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Home My WebLink AboutSupplement No.32SUPPLEMENT NO. 32 November 2024 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. 2024-08, enacted August 26, 2024. See the Code Comparative Table for further information. Remove Old Pages ix—xv Checklist of up-to-date pages SH:3 140.11-140.14 655366 385-398 561, 562 583-584.2 821, 822 315932 933-935 12471254 1311-1322912 1342.29-1342.34 1342.36.13, 1342.36014 1355, 1356 1361, 1362 1381-1384 2107 2145-2147 3111-3139 Insert New Pages ix—xv Checklist of up-to-date pages (following Table of Contents) SH:3 140.11-140.1402 3653366 385--403 561-562.2 583-584.6 821, 822 931, 932 933-935 1247-1254.2 1311-1322912 1342.29-1342.34 1342.36.13, 1342.36014 1355, 1356 1361, 1362 1381-1384.2 2107, 2108 2145-2147 3111-3139 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. INSTRUCTION SHEET—Cont'dI it�fo�)rtturtioodo.cort� � €i�11.7.6"L.2633 � www.rr�urtlooda.tanln RO, Box 2235 Tallahassee, FL 32:316 CURRENT OFFICIALS CITY OF WINTER SPRINGS, FLORIDA Kevin McCann Mayor Paul Diaz Victoria Bruce Sarah Baker Cade Resnick Mark Caruso City Commission Kevin A. Sweet City Manager Anthony A. Garganese City Attorney Christian Gowan City Clerk Supp. No. 32 iii 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. II. 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 .......................................... 133 Art. I. In General .................................. 137 Art. II. City Commission 138 Art. III. Boards, Committees, Commissions ......... 0 140.14 Div. 1. Generally ............................... 140.14 Div. 2. Code Enforcement ....................... 143 Subdiv. A. Code Enforcement ............... 143 Subdiv. B. Citations ........................ 144.6 Div. 3. Reserved. . 0 * 4 0 % * a a 0 0 0 a 9 0 0 a a 9 4 0 6 0 0 4 0 9 146.1 Div. 4. Urban Beautification .................... 146.1 Art. IV. Elections ................................... 146.2 Art. V. Annexations and Rezoning ................... 148 Supp. No. 32 ix WINTER SPRINGS CODE Chapter Page Art. VI. Finance ................................... 148 Div. 1. Generally ..............................a 148 Div. 2. Purchasing, a 0 6 a 4 6 0 4 6 5 4 a 9 0 6 0 0 1 5 a 6 0 8 9 9 t a 0 6 148 Div. 3. City -Owned Personal Property ........... 148.1 Art. VII. Emergency Management ................... 149 Div. 1. Generally .............................. 0 149 Div. 2. Conditions of Emergency, a 9 0 a 5 6 6 a to 0 0 a 9 0 a 152 Art. VIII. Jobs Growth Incentive Grant Program..... 153 3. Alcoholic Beverages....................................6 203 4. Animals ................................................ 257 5. Tree Protection and Preservation. a a 0 0 04004 4 0*20 0 a 0 9 0 0 0 a 2 0 309 App. A. Undesirable Trees .......................... 331 App. Be Desirable Trees ............................ 333 App. C. Approved Streetscape Canopy Tree Types For Sttreetscapes Along Sett. 434 and Tuskawilla Road, a a 1 0 0 b a 0 0 a 0 4 6 5 0 6 4 0 o I a 6 0 6 a 0 a a 4 a 9 0 0 0 0 6 0 0 340 App. D. Tree Protection Area Signage ............... 341 6. Buildings and Building Regulations ...................... 365 Art. 1. In General ................. a 0 6 0 4 6 0 0 a 0 t 0 367 Art. II. Administration ............................. 367 Div. 1. Generally ..............................0 367 Div. 2. Reserved.......... easoame 6 a 4 a 0 0 a 9 & a 9 0 6 a a 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. a 0 0 a a 0 6 9 8 0 0 & 0 4 a 0 0 a 9 398 Art. VIII. International Property Maintenance Code . 401 7. Fire Prevention and Protection, a 0 a 0 4 a a 0 a a 433 Art. I. Fire and Emergency Medical Services......... 435 Art, I1. In General ................................. 435 Art. III. Local Amendment to the Florida Fire Preven- tionCode .................................. 436 Art. IV. Fire Hydrants, 0 a a 0 t 0 a 0 0 0 0 0 1 a 0 a 0 0 0 6 a 0 a 0 a 0 0 a 0 437 8. Flood Damage Prevention, a a 4 0 a a 0 0 a 9 0 a 0 6 a 0 4 0 0 6 0 4 0 0 a a 0 a 0 0 6 493 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 Div. 6. Inspections .............................. 509 Div. 7. Variances and Appeals ..............memo . 510 Supp, No. 32 % TABLE OF CONTENTS-Cont'd. Chapter Page Div. 8. Violations ............................... 512 Art. III. Flood Resistant Development ............... 512 Div. 1. Buildings and Structures, a a a 0 00*4 a a a a 6 4 6 512 Div. 2. Subdivisions. . a . a 6 6 4 0 0 0 a 1 9 0 a 0 6 a & a 6 9 0 4 0 1 9 512 Div. 3. Site Improvements, Utilities and Limita- tions.................................... 513 Div. 4. Manufactured Homes ................... 0 514 Div. 5. Recreational Vehicles and Park Trailers... 514 Div, 6. Tanks ................................... 515 Div. 7. Other Development ...................... 515 Div. 8. Accessory Structures. 4 0 0 & 4 a 9 a 4 a 0 N6**&*&at 516 Div. 9. Compensatory Storage for Encroachments 516 Div. 10. Setback Standards. . * 6 & 4 t & a 0 * 9 1 6 1 6 0 0 * a & a 517 9. Land Development ...................................... 555 Art. I. In General .................................. 561 Art. 11. Procedure for Securing Approval of Plans and Plats....................................... 564.2 Div. 1. Generally ............................... 564.2 Div. 2. Preliminary Plan ........................ 564.2 Div. 3. Final Development Plan, Final Plat ...... 566 Art. III. Design Standards .......................... 569 Div. 1. Generally ............................... 569 Div. 2. Lots and Blocks ......................... 571 Div. 3. Streets and Alleys ....................... 572 Art. IV. Required Improvements .................... 576 Div. 1. Generally ............................... 576 Div. 2. Streets and Bridges ..................... 579 Div. 3. Sidewalks, Driveways, Curbs and Gutters. 582 Div. 4. Drainage. . 6 a a 4 0 t 0 9 5 0 6 a *1 6 6 a 6 0 0 4 9 2 6 a 61 a 583 Div. 5. Utilities ................................ 584.5 Div. 6. Off -Street Parking and Loading .......... 585 Div. 7. Dumpsters .............................. 591 Art. V. Design Standards ........................... 592 Art. VI. Reserved .................................. 604 Art. VII. Uniform Building Numbering System ...... 604 Art. VIII. Impact Fees.. a 9 4 1 a a 9 6 a * 4 a 4 1 a9064*0* 606 Div. 1. Generally ............................... 606 Div. 2. Transportation Facilities ................. 606 Div, 3. Police, Fire, and Parks and Recreation. 0 4 625 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, . 0 & 1 6 0 0 a 0 0 0 0 0 2 9 % 9 a a 0 0 644 Div. 5. Transportation Facility Proportionate Fair - Share Mitigation Program ............... 644.1 Supp. No. 32 xi WINTER SPRINGS CODE Chapter Page Art. 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 Art, 1. In General.................................0 817 Art. II. Administration ............................. 818 Art. III. Regulations ................................ 820 Div. 1. Generally ............................... 820 Div. 2. Stopping, "anding, i arldag ............. 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, . a 9 8 4 6 & a * 6 9 0 0 9 0 4 4 a 0 a 9 9 a 0 9 883 Div. 4. Exceptions and Variances ................ 884 Div. 5. Sound Levels by Receiving Land Use ..... 885 Div. 6. Measurement Procedures ................ 885 Div. 7. Enforcement ............................ 886 Art. III. Fire and Security Alarms ................... 887 Art. IV. Miscellaneous Nuisances .................... 889 Art. V. Public Nuisance Abatement Board ........... 890 14. Personnel................. 9 4 4 0 8 4 6 1 a 0 0 4 4 4 4 6 6 1 931 Art. I. In General .................................. 933 Art. II. Old Age and Survivors Insurance ............ 934 Art. III. Pension Plan .............................. 935 15. Planning.............................................0 985 Art. I. In General .................................. 987 Art. II. Comprehensive Plan ........................ 987 Art. III. Comprehensive Plan Amendments .......... 987 16. Signs and Advertising .................................. 1041 Art. I. In General .................................. 1043 Supp. No. 32 X11 TABLE OF CONTENTS-Cont'd. Chapter Page Art. II. Distribution of Handbills and Periodicals..... 1043 Art. III. Signs ...................................... 1045 Div. 1. Generally ............................... 1045 Div. 2. Standards.. 1052 17. Streets, Sidewalks and Other Public Places ............. 0 1101 Art. I. In General .................................. 1103 Art. II. Streets.. . am a a a 6a am 6 a am 6 a, to 9 at at a am &am* am 1103 Art. III. Sidewalks ................................. 1105 Art. IV. Excavations ................................ 1105 Art. V. City Parks and Recreational Areas ........... 1106 18. Taxation ............................................... 1157 Art. I. In General..............................moat 1159 Art. II. Municipal Public Service Tax ................ 1159 Art. III. Local Improvements Assessments* . 9 a a a 6 0 0 a 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 ......... 1180 Div. 3. Collection and Use of Fire Rescue Assess- ments.................................. 1186 Div. 4. General Provisions ..................... a 1189 Art. V. Municipal Service Benefit Units.. . 0 6 a a a 1 0 6 & a 6 1189 Div. 1. Little Lake Howell Municipal Service Benefit Unit.................................... 1189 19. Utilities ............................................... 1227 Art. I. Solid Waste ................................ 0 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. a a 9 a a 9 a a 0 a 4 0 a 0 a a 0 0 a 0 0 1254.2 Div. 1. Generally ............................... 1254.2 Div. 2. Cross -Connection Control, Backflow Preven- tion ..................................... 1254.2 Art. V Stormwater Management Utility ............ 1 1255 Art. VI. Water Shortage Conditions and Shortages ... 1260.7 Supp. No. 32 Xili WINTER SPRINGS CODE Chapter Page Art. VII. Water Conservation and Landsacape Irriga- tion...................................... 1263 Art. VIII. Utility Protection and Enforcement........ 1266 Art. IX. Proper Use of Fertilizers .................... 1267 20. Zoning ................................................. 1305 Art. I. In General .................................. 1311 Art. II. Administration ............................. 1316 Div. 1. Procedure; Land Use Decisions ........... 1316 Div. 2. Planning and Zoning Board .......loss ... 1322.11 Div. 3. Reserved...................., 6 a 1 0 a 0 0 6 6 a 1323 Art. III. Establishment of Districts .................. 1323 Div. 1. Generally ............................... 1323 Div. 2. R4AAA Single -Family Dwelling Districts. 1325 Div. 3. R-CI Single -Family Dwelling District ..... 1326 Div. 4. R4AA and R-1A One -Family Dwellinv Districts ............................... 6 1327 Div. 5. R4 One -Family Dwelling Districts ....... 1329 Div. 6. R-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. * a a 6 a 0 a a 0 0 see 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 ............................... 1355 Div. 2. Motor Vehicles .......................... 1360.1 Div. 3. Siting and Regulation of Telecommunications Towers. 4 a 0 a a 0 6 a a 1370.3 Div. 4. Regulation of Home Occupations or Home Offices....... 0 0 0 4 a 0 4 * 0 4 9 0 t * 0 4 0 * 6 a 0 a a a a 1380 Art. VI. S.R. 434 Corridor Vision Plan. . 