Build- ments ing Code ..................... 8-47 Compensatory storage ............. 8-109 Development other than buildings Manufactured homes and structures.. .1 be so tabbed ** 8-46 Anchoring,........................ 8-92 General ........................... 8-45 Elevation ......................... 8-93 Manufactured homes .............t 8-50 Enclosures........................ 8-94 Intent ............................... 8-13 Foundations....................... 8-91 Permits General ..........................4 8-89 Application for a permit or approval 8-36 Limitations on installation in flood - Buildings, structures and facilities ways .................... • .... 8-90 exempt from the Florida Build- Utility equipment ................. 8-95 ing Code ..................... 8-35 Other development Expiration ........................ 8-38 Fences in regulated floodways...... 8-105 Floodplain development permits or General requirements for other approvals .................... 8-34 development ................. 8-104 Other permits required ............ 8-40 Retaining walls, sidewalks and Permits required .................. 8-33 driveways in regulated flood - Suspension or revocation........... 8-39 ways ••••••••••••••••••••••••• 8-106 Validity of permit or approval ...... 8-37 Roads and watercourse crossings in Scope ................................ 8-12 regulated floodways........... 8-107 Site plans and construction documents Recreational vehicles and park trailers Additional analyses and certifica- Permanent placement, . 8-99 tions......................... 8-43 Temporary placement.............. 8-98 Information for development in flood Setback standards hazard areas ................. 8-41 Standard for small stream setback . 8-110 Information in flood hazard areas Site improvements, utilities and limita- without base flood elevations tions Limitations on placement of fill baba 8-88 (approximate zone A) ......... 8-42 Submission of additional data ..bate 8-Minimum requirements ............ 8-84 11 Prohibition on development in regula- Title................................ 8 11 tory floodways................ 8-87 Variances and appeals Sanitary sewage facilities .......... 8-85 Appeals .......................... 0 8-52 Water supply facilities ............. 8-86 Conditions for issuance of variances 8-58 Subdivisions Considerations for issuance of vari- Minimum requirements. 8-82 ances ........................ 8-57 Subdivision plats.................. 8-83 Functionally dependent uses ....... 8-56 Tanks General. . 1, 6 b 0 a I * 0 * * v 1 4 0 b 0 a I a & 0 4 1 1 8-51 Above -ground tanks, elevated b a b a .. 8-102 Historic buildings ................. 8-55 Above -ground tanks, not elevated... 8-101 Limitations on authority to grant Tank inlets and vents .............. 8-103 variances .................... 8-53 Underground tanks................ 8-100 Restrictions in floodways........... 8-54 Violations FLOODPLAIN ADMINISTRATOR. See: Authority 8-60 FLOOD DAMAGE PREVENTION Enforcement and penalties ......... 8-62 FLORIDA. See: STATE Unlawful continuance, . 0 0 4 1 8-61 Violations ........................ . 8-59 FLORIDA STATUTES. See: F.S. Warning ............................. 845 Definitions ............................ a 8-1 FOLLOWING, PRECEDING Flood resistant development Definitions and rules of construction..... 1-2 Accessory structures FOOD AND FOOD ESTABLISHMENTS Provisions of ...................... 8408 Mobile food dispensing vehicles.......... 20-650 Buildings and structures Design and construction of build- FORFEITURE. See: FINES, FORFEITURES ings, structures and facilities AND OTHER PENALTIES exempt from the Florida Build- ing Code ..................... 8-81 FOWL. See: ANIMALS AND FOWL Supp. No. 33 3119 WINTER SPRINGS CODE Section FRANCHISES Certain ordinances not affected by Code . 1-7(4) Tax in addition to franchise taxes ....... 18-29 F.S. Definitions and rules of construction..... 1-2 G GAMBLING City parks and recreational areas Alcoholic beverages/tobacco products; gambling ....................... 17-108 GARAGE SALES At-home sales .......................... 10-137 GARBAGE AND TRASH Dumpsters ............................. 9-2801 9-281 Prohibitions ............................ 13-2 Solid waste, 4 0 194 et seq. See: UTILITIES GAS CODE Buildings Florida building code Electrical, plumbing, mechanical and gas work, 6-101 GAS, GASOLINE Municipal public service tax ............. 18-26 et seq. See: TAXATION GENDER Definitions and rules of construction..... 1-2 GLASSWARE Prohibitions ............................ 13-2 GOLF CARTS Operation of ............................ 12-71 et seq. See: MOTOR VEHICLES AND TRAF- FIC GOLD Secondhand precious metals ............. 10-151 et seq. See: SECONDHAND PRECIOUS METALS GONGS Nto ose provisions ........................ 13-32 GOODS, WARES OR MERCHANDISE Declaration of a state of emergency...... 2-255 Peddlers and solicitors requirements..... 10-136 et seq. See: PEDDLERS, CANVASSERS AND SOLICITORS GRADES, GRADING Certain ordinances not affected by Code . 1-7(6) Land development, street grades gener- ally ............................... 9-148 Supp. No. 33 3120 Section GRASS, LEAVES, UNDERBRUSH, ETC. Fertilizers, proper use of Management of grass clippings and vegetative matter ............... 19-319 Land development requirements re grass 9-160 H HANDBILLS Signs and advertising regulations gener- ally ............................... 16-26 et seq. See: SIGNS AND ADVERTISING HEALTH AND SANITATION Flood damage prevention Flood resistant development Site improvements, utilities and limitations Sanitary sewage facilities........ 8-85 Noise Immediate threat to health and welfare 13-41 Pain management clinics Requirements ........................ 10-181 HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HISTORICAL PRESERVATION Flood damage prevention Administration Variances and appeals Historic buildings ............... 8-55 Tree protection and preservation Definitions (historic, specimen trees) .. 5-3 Specimen, historic trees .............. 5-8 HUNTING City parks and recreational areas Hunting/wildlife preservation and conservation .................... 17406 HYDRANTS. See: FIRE PREVENTION AND PROTECTION I I IMPACT FEES Florida Fire Prevention Code, local amend- ment to Impact fee credits .................... 7-54 Land development Police, fire, parks and recreation facili- ties. 1 0 4 0 1 1 1 4 0 4 1 1 1 1 0 4 4 1 1 1 0 0 1 1 1 0 0 4 9-391 et seq. Transportation impact fees ........... 9-386.1 et seq. See: LAND DEVELOPMENT IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS IN THE CITY Definitions and rules of construction..... 1-2 IN WRITING, WRITTEN Definitions and rules of construction..... 1-2 CODE INDEX Section INDEBTEDNESS OF CITY Certain ordinances not affected by Code . 1-7(2) INDECENCY AND OBSCENITY Adult entertainment establishments, sexu- ally oriented businesses Obscenity, indecent exposure unlawful 10-54 INSPECTIONS Flood damage prevention ............... 8-30 et seq. See: FLOOD DAMAGE PREVENTION INVENTORIES City -owned property IRRIGATION SYSTEM Reclaimed water system ................ 19-136 et seq. See: UTILITIES JOBS GROWTH INCENTIVE GRANT PROGRAM Legislative findings. 2-300 Program requirements. 2-305 KENNELS III LAKES Prohibitions ............................ 13-2 LAND DEVELOPMENT Alleys. See herein: Streets and Alleys; See also herein: Design Standards Blocks. See herein: Lots and Blocks; See also herein: Design Standards Boundary line adjustments..,. 0 1 0 1 1 6 4 0 1 1 9-15 Bridges, required improvements ......... 9-205 Building on lots, required improvements to be completed prior to; exception.. 9-178 Certain data to be submitted prior to installation of improvements ....... 9-177 Comprehensive plan .................... 15-26 et seq. See: PLANNING AND DEVELOPMENT Concurrency administration and evalua- tion procedure Appeal procedures Appeal notice and hearing ......... 9-541 Appeal of city commission.......... 9-542 Notice of appeal ................... 9-540 Concurrency administration Concurrency certificate ............ 9-533 Concurrency review ................ 9-531 Conditional approvals, I& t 0 1 1 1 # 0 1 1 1 0 9-532 Development review committee..... 9-530 Level of service standards (LOS) Introduction, I I . I I I 1 0 4 0 1 1 a 0 4 1 1 a 9-510 LOS .............................. 9-513 Supp. No. 33 Section LAND DEVELOPMENT (Cont'd.) Parks and recreation LOS.......... 9-514 Potable water LOS ................ 9-511 Solid waste LOS, .................. 9-512 Storm water LOS. ................. 9-515 Transportation LOS ............... 9-516 Overview and exemptions Application submittal .............. 9-502 Change of use. 9-504 Definitions ........................ 9-501 Demolitions ....................... 9-505 Purpose of concurrency evaluation.. 9-500 Transportation facility proportionate fair -share mitigation program Applicability ...................... 9-547 Application process ................ 9-550 Appropriation of fair -share revenues 9-554 Cross jurisdictional impacts . . . . . . . . 9-555 Determining proportionate fair -share obligation .................... 9-551 General requirements, I I a 6 0 1 0 1 6 1 6 0 0 9-548 Impact fee credit for proportionate fair -share mitigation.......... 9-552 Intergovernmental coordination .... 9-549 Proportionate fair -share agreements 9-553 Purpose and intent. 9-546 Curbs Inlets ............................... 9-300 Required improvements. 9-223 Sections, alternate ................... 9-301 Definitions ............................. 9-1 Design and certification of improvements, responsibility for .................. 9-176 Design standards Alternate curb sections ............... 9-301 Classification ........................ 9-146 Curb inlets .......................... 9-300 Drainage ditch fence is required, when 9-106 Driveway entrances .................. 9-229 Entire tract to be used; landlocked areas prohibited ...................... 9-102 Generally ............................ 9-101 Lots and blocks Clearing of rights -of -way........... 9-129 General requirements. ............. 9-126 Lot dimensions; minimum street frontage ...................... 9-127 Lots not to be divided by municipal boundaries .................. 1 9428 Open drainage ditches; storm sewers .. 