0 * 0 * a 0 9 0 4 0 a 1382 Div. 1. S.R. 434 Corridor Overlay District........ 1382 Div. 2. General Design Standards for New Develop- mentArea .............................. 1382 Div. 3. Reserved. . 4 1386 Div. 4. Reserved...................., sees 0946969 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 Code Comparative Table -Ordinances ........................ 2093 Supp. No. 32 xiV TABLE OF CONTENTS—Cont'd. Page State Law Reference Table .................................. 2145 Charter Index .............................................. 2197 CodeIndex ................................................. 3101 Supp. No. 32 XV ChecIdist of Up -to -Date Pages (This checklist wil► 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 in 32 77, 78 4 v vi OC 79, 80 OC vii, viii OC 81, 82 OC ix, x 32 83 4 xi, xii 32 1335134 23 xiii xiv 32 135, 136 23 xv 32 137, 138 17 SH:1, SH:2 25 138.15 138.2 31 SH:3 32 13% 140 31 15 2 16 140.15 140.2 29 354 16 140.35 140.4 23 55 6 16 140.51140.6 30 7� g 16 140.75 140.8 30 9, 10 16 140.8.15 1400842 30 11, 12 16 140.95 140.10 23 13, 14 16 140.11, 140.12 32 15, 16 12 140.135 t40A4 32 17, 18 12 140J461, 140.1402 32 19520 12 140.155 140A6 23 21 22 141, 142 24 [1] Supp. No. 32 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 1435144 22 341 27 144013 14402 22 365,366 32 144.35 14404 22 3675 368 19 144.5, 144.6 22 369,370 19 14435 144.8 22 371,372 19 144095 144,10 22 3735 374 19 1455 146 24 375,376 19 146.1, 14602 24 3775 378 26 146935 14604 24 379,380 19 1475 148 31 3815 382 19 148.1, 14802 31 3835 384 29 14% 150 OC 3855 386 32 15I 157 1u �o/ o 3L 1533 154 18 389,390 32 1551 156 18 3915 392 32 2035 204 4 3935 394 32 205,, 206 n 3 5 ; �; 32 207,208 4 3973 398 32 257 OC 3995 400 32 259 OC 401, 402 32 309,310 27 403 32 311,312 27 4335 434 14 313,314 27 4355 436 22 3155 316 30 4375 438 22 316.1, 31602 30 4395 440 OC 317,318 27 441,442 OC 319,320 27 493,494 29 321,322 27 495,496 29 323,324 30 4975 498 29 3255 326 30 499,500 29 32601, 32602 30 5015 502 29 3273 328 27 5035 504 29 3291330 27 505,506 29 3313 332 27 5071508 29 33,334 27 509, 510 29 35,336 27 511,512 29 37,338 27 513,514 29 3395 340 27 5155 516 29 [2) Supp. No. 32 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 517 29 615, 616 23 5555556 26 6175618 23 5575558 26 619,620 23 5595560 26 621,622 23 561,562 32 6235624 15 562.15 562.2 32 625,626 24 563,564 22 6275628 24 564.1, 564.2 16 6295630 24 564.35 564.4 16 631,632 18 5655566 OC 6355636 OC 5675568 OC 637,638 2 5695570 29 6395640 26 5715572 OC 6415642 10 573,574 17 643,644 10 575,576 OC 644.1, 644.2 10 5775578 OC 644.3, 644.4 10 57% 580 OC 644.55 644.6 10 581,582 6 6455646 1.1 5835584 32 647,648 5 584.15 584.2 32 649,650 15 584.35 584.4 32 6515652 10 584.55 584.6 32 693,694 19 5855586 OC 695,696 10 587,588 OC 696.15 696.2 10 5895590 16 6975698 5 591,592 16 69% 700 5 5911, 592.2 3 7015702 5 593,594 OC 703,704 5 595,596 OC 7055706 10 5975598 OC 707,708 5 59% 600 OC 70% 710 10 6011602 OC 711,712 5 603,604 26 7131714 5 605,606 26 715,716 10 607,608 26 717,718 5 6095610 26 7195720 5 6111612 26 721,722 5 613,614 23 723,724 5 [31 Stipp. No. 32 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 7255726 10 987, 988 19 7275728 5 989 19 729,730 5 10415 1042 19 731,732 10 1043, 1044 OC 733,734 10 1045, 1046 19 735,736 10 1047, 1048 19 737,738 19 1049, 1050 19 7615762 27 1051, 1052 20 7635764 27 1053, 1054 20 8153816 23 1055, 1056 21 8175818 OC 1056.1, 1056.2 21 8195820 7 1056.3, 1056.4 21 R21 R�7 �2 iv✓7,1v✓u iy 8235824 22 1059 19 8259826 22 1101, 1102 18 826.1, 826.2 21 1103, 1104 18 827, 828 16 1105, 1106 18 82% 830 23 1107, 1108 18 8315832 23 11095 1110 18 833,834 23 1111, 1112 22 873,874 30 1113, 1114 22 875,876 6 11575 1158 12 877,878 22 1158.1, 1158.2 29 879, 880 30 1159, 1160 2 880.15 880.2 30 1161, 1162 2 881, 882 26 1162.19 1162.2 3 883,884 26 1163, 1164 OC 884.1, 884.2 26 11655 1166 17 885,886 22 1167, 1168 OC 8875888 22 1169, 1170 OC 888.1, 888.2 22 11715 1172 OC 893890 19 11735 1174 OC 891, 892 19 1175, 1176 4 935894 19 11775 1178 12 315932 32 117% 1180 12 9333 934 32 11815 1182 12 935 32 11833 1184 12 85,986 19 11855 1186 12 Supp. No. 32 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1187, 1188 12 1313, 1314 32 1189 29 1315, 1316 32 1227, 1228 20 1317, 1318 32 1229, 1230 24 1319, 1320 32 1230.15 1230.2 20 1321, 1322 32 1231, 1232 22 132241, 1322.2 32 1232.1, 1232.2 22 1322435 1322.4 32 12335 1234 OC 1322.55 1322.6 32 1235, 1236 OC 1322.7, 1322.8 32 1237, 1238 OC 1322095 1322010 32 1239, 1240 OC 1322.11, 1322.12 32 1241, 1242 18 1323, 1324 16 1243, 1244 18 1325, 1326 20 1245, 1246 18 1327, 1328 20 124601, 1246.2 18 1329, 1330 20 1247, 1248 32 1331, 1332 20 1249, 1250 32 1332.1, 1332.2 31 1251, 1252 32 1332.3, 1332.4 31 1253, 1254 32 1333, 1334 24 1254415 1254.2 32 1335, 1336 24 1255, 1256 16 1336015 1336.2 31 1257, 1258 16 1336435 1336.4 31 1259, 1260 16 1336.5, 1336.E 20 1260.11 1260.2 6 1337, 1338 OC 1260.3, 1260.4 6 1339, 1340 OC 1260.55 1260.6 22 1341, 1342 18 1260.7, 1260.8 22 1342013 1342.2 18 12615 1262 3 1342.35 1342.4 26 1263, 1264 16 1342.55 1342.6 26 1265, 1266 16 134269, 1342.10 18 1267, 1268 30 13429115 1342.12 18 126% 1270 30 1342.13, 1342014 18 12715 1272 30 1342.155 1342016 30 1305, 1306 26 1342.17, 1342,18 30 1307, 1308 26 1342.19) 1342.20 18 1309, 1310 31 1342.21, 1342.22 18 1310.1 31 1342.23, 1342624 26 1311, 1312 32 1342.25, 1342426 27 [5] Supp. No. 32 Page No. 1342.271 1342.28 1342.29, 1342930 1342.31, 1342.32 1342.33, 1342.34 1342.35, 1342.36 1342.36.1, 1342,3692 1342.36.3, 134293604 1342.36.5, 1342.36.6 1342.36.7, 1342.36.8 1342.36.9, 1342936.10 1342.36.115 1342936012 1342.36.131 1342436014 1342 36 i 5, 134?.36.1 1342.369175 1342.36.18 1342.36.193 1342.36.20 1342.36.21, 1342.36.22 1349.36.?35 13Q?.36.?4 1342.36.25, 1342.36.26 1342.36.27, 1342936.28 1342.36.293 1342.36.30 1342.36.31, 1342.36.32 1342.36.33, 1342.36.34 1342.36.35, 1342.36.36 1342.36.37, 1342.36.38 1342936.395 1342.36.40 1342.36.41, 1342,36042 1342.36.43, 1342.36.44 1342.36.45, 1342.36.46 1342.36.471 1342.36.48 1342.36.495 1342.36.50 1342.36.515 1342.36.52 1342.36.535 1342.36.54 1342.36.555 1342.36956 1343, 1344 1344015 1344.2 1345, 1346 1346015 1346.2 1346.3, 1346.4 Supp. No. 32 WINTER SPRINGS CODE Supp. No. Page No. Supp. No. 27 1347, 1348 31 32 1349, 1350 31 32 1350.1, 1350.2 22 32 1351, 1352 20 27 1353, 1354 20 27 1355, 1356 32 18 1357, 1358 26 18 1359, 1360 31 18 1360.1, 1360.2 31 18 1360.3, 1360.4 31 18 1361, 1362 32 32 1363, 1364 26 1Q 11riz ,I« X✓V✓, IJuu GU 18 1367 26 18 1370435 1370.4 15 18 1371, 1372 10 18 13735 137A 16 18 13753 1376 10 18 13775 1378 10 18 13795 1380 18 18 13815 1382 32 18 13835 1384 32 18 1384.1, 1384.2 32 18 1385, 1386 27 18 1387, 1388 27 26 138% 1390 27 18 1391, 1392 27 18 1393 27 18 2091, 2092 OC 18 2093, 2094 OC 18 2095, 2096 OC 18 2097, 2098 9 18 2099, 2100 9 26 2101, 2102 18 26 2103, 2104 21 21 2105, 2106 27 21 2107, 2108 32 21 2145, 2146 32 [6] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 2147 32 21975 2198 16 2199 16 3111,3112 32 3113, 3114 32 311553116 32 31175 3118 32 3119, 3120 32 31215 3122 32 31235 3124 32 3125, 3126 32 3127, 3128 32 3129,3130 32 313153132 32 3133, 3134 32 3135, 3136 32 3137,3138 32 3139 32 Supp. No. 32 [7] SUPPLEMENT HISTORY TABLE Date Include/ Ord. No. Adopted Omit Supp. No. 2019-07 5-13-19 Include 26 2019-08 5-13-19 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 2021-02 442-21 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 1242-22 Include 30 2022-06 12-12-22 Omit 30 2022-09 9-12-22 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 12-11-23 Include 32 2023-08 8-14-23 Include 32 202340 11-16-23 Include 32 202343 1241-23 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 Supp. No. 32 SH:3 ADMINISTRATION all applicable city codes and the evidentiary presentation formali- ordinances and state and federal ties set forth in this subsection (h), law shall be deemed part of the consider the matter informally at record in all applications considered its discretion, and rely on the city by the city commission. staff recommendation as uncontested and unrebutted competent L If an applicant, party intervenor, or substantial evidence, and take final objector anticipates presenting, for action in a manner deemed appropri- the hearing record, a detailed writ- ate by the city commission to conduct ten report as evidence, the applicant, orderly and efficient city business. party intervenor, or objector may submit the report to the city clerk in n. The city commission may modify advance of the hearing and the report the time limits specified in this will be distributed to the mayor, city subsection (8) on its own motion or and any other commission, city staff consensus or upon request of a party to the proceeding. A request for a interested person requesting the modification of time should be same prior to hearing to the extent feasible so the mayor and city com- considered by the city commission mission and interested persons may to assure all parties have an examine the report prior to the hear- opportunity to participate without ing. Applicants, party intervenors, undue repetition and delay in and objectors shall not submit such furtherance of affording due process. reports or any other evidentiary (g) Swearing -in of witnesses. Persons present - information directly to the mayor ing evidence and city commission prior to the and expert testimony may be required to take an oath and be sworn hearing. by the city attorney, collectively or m. The city commission recognizes that individually, in substantially the follow - in limited cases a full-blown quasi- ing manner: judicial hearing may not be needed I (state witness name) swear or affirm to in order to ensure due process is tell the truth, the full truth, and nothing satisfied before the city commission but the truth. takes final action on an application. Such limited cases may occur when: (10) Impartial decision maker; voting conflicts. (i) a specific application does not The mayor and city commissioners sit - require a public hearing; (ii) the ting in a quasi-judicial capacity will each application is deemed complete and endeavor to act in an impartial and supported by a city staff recom- unbiased manner when it considers quasi- mendation in favor of approval in judicial agenda items. The city commis - accordance with applicable require- sion will base its final decision on such ments; (iii) the applicant concurs agenda items based upon the weight and with the city staff recommendation; credibility of competent substantial and (iv) no party intervenor or evidence, both direct and circumstantial, interested party has appeared at that is presented in the record at the the city commission meeting to quasi-judicial proceeding before the city contest or seriously question the commission. The mayor and city commis - application and the recommends- sioners are each permitted to make deduc- tion and competent substantial tions and reach conclusions which reason evidence contained in the city staff and common sense lead them to make in recommendation. In such cases, the furtherance of legitimate government city commission may dispense with purposes that are in the city's best Supp. No. 32 140.11 WINTER SPRINGS CODE interests. Decisions of the city commis- ate. The city manager or his or designee sion are made as a collective body, by will be responsible