9-105 Public sites and open spaces, exception 9-103 Septic tanks ........................6 9-107 Streets and alleys Access streets, paving of........... 9-150 Alleys ............................. 9-158 Cul-de-sac; dead ends. ............. 9-152 Easements ........................ 9-159 General layout; connections with existing streets ............... 9-153 Grades generally .................. 9448 WINTER SPRINGS CODE Section Section LAND DEVELOPMENT (Cont'd.) LAND DEVELOPMENT (Cont'd.) Grassing, mulching, sodding ...... 6 9-160 Lots not to be divided by municipal Half streets ....................... 9-154 boundaries ..................... 9-128 Intersections ...................... 9-155 Minimum community appearance and Minimum rights -of -way and paving aesthetic review standards width ........................ 9-147 Application criteria .................. 9-605 Naming streets .................... 9-298 Approval prerequisite for permits ..... 9-601 Paved, streets and alleys to be ..... 9-149 Building permits; enforcement ........ 9-606 Paving costs ....................... 9-151 Duration of approval................. 9-604 Paving of access streets ............ 9-150 Minimum standards; compliance with Private streets .................... 9-157 other Code provisions. 9-602 Street names ...................... 9-156 Procedure ........................... 9-603 Typical street sections ............. 9-296 Residential compatibility and harmony Utilities services to be underground, regulations ..................... 9-607 exception ....................... 9-104 Statement of findings and purpose .... 9-600 Valley gutters. 1 0 a 0 a IV 4 V a 0 4 h a 1 0 a & a 6 1 V a 9-297 Monuments ............................ 9-180 Developer responsibility and control ..... 9-181 Nonconformities Division of land; city commission approval Abandonment ........................ 9-565 required .......................... 9-2 Building and fire codes............... 9-561 Drainage Cnntimianrp nr Facilities ............................ 9-242 structures ...................... 9-562 Fence required for ditches, when ...... 9-106 Definitions .......................... 9-561 Open drainage ditches; storm sewers.. 9-105 Intent ............................... 9-561 Storm water management ........... a 9-241 Lots of record ........................ 9-563 Driveways Repairs and maintenance.. 9-566 Entrances ..........................0 9-299 Rules of interpretation ............... 9-561 Generally ...........................0 9-222 Special permit....................... 9-568 Dumpsters Temporary uses ...................... 9-567 Definitions .........................0 9-280 Uses of structures or of structures and Minimum screening requirements..... 9-281 premises in combination......... 9-564 Easements Off-street parking and loading Design standards ...................a 9-159 Commercial vehicles ................. 9-279 Required improvements ............. 0 9-223 Definitions .......................... 9-276 Enforcement and penalties .............. 9-7 General provisions for off-street park - Entire tract to be used; landlocked areas ingII&101061V10,,...,... 006,44 9-278 prohibited ........................ 4 9-102 Off-street parking requirements ...... 9-277 Excavation and grading Platted property, dividing ............... 9-3 Definitions ..... . .................... 9-326 Police, fire, parks and recreation facilities Excavations and grading prohibited; impact fees exceptions ...................... 9-327 Appeal .............................. 9-391.12 Permits required ..................... 9-328 Applicability and exemptions ......... 9-391.3 Exemptions ............................ 9-13 Capital expansion plans.............. 9-391.8 Flag lots ..............................1 9-12 Credits.............................. 9-391.6 Flood damage prevention ............... 8-1 et seq. Definitions ........................41 9-391.2 See: FLOOD DAMAGE PREVENTION Generally, 61 V 4 0 6 0 1 1 0 1 0 6 A 1 0 a 0 4 1 1 V 0 a 6 V 9-391 General criteria for approval............ 9-10 Levy; purpose, 1 4 6 1 0 0 0 9-391.1 Gutters ................................ 9-223 Payment of fees ...................... 9-391.5 Impact fees Penalty for violation, 61 9-391.11 Police, fire, parks and recreation facili- Refunds ............................. 9-391.9 ties ............................. 9-391 et seq. Trust fund........................... 9-391.7 Transportation impact fees ........... 9-386.1 et seq. Vested rights ........................ 9-391.10 Inspections and tests ................... 9-179 Procedure for securing approval of plats Irrigation utilizing reclaimed water system 19-136 et seq. Final plat See: UTILITIES Action on final engineering and site Lot splits .............................. 9-11 plans; expiration of approval.. 9-74 Lots and blocks Approval of final plat ............. 0 9-77 Clearing of rights -of -way ............. 9429 Form and contents of final plat. 0 1 & 1 9-73 General requirements ................ 9426 Improvement and maintenance Lot dimensions; minimum street front- security ...................... 9-76 age ............................. 9-127 Processing of final plans ........... 9-72 Supp. No. 33 3122 CODE INDEX Section Section LAND DEVELOPMENT (Cont'd.) LAND DEVELOPMENT (Cont'd.) Recording/distribution of the final Classification ........................ 9-146 plat .......................... 948 Cul-de-sacs; dead ends ............... 9-152 When final development plat is to be Easements. 1 0 1 1 do a 0 0 4 0 1 1 1 6 a 6 1 0 0 1 1 1 1 0 0 9-159 filed; extension ............... 9-71 General layout; connections with exist - Preliminary plat ing streets ...................... 9-153 Action on preliminary plat by city Grassing, mulching, sodding, 1 4 0 6 0 1 9-160 commission; effect of approval. 9-48 Half streets. 1 0 1 1 1 1 1 1 0 1 0 1 0 1 1 a 0 0 4 0 1 1 9-154 Action on preliminary plat by plan- Intersections ......................... 9-155 ning and zoning board . . . . . . . . 9-47 Minimum rights -of -way and paving Filing and contents of preliminary width. 1 4 1 4 0 1 0 1 1 1 1 1 1 6 4 0 0 0 4 1 64*00* 9-147 map and plat ................. 9-46 Naming streets ...................... 9-298 Request for expedited issuance of Paved, streets to be .................. 9-149 building permits prior to final Paving costs ......................... 9-151 plat approval ............. 4 1 6 6 9-49 Paving of access streets 9-150 .............. Public sites and open spaces, exception .. 9-103 Private streets ....................... 9-157 Replatting ............................. 9-9 Required improvements Required improvements Right -turn deceleration lanes ...... 9-206 Adequate access to building sites ..... 9-178 Roadway base material, standards Bridges .............................. 9-205 for ........................... 9-201 Building on lots, required improve- Street markers . I .................. 9-203 ments to be completed prior to; Streetlights and traffic signs ....... 9-204 exceptions ...................... 9-178 Surfacing of streets, standards for .. 9-202 Certain data to be submitted prior to Roadway base materials, standards for 9-201 installation of improvements..... 9-177 Street grades, generally 9- Curbs, gutters, easements ............ 9-223 .............. 203 Developer responsibility and control... 9-181 Street markers. ...................... 9- Drainage Street names ........................ 9-156 156 Drainage facilities ........ . ........ 9-242 Streetlights and traffic signs.......... 9-204 Storm water management.......... 9-241 Surfacing of streets .................. 9-202 Driveways ..........................0 9-222 Typical street sections................ 9-296 Fire hydrants in operation............ 9-178 Town center zoned property ............. 9-14 Inspections and tests. . 9-179 Transportation impact fees Monuments .......................... 9-180 Appeals of impact fee determinations 9-386.21 Off-street parking and loading Authority and applicability ........... 9-386.1 Commercial vehicles ............... 9-279 Building permits Definitions ........................ 9-276 Limitations on issuance of ......... 9-386.5 General provisions for off-street park- Credits .............................. 9-386.11 ing .......................... 9-278 Definitions .......................... 9-386.4 Off-street parking requirements .... 9-277 Exemptions .......................... 9-386.14 Responsibility for design and certifica- Impact agreement, 1 6 4 a 0 0 0 0 1 a 6 0 1 0 0 9 1 1 a 9-386.10 tion of improvements............ 9-176 Independent impact fee calculation.... 9-386.8 Sidewalks ........................... 9-221 Intent and purpose................... 9638642 Streets Penalty'', .. so 04 11*604 off 4 1 4 6 0 t 0 4 1 1 1 4 9-386.20 Markers. 9-203 Presumption of maximum impact ..... 9-386.9 Right -turn deceleration lanes ...... 9-206 Return of funds.,. 61*0*0*6144 1 9-386.18 Roadway base materials, standards Review .............................. 9-386.19 for ........................... 9-201 Road impact fees Streetlights and traffic signs ....... 9-204 Collection of fee assessments . . . . . . . 9-386.16 Surfacing of streets, standards for .. 9-202 Determination of .................. 9-386.6 Utilities; requirements for water and Rate schedule .................... 0 9-386.7 sewer systems . . . . . . . . . . . . . . . . . . 9-261 Total road impact fee calculations .. 9-386.8 Water and sewer systems, require- Rules of construction ................. 9-386.3 ments for ....................... 9-261 Short title ........................... 9-386.1 Septic tanks. I I 1 0 0 0 0 1 1 1 0 0 0 1 1 1*& 0 1 0 4 1 4 4 1 0 9-107 Site -related road improvements....... 9-386.13 Sewer systems, requirement for . . . . . . . . . 9-261 Trust fund, establishment of.......... 9-386.15 Sidewalks .............................. 9-221 Use of funds collected ................ 9-386.17 Streets and alleys Vested rights ........................ 9-386.12 Access streets, paving of,. I 1 0 0 1 1 1 1 4 1 0 1 9-150 Uniform building numbering system..... 9-370 et seq. Alleys .............................. 6 9-158 See: BUILDINGS Supp. No. 33 3123 WINTER SPRINGS CODE Section Section LAND DEVELOPMENT (Cont'd.) LICENSES AND PERMITS (Cont'd.) Urban beautification, 1 6 a I I I I 1 4 0 0 6 a & I I I V 4 2-76 et seq. Vested rights special use permit ......... 