for scheduling and majority vote, on a case -by -case basis. conducting all meetings, and handling The mayor and city commissioners are all official communications between the not expected to testify at the proceeding city (and its officials and employees) and and are not expected to engage in applicants and party intervenors. independent fact finding outside of the proceeding. The city commission may a. Pursuant to F.S. § 286.0115, if the consider the advice of the city manager, mayor or any city commissioner city staff and city attorney in their respec- receives and/or sends ex parte com- tive official capacities. To the extent that munications regarding any applica- the mayor or any city commissioner tion filed with the city, the mayor or believes that they have a voting conflict any city commissioner must publicly of interest on any agenda item, under disclose such communications before F.S. § 112.3143, or other applicable law, or during the hearing at which a the mayor or city commissioner with the vote is taken on the quasi judicial conflict shall declare a voting conflict matter, so that persons who have and recuse themseives from participat- opinions contrary to those expressed ing in the proceeding, abstain from voting in the ex parte communications are upon the agenda item, and file the given a reasonable opportunity to applicable voting conflict form. In addi- refute or respond to the communica- tion purser ant to 1'.0. § 2uv.012, the Boris. Specifically, to facilitate the mayor or any city commissioner may mayor's and commissioner's abstain from voting on a quasi-judicial responsibilities to disclose ex parte agenda item if the abstention is to assure communications, the mayor and com- a fair proceeding free from potential bias missioners shall notify the city clerk or prejudice. of any such communication prior to (11) Ex parte communications. The mayor the meeting at which the applica- and city commissioners will neither know- tion will be heard. Notification shall ingly initiate nor consider ex parte com- be provided as soon as reasonably munications not disclosed on the record practicable after the communica- concerning the merits of any quasijudi- tion occurs by either forwarding writ- cial application that is currently filed ten communications to the city clerk, with the city that requires a decision by or if a verbal communication, provid- the city commission. To the extent feasible ing the city clerk with the contact and practicable, the mayor or city com- person(s) name, the date of the com- missioners shall avoid ex parte com- munication and the general munications concerning the merits of substance of the communication. The any such application. Applicants, party city clerk will be responsible for intervenors, and any other non -city staff maintaining a log/file of ex parte persons desiring to discuss the merits of communications, if any, for each such Applications or to provide written pending application. The mayor and documents that would be considered ex commissioners shall be responsible parte communications should be directed for keeping their ex parte com- to contact the city manager or his or her munications contained in the log/ designee responsible for processing the file updated and current. The city application. The city manager or his or clerk's log/file, and any other ex her designee will be responsible for parte communications which the handling the discussion or written com- mayor and commissioners may not munication in a maimer deemed appropri- have had an opportunity to provide Supp. No. 32 140.12 ADMINISTRATION § 2-30 to the city clerk prior to the hearing, § 163.3164, city staff is directed to will be placed on the record at the prepare and send written notice to hearing. the applicant based on the city com- b. This subsection (11) is not intended mission's decision. The notice must to prohibit the mayor and city com- include a citation to the applicable missioners from making official portions of an ordinance, rule, iiristatute, or other legal authority on nques of, or obtaining advice from, the city manager, city staff and city which the city commission based attorney in their respective official the denial of the permit, which may capacities. be contained in the agenda item presented by city staff. "Develop- C. This subsection (11) is not intended ment permit" includes any building to preclude the mayor and city com- permit, zoning permit, subdivision missioners from communicating with approval, rezoning, certification, constituents and members of the special public regarding the general al exception, variance, or any other official action of local govern - existence or status of any applica- ment having the effect of permitting tion nor preclude the mayor or any the development of land; or city commissioner from attending community or homeowner's associa- b. By majority vote of the city commis- tion meetings which are generally sion, the city commission may direct open to city residents and the city attorney to prepare a constituents at which an applica- proposed order, which will include tion may be discussed. In such findings of fact and conclusions of circumstances, the mayor and city law, for the commission to consider commissioners will neither know- as final commission official action ingly initiate nor participate in ex on a quasi-judicial matter. If such parte communications regarding the direction is given to the city attorney, merits of any application. the hearing will be continued to (12) Continuance of hearings. By majority another city commission meeting at vote of the city commission, the city which the commission will consider commission may continue a quasi-judicial adopting the proposed order as hearing on its own initiative or the request presented or modified by commis - of city staff, the applicant or any interested sion. A copy of the final order will party with standing in order to allow be provided to the applicant and additional time to gather additional other interested parties upon relevant evidence to be presented to the request; or commission at a subsequent meeting. c. Pursuant to other requirements of (13) Written orders of final decisions. Final law; or decisions made by the city commission d. If notice is not required by subsec- regarding quasi-judicial applications and tions a., b. or c. above, city staff agenda items shall be made verbally by may provide a courtesy notice to the motion and roll call majority vote, but in applicant of the city commission's some cases shall also be memorialized in final decision. a separate writing as follows: a. Pursuant to F.S. § 166.033, when (14) Supplemental quasi judicial rules. To the the city commission denies an extent necessary, the city commission application for a development permit, may adopt or employ at a particular as that term is defined in F.S. hearing supplemental quasi-judicial rules Supp. No. 32 140.13 § 2-30 WINTER SPRINGS CODE of procedure which shall apply to quasi- judicial matters consistent with the requirements of law. (15) Advisory hearing officer. The city commis- sion may, at its discretion, appoint an independent, advisory hearing officer to conduct a quasi-judicial hearing under this section for purposes of recommend- ing a written order regarding any applica- tion. The written order will contain recommended findings of fact and conclu- sions of law. The hearing officer shall be a member of the Florida Bar in good standing for five (5) or more years, and must demonstrate satisfactory knowledge of municipal law and quasi-judicial proceedings. (Ord. No. 2016-09, § 2, 1040-16; Ord. No. 2023-08, § 2, 844-23) Sec. 2-31. Savings clause; waiver of rules and procedures. This article II is adopted for the sole benefit of the mayor and city commission for purposes of conducting orderly and efficient meetings. No person shall have any claim, right, or privilege whatsoever against the city or any of its mayor, city commissioners, officials and employees by virtue of the provisions of this article II. The failure of the mayor, city commissioners, city commission or any city official and employee to abide by any of the rules and procedures contained under this article II shall not have any adverse or negative effect on any decision made by the 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, § 21 10-10-16) 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. (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 *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. Supp. No. 32 140.14 ADMINISTRATION city shall satisfy the following requirements, except as otherwise provided by state or federal law: (1) Complete aboard 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- Supp. No. 32 140.14.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 32 140.14.2 Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Article I. In General Sec. 6-1. Purpose. Sec. 6-2. Compliance with chapter. Sec. 6-3. Use of building erected or altered in violation of chapter. Sec. 6-4. Violations. Sec. 6-5. Authority of building official to stop work if contrary to public welfare. Sec. 6-6. Energy efficiency code adopted. Secs. 6-7-6-30. Reserved. Article II. Administration Division 1. Generally Sec. 6-31. Administrative amendments to Chapter 1 of the Florida Build- ing Code. Sec. 6-32. Administrative amendments to Chapter 2 of the Florida Build- ing Code. Sec. 6-33. Local wind speed design criteria. Sec. 6-34. Adoption of Florida Building Code appendices. Secs. 6-35-6-45. Reserved. Division 2. Reserved Secs. 646-6-80. Reserved. Article III. Building Construction Standards Sec. 6-81. Florida Building Code adopted. Sec. 6-82. Technical amendments to the Florida Building Code. Sec. 6-83. Television dish antennas. Sec. 6-84. Accessory buildings. Sec. 6-85. Accessory dwelling units. Sec. 6-86. Screen enclosures/rooms. Sec. 6-87. Temporary storage structures. Sec. 6-88. Construction site management. Secs. 6-89-6-100. Reserved. Article N Electrical, Plumbing, Mechanical and Gas Sec. 6-101. Electrical, plumbing, mechanical and gas work. Secs. 6-102-6-185. Reserved. *Cross references —Code enforcement board to enforce certain ordinances of the city, § 2-56 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; fire prevention and protection, Ch. 7; fire code adopted, § 7-46 et seq.; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; uniform building numbering system, § 9-370 et seq.; impact fees, § 9-386 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; fire and security alarms, § 13-51 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; sign construction standards, § 16-76 et seq.; excavation standards and requirements, § 17-76 et seq.; utilities, Ch. 19; zoning, Ch. 20. State law reference —Building construction regulations, F.S. ch. 553. Supp. No. 32 365 WINTER SPRINGS CODE Article V. Fences, Walls, Hedges Sec, 6-186. Permit required. Sec. 6-187. Construction materials. Sec. 6-188. Exceptions to section 6-187. Sec, 6-189. When barbed wire permissible. Sec. 6490. Height limitations generally. Sec. 6-191. Corner lots. Sec. 6-192. Utility easements. Sec. 6-193. Reserved, Sec. 6-194. Article provisions not controlling; exception. Sec. 6-195. Maintenance of fences or walls. Secs. 6-196-6-209, Reserved, Article VI. Swimming Pools Sec, 6-210, Florida Building Code, Sec, 6-211, Definitions. Sec, 6-212. Application for permit; plans and specifications. Sec. 6-213. Inspections. Sec. 6-214. Contractor's mralificatinng Secs. 6-215-6-218. Reserved, Sec. 6-219. Yards. Sec, 6-220. Pool removal. Sec. 6-221. Reserved. Sec. 6-222, Nuisances. Sec. 6-223. Conflict with deed restrictions. Secs. 6-224-6-239. Reserved. Secs, 6-240-6-249, Reserved, Secs. 6-250-6-258, Reserved, Article VII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit Sec, 6-270. Intent and purpose. Sec. 6-271. Findings, Sec, 6-272. Citation authorized for construction contracting violations. Sec. 6-273. Citation form. Sec. 6-274. Penalty. Sec. 6-275. Refusal to sign citation. Sec. 6-276. Stop work. Sec. 6-277. Correction of violation; payment of penalty; notice of hearing. Sec. 6-278. Administrative hearings; accrual of penalties. Sec. 6-279. Appeals of code enforcement board or special magistrate deci- sions. Sec. 6-280. Recording code enforcement board or special magistrate orders. Sec. 6-281. Notices. Secs. 6-282-6-299. Reserved, Article VIII. International Property Maintenance Code Sec. 6-300. International Property Maintenance Code adopted. Sec. 6-301. Supplemental; minimum standards. Sec. 6-302. Preemption, Florida Building Code; Florida Fire and Life Safety Code, Supp. No. 32 366 BUILDINGS AND BUILDING REGUALTIONS effect that a structural analysis has been residential districts, to maintain a visually pleas - made of the building and such building ing environment free from unsightly technical can safely support the specific antenna equipment. with a minimum adopted wind load of (Code 1974, § 5-9; Ord. No. 2012-15, § 2, 10-842; one hundred twenty-nine (129) miles per Ord. No. 2012-15, § 2, 10-8-12) hour. Sec. 6-84. Accessory buildings. (3) Television dish antennas or satellite antennas shall not be installed in front of (a) General. Accessory building means a the front line of any residential, com- detached, subordinate structure, the use of which mercial, or industrial building. is clearly incidental to, customarily associated with, and related to the principal structure or (4) Television dish antennas or satellite use of the land, and which is located on the same antennas may only be installed in side lot as the principal structure or use. Accessory yards or back yards of any building. buildings shall include storage buildings, tool - houses, private, detached garages, bathhouses (5) No portion of any antenna or support (used in conjunction with swimming pool) and structure shall be closer than five (5) feet similar uses. No more than two (2) accessory from any property line. buildings shall be allowed on any single lot. (6) Television dish antennas or satellite Accessory dwelling units (ADUs) shall be subject . to section 6-85 of this Code and are not subject to antennas shall not be located on any the provisions of this section. public way, easement, or parkway. (b) Height and size restrictions. The maximum (7) Television dish antennas or satellite height of an accessory building shall be twelve antennas shall not be installed in any (12) feet measured from ground level. The designated parking area of any building. maximum size of any structure shall be two (8) Except for subsection (a)(6), the require- hundred forty (240) square feet. ments of this subsection (a) may be mo& (1) Detached, accessory buildings may exceed fled to the extent necessary for the twelve (12) feet in height or the maximum television dish antenna or satellite size of two hundred forty (240) square antenna to receive an acceptable signal. feet, provided the city manager or designee determines that each of the following (b) Apartment and condominium buildings. criteria is satisfied: Apartment or condominium buildings above three a. The accessory building does not (3) stories in height shall be treated as com- exceed one-third ('/3) of the air- mercial structures for the purpose of these regula- conditioned square footage area of tions for television dish antenna or satellite the principal structure; antennas. b. The accessory building shall replicate (c) Height restriction. The installation of any the design of the principal structure television dish antenna or satellite antenna shall by use of similar exterior wall materi- not exceed the height restriction set forth in the als and colors; zoning ordinance for that location. c. The accessory building will not adversely impact land use activities The requirements set forth in this section are in the immediate vicinity; intended to further the city's health, safety and aesthetic objectives to protect the public by d. The height of the proposed acces- ensuring that antennas are appropriately installed sory building does not exceed the so as to withstand the minimum wind loads height of the principal structure; established by this chapter, and in the city's and 0 upp. No. 32 385 § 6-64 WINTER SPRINGS CODE e. The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. (2) An accessory building that is attached to a principal structure by a breezeway is not considered an accessory building, but rather, is considered an expansion of the principal structure and is subject to satisfying all applicable requirements, including, but not limited to, setbacks and maximum lot coverage, of the zoning district in which the principal structure is located. It may therefore, exceed the height and size restrictions as noted above in subsection (b)(1); however, it shall not exceed the height of the principal structure. A breezeway is a covered pas- sageway, which connects the principal structure to the proposed addition. It shall not exceed thirty-five (35) feet in length. An application for waiver of the maximum breezeway length identified herein may be made pursuant to the procedures set forth in section 2M4 of this Code. (c) Location. All accessory buildings shall be (f) Upon application filed with the city, the located to the rear of the front facade of the city commission may vary the number, height, principal structure. and size requirements set forth in this section or (d) Permits. A building permit shall be required approve an accessory building on an adjacent lot before construction or placement can take place. by conditional use permit under the following No accessory building shall be permitted prior to conditions: construction of the principal building. (1) The subject property has a residential (e) Setback requirements. Setbacks shall be rural future land use map designation the same as those of the principal structure, under the city's comprehensive plan. except that the rear yard setback for accessory buildings that are not attached to the principle (2) The applicant submits for review and structure by a breezeway may be reduced to six consideration a detailed architectural (6) feet. rendering of the proposed accessory build- (1) No accessory building shall be constructed ing and a plot plan drawn to scale. or placed on an easement unless the (3) The city commission finds that: easement expressly authorizes an acces- sory building to be constructed and a. The proposed accessory building is maintained within the easement area, compatible and harmonious with the (2) Detached, private garages which exceed principal structure and the surround - twelve (12) feet in height or two hundred ing land uses and structures; forty (240) square feet in area must meet b. The proposed accessory building will the setbacks of the applicable zoning not adversely impact land use activi- district for the principal structure, ties in the immediate vicinity; Supp. No. 32 386 BUILDINGS AND BUILDING REGUALTIONS c. The height of the proposed acces- sory building does not exceed the height of the principal structure; and d. The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. (4) An accessory building maybe constructed on a lot adjacent to the lot on which the principal building is located under the following conditions: a. The conditions set forth in subsec- tions (1), (2), and (3) are satisfied. b. A legal instrument reasonably acceptable to the city is recorded in the public records of Seminole County that provides that the principal building lot and the adjacent lot are unified under common ownership and that in the event said ownership is ever separated, the accessory building shall be removed or a principal build- ing shall be constructed on the adjacent lot within one (1) year from the date the lots are separated. (Code 1974, § 5-10; Ord. No. 460, § 1, 6-26-89; Ord. No. 2003-02, § 2, 4-28-03; Ord. No. 2008- 05, § 2, 6-9-08; Ord. No. 2010-08, § 2, 10-25-10; Ord. No. 2012-15, § 2, 10-8-12; Ord. No. 2024- 07, § 2, 8-26-24) Sec. 6-85. Accessory dwelling units. An accessory dwelling unit (ADU) is an ancil- lary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a separate egress/ingress independent from the principal dwelling, and which provides complete independent living facilities for one (1) or more persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. It is located on the same parcel or lot as the principal dwelling and shall be subject to the required setbacks of the principal structure and may be either attached to or detached from the principal dwelling. Accessory dwelling units (ADUs) must conform to the following standards: (a) Zoning district. A property owner may request a conditional use approval to allow one (1) accessory dwelling unit in any of the follow - zoning districts: R-lAAA Single -Family Dwelling District R-CI Single -Family Dwelling District R- LAA and R-lA One -Family Dwelling District R-1 One -Family Dwelling District Planned Unit Development District (b) Existing development on lot. A single- family dwelling shall exist on the lot or will be constructed in conjunction with the ADU. (c) Location. The ADU may be attached to or detached from the principal dwelling. (d) Owner occupancy required; declaration of restrictions. The property owner shall occupy either the principal structure or the ADU. Prior to the issuance of a building permit for construc- tion of an ADU, an applicant shall record in the public records of Seminole County a declaration of restrictions containing a reference to the legal description of the property and the deed under which the property was conveyed to the present owner stating that: (1) The ADU shall not be sold or conveyed separate from the principal residence; (2) The ADU is restricted to the approved size; (3) The use permit for the ADU shall be in effect only so long as either the principal residence or the ADU is occupied by the owner of record as their principal residence; (4) The declarations shall run with the land, shall be binding upon any successor in ownership of the property and that noncompliance shall be cause for code enforcement and/or revocation of the conditional use permit; Supp. No. 32 387 WINTER SPRINGS CODE (5) The deed restrictions shall only be removed with the express, written approval of the city, but shall lapse upon removal of the accessory unit; and (6) The ADU shall not be used for com- mercial purposes other than being leased for residential purposes. (e) Number of ADUs per lot or parcel. Only one (1) ADU shall be allowed for each lot or parcel. (f) Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district in which it is located. (g) Building height and stories. The ADU shall meet the building height regulations for une zoning district in which