9-402 See: URBAN BEAUTIFICATION Utilities LIENS Services to be underground, exception. 9-104 Code enforcement Water and sewer systems, require- Duration of lien ...................... 2-64 ments for ....................... 9-261 Filing of liens........................ 2-63 Valley gutters .......................... 9-297 Fire rescue assessment Variances .............................. 9-5 Annual fire rescue assessments Appeals from granting of ............. 9-6 Lien of fire rescue assessments ..... 18-179 Vested rights Public nuisance abatement board........ 13-76 Appeals ............................. 9-402(b) LIQUOR. See: ALCOHOLIC BEVERAGES Application for special use permit..... 9-402(a) Determining, standards for ........... 9-403 LITTERING Intent ..............................1 9401 City parks and recreational areas Limitations on determination......... 9-404 Pollution and litter ................... 17-103 Waiver to engineering development plan Nuisance provision ..................... 13-2 requirements, V 0 & I I 1 4 00106641404 *0* equirements...................... 9-4 Streets, sidewalks, etc., littering......... 17-28 Water and sewer systems, requirements LOCAL IMPROVEMENTS. See: PUBLIC for, ......1......... I .............. 9-2R1 Zoning regulations, 20-1 et seq. WORKS AiND IMPROVEMENTS See: ZONING LOUDSPEAKERS LANDSCAPE IRRIGATION. See: WATER Noise disturbances prohibited CONSERVATION AND LANDSCAPE Specific provisions ................... 13-31(b) IRRIGATION M LIABILITY Flood damage prevention MANUFACTURED HOMES Administration Flood damage prevention ............... 8-50 et seq. Disclaimer of liability, V 6 1 1 1 1 4 4 0 A 0 1 0 846 See: FLOOD DAMAGE PREVENTION LICENSES AND PERMITS MAPS. See: SURVEYS, MAPS AND PLATS Adult entertainment establishments, sexu- MAY, SHALL ally oriented businesses............ 10-58 et seq. Definitions and rules of construction..... 1-2 See: ADULT ENTERTAINMENT ESTABLISHMENTS, SEXUALLY MAYOR ORIENTED BUSINESSES Election proclamation, 2-82 Awnings, permit for erection over sidewalks 17-51 et seq. MECHANICAL CODE See: STREETS AND SIDEWALKS Buildings Dance hall permit ...................... 10-111 Florida building code Excavation permit es, permits ................ 6-186 Electrical, plumbing, mechanical and Fences, walls, hedges, permits ........... 6-186 gas work ..................... 6-101 Industrial wastewater contribution permit 19-52 Minimum community appearance and MERCHANDISE. See: GOODS, WARES OR aesthetic review standards MERCHANDISE Approval prerequisite for permits ..... 9-601 MINORS Building permits ..................... 9-606 Nonconformities Adult entertainment establishments, sexu- Special permit ....................... 9-568 ally oriented businesses Pain management clinics, 10-181 Unlawful provisions, 1 6 1 & 1 0 4 0 6 0 , ...... 10-87 Peddlers and solicitors permit ........... 10-136 et seq. Alcoholic beverage sales near schools See: PEDDLERS, CANVASSERS AND prohibited, 1 4 0 6 a I I 1 0 1 0 1 a I 1 0 4 0 1 1 a V 0 9 3-2 SOLICITORS Secondhand precious metals, dealing with Permits ................................ 8-33 et seq. persons under age eighteen yearsprohibited......................... 10-155 See: FLOOD DAMAGE PREVENTION Sign permit ............................ 16-53 et seq. MOBILE HOMES AND MOBILE HOME See: SIGNS AND ADVERTISING PARKS Street and sidewalk permit ............. 17-1 et seq. Zoning regulations for trailers and mobile See: STREETS AND SIDEWALKS homes ............................ 20-91 et seq. Tree removal, land clearing permit ...... 5-4 et seq. See: ZONING Supp. No. 33 3124 CODE INDEX Section Section MONTH MOTOR VEHICLES AND TRAFFIC (Cont'd.) Definitions and rules of construction..... 1-2 Vehicle and boat repairs ........... 13-31(e) Off-street parking and loading MONUMENTS Generally ............................ 12-69 Land development monuments .......... 9-180 Land development requirements ...... 9-276 et seq. MOTELS. See: HOTELS AND MOTELS See: LAND DEVELOPMENT Zoning regulations ................... 20-128 et seq. MOTOR VEHICLES AND TRAFFIC See: ZONING Abandonment One-way streets Prohibited ........................... 12-53 Certain ordinances not affected by Code 1-7(14) Adoption of state law. 12-2 Parking, stopping and standing Buses Bus, taxi stands, use of,,.,*.. 12-68 Stands, use of....... able. &Saba, 14 6 0 1 0 12-68 Chief of police, powers and duties re Citations parking of vehicles .............. 12-27 Alteration or destruction ............ 1 12-32 Cleaning, repairing vehicles on roadway 12-66 Failure to obey. . 0 0 a 1 6 1 0 t 1 0 4 1 1 0 4 0 1 a I be 12-31 Land development requirements for off - Issuance., be so 04 bell 1 0 a I , 1 6 0 0 0 4 1 4 1 1 0 9 12-29 street parking and loading....... 9-276 et seq. City parks and recreational areas ....... 17-102 See: LAND DEVELOPMENT Cleaning, repairing vehicles on roadway . 12-66 Loading or unloading zones........... 12-69 Definitions ............................. 12-1 Mobile homes to be parked in mobile Fines for violations ..................... 12-30 home parks; exception........... 12-70 Flood damage prevention No -parking areas Flood resistant development Certain ordinances not affected by Recreational vehicles and park trail- Code, 1 6 a 1 0 1 0 a I I a 6 0 a 4 4 4 a battle 1-7(14) ers Obedience to signs, markings ......... 12-67 Permanent placement ........... 8-99 Off-street parking and loading Temporary placement ........... 8-98 Land development requirements.... 9-276 et seq. Food dispensing vehicles, mobile......... 20-650 See: LAND DEVELOPMENT Golf carts, operation of Zoning regulations. 20-128 et seq. Definitions .......................... 12-71 See: ZONING Enforcement ......................... 12-77 Prohibitions, generally ............... 12-65 Inspection and registration of golf carts Stop intersections required ........................ 12-75 Certain ordinances not affected by Insurance required ................... 12-76 Code......................... 1-7(14) Required equipment'... be ballet 12-74 Police department Restrictions .......................... 12-73 Chief of police, duties and powers of re Use of golf carts on designated roadways 12-72 operation and parking of vehicles 12-27 Gongs, sirens on vehicles, noise provisions 13-32 Citation Handbill distribution on or in vehicles ... 16-28 Alteration or destruction of ........ 12-32 Impoundment Failure to obey .................... 12-31 Impoundment of motor vehicles used to Issuance of. 1 0 a 12-29 facilitate certain misdemeanor Referral of parking violations to hear - crimes and parking and traffic ing officer. I I I 1 0 1 0 a 0 4 1 1 a a 0 0 0 0 1 12-33 regulations ..................... 12-100 Duties to regulate motor vehicles and Intersections traffic .......................... 12-26 Fences, etc., limitations re ............ 6-191 Fines for violations ................... 12-30 Land development requirements ...... 9-155 Traffic violation bureau, powers and Obstructions ......................... 17-30 duties of........................ 12-28 Stop intersections Red light code enforcement infraction Certain ordinances not affected by Definitions .......................... 12-82 Code. a 4 0 4 0 a I I 1 4 0 0 4 1 1 4 1 4 0 4 1 6 0 0 1-7(14) Law Land development Consistency with state law. 12-90 Off-street parking and loading. . 0 4 9-276 et seq. Implementation of general law ..... 12-85 See: LAND DEVELOPMENT Legislative findings and intent/purpose 12-80 Mobile homes to be parked in mobile home Red light traffic control signals, adher- parks; exception. .................. 12-70 ence to ........................6 12-83 Noise disturbances prohibited Review of recorded images............ 12-86 Motor vehicle noise generally......... 13-44 Signage ............................. 12-89 Specific provisions Traffic infraction detectors, use of..... 12-81 Model vehicles. . 13-31(h) Uniform traffic citation............... 12-88 Supp. No. 33 3125 MOTOR VEHICLES AND TRAFFIC (Cont'd.) Violations Notice of violation. . Violation .......................... Regulations generally ................... Skateboarding, roller skating, in -line skat- ing, other similar activities on human - propelled devices. Speed limits Certain ordinances not affected by Code Vehicular speed limits ................ Taxicabs Passenger rates Certain ordinances not affected by Code......................... Stands, use of, . * 0 & I M 0 V 4 0 0 0 a 0 & I 1 4 0 a 0 4 0 Traffic violation bureau, powers and duties of................................. Traffic -control signs, signals and devices Certain ordinances not affected by Code Land development; streetlights and traf- fic signs ........................ Obedience to ......................... Red zone infractions. See herein: Red Light Code Enforcement Infrac- tion Truck routes Certain ordinances not affected by Code Violations, fines for ..................... Referral of parking violations to hear- ing officer ...................... Zones Loading and unloading zones. . Zoning regulations for motor vehicles . , . . See: ZONING MULCHING Land development requirements........ . MUNICIPAL SERVICE BENEFIT UNITS. See: TAXATION MUSICAL INSTRUMENTS Noise disturbances prohibited Specific provisions .................. . N NAMING OF BUILDINGS, PARKS, AND STREETS, PROCEDURES Assistance petitions ................... . Generally.............................. Intent and purpose; findings .......... , . Minimum community support .......... . Naming guidelines, Other factors. NOISE City parks and recreational areas Noise and other conduct ............. . Definitions ............................. Designation of noise sensitive zones .... . WINTER SPRINGS CODE Section 1-7(14) 12-52 1-7(13) 12-68 1-7(14) 12-30 12-33 12-69 20-431 et seq. 13-31(a) 2-404 2-401 2-400 2-405 2-402 2-403 Supp. No. 33 3126 NOISE (Cont'd.) Emergency exception ................... Immediate threat to health and welfare. . Lead agency or official ... . ............. . Maximum permissible sound levels by receiving land use. Motor vehicle noise ..................... Noise control officer Powers .............................. Noise disturbances prohibited Generally, . a 0 4 M V 9 4 0 6 & a I 1 0 0 4 0 a I W 4 0 1 & I V Specific provisions .................. . Notice of violation ..................... . Other remedies ......................... Penalties ............................... Purpose and scope ...................... Required measurement procedures ..... . Standardized measurements required... . Variances Special event variances, Variances for time to comply......... . NUDITY Nudity prohibited upon alcohol licensed pronises and bottle clubs .......... NUISANCES Definitions ............................. Duty of owners of buildings to keep sur- rounding property clean; notice; failure to comply with notice ...... . Fire and security alarms ................ See: ALARMS AND ALARM SYSTEMS General prohibition... to to to 64 61 to 00 61 10 Home -based business —Enforcement of state prohibitions, Noise.................................. See: NOISE Procedure for city enforcement of non - imminent hazards ................. Prohibitions ............................ Public nuisance abatement board........ See: PUBLIC NUISANCE ABATE- MENT BOARD Skateboarding, roller skating, in -line skat- ing, other similar activities on human - propelled devices .................. Swimming pool nuisances. . NUMBER Definitions and rules of construction.... . C OATH, AFFIRMATION, SWEAR OR SWORN Definitions and rules of construction.... . OBSCENITY. See: INDECENCY AND OBSCENITY Section 3'10 13-3 13-51 et seq. 13-1 13-26 13-5 et seq. 13-4 13-2 13-70 et seq. 1-2 1-2 CODE INDEX Section Section OFFENSES PARKS AND RECREATION (Cont'd.) Assessment and collection of court costs; Definitions ......................... 1 17-100 use ..............................0 11-2 Domestic and other animals .......... 17-107 Certain ordinances not affected by Code . 1-7(1) Enforcement; penalties. 17-123 Civil infractions, schedule of ............ 2-69.4 Fees ................................. 17-121 Code does not affect prior offenses, etc... 1-9 Fires ................................ 17-110 Repeal of ordinances, effect of. 6 0 0 0 1 1 1 6 1-8 Fireworks; destructive devices; weapons; State misdemeanors adopted; penalty.... 11-1 other potentially dangerous uses. 17405 Tree prohibitions ....................... 5-10 Glass containers ..................... 17-116 Trespass. 11-3 Horseback riding..................... 17-119 Hours of operation and general use ... 17-101 OFFICERS AND EMPLOYEES Hunting/wildlife preservation and Adoption of title II social security act .... 14-30 conservation .................... 17-106 Background screening .................. 14-3 Injuring, interfering with, etc., build-, Building inspector.. 6-5 et seq. ins and other property. 17-114 See: BUILDINGS g p p y Interference with personnel/park opera - Certain ordinances not affected by Code . 1-7(18) tions ........................... 17-115 City clerk —Supervision by city manager . 14-2 Noise and other conduct...... .. 04,110 17-112 Code enforcement officers ............... 2-67 et seq. Peddling/distribution of materials ..... 17413 Code violations Pollution and litter...''.. 17-103 General penalty; continuing violation; Preexisting rules; conflicts with rules . 17-122 violations as public nuisance..... 1-15 Promulgation of rules 1 ............... 17-120 Custody of fund ........................ 14-31 Removal of natural resources ......... 17-104 Definitions and rules of construction..... 1-2 Suspension of use of city park ........ 17-124 Duties and powers of the floodplain Traffic. 17-102 administrator ..................... 8-24 et seq. Trespass............................. 17-109 See: FLOOD DAMAGE PREVENTION Concurrency administration and evalua- Election supervisor ..................... 2-81 tion procedure Emergency management director ........ 2-253 et seq. Level of service standards (LOS) for Noise control officer. 13-29 parks and recreation ............ 9-514 Pension plan Land development Adopted ............................. 14-51 Impact fees (police, fire, parks and Board of trustee ..................... 14-52 recreation facilities) ............. 9-391 et seq. Personnel rules or regulations Parks, recreation and mobility committee Certain ordinances not affected by Code 1-7(11) Creation; composition; and appoint - Policy, rules and regulations, 1 0 0 4 0 1 1 4 1 . 0 9 14-1 ment of members ............... 2-43 Recall of elected officials ................ 2-26 Purpose and duties................... 2-44 OFFICIAL TIME Public grounds Definitions and rules of construction..... 1-2 Definitions and rules of construction .. 1-2 Use of city athletic facilities; fees ........ 2-2 OLD AGE AND SURVIVORS INSURANCE. See: OFFICERS AND EMPLOYEES PEDDLERS, CANVASSERS AND SOLICI- TORS OPEN-AIR BURNING Alcoholic beverage vendors in town center 3-3 Regulated... VII6 6014164 see V164 1 7-26 At-home sales.......................... 10-137 City parks and recreational areas P Peddling/distribution of materials ..... 17-113 Transient or itinerant solicitors; permit PAIN MANAGEMENT CLINICS required; prerequisite to issuance... 10-136 Requirements .......................... 10-181 PENSIONS AND RETIREMENT PARKS AND RECREATION Officers' and employees' pension plan .... 14-51 et seq. Adult entertainment establishments, sexu- See: OFFICERS AND EMPLOYEES ally oriented businesses Prohibited locations*. 0qVI**04q*II*I0q 10-101 PERFORMANCE BONDS. See: BONDS, City parks and recreational areas SURETY OR PERFORMANCE Airsoft and paintball guns; bb guns ... 17-117 PERSON Alcoholic beverages/tobacco products; Definitions and rules of construction..... 1-2 gambling ....................... 17-108 Bathing; swimming; scuba diving ..... 17-118 PHONOGRAPHS Camping and sleeping. 17-111 Noise provisions........................ 13-33 Supp. No. 33 3127 WINTER SPRINGS CODE Section Section PLANNING AND DEVELOPMENT POLITICS. See: ELECTIONS Comprehensive plan Adopted ............................. 15-26 et seq. PRECEDING, FOLLOWING Compliance .......................... 15-27 Definitions and rules of construction..... 1-2 Distribution of copies, 1 4 0 a 0 & I I 1 0 1 0 0 0 4 1 15-29 Comprehensive plan amendments PRECIOUS METALS. See: SECONDHAND Advertisement of public hearing PRECIOUS METALS P g ...... 15-39 Application deadline ................. 15-32 PRISONS AND PRISONERS Authority, purpose and intent......... 15-30 Code violations City commission public hearing process 15-38 General penalty; continuing violation; Effectiveness of the adopted amend- violation as public nuisance...... 1-15 went ........................... 1543 Initiation of amendments ............ 0 15-31 PROCEEDINGS. See: SUITS, ACTIONS AND Local planning agency review and recom- OTHER PROCEEDINGS mendation...................... 15-37 Review PROPERTY Criteria ........................... 15-36 Abandoned property, disposition by city .. 2-1 Procedure ........................0 15-35 City -owned personal property Transmittal of adopted amendment to Definition ........................... 2-191 state land nlanninv agency .... .. 1 ,-4�. Lis-csal Cf _ -Iue ru cr Y p Y Y .......... 2-1y4 Flood resistant development ............ 8-81 et seq. Identification; records; inventory...... 2-192 See: FLOOD DAMAGE PREVENTION Property supervision and control...... 2-193 Impact fees Surplus property, disposal of.......... 2-194 Police, fire, parks and recreation facili- Definitions and rules of construction..... 1-2 ties, I I I I I 1 0 * 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0. 1 1 9.391 et seq. Fire r^�;Czie as ,sslue�rt Transportation facilities, 9-386 et seq. Collection and use of fire rescue assess - Land development, I I & a 0 4 0 4 9-1 et seq. ments See: LAND DEVELOPMENT Government property, 18-203 Tree protection and preservation Handbill distribution upon residential Protection during development, construc- property prohibited without consent tion; periodic inspection ......... 544 of owner .......................... 16-27 Zoning regulations generally ............ 20-1 et seq. International Property Maintenance Code 6-300 et seq. See: ZONING See: BUILDINGS PLATINUM PUBLIC NUISANCE ABATEMENT BOARD Secondhand precious metals,. 4 0 0 0 10-151 et seq. Appeal................................. 13-77 See: SECONDHAND PRECIOUS Composition; term ...................... 13-73 METALS Creation of the public nuisance abatement PLATS. See: SURVEYS, MAPS AND PLATS board ............................. 13-71 Definitions ............................. 13-72 PLAYGROUNDS Enforcement procedures ................ 13-75 Prohibitions ...........................4 13-2 Intent and purpose..................... 13-70 Penalties; fines; liens; recording ......... 13-76 PLUMBING Powers; duties; jurisdiction, 13-74 Buildings Florida building code PUBLIC PLACES. See: STREETS AND Electrical, plumbing, mechanical and SIDEWALKS gas work ..................... 6-101 Cross -connection control, backflow preven- PUBLIC SERVICE TAX. See: TAXATION tion ............................... 19-151 et seq. See: UTILITIES PUBLIC WORKS AND IMPROVEMENTS Code violation POLICE DEPARTMENT Penalty by labor on city works ........ 145 Emergencies, police, a 0 0 4 a I love 0 6 all 2-262 Land development required improve - Land development ments............................. 9-176 et seq. Impact fees (police, fire, parks and See: LAND DEVELOPMENT recreation facilities), 9-391 et seq. Local improvements Traffic responsibility, 1 0 & a I I V 12-26 et seq. Certain ordinances not affected by Code 1-7(8) See: MOTOR VEHICLES AND TRAF- FIC PURCHASING. See: FINANCES Supp. No. 33 3128 CODE INDEX Section Section R SHALL, MAY Definitions and rules of construction..... 1-2 RADIOS Noise provisions. 13-33 SHRUBBERY. See: TREES AND SHRUB- BERY RATIONING Declaration of a state of emergency...... 2-255 SIDEWALKS. See: STREETS AND SIDEWALKS RECLAIMED WATER SYSTEM. See: UTILI- TIES SIGNATURE, SUBSCRIPTION Definitions and rules of construction..... 1-2 RECREATION. See: PARKS AND SIGNS AND ADVERTISING RECREATION 911 emergency response system. 16-61 RETIREMENT. See: PENSIONS AND Applications; permit fees; review period; RETIREMENT approval criteria; appeals ... atop*** 16-54 Building permit required, a 6 1 1 1 1 0 0 4 0 a I * 1 4 16-53 RUMMAGE SALES Construction and maintenance standards 16-59 At-home sales .......................... 10-137 Definitions............................. 16-51 Exemptions from permit requirements ... 16-55 S Handbills and procedures, distribution of Aiding and abetting prohibited........ 16-29 SCHOOLS Exemptions from provisions .......... 16-30 Adult entertainment establishments, sexu- Findings of fact ...................... 16-26 ally oriented businesses Granting of variances ................ 16-31 Prohibited locations''.. be 00#40F11*66 0 10-101 Residential property, distribution upon Alcoholic beverage sales prohibited near . 3-2 prohibited without consent of Zoning owner .......................... 16-27 Supplemental district regulations Vehicles in public places, distribution Public, private and charter school on or in prohibited .............. 16-28 and daycare center siting Loudspeakers criteria ...................... 20-422 Noise disturbances prohibited Specific provisions ................. 13-31(b) SECONDHAND PRECIOUS METALS Motor vehicles and traffic Dealing with persons under age eighteen Red light code enforcement infraction years prohibited ................... 10-155 Signage........to, ................ 12-89 Definitions'' tape. o0q,1144 0*044,14 04 pope 10451 Nonconforming signs ................... 16-56 Minors Prohibited signs ........................ 16-57 Dealing with persons under age eighteen Purpose and intent ..................... 16-52 years prohibited ................ 10455 Skateboarding, roller skating, etc. Storage of articles during waiting period. 10-154 Prohibition signs. 13-62(d) Transactions, register of ................ 10-152 Standards Waiting period prior to disposal of certain Banners ............................. 16-87 property .......................... 10-153 Bench signs.......................... 16-85 Changeable copy signs; electronic mes- SECURITY ALARM sage centers .................... 16-81 Provisions generally. 13-51 et seq. Enforcement......................... 16-89 See: ALARMS, ALARM SYSTEMS Generally ............................ 16-76 Implied consent. 16-90 SEMINOLE COUNTY. See: COUNTY Limitations on certain on -premises signs SEPTIC TANKS including attached to buildings .. 16-80 Land development, septic tank require- Outdoor display/billboards ments ............................. 9-107 Off -premises signs prohibited. 16-77 Tanks .................................. 8-100 et seq. Severability.......................... 16-92 See: FLOOD DAMAGE PREVENTION Special supplemental regulations for Wastewater system, private septic tanks properties located on State Road 434 ............................. 16-82 re, . 0 * 0 4 0 1 1 1 a 1 0 0 1 1 1 6 a 0 9 * 0 * I 1 6 4 * 0 19-29 Supplemental sign regulations........ 16-79 SEVERABILITY Viewpoint neutral .................... 16-91 Severability of parts of Code ............ 1-13 Weather ............................. 16-88 Supplemental temporary sign require - SEWERS. See: UTILITIES ments ............................. 16-60 Supp. No. 33 3129 WINTER SPRINGS CODE Section SIGNS AND ADVERTISING (Confd.) Traffic signs ............................ 12-67 Urban beautification. 2-76 et seq. See: URBAN BEAUTIFICATION Waiver ................................. 16-58 SILVER Secondhand precious metals, . 0 10-151 et seq. See: SECONDHAND PRECIOUS METALS SIRENS Noise provisions. 0 4 0 4 6 0 6 a 4 6 1 q 0 * . 0 0 0 6 & & 1, 13-32 SKATEBOARDING, ROLLER SKATING, ETC. Prohibition; signs....................... 13-62 SLOT MACHINES, DEVICES Prohibited; exceptions. 10-115 SODDING Land development requirements......... 9-160 SOLICITORS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS SPRTNIZT,FR, SYSTEMS Automatic fire sprinkler systems Florida Fire Prevention Code, local amendment to .................. 7-60 Property owner responsibility re......... 13-2(e) STATE Definitions and rules of construction..... 1-2 Florida Building Code, administrative amendments to. See: BUILDINGS Florida Fire Prevention Code, local amend- ment to ........................... 7-46 et seq. See: FIRE PREVENTION AND PROTECTION STORAGE Flood damage prevention Flood resistant development Compensatory storage for encroach- ments Compensatory storage........... 8-109 Temporary storage structures ........... 6-87 STORMWATER Stormwater management utility......... 19-161 et seq. See: UTILITIES STREETS AND SIDEWALKS Access control .......................... 17-29 City parks and recreational areas . . . . . . . 17-100 et seq. See: PARKS AND RECREATION Code violation Penalty by labor on street ............ 145 Dedicating, naming, establishing, etc., streets Certain ordinances not affected by Code 1-7(5) Supp. No. 33 3130 Section STREETS AND SIDEWALKS (Cont'd.) Definitions and rules of construction..... 1-2 Excavations Barricades, erection and lighting of ... 17-80 Bond required ....................... 17-77 Duty and liability of permit holder .... 17-79 Erection and lighting of barricades.... 17-80 Inspection ........................... 17-78 Permit required, . & 1 0 6 V 0 0 0 0 a & I 1 4 0 0 1 17-76 Fences, etc., limitations for streets....... 6-191 Flood resistant development ............ 8-104 et seq. See: FLOOD DAMAGE PREVENTION Grades Certain ordinances not affected by Code 1-7(6) Handbill distribution in public places prohibited ......................... 16-29 Intersections, obstruction of vision at .... 17-30 Land development requirements for streets, alleys, bridges, etc, ................ 9-146 et seq. See: LA1V1) DEVELOPMENNT Littering Generally ............................ 13-2 Prohibited ........................... 17-28 Locating, opening, paving, etc., streets Certain ordinances not a lected by Gode 1-7(5) New street; permit required ............. 17-26 Obstructions Street intersections, vision at......... 17-30 Streets and sidewalks; permit required 17-1 Permits Awnings erected over sidewalks, permits re .............................. 17-51 et seq. See herein: Sidewalks Excavation permits Duty and liability of permit holder . 17-79 Generally ......................... �17-76 New street; permit required .......... 17-26 Obstructing streets and sidewalks; permit required. 17-1 Public places Definitions and rules of construction .. 1-2 Rights -of -way permit fee election ........ 18-31 Sidewalks At-home sales, 10-137 Definitions and rules of construction .. 1-2 Land development requirements ...... 9-221 Permit for erection of awnings, etc., over sidewalks Fee............................... 17-52 Required; application .............. 17-51 Transportation impact fees .............. 9-386.1 et seq. See: LAND DEVELOPMENT Trees and shrubbery, removal prohibited. 17-28 Uniform building numbering system..... 9-370 et seq. See: BUILDINGS Urban beautification, . 2-76 et seq. See: URBAN BEAUTIFICATION Vacating and abandoning streets and alleys 17-27 Violations, penalties .................... 17-31 CODE INDEX Section Section STREETS AND SIDEWALKS (Cont'dl) TAXATION (Cont'd.) Widening, vacating, etc., streets Fire and emergency medical services Certain ordinances not affected by Code 1-7(5) Inclusion in Seminole County's fire and emergency services MSTU....... 7-1 SUBDIVISIONS Local business tax receipts Certain ordinances not affected by Code . 1-7(10), (12) Limitation on term; half -year receipts. 10-28 Flood damage prevention Local business tax receipts established 10-29 Flood resistant development Receipt year established. . 10-27 Subdivisions Minimum requirements ......... 8_82 Transfer of receipt ................... 10-30 Subdivision plats. ents00 ......... 8_83 Local improvements assessments Alternative method .................. 18-94 Land development ...................... 9-1 et seq. LAND DEVELOPMENT Assessed areas and advisory commit- See:Zonin regulations generally 20-1 et se tees g g g Y ' � � � � � � � � � � � q� Creation of advisory committees.... 18-55 See: ZONING Definition of assessed areas. 18-54 SUBSCRIPTION, SIGNATURE Landowner petition process. 18-56 Definitions and rules of construction..... 1-2 Collection of assessments Alternative method of collection .... 18-82 SUITS, ACTIONS AND OTHER PROCEED- Government 18-84 INGS property. ............ . Repeal of ordinances, effect of. .......... 1_g Method of collection ............... 18-81 Responsibility for enforcement ..... 18-83 SURETY BONDS. See: BONDS, SURETY Definitions .......................... 18-51 OR PERFORMANCE General findings. 18-53 Interpretation; title and citation ...... 18-52 SURVEYS, MAPS AND PLATS Issuance of obligations Certain ordinances not affected by Code . 1-7(10) Anticipation notes ................. 18-89 Land development platting requirements 9-1 et seq. General authority. 18-85 See: LAND DEVELOPMENT Refunding obligations .............. 18-93 Zoning map Remedies of holders ............... 18-92 Certain ordinances not affected by Code 1-7(15) Taxing power not pledged .......... 18-90 Working maps and procedures ....... 0 20-102 Temporary obligations ............. 18-88 SWEAR OR SWORN. See: OATH, AFFIRMA- Terms of the obligations ........... 18-86 TION, SWEAR OR SWORN Trust funds ....................... 18-91 Variable rate obligations........... 18-87 SWIMMING Local improvement assessments City parks and recreational areas Adoption of final local improvement Bathing; swimming; scuba diving. 17-118 assessment resolution......... 18-62 SWIMMING POOLS Annual local improvement assess - Buildings ment resolution ............. 1 18.63 Florida building code Authority ......................... 18-57 Electrical, plumbing, mechanical and Correction of errors and omissions.. 18-68 gas work ..................... 6-101 Effect of local improvement assess - Conflict with deed restrictions........... 6-223 went resolutions ............. 18-64 Contractor's qualifications .............. 6-214 Initial local improvement assess - Definitions ............................. 6-211 ment resolution .............4 18-58 Florida Building Code. 6-210 Lien of assessments ............... 18-65 Inspections. 6-213 Local improvement assessment roll. 18-59 Nuisances, 1 6-222 Notice by Permit, application; plans and specifica- Mail. . 6 0 0 t 0 a bad added 18-61 tions .............................. 6-212 Publication ..................... 18-60 Pool removal ........................... 6-220 Procedural irregularities........... 18-67 Yards .................................. 6-219 Revisions to....................... 18-66 Related service assessments T Adoption of final related service assessment resolution......... 