it is located. (h) Lot coverage. The sum of the principal dwelling and the ADU shall meet the lot cover- age regulations for the zoning district in which they are located. (i) Parking and access. A minimum of one (1) parking space shall be provided on -site for the ADU in addition to the required off-street park- ing spaces required for the principal residence. The ADU shall be served by the same driveway as the principal dwelling. (j) Water and wastewater services. An ADU is required to connect to the central water and sewer system where available. An ADU may be separately metered for utilities subject to all applicable ordinances and utility policies. Where central water and sewer service is not available, the septic system and well shall meet the capac- ity requirements. (k) Other code requirements. The ADU shall comply with all applicable building codes. (1) Lot size, minimum; principal residence minimum. A minimum lot size of six thousand six hundred (6,600) square feet is required and the principal residence shall be a minimum of one thousand three hundred fifty (1,350) square feet of air conditioned area. (m) Unit size. The living area of the ADU shall be a maximum of thirty (30) percent of the air conditioned area of the principal residence or eight hundred (800) square feet, whichever is less. However, the ADU shall contain no less than four hundred (400) square feet of air conditioned area. ADUs that utilize alternative green construction methods that cause the exterior wall thickness to be greater than normal shall have the unit square footage size measured similar to the interior square footage of a traditional frame house. gn (n) Design. The ADU shall replicate the desi of the principal dwelling by use of similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. The design is subject to the minimum community appearance and aesthetic review standards to ensure residential compatibility and harmony (see section M00 et. seq.). (o) Privacy. Privacy and screening of adjacent properties is of utmost importance in the orienta- tinn of the DM. Entrance aiid vviiidorvs of ;he ADU shall face the interior of the lot and/or public street as much as possible. Windows which do face the adjoining property shall be designed to protect the privacy of neighbors. Landscaping shall be used to further provide for the privacy and screening of adjacent properties. (p) Expiration. As with all conditional use approvals, if a building permit has not been issued within two (2) years for the ADU, the approval becomes null and void (see section 20-36). (q) Approval process. The conditional use/ aesthetic review approval of an ADU is subject to a public hearing. A notice will be sent to all property owners within one hundred fifty (150) feet of the subject property. An ADU will not be approved if prohibited by the declarations, covenants, conditions and restrictions of a homeownersassociation. The city commission may impose reasonable conditions of approval to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive plan (see section 20-27 and sec- tion 20-33). (Ord. No. 2010-08, § 2, 10-25-10; Ord. No. 201245, § 2, 10-842) Supp, No. 32 388 BUILDINGS AND BUILDING REGUALTIONS § 6-87 Sec. 6-86. Screen enclosures/rooms. Sec. 6-87. Temporary storage structures. (a) Definition. For purposes of this section, the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework required for its support. The term "screen room" shall mean an enclosure consist- ing of walls of insect screening with or without removable vinyl or acrylic wind break panels, and a roof of insect screening, plastic, aluminum or similar lightweight material. (b) Setbacks. The screen enclosure/room shall meet all code requirements for front and side yard setbacks which are applicable to the subject property. Notwithstanding any other applicable rear setback requirement, the screen enclosure/ room shall not be located any closer than six (6) feet from the rear property line of the subject property. On lakefront property, no screen enclosure/room shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high- water control level. (c) Height. The screen enclosure/room shall not be higher than the primary structure on the subject property, except for instances when the principal structure does not exceeds twelve (12) feet in height. In these cases, the screen enclosure/ room shall be set back an additional one (1) foot from the minimum setback requirements contained in subsection (b) for every additional foot above twelve feet. (d) Easements. Screen enclosures/rooms shall not be constructed within an easement area, unless the easement expressly allows said construction. (e) Screen enclosure/room modifications. If any portion of an existing screen enclosure/room is modified so that it no longer satisfies the definition in subsection (a), the modified screen enclosure/room shall meet all building setback and height requirements that are applicable to principal and accessory buildings for the subject property. (Ord. No. 2002-31, § 3, 10-28-02; Ord, No. 2010-08, § 2, 10-25-10; Ord. No. 2012-15, § 2, 10-8-12; Ord. No. 2024-07, § 2, 8-26-24) Note —Formerly numbered as § 6.85. (a) Definition: For purposes of this section, "temporary storage structure" shall mean a structure designed and used primarily for stor- age of building materials, household goods, and other such material; and that is not intended for permanent installation. (b) A supplier of a temporary storage structure shall obtain a permit issued by the building department prior to supplying and installing or allowing to be installed a temporary storage structure within the City of Winter Springs. The permit shall be limited to a specific address and shall allow the installation at such address for a maximum of seventy-two (72) consecutive hours. Permits shall also be limited to a maximum of two (2) per any twelve-month period for any specific address. A permit fee shall be required by resolution of the city commission and col- lected by the city. The permit shall contain the date and time of issuance, the name of the person to whom the temporary storage structure is supplied, and the address at which the temporary storage structure will be installed. Notwithstanding the foregoing seventy-two hour time limit, the city may permit the use of a temporary storage structure, on a property that currently contains a commercial use, for the entire time period beginning October 15 and ending January 31 of the immediately following calendar year if such temporary storage structure is used to store seasonal deliveries and golf carts utilized by seasonal delivery personnel as authorized by section 316.2126(3)(a) Florida Statutes. (c) In the event of a tropical storm or hur- ricane watch issued by the National Weather Service, the city shall have the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four (24) hours' notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service, the temporary storage structure shall be immediately removed by the supplier after the warning being issued. In such situations, the city shall have the right to enter the property and remove the temporary storage structure if the supplier does Supp. No. 32 WINTER SPRINGS CODE not remove the temporary storage structure as required by this subsection. The supplier shall be liable for all removal costs incurred by the city and failure to pay said costs, upon demand by the city, shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162, Florida Statutes, in the amount of said costs. (d) For good cause shown by the owner of the property at which the temporary storage structure will be supplied, the time periods set forth in subparagraph (b) may be extended by the city manager. The duration of the extension shall be reasonably related and proportionate to the cause shown but shall not exceed more than thirty (30) days per extension. Good cause shall be limited to emergencies And 8if 1nfinnc iviinrn +i� ,. �t" a reasonable risk or threat to life and property damage. (Ord. No. 200146, § 1, 7-Ml; Ord. No. 2010-08, § 2, 10-2540; Ord, No. 2011-04, § 2, 2-14-11; Ord. No. 2014-24, § 2, 10-2744; Ord. No. 2014- 24, § 2, 10-27-14) Sec. 6-SS. Construction site management. Unless otherwise preempted by state or federal law, the following construction site management requirements shall apply to construction projects within the jurisdictional limits of the city: (1) Construction management plan. The build- ing official may require a detailed manage- ment plan and completion schedule prior to the approval of a building permit or during the process of completing any active or inactive construction or demoli- tion project. The management plan shall, at a minimum, provide specific informa- tion outlining the location of construc- tion worker parking, construction equipment, material storage and temporary structures on the site under construction or on nearby properties, and methods of debris removal including compliance with the city's waste franchise agreement. Additionally, traffic routes to and from the site, pedestrian safety ban riers and fencing shall be included on the management plan and shall be identified for approval. The management plan must also reflect where displaced public or private parking is temporarily located during the term of the project to the maximum extent feasible. The plan is subject to review and approval by the building official. Failure to comply with the approved management plan shall constitute a violation of this section. The approved management plan must be kept at the construction site and be available at all times during the construction process and be made available to the building official or city inspectors. (2) Temporary toilet facilities for workers. Suitable temporary toilet facilities as determined by the building official in reliance upon normal industry standards shall be provided and maintained in a sanitary condition for the use of workers during construction. Such facilities may include a ton-ipurai.y hook-up to the city sewer system or a portable toilet unit and shall only be located on the construc- tion site after the building permit has been issued and construction has com- menced. If construction becomes inactive on the site for more than a two -week time period, the building official may require that the temporary toilet be removed from the site until such time reasonable assurances have been provided that active construction has resumed on the site. Such facilities shall be regularly cleaned and provided in a well -ventilated location and shall be placed at least fifteen (15) feet from the side property line of the lot on which it is located where practical, may not be placed in the public right-of-way and shall be screened from view when required and to the extent practicable. The location of temporary toilet facilities on the property may be changed by the building official to recognize unique conditions or a less offensive location for pedestrians and neighbors. (3) Contractor/owner responsibility. The contractor and owner of any active or inactive construction project shall be Supp. No. 32 390 BUILDINGS AND BUILDING RI;GUALTIONS responsible for the clean-up and removal (4) Final site clean-up; repair damage to of all construction debris or any other public property. The contractor and owner, miscellaneous discarded