18-74 TAXATION Annual related service assessment Annual fire rescue assessments ......... 18-151 et seq. resolution ................... 1 18-75 See: FIRE RESCUE ASSESSMENT Authority ......................... 18-69 Certain ordinances not affected by Code . 1-7(7) Correction of errors and omissions.. 18-80 Supp. No. 33 3131 WINTER SPRINGS CODE Section TAXATION (Cont'd,) Effect of related service assessment resolutions ................... 18-76 Initial related service assessment resolution .................... 18-70 Lien of assessments ............... 18-77 Notice by Mail, . 0 4 . 0 0 0 0 1 0 0 18-73 Publication ..................... 18-72 Procedural irregularities ........... 18-79 Related service assessment roll..... 18-71 Revisions to related service assess- ments ........................ 18-78 Municipal public service tax Collection by seller, 18-28 Exemptions .......................... 18-27 Interest and penalties ................ 18-30 Levy................................ 18-26 Rights -of -way permit fee election...... 18-31 Seller's records........... 19-29 Municipal service benefit units Approval of inclusion of certain proper- ties in Little Lake Howell MSBU 18-220 Little Lake Howell Municipal Service Benefit Unit 'Perm ................................ 18-221 TAXICABS. See: MOTOR VEHICLES AND TRAFFIC TELEGRAPH See: TAXATION TELEPHONES Emergency telephone number ........... 13-55 Public service tax, 18-26 et seq. See: TAXATION TELEVISION Dish antenna .......................... TERRITORY Annexations Certain ordinances not affected by Code THEATERS Adult entertainment establishments .... . See: ADULT ENTERTAINMENT ESTABLISHMENTS, SEXUALLY ORIENTED BUSINESSES TOBACCO AND TOBACCO PRODUCTS City parks and recreational areas Alcoholic beverages/tobacco products; gambling....................... TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC TRAILERS. See: MOBILE HOMES AND MOBILE HOME PARKS TRASH. See: GARBAGE AND TRASH 10-55 et seq. TREES AND SHRUBBERY Land development Clearing rights -of -way of trees ....... . Proper use of fertilizers ................ . See: FERTILIZERS, PROPER USE OF Streets, removal of trees and shrubbery on Tree protection and preservation Applicability ........................9 Authorization to adopt rules, regula- tions, fees for implementation... . Calculating tree protection zone, (App, C to Chap. 5) City arbor division ................... City trees; care and maintenance .... . Definitions .......................... Desirable trees, (App. B to Chap. 5) Development, construction, protection during; periodic inspection...... . Enforcement; penalties .............. . Exemption for tree removal activities authorized and preempted by state or federal law ................... Intent, purpose ...................... Minimum tree requirement .......... . Permit required: tree removal, land clearing; separate violations; criteria; contractor permit required Application, permit ............... . Contents; expiration; removal after expiration of permit ......... . Prohibitions ......................... Remedial action, Specimen, historic trees. . Tree protection area signage, (App. D to Chap. 5) Tree pruning standards .............. Tree replacement guidelines ......... . Undesirable trees, (App. A to Chap. 5) Voluntary tree planting, . 0 1 M 1 0 1 0 4 M w 4 * 0 lanting............... Waivers; incentive program and appeals TRESPASSING Conditions constituting trespassing..... . Utility protection, enforcement Trespass, u URBAN BEAUTIFICATION City manager's duties; use of existing city 17-108 boards and committees ............ . Master beautification plan; recommenda- tions to city commission........... . Purpose and intent ..................... Supp. No. 33 3132 UTILITIES Charges. See herein: Rates, Fees and Charges Section 9-129 19-310 et seq. 17-28 5-1 5-19 19-303 CODE INDEX Section Section UTILITIES (Cont'd.) UTILITIES (Cont'd.) Concurrency administration and evalua- Definitions .......................... 19-162 tion procedure Director (of public works) Level of service standards (LOS) ...... 9-510 et seq. Powers, duties, responsibilities ..... 19-168 See: LAND DEVELOPMENT Discharges into natural waters, Cross -connection control, backflow preven- municipal storm sewer system ... 19-170 tion Enforcement, penalties, legal proceed - Administration ...................... 19-153 ings............................ 19-175 Backflow prevention devices Fee created .......................... 19-163 Installation, testing and maintenance High risk screening .................. 19-174 of ............................ 19-155 Illicit discharges, connections (prohibi- Changes to manual .................. 19-152 tion)............................ 19-171 Cross -connection violations and penal- Industrial, commercial, construction ties ............................. 19-156 activities; stormwater discharges Inspection and testing, right of access. 19-154 from. .... add 0 VI*o**II ad 044,44 so 0 19-170.5 Intent............ ............... .... 19-150 Inspection, monitoring for compliance, Manual adopted by reference; compli- operational maintenance ....... a 19-173 ance required .................. 0 19-151 Interconnected municipal storm sewer Fees. See herein: Rates, Fees and Charges systems Fences, walls, etc., for utility easement .. 6-192 Control of pollutant contributions Flood resistant development ............ 8-84 et seq. from .......................... 19-172 See: FLOOD DAMAGE PREVENTION Prohibited acts, generally. 19-169 Land development Purpose; intent ...................... 19-161.5 Utilities services to be underground, Rates, schedule of .................... 19-164 exception ....................... 9-104 Stormwater management utility fund . 19-167 Water and sewer systems, require- Title adds. late ....................... 19-161 ments for ....................... 9-261 Utility protection, enforcement Permits Enforcement ......................... 19-304 Industrial wastewater contribution Meters furnished by, remain property permit........... ............ ... 19-52 of city; all water must pass through Proper use of fertilizers ................. 19-310 et seq. meter .......................... 19-300 See: FERTILIZERS, PROPER USE OF Right of entry of authorized agents, Public service tax. . a 1 6 & I 1 0 0 a * 0 0 * I I * 0 4 18-26 et seq. employees ...................... 19-301 See: TAXATION Tampering with city utility system .... 19-302 Rates, fees and charges Trespass, I a a 0 a 0 1 4 0 4 0 a 6 4 a * 0 0 a 1 0 1 0 4 0 a 6 4 19-303 Wastewater system. . 6 0 0 0 0 b 0 a % a 0 * 4 1 19-91 et seq. Wastewater system See herein: Wastewater System Accidental discharge protection 1...... 19-74 Reclaimed water system Charges. See herein: Rates, Fees and Definitions .......................... 19-136 Charges Inspection ........................... 19-140 Contaminants prohibited ............. 19-72 Rates and charges ..................a 19-138 Definitions .......................... 19-26 Routing and construction ............. 19-137 Discharges prohibited ................ 19-71 Service procedures, regulations ....... 19439 Enforcement ......................... 19-53 Promulgation, enforcement of ...... 19-139 Enforcement board ................... 19-30 Septic tanks Fees. See herein: Rates, Fees and Private septic tanks re wastewater Charges system ........................ a 19-29 Industrial wastewater contribution Sewers. See herein: Wastewater System permit. I I a a 0 0 a 4 6 4 v 0 * I * 6 a 4 1 1 4 0 * 19-52 Solid waste Inspection and monitoring ........... a 19-51 Garbage service to be provided for Penalties and charges...............0 19-31 certain tenants ................. 19-1 Pretreatment ........................ 19-73 Solid waste collection and disposal Private septic tanks .................. 19-29 authority; establishment of civil Public sewers, required use of ........ 19-28 citation penalty for violations .... 19-3 Rates, fees and charges Solid waste services; rates; penalties Annual rate review ................ 19-99 and enforcement for nonpayment 19-2 Appeals ........................... 19-98 Stormwater management utility Application requirements. 19400 Adjustment of fees .................. 0 19-166 Billing, payment, delinquency ...... 19-97 Billing, payment, penalties, enforce- Conservation methods ............. 19-94 ment........................... 19-165 Definitions........................ 19-91 Supp. No. 33 3133 UTILITIES (Cont'd.) Intent............................. Office hours ....................... Penalties and charges ............. . Policy for bill adjustments for unexplained excessive use..... Revenue .......................... Sewerage revenue generation system Accountant certification of adequate maintenance ..... Accounts established ........... . Deposits ........................ Expenditures ................... User charge Generally, Schedule. System ......................... Septic tanks, private ................ . Sewerage revenue generation system Accountant certification of adequate maintenance ................. Accounts established, Deposits .......................... Expenditures ...................... Use of wastewater system ........... . Water conservation and landscape irriga- tion............................... See: WATER CONSERVATION AND LANDSCAPE IRRIGATION Water shortage conditions and shortages Application of this article ............ . Definitions .......................... Enforcement ......................... Exception, 6 a Implementation ..................... . Intent and purpose. Penalties ............................ Water use constitutes acceptance of provisions of the article.......... Water uses, surcharges and factors considered ...................... CI VEHICLES. See: MOTOR VEHICLES AND TRAFFIC VENDORS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS VOTES, VOTING. See: ELECTIONS W WALLS. See: FENCES, WALLS, HEDGES AND ENCLOSURES WARES. See: GOODS, WARES OR MERCHANDISE WARRANTS. See: WRITS, WARRANTS AND OTHER PROCESSES Supp. No. 33 WINTER SPRINGS CODE Section Section WASTEWATER. See: UTILITIES 19-92 19-101 WATER AND SEWERS. See also: UTILI- 19-31 TIES Concurrency administration and evalua- 19-98.5 tion procedure 19-95 Level of service standards (LOS) ...... 9-510 et seq. See: LAND DEVELOPMENT Declaration of a state of emergency; water 19-129 use restrictions .................... 2-255 19426 Reclaimed water system ................ 19-136 et seq. 19-127 See: UTILITIES 19-128 Water shortage conditions and shortages. 19-200 et seq. See: UTILITIES 19-96 19-102 WATER CONSERVATION AND 19-93 LANDSCAPE IRRIGATION 19-29 Definitions ............................. 19-252 Enforcement ........................... 19-255 Except; ions .......................... I Q-9Kd 19429 Landscape irrigation schedules, vari- 19-126 ances, and restrictions. 19-253 19427 Purpose; applicability, . 19-251 19-128 19-27 WATERWAYS AND WATERCOURSES Boats. See that subject 19-251 et seq. Discharges into natural waters, municipal storm sewer system, . 19-170 Flood damage prevention ............... 8-1 et seq. See: FLOOD DAMAGE PREVENTION 19-202 Prohibitions ............................ 13-2 19-201 WEAPONS. See: FIREARMS AND 19-205 WE, 19-206 19-203 WEATHER 19-200 Weather emergencies ................... 2-261 19-207 WEEDS 19-208 Accumulation or untended growth of..... 13-2(c) 19-204 WILDLIFE City parks and recreational areas Hunting/wildlife preservation and conservation ...................0 17406 3134 WINE. See: ALCOHOLIC BEVERAGES WINTER SPRINGS. See: CITY WRITS, WARRANTS AND OTHER PROCESSES Subpoenas Code enforcement board powers....... 2-59 WRITTEN, IN WRITING Definitions and rules of construction..... 1-2 Y YARD SALES At-home sales .......................... 10-137 CODE INDEX Section Section YARDS AND OPEN SPACES ZONING (Cont'd.) Land development; public sites and open Outdoor storage and warehousing spaces ..1......................... 9-103 requirements Swimming pools, yard requirements re .. 6-219 Supplemental requirements ........ 20-256 Zoning regulations generally ............ 20-1 et seq. Uses permitted ...................... 20-252 See: ZONING C-3 Highway 17-92 Commercial District Building height regulations........... 20-346.2 YEAR Bulk regulations ..................... 20-346A Definitions and rules of construction..... 1-2 Conditional uses. 20-346.3 Generally, I 1 6 4 1 1 0 20-346 Z Uses permitted ...................... 20-346.1 CC Commerce Center District ZONING Bulk regulations ..................... 20-345.4 Administrative appeals ................. 20-35 Conditional uses ..................... 20-345.3 Land use decisions (procedures)......0 20-35 Generally*.. 20-345 Adult entertainment establishments Uses permitted ...................... 20-345.1 Generally. 10-100 Certain ordinances not affected by Code . 1-7(15) Basis for regulations and requirements Changes and amendments ............. 1 20-104 herein set forth, 6 a a 0 0 0 0 1 1 1 1,*** 20-2 Code enforcement ...................... 2-56 et seq. Buffers See: CODE ENFORCEMENT Residential wall buffers required...... 20-417 Commercial vehicles defined ............ 20-432 Building area regulations Comprehensive plan .................... 15-26 et seq. R-1 One -Family Dwelling District ..... 20-185 See: PLANNING AND DEVELOPMENT R-1AA and R-lA One -Family Dwelling Conditional uses Districts ........................ 20-165 C-1 Neighborhood Commercial Districts 20-234 R-1AAA Single -Family Dwelling C-2 General Commercial and Industrial ......... 20425 Districts.., ..................... 20-254 Districts .......... C-3 Highway 17-92 Commercial District 20-346.3 R-3 Multiple -Family Dwelling Districts 20-210 CC Commerce Center District .......1 20-345.3 R-CI Single -Family Dwelling Districts. 20-145 Expiration of conditional use approvals 20-36 R-U Rural Urban Dwelling Districts .. 20-270 I-1 Light Industrial District .......... 20-261 T-1 Trailer Home Districts............ 20-295 Land use decisions (procedures)....... 20-33 Building height regulations R-1 One -Family Dwelling District . . . . . 20-183 C-1 Neighborhood Commercial Districts 20-235 R-1AA and R-1A One -Family Dwelling C-2 General Commercial and Industrial Districts, 1 0 1 6 0 t 0 1 0 4 0 1 1 1 1 4 1 1 1 1 a I a 20-163 Districts ........................ 20-253 R-lAAA Single -Family Dwelling C-3 Highway 17-92 Commercial District 20-346.2 Districts ........................ 20-123 I-1 Light Industrial District .......... 20-260 R-3 Multiple -Family Dwelling Districts 20-208 R-1 One -Family Dwelling District..... 20-184 R-CI Single -Family Dwelling Districts. 20-143 R-1AA and R-lA One -Family Dwelling R-U Rural Urban Dwelling Districts .. 20-268 Districts ........................ 20-164 Construction R-1AAA Single -Family Dwelling R-T Mobile Home Park Districts, applica- Districts ........................ 20-124 tion for construction............. 20-317 R-3 Multiple -Family Dwelling Districts 20-209 Definitions ............................. 20-1 R-CI Single -Family Dwelling Districts. 20-144 Districts R-U Rural Urban Dwelling Districts. 20-269 C-1 Neighborhood Commercial Districts 20-231 et seq. C-1 Neighborhood Commercial Districts C-2 General Commercial and Industrial Building height regulations........... 20-235 Districts ........................ 20-251 et seq. Bulk regulations. 20-237 C-3 Highway 17-92 Commercial District 20-346.3 Conditional uses ..................... 20-234 CC Commerce Center District ........ 20-345 et seq. Generally,. 1 0 0 0 1 20-231 Changes and amendments............ 20-104 Off-street parking regulations ........ 20-238 Division of city. 1 0 1 1 1 1 1 1 6 6 20-101 Overlay district regulations........... 20-236 GreeneWay Interchange Zoning District 20-328 et seq. Uses permitted ...................... 20-232 I-1 Light Industrial District .......... 20-258 et seq. C-2 General Commercial and Industrial Official zoning map, working maps and Districts procedures .....................I 20-102 Building height regulations........... 20-253 Planned unit development............ 20-351 et seq. Bulk regulations ..................... 20-255 R-1 One -Family Dwelling District . . . . . 20-181 et seq. Conditional uses. 20-254 R-1AA and R-lA One -Family Dwelling Generally. 20-251 Districts........................ 20-161 et seq. Supp. No. 33 3135 ZONING (Confd.) R-1AAA Single -Family Dwelling Districts ........................ R-3 Multiple -Family Dwelling Districts R-CI Single -Family Dwelling Districts. Restrictions upon lands, buildings and structures ...................... R-T Mobile Home Park Districts ..... . R-U Rural Urban Dwelling Districts . . T-1 Trailer Home Districts........... . Town Center District Code........... . Division of city ......................... Flood damage prevention .............. . See: FLOOD DAMAGE PREVENTION Front yard regulations. See herein: Yards and Open Spaces GreeneWay Interchange Zoning District Building height ...................... Comprehensive plan and code compli- nnnn . nrl I__.....I .............. Development agreement; icon monu- ment sign ...................... Economic and fiscal impact require- ments .......................... General uses and intensities.......... Interconnectivity of multiple parcels . . Master development plan. a 0 6 0 6 1 1 1 1 0 Optional preliminary review ......... . Parking and driveway requirements.. . Permitted uses, conditional uses, incidental uses within buildings . Purpose ............................. Setbacks, 0 0 6 0 0 0 & a I I I I q 0 4 0 0 0 0 0 0 1 & a 6 Utility lines, pipes, conduit and infrastructure, . 0 0 4 664,101 0 4 0 0 0 0 6 Home occupations or home offices Regulation of ........................ I-1 Light Industrial District Building height regulations.......... . Bulk regulations ..................... Conditional uses .................... . Enclosed buildings; outside storage... . Generally, . 0 0 0 0 0 6 a 6 1 6 a & I I V 0 0 4 0 9 0 0 6 0 Uses permitted ...................... Interpretation, purpose and conflict .... . Land development. a 0 1 0 4 1 6 1 1 1 1 1 4 0 4 See: LAND DEVELOPMENT Land use decisions (procedures) Administrative appeals. Applications ......................... City commission; authority. . Community workshop requirements.. . Conceptual plan review —Non -binding and binding by development agree- ment........................... Conditional uses ................... 0 . Due process; special notice require- ments.........................0 Expiration of conditional use, variance, waiver approvals ................ WINTER SPRINGS CODE Section Section ZONING (Cont'd.) Intent;purpose ...................... 20-26 20-121 et seq. Limited administrative waivers ....... 20-37 20-206 et seq. Pre -application meeting .............. 20-28.2 20-141 et seq. Rezonings ........................... 20-31 Site and final engineering plans ...... 20-33.1 20-103 Staff review ......................... 20-30 20-311 et seq. Variances ............................ 20-32 20-266 et seq. Waivers ............................. 20-34 20-291 et seq. Limitations on residential densities...... 20-419 20-320 et seq. Lot coverage 20-101 R-1 One -Family Dwelling District ..... 20-187 8-1 et seq. R-1AA and R-1A One -Family Dwelling Districts, . 6 & a 6 a I I V V 4 0 4 0 0 4 0 & a M I q . 20-167 R4AAA Single -Family Dwelling Districts ........................ 20-127 R-3 Multiple -Family Dwelling Districts 20-212 20-331 R-CI Single -Family Dwelling Districts. 20-147 R-U Rural Urban Dwelling Districts .. 20-272 Mobile food dispensing vehicles.......... 20-650 20-336 Authorized locations ................. 20-650(c) Conditions of land use and operational 20-339 standards, . I & 6 1 1 q 0 . q 0 0 0 0 0 20-650(d) 20-329 Definitions .......................... 20-650(b) 20-335 Penalties ............................ 20-650(e) 20-337 Purpose and intent. 20-650(a) 20-338 Motor vehicles 20-333 Authorized commercial vehicles Limited -term parking permits, . 20-436 20-330 Residential areas, in ............... 20-434 20-328 Residentially zoned districts, in .... 20-435 20-332 Commercial vehicles defined, ......... 20-432 Exempted vehicles ................... 20-437 20-334 Parking areas on residential lots; design requirements ..................0 20-439 20-452 Parking vehicles in residential front yards and on sidewalks prohibited 20-438 20-260 Parking, storage or maintenance of 20-262 certain vehicles prohibited in 20-261 residentially zoned districts...... 20-431 20-263 Storage, repair, etc., of disabled motor 20-258 vehicles; approved............... 20-433 20-259 Official zoning map, working maps and 20-5 procedures ........................ 