articles during upon completion of a building or construc- the entire duration of the construction tion project, shall immediately remove project and prior to receiving final inspec- all walkways, debris and all other obstruc- tion approval. Construction job sites must tions and leave such public property in be kept clean, free of overgrown weeds as good a condition as it was before work and grass over twelve (12) inches in was commenced and shall replace all height, and the accumulation of construc- broken curbs, sidewalks or other dam- tion debris must not remain on the aged public utilities or property to the property for a period of time exceeding satisfaction of the building official prior ten (10) days. The accumulation of trash to obtaining a certificate of occupancy/ and litter and other miscellaneous completion or within fourteen (14) discarded articles not constituting calendar days from notification if no construction debris (e.g., cans, bottles, certificate of occupancy/completion is food products and containers, papers, issued. Failure to correct damaged public towels, clothing, plastics, etc.) must also property will result in the city taking be cleaned daily and placed in a separate action to make corrections and all costs on -site receptacle. Trash and litter shall incurred will be charged to the contrac- not be discarded in construction debris for and owner, and a lien will be placed containers and roll -offs. The on -site litter/ against the property for the costs of trash receptacle service must be paid for repairs. by the contractor and emptied at least once a week by the city's solid waste (5) Requirements during weather emergency. franchise hauler or more often in a timely It is the responsibility of the owner and fashion so there is no overflow of trash contractor to have removed construction and litter. Off -site trash and litter gener- materials from the project site or secured ated by the contractor and workers must construction materials at the project site be picked -up and cleaned daily and placed at least forty-eight (48) hours prior to the in the on -site trash/litter receptacle. Public predicted landfall of a tropical storm or trash receptacles are not intended to hurricane until the time set forth in handle trash and litter generated from subsection (5)h., below. construction sites so the contractor and workers shall not use such receptacles a. Applicability. At least forty-eight (48) for their trash. The contractor is hours prior to the predicted landfall responsible for their workers overburden- of a tropical storm or hurricane for ing public off -site trash receptacles located any portion of Seminole County near the construction site. Dust created Florida, as determined by the during construction or demolition must National Weather Service, National be contained on the site or close proxim- Hurricane Center or appropriate ity to building or structure through wet- weather agency or as provided in ting down the dust or materials or through the city's emergency plan; or upon the use of any alternate means that order of the building official in prevents dust from leaving the property. anticipation of a storm emergency; Violation of any of these conditions shall all construction materials, includ- authorize the building official to place a ing roof tiles, on all project sites stop work order on such jobs in violation within the city shall be secured and of this section and require removal of stored on -site in a safe manner or debris and overgrowth, and correction of removed so that no material can dust accumulation on site and adjacent become a safety hazard with hur- properties or streets. ricane or tropical storm force winds. Supp. No. 32 391 WINTER SPRINGS CODE b. Notice. Media broadcasts or notices issued by the National Weather Service or National Hurricane Center of an approaching tropical storm or a hurricane is hereby deemed notice to the owner or contractor. The owner and contractor are responsible for the project site by securing on -site or removing from the site any construction materials or debris or trash and litter to protect against the effect of hurricane or tropical storm force winds. By holding a building permit during hurricane season, the contractor shall monitor the National Weather Service and the National Hurricane Center for weather emergencies. c. Inspection. Apre-storm inspection shall be required for all active construction sites involving exterior work and/or exterior storage of materials. The owner and contrac- tor shall be responsible for insuring that the construction site has passed inspection prior to the issuance of a tropical storm warning or hurricane warning. The owner or contractor shall be available by phone until the site has passed the pre -storm inspection. d. Materials stockpiled on -site. Materi- als stockpiled on any construction site shall be handled as follows: 1. Band construction materials together and fasten them to the structure in such a manner to prevent the material from becoming airborne during a tropical storm or hurricane; or 2. Remove construction materi- als from the top of the structure and secure them to the ground; or 3. Remove construction materi- als from the project site; or 4. Store construction materials inside a structure if said structure is secure from tropi- cal or hurricane force wind loads. e. Dumpsters. The contents of construc- tion site dumpsters must be removed or weighted and secured with rope, mesh or other durable, wind resistant material. f. Temporary toilets. Temporary portable toilets shall be secured to the structure, dumpster or emptied and laid horizontal and secured to the ground. g. Roofing materials —Hurricane season. During the National Weather building or roofing materials shall not be loaded on a roof earlier than ten (10) working days prior to the permanent installation of the materi- als. h. Material capable of becoming airborne. Construction materials, debris or any material capable of becoming airborne shall remain secured and stored on the project site or shall be removed from the project site until the National Weather Service, National Hur- ricane center, or the city through local action has removed all por- tions of the city from those areas included in a tropical storm warn- ing or hurricane warning. Contrac- tors shall not resume construction on any construction site until the site is brought into compliance with the construction site management plan. (6) Temporwy construction fence. A temporary construction fence screening the construc- tion site shall be erected and maintained in good order at all times. The temporary construction fence shall be erected and completely in place as a requirement for the issuance of a building permit and prior to the beginning of construction activities. The temporary construction Supp. No. 32 392 BUILDINGS AND BUILDING REGUALTIONS fence shall be removed when construc- all times to avoid health and safety tion has been completed. The temporary hazards. Also pools undergoing construction fence shall be six (6) feet renovations and new pools being chainlink fence with a screening mate- installed must be emptied of rial attached to visually screen and accumulated water at all times. minimize impact to neighboring proper- (7) Erosion and run-off control. In compli- ties which may be affected by construc- ance with the city's National Pollution tion site dust and debris. The chainlink Discharge Elimination System (NPDES) and screening material must be permit requirements, prior to beginning constructed and maintained at ground any clearing, grubbing, or construction level to mitigate against ground level activities, as part of the building permit windblown dust and materials being blown process, the contractor shall submit a off -site. If the construction site is located plan (erosion and sediment control plan) on an arterial or collector road, and is not detailing the location and handling of located within an existing residential materials, soils and outlining the actions area, the screening material facing the to be taken to prohibit run-off of dirt, arterial or collector road may temporar- sand, fluids, vegetation or any other item ily depict on -site information about the into the city's stormwater system or onto project, provided the information is limited adjacent property, roadways and on no more than twenty-five (25) percent waterways. Piles of soil, erected barriers, of the screening material facing the arte- temporary detention areas, or any other rial or collector road. A fence permit is methods approved by the city, shall required to be issued for the temporary provide for a containment area to reduce construction fence, and the fence installed, run-offm inspected, and the fence permit must be closed -out by the building official prior to (8) Violations; enforcement. the issuance of a building permit. a. The contractor and property owner a. A temporary construction fence will shall be joint and severally be required for all new construc- responsible and liable for the require- tion, demolitions and substantial ments of this section and any viola - renovations unless the building tion thereof. official determines all or portion of b. Failure to abide by the provisions of the fencing is not required to protect this section shall constitute a viola - or screen neighboring properties. tion of the City Code, and are subject b. Work being done within the unit is to the enforcement procedures and exempt from this requirement. penalties set forth in chapter 2, division 2 of the City Code. Each c. Individual lots being constructed in day a violation continues shall be a new residential or commercial deemed a separate violation. subdivision are exempt from being individually screened under the c. A violation may be enforced by the requirements of this section. building official or designee through However, the outer perimeter of the the issuance of a stop work order in new subdivision is subject to the accordance with the procedures in requirements unless otherwise the Florida Building Code; or an determined by the building official order to repair, restore or demolish pursuant to subsection a., above. the work, to vacate the premises, or d. Work on pools, pool installations or otherwise abate the violation. substantial renovations will require d. Any violation of this section is subject a temporary construction fence at to abatement as a public nuisance. Supp. No. 32 393 WINTER SPRINGS CODE e. The provisions of this subsection (Ord. No. 201245, § 2, 10-842) are cumulative with and in additional to any other remedy Secs. 6-102-6485. Reserved, provided by law. f. The city may recover as costs of repairs or compliance, the costs associated with the city securing job sites and correcting any violation of this section. Failure of the contrac- tor or owner to reimburse the city for said costs within thirty (30) days of written notice by the city, the city may collect said costs in accordance with law and the costs shall also constitute a lien on the property until paid in full. (Ord. No. 2019-08, § 2. 