20-102 9-1 et seq. Off-street parking regulations C-1 Neighborhood Commercial Districts 20-238 R-1 One -Family Dwelling District ..... 20-189 20-35 R-1AA and R-lA One -Family Dwelling 20-29 Districts ........................ 20-169 20-27 R-1AAA Single -Family Dwelling 20-29.1 Districts. q 0 0 4 0 a 0 0 6 4 6 a & a 1 0 4 0 0 a 0 1 & 20-128 R-3 Multiple -Family Dwelling Districts 20-213 R-CI Single -Family Dwelling Districts. 20-148 20-28.1 R-U Rural Urban Dwelling Districts .. 20-273 20-33 Outdoor storage and warehousing require- ments 20-28 Supplemental requirements in C-2 General Commercial and Industrial 20-36 Districts ........................ 20-256 Supp. No. 33 3136 CODE INDEX Section Section ZONING (Cont'd.) ZONING (Cont'd.) Parking, storage or maintenance of vehicles. Off-street parking regulations ........ 20-128 See herein: Motor Vehicles Uses permitted ...................... 20-122 Permits R-3 Multiple -Family Dwelling Districts T-1 Trailer Home Districts............ 20-293 Building area regulations. a 0 0 0 0 0 0 0 0 0 4 20-210 Planned unit developments Building height regulations........... 20-209 Additional requirements. . 20-358 Conditional uses ..................... 20-208 Amendment to existing PUD.......... 20-357 Designation .......................... 20-206 Appeals ............................. 20-355 Front, rear and side yard regulations 20-211 Control of development following Lot coverage......*.*. &****Do *feel *09 20-212 recordation of development agree- Off-street parking regulations ........ 20-213 ment........................... 20-356 Uses permitted ...................... 20-207 Development agreement and master R-CI Single -Family Dwelling Districts plan ............................ 20-352 Building area regulations............. 20-145 Intent and purpose of district......... 20-351 Building height regulations........... 20-144 Procedures for approval of planned unit Conditional uses ..................... 20-143 development zoning classification 20-354 Designation. . 4 4 6 4 6 * 0 a 6 a a a 0 0 4 0 * 0 * * 0 0 a 20-141 Standards for planned unit develop- Front, rear and side yard regulations . 20-146 ments.......................... 20-353 Lot coverage......................... 20-147 Planning and zoning board Off-street parking regulations ....... 1 20-148 Assistants ........................... 20-58 Uses permitted ...................... 20-142 Compensation; allowances for expenses Rear yard regulations. See herein: Yards incurred in performance of duties 20-55 and Open Spaces Composition, appointment of members 20-52 Residentially zoned districts, parking, stor- Created ............................. 20-51 age or maintenance of certain vehicles Duties; general ...................... 20-57 prohibited in ...................... 20-431 Meetings; quorum; records to be kept.. 20-56 Restrictions upon lands, buildings and Term; filling vacancies; removal of structures ......................... 20-103 members ....................... 20-53 Rezoning Prohibited uses Land use decisions (procedures)....... 20-31 R-T Mobile Home Park Districts ...... 20-315 Official zoning map, working maps, Purpose of provisions ................... 20-3 procedures...................... 20-102 R-1 One -Family Dwelling District R-T Mobile Home Park Districts, applica- Building height regulations........... 20-184 tion for rezoning ................ 20-316 Building site area regulations......... 20-185 Waiting period for .................... 2-117 Conditional uses 20-183 R-T Mobile Home Park Districts ..................... Front, rear and side yard regulations 20-186 Construction, application ............. 20-317 Generally ............................ 20-181 Definition of terms.*................. 20-311 Lot coverage.... & a 0 0 0 4 0 4 0 20-187 Description of district................ 20-312 Off-street parking regulations ........ 20-189 Minimum development standards and Use, area and yard exceptions ........ 20-188 requirements ................... 20-318 Uses permitted ...................... 20-182 Prohibited uses ...................... 20-315 R-L&A and R-lA One -Family Dwelling Rezoning, application, a 0 4 0 4 4 0 0 0 4 a 0 0 20-316 Districts Special accessory uses. * I a 20-314 Building area regulations ............. 20-165 Special requirements................. 20-319 Building height regulations........... 20-164 Uses permitted ...................... 20-313 Conditional uses ..................... 20-163 R-U Rural Urban Dwelling Districts Designation,. 6 6 a 0 0 a * 0 b 4 4 a 1 4 6 4 6 a 0 0 0 * 0 a 20-161 Building height regulations........... 20-269 Front, rear and side yard regulations . 20-166 Building site area regulations......... 20-270 Lot coverage ......................... 20-167 Conditional uses..................... 20-268 Off-street parking regulations ....... 4 20-169 Front, rear and side yard requirements 20-271 Use, area and yard exceptions .......0 20-168 Generally. . a 0 0 * 0 0 b 0 0 0 4 V I I I a I I a I a a I I a 20-266 Uses permitted ...................... 20-162 Lot coverage......................... 20-272 R-1AAA Single -Family Dwelling Districts Off-street parking regulations ....... a 20-273 Building area regulations, a a I 1 6 6 1 4 4 a 0 b 20-125 Uses permitted ...................... 20-267 Building height regulations........... 20-124 Scope of provisions ..................... 20-4 Conditional uses ..................... 20-123 Sexually oriented businesses Designation.*. beat 60 0040*0 04 be 11 20-121 Generally,........................... 10-100 Front, rear and side yard regulations . 20-126 Side yard regulations. See herein: Yards Lot coverage ......................... 20-127 and Open Spaces Supp. No. 33 3137 WINTER SPRINGS CODE Section ZONING (Cont'd.) Site development standards Planned unit development............ Special accessory uses 20-353 R-T Mobile Home Park Districts ...... S.R. 434 and Tuskawilla Road streetscape 20-314 requirements Intent ............................... Streetscape 20-600 Appropriate illustrations........... Requirements ..................... S.R. 434 corridor overlay plan 20-602 20-601 Creation, 0 4 0 a 0 1 0 a 0 0 1 0 a 0 0 * 1 6 General design standards for new 20-462 development area Applicability ...................... Building and screening design 20-463 guidelines .................... Building height, .. �... iia... ......,...... ...,,....•',.bi ...,..... Development agreement. Large footprint buildings........... Off-street parking and driveway 20-473 20-464 on AVo ut. .i.Ij 20-474 20468 requirements.,. Setbacks .......................... 20-467 20-465 Streetscape required, Utility lines ....................... Storage, outdoor 20-466 20471 Supplemental requirements in C-2 General Commercial and Industrial Districts ........................ Storage, repair, etc., of disabled motor 20-256 vehicles; approved ................. Supplemental District regulations 20-433 Animals ............................. Exceptions, V 0 V 0 V 4 0 0 0 0 0 0 1 0 1 0 0 0 a 0 a 6 a a 4 0 Gasoline stations. I I & I I I I I I I I 1 0 V I I I V 0 V Home occupations or home offices. See 20-413 20-414 20-418 herein that subject Kennels zoning ...................... Motor vehicles. See herein that subject 20-416 Pill mills ............................ Public, private and charter school and 20-421 daycare center siting criteria .... Residential wall buffers required...... Secondary metals recyclers and similar 20-422 20-417 non -hazardous recyclers......... Self-service storage facilities. Telecommunications towers. See herein 20-420 20-423 that subject Trailers In residential areas. Uses .............................. T-1 Trailer Home Districts 20411 20-412 Building site area regulations......... Description of district ................ Minimum front, rear and yard regula- 20-295 20-291 tions ........................... Permits .............................. Special requirements. 20-296 20-293 20-297 Supp. No. 33 3138 Section ZONING (Cont'd.) Telecommunications towers Siting and regulation of telecommunica- tion towers ..................... Town Center District Code 20-451 Administration ...................... Architectural guidelines .............. Building elements. Definitions .......................... General provisions ................... Intent............................... Permitted uses, 1 0 0 Signs.......,,,,., Transect standards................... Use, area and yard exceptions 20-321 20-327 20-326 20-322 20-324 20-320 20-323 20-327.1 20-325 R-1 One -Family Dwelling District ..... R-1AA and R-1A One -Family Dwelling 20-188 Districts ........................ Uses permitted 20-168 C-1 Neighborhood Commercial Districts 20-232 C-2 General Commercial and Industrial Districts ........................ C-3 Highway 17-92 Commercial District 20-252 20-346.1 CC Conuuerce Center District ........ I-1 Light Industrial District .......... R-1 One -Family Dwelling District ..... R-lAA and R-lA One -Family Dwelling 20-345.1 20-259 20-182 Districts ........................ R-1AAA Single -Family Dwelling 20-162 Districts ........................ R-3 Multiple -Family Dwelling Districts 20-122 20-207 R-CI Single -Family Dwelling Districts. R-T Mobile Home Park Districts ...... R-U Rural Urban Dwelling Districts .. T-1 Trailer Home Districts,........... Variances 20-142 20-313 20-267 20-292, 20-294 Expiration of variance approvals. Land use decisions (procedures)....... Violation, penalty, Waivers 20-36 20-32 20-6 Expiration of waiver approvals........ Land use decisions (procedures)....... Yards and open spaces 20-36 20-34 C-1 Neighborhood Commercial Districts 20-237 R-1 One -Family Dwelling District Front, rear and side yard regulations 20-186 Use, area and yard exceptions...... R-IAA and R-1A One -Family Dwelling 20-188 Districts ........................ Use, area and yard exception....... R-1AAA Single -Family Dwelling 20-166 20468 Districts ........................ R-3 Multiple -Family Dwelling Districts 20-126 20-211 R-CI Single -Family Dwelling Districts, R-U Rural Urban Dwelling Districts .. T-1 Trailer Home Districts............ Zoning board. See herein: Planning and 20-146 20-271 20-296 Zoning Board Section ZONING (Cont'd.) Zoning map Certain ordinances not affected by Code 1-7(15) Supp. No. 33 3139 Section