5-13-19) Secs. 6-89-6-100. Reserved. l,'Ji'YtLr� Y�: �:li=.lh�;`Y'N,CAL, PLUMBING, MECHANICAL AND GAS* Sec. 6-101. Electrical, plumbing, mechani- cal and gas work. All electrical, plumbing, mechanical and no work shall be performed and completed in accordance with the most recently adopted ver- sion of the Florida Building Code. *Editor's note -Ord. No. 2012-15, adopted Oct. 8, 2012, amended former Art. IV, §§ 6-101-6-104, in its entirety to read as herein set out. Former Art. IV pertained to electric- ity and derived from the Code 1974, §§ 5-53, 5-54; Ord. No. 517, § 2, 2-24-92; Ord. No. 605, §§ III-V, 11-27-95; Ord. No. 752, § I, 12-6-99. Ord. No. 2012-15, § 2 also repealed former Arts. V-VII in their entirety. Former Art. V, §§ 6-126-6-129, pertained to plumbing and derived from the Code 1974, §§ 5-71, 5-72; Ord. No. 461, § 2, 6-26-89; Ord. No. 517, § 3, 2-24-92; Ord, No. 605, §§ VII, VIII, IX, 11-27-95. Former Art. VI, §§ 6-146-6-149, pertained to the mechani- cal code and derived from the Code 1974, §§ 5-164-5-167; Ord. No. 461, § 3, 6-26-89; Ord, No. 517, § 4, 2-24-92; Ord. No. 605, § XI, 11-27-95; Ord. No. 692, § II, 1-12-98. Former Art. VII, §§ 6-165-6-169, pertained to unsafe buildings and derived from the Code of 1974, §§ 5-89-5-90; Ord. No. 461, § 4, 6-26-89; Ord, No. 2001-57, § 2, 1240-01. Cross references -Electrical requirements for installa- tion of swimming pools, § 6-220; plumbing requirements for swimming pools, § 6-221; fire prevention and protection, Ch. ARTICLE V. FENCES, WALLS, HEDGES' Sec. 6-186. Permit required. Plans showing the location of any proposed fence or wall in excess of one hundred dollars ($100600) cumulative value and the type of construction shall be submitted to the building official and a permit obtained therefore from the building official. (Code 1974, § 5-122; Ord. No. 2012-15, § 21 10-842) Sec. 6-187. Construction materials. All fences and wallt h s musave reasonably uniform or complimentary materials and design. fences and e�7alls coiio11rucccd witliin the city shall be constructed of one (1) of the following: (a) Wood fences constructed of rot -and termite -resistive species of wood or chemi- cally pressure -treated to resist rot and termite damage. Wood fences shall be constructed to have the "finished" side facing outward from the property unless otherwise approved by the community development department. (b) Steel posts and wire fabric fences with fabric of a minimum of eleven gauge galvanized or other non -corrodible metal. (c) Ornamental iron. (d) Ventilated concrete, stone, or masonry. (e) Decorative PVC or aluminum, structur- ally sound to maintain spans. (Code 1974, § 5423; Ord. No. 2001-29, § 2, 5-14-01; Ord. No. 2012-15, § 2, 10-842; Ord. No. 2024-07, § 2, 8-26-24) 7 obstruction of fire hydrants prohibited, § 7-4; fire hydrant requirements, placement and maintenance, utilities, Ch. 19. tEditor's note -Renumbered from Art. VIII by § 2 of Ord. No. 2012-15, adopted Oct. 8, 2012. Cross references -Beautification board, § 2-76 et seq.; enclosure for swimming pool required, § 6-217; land develop- ment, Ch. 9; zoning, Ch. 20. Supp, No. 32 394 BUILDINGS AND BUILDING REGUALTIONS Sec, 6488. Exceptions to section 6-187. In the R-CI (Single-family dwelling district) zoning classification, which allows for horses, barbed wire fences will be permitted as well as fabric fences with fabric of less than a minimum of eleven -gauge galvanized or other noncorrod- ible metal. (Code 1974, § 5424; Ord. No. 201245, § 2, 10-8-12) Sec. 6-189. When barbed wire permissible. In the I-1(Light Industrial) zone where security fences are permitted, barbed wire may be used above six (6) feet. (Code 1974, § 5-125; Ord. No. 2012-15, § 2, 10-842) Sec. 6-190. Height limitations generally. Unless otherwise specifically provided in any zoning district category, all walls or fences hereafter located, erected, constructed, reconstructed, or altered outside of the established building lines shall adhere to the following heights: (a) If front of the front building line, no more than four (4) feet in height; (b) If to the rear of the front building line, provided the provisions of section 6-191 are met for corner lots, no more than eight (8) feet in height; (c) Fences no more than four feet six inches (4'6") in height may be permitted on a case -by -case basis by the city manager to be located in front of the building line in zoning districts which provide for horses and ponies or commercial riding stables as permitted uses. Any fence approved by the city manager under this subsec- tion shall be constructed using non - opaque material. (Code 1974, § 5-126; Ord. No. 2008-06, § 21 6-9-08; Ord. No. 2008-13, § 2, 8-25-08) Sec. 6491. Corner lots. (a) In order to ensure visibility and safety for pedestrians, and to provide clear sight lines for traffle entering an intersection, no fence, wall or other visual obstruction shall be erected, within twenty-five (25) feet of the intersecting property line corner adjacent to the street intersection corners. (b) When the side of the principal structure on a corner lot faces a road right -of --way on which adjacent dwellings have frontage, then any fence located on the corner lot shall be subject to the height limitations set forth in section 6-190(a) to permit a clear field of visibility for pedestrians and/or vehicles entering or exiting the adjacent property. (Code 1974, § 5-127; Ord. No. 2012-15, § 2, 10-8-12; Ord. No. 2024-07, § 2, 8-26-24) Cross references -Streets, sidewalks and other public places, Ch. 17; streets, § 17-26 et seq.; motor vehicles and traffic? Ch. 12; zoning, Ch. 20. Sec. 6-192. Utility easements. (a) It shall be lawful for any person to enclose or fence any utility easements; provided, however, that adequate access must be provided thereto by the fence owner. If it becomes necessary to cut a fence or remove walls for the purpose of installation of new utilities or repairing or maintaining installed utilities, it shall be the responsibility of the property owner to repair or replace the fence or wall to the condition existing previous to the installation, repair or maintenance. (b) A dedicated right -of --way shall not be fenced by any private citizen. (Code 1974, § 5-129; Ord. No. 200449, § 3, 12-13-04; Ord. No. 2012-15, § 2, 10-8-12) Cross reference -Utilities, Ch. 19. Sec. 6-193. Reserved. Editor's note -Ord. No. 2024-07, § 2, adopted August 26, 2024, repealed § 6-193, which pertained to distance from property line and derived from Code 1974, § 5-130; Ord. No. 2005-172 § 2, 6-27-05; Ord. No. 2012-15, § 2, 10-8-12. Sec. 6494. Article provisions not control- ling; exception. Provisions of this article do not supersede or control deed restrictions running with the land unless the provisions herein are more stringent than in the deed restriction. (Code 1974, § 5-131; Ord. No. 2012-15, § 2, 10-8-12) Supp. No. 32 395 WINTER SPRINGS CODE Sec, 6-195. Maintenance of fences or walls. All fences and walls and accessories thereto shall be maintained in good order and in a condition equal to that which was originally approved by the building official at the time a permit was issued. If for any reason the fence or wall was erected without a permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtain- ing a fence or wall permit from the building official under this article. Within thirty (30) days receipt of written notice by the city that a wall or fence does not comply with the requirements of this section, a property owner shall bring such fence or wall in compliance with this section The thirty -day period may be extended an additional thirty -day period by the city manager or the city manager's designee for good cause shown. (Ord. No. 2000-02, § 1, 2-28-00; Ord, No. 2012- 15, § 2, 10-842) Secs. 6-196-6-209. Reserved. ARTICLE VI. SWIMMING POOLS* Sec. 6-210. Florida Building Code. All swimming pools shall be constructed in accordance with the applicable provisions of the Florida Building Code, as may be amended. (Ord. No. 461, § 5, 6-26-89; Ord, No. 2012-15, § 2, 10-842) Sec. 6-211. Definitions. As used herein, the following words, phrases, terms and their derivations shall have the mean- ings stated herein. Pool is a facility containing or intended to contain, water of a total volume greater than twenty-five hundred (2500) gallons, and/or is *Editor's note —Renumbered from Art. IX by Ord. No. 2012-15, § 2, adopted Oct. 7, 2012. Cross references —Flood damage prevention, Ch. 8; land development, Ch. 9; nuisances, Ch. 13; planning, Ch' 15; zoning, Ch. 20. over twenty-four (24) inches in depth, with surface area exceeding one hundred fifty (150) square feet, used only by an individual citizen and his family or bona fide guests and shall not include ownership, operation or use by any type of club, cooperative housing or joint tenancy of two (2) or more families. (Code 1974, § 5-141; Ord. No. 2002-31, § 2, 10-28-02) Sec. 6-212. Application for permit; plans and specifications. Before any work is commenced on the construc- tion of a pool or any structural alteration, addi- tion or the remodeling thereof, an application for a permit to construct such pool, accompanied by two (2) sets of plans and specifications and pertinent explanatory data, shall be furnished to the building official of the city for his approval, a id iio pay t of the wo °k shall be commenced until the building official has granted such permit to construct and has further evidenced his approval by a suitable endorsement upon such plans and specifications, and no such pool shall be used until final inspection has been made and approved by the building official. The building official shall review such plans and specifica- tions to determine whether they comply with the provisions of this article and with all other applicable codes. (Code 1974, § 5442; Ord. No. 2012-15, § 2, 10-842) Sec. 6-213. Inspections. (a) The building inspector, upon notification from the permit holder or his agent, shall make the inspections in this section and such other inspections as may be necessary, and shall either approve that portion of the work as completed, or shall notify the permit holder or his agent wherein the work fails to comply with this article. (b) The first inspection shall be made after excavation and reinforcing steel or structural framework is in place; second inspection, plumb- ing rough -in and electrical rough -in; third inspec- Supp. No. 32 396 BUILDINGS AND BUILDING REGUALTIONS tion, pool deck, pool safety inspection, and final inspection, to be made on completion and ready for use. (c) During construction, all excavation must be enclosed by fencing which is a minimum of five (5) feet high and capable of preventing access by children. This fence must be in place at the time of the first inspection and remain in place until the pool is completed. This fencing may be of temporary construction or it may be of the permanent type required pursuant to Florida law If of temporary construction, it must be replaced by the permanent enclosure required by Florida law prior to issuance by the building official of final approval of the pool. (Code 1974, § 5448; Ord. No. 2012-15, § 2, 10-8-12) Sec. 6-214. Contractor's qualifications. No person shall be permitted to construct any family pool unless such person is licensed as a general contractor or a swimming pool contrac- tor. (Code 1974, § 5450) Secs. 6-215-6-218. Reserved. Editor's note —Ord. No. 2012-15, § 2, adopted Oct. 8, 2012, repealed former §§ 6-215-6-218 in their entirety. The subject matter and legislative history of these former sec- tions are included below: Former Section Subject Legislative History 6-215 Owner's privilege Code 1974, § 5-151 6-216 Design and construc- Code 1974, § 5- tion requirements 143(a)—(g) 6-217 Enclosure required Code 1974, §§ 5-128, 5-143(h); Ord. No. 426, §§ 1, 2, 9-26-88 6-218 General construction Code 1974, § 5-144 provisions for concrete pools Sec. 6-219. Yards. (a) No pool (excluding surrounding patio) shall be located closer to the side yard property line of the lot, parcel or piece of land upon which such pool is located than the distance required by the zoning ordinances of the city for side yards in the zone in which the property is located, plus three (3) feet, not less than ten (10) feet from the rear property line, nor shall any part of the pool structure within and including the coping intrude upon any easement. (b) No pool shall be located nearer to the front line of the lot, parcel or piece of land than the main or principal building or residence to which the pool is an accessory, except that for waterfront lots a pool shall be located not less than fifteen (15) feet from the present or proposed high-water control level of the lake. All distances shall be measured from six (6) inches outside the inside wall of pool. (Code 1974, § 5-145; Ord. No. 433, § 1, 9-26-88; Ord. No. 2002-31, § 2, 10-28-02) Cross references —Land development, Ch. 9; zoning, Ch. 20. Sec. 6-220. Pool removal. The removal of a pool shall involve the complete removal of the pool's structural shell, as well as all related equipment and appurtenances. The site shall be restored to its original condition at approved grade. (Code 1974, § 5.146; Ord. No. 2012-15, § 2, 10-8-12) Cross reference —Electricity, § 6-101 et seq. Secs. 6-221. Reserved. Editor's note —Ord. No. 2012-15, § 2, adopted Oct. 8, 2012, repealed former § 6-221 in its entirety which pertained to plumbing requirements for swimming pools and derived from the Code of 1974, § 5-147. Cross reference —Plumbing, § 6-126. Sec. 6-222. Nuisances. (a) It is the responsibility of the pool owner to see that the operation of his pool does not cause undue noise or excess lighting which might prevent the enjoyment by adjoining property owners of their property. (b) Upon construction of a swimming pool, the owner or persons responsible for its opera- tion shall keep in service all items designed for the purification of the water supply or its protec- tion from pollution to perform adequately the function for which such were designed. Supp. No. 32 397 WINTER SPRINGS CODE (c) If any pool shall be allowed to contain stagnant or foul water or water containing more than 1,000 M.P.N. of E. coli, the city shall give the owner of the pool fifteen (15) days' notice to correct the deficiency. Should any owners not comply with the provisions of this section by draining or cleaning such pool, the city may then proceed with such work and the cost thereof shall be charged against the owners of the land and shall remain a lien against such land until paid. Failure by the owner to proceed within the fifteen -day period shall also be a violation of this article and punishable in accordance with sec- tion 145. (Code 1974, § 5449) Cross reference -Nuisances, Ch. 13. ..: :.. ..... ..•.r dw.,.. .... �xrxxxvW r`vxWYi �uGGltt Y�bILY"YI; Y,Y�YYg. In instances where deed restrictions specify criteria for placement or construction of family swimming pools that vary from the provisions of ilii Code, the pi�ovisiotis of the 1nost restrictive shall apply. (Code 1974, § 5452) Secs. 6-224-6-239. Reserved. Secs. 6-240-6-249. Reserved. Editor's note -Ord. No. 2012-15, § 2, adopted Oct. 8, 2012, repealed former Art. X, §§ 6-240-6-243 in its entirety which pertained to the gas code derived from Ord. No. 461, § 6, 6-26-89; Ord. No. 517, § 5, 2-24-92; Ord. No. 605, §§ XII-XV, 11-27-95; Ord. No. 692, § III, 1-12-98, Secs. 6-250-6-258. Reserved. Editor's note -Ord. No. 2002-18, § 2, adopted July 8, 2002, repealed former Art. XI, §§ 6-250-6-258, in its entirety. Former Art. XI pertained to an interim service fee and derived from Ord. No. 527, § 2, adopted Sept. 14, 1992. ARTICLE VII. CITATIONS; UNLICENSED CONTRACTORS; FAILURE TO OBTAIN BUILDING PERMIT* Sec. 6-270. Intent and purpose. It is the intent and purpose of this article to authorize the issuance of citations for violations Editor's note -Ord. No. 201245, § 2, adopted Oct. 8, 2012, renumbered former Art. XII as Art, VII. of Sections 489,127 and 489.132(1), Florida Statutes, as may be amended or renumbered from time to time by the Florida Legislature. It is also the intent and purpose of this article to establish a procedure to implement the issuance of such citations by code enforcement officers, who under this article shall be the building official and those persons designated a code enforcement officer under section 2-67, Winter Springs Code. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinances by any other lawful means. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-271. Findings. The city commission of the City of Winter Springs hereby finds: (a) The commencement or performance of work for which a building permit is rewired without such building pervnit being in effect creates a grave threat to the public health, safety, and welfare and jeopardizes the safety of occupants of buildings. (b) The performance of construction by contractors who are not duly licensed, when a contracting license is required, may pose a danger of significant harm to the public when incompetent or dishon- est unlicensed contractors provide unsafe, unstable, or short-lived products or services. (Ord. No. 2001-02, § 1, 10-8-01; Ord. No. 2012- 15, § 2, 10-8-12) Sec. 6-272. Citation authorized for construction contracting viola- tions. A code enforcement officer is hereby authorized to issue a citation for any violation of Sections 489.127 and Section 489.132(1), Florida Statutes, whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that such violation has occurred. A citation shall be issued in accordance with the rules and procedures established by this article and Florida Statutes, Supp. No. 32 398 BUILDINGS AND BUILDING REGUMAIONS This article does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-273. Citation form. A citation issued by a code enforcement officer shall be in a form prescribed by the city commis- sion by resolution, and shall contain at a minimum: (a) The time and date of issuance. (b) The name and address of the person to whom the citation is issued. (c) The time and date of the violation. (d) A brief description of the violation and the facts constituting reasonable cause. (e) The name of the code enforcement officer. M The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (g) The applicable civil penalty if the person elects not to contest the citation. (Ord. No. 2001-02, § 1, 10-8-01; Ord, No. 2012- 15, § 2, 10-8-12) Sec. 6-274. Penalty. In addition to any other criminal penalties provided by Section 489.127(2), Florida Statutes, a civil penalty of five hundred dollars ($500.00) shall be levied for any violation of this article. All monies collected by the city from citations issued under this article shall be deposited in the city's general fund and may be expended for any public purpose authorized by the city commis- sion. A person cited for a violation pursuant to this article is deemed to be charged with a non -criminal infraction. Each violation is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (Ord. No. 2001-02, § 1, 10-8-01) § 6-277 accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "Refused to Sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible, by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the Winter Springs Police Department to report such violation of this article and Section 489.127(5)(m), Florida Statutes. (Ord. No. 2001-02, § 1, 10-Ml) Sec. 6-276. Stop work. Any person who is issued a citation under this article shall immediately cease the act for which the citation was issued upon receipt of the citation. (Ord. No. 2001-02, § 1, 10-Ml) Sec. 6-277. Correction of violation; pay- ment of penalty; notice of hear- ing. Upon receipt of a citation, the person charged with the violation shall elect either to: Sec. 6-275. Refusal to sign citation. Except in the absence of the person who has a) Correct the violation and pay to the city (b) Within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hear- ing before the city's code enforcement board or special magistrate to appeal the issuance of the citation in accordance with the procedures set forth in this article. Any request for an administra- tive hearing shall be made and delivered in writing to the city manager by the time set forth in this subsection. Failure to request an administrative hearing in writing within the ten-day time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of said right shall be deemed an WINTER SPRINGS CODE admission of the violation, and penalties shall be imposed as set forth on the citation. (Ord. No. 2001-02, § 1, 10-8-01; Ord, No. 2012- 15, § 2, 10-8-12; Ord. No. 2015-22, § 7, 10-2645) Sec. 6-278. Administrative hearings; accrual of penalties. (a) All administrative hearings held pursuant to this article shall be conducted by the code enforcement board or special magistrate in accordance with the requirements of the Local Government Code Enforcement Boards Act. (b) During the administrative hearing, if the violator demonstrates to the code enforcement board or special magistrate that the violation is invalid or that the violation has been corrected prior to appearing before the code enforcement board or special magistrate, the code enforce- ment board or special magistrate may dismiss thv citation i nlesc the "t%i�latol is irrc;parabl: or irreversible, in which case the code enforcement board or special magistrate may order the viola- tor to pay a civil penalty as set forth in subsec- tion (c) below. (c) During the administrative hearing, if the code enforcement board or special magistrate finds that a violation exists, the code enforce- ment board or special magistrate may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than one thousand dollars ($1,000.00) per day for each violation. In determining the amount of the penalty, the code enforcement board or special magistrate shall consider the following facts: (1) The gravity of the violation. (2) Any actions taken by the violator to correct the violation. (3) Any previous violations which were com- mitted by the violator. (d) During the administrative hearing, if the code enforcement board or special magistrate finds that the violator had not contested or paid the civil penalty set forth in the citation within the time required in this article, the code enforce- ment board or special magistrate shall enter an order ordering the violator to pay the civil penalty set forth on the citation, and a hearing shall not be necessary for the issuance of such order. (e) All civil penalties imposed by the code enforcement board or special magistrate under this article shall continue to accrue until the violator comes into compliance or until a judge- ment is rendered by a court to collect or foreclose on a lien filed under this article, whichever occurs first, regardless of whether or not the order of the code enforcement board or special magistrate sets forth this accrual requirement. (Ord. No. 2001-02, § 1, 10-8-01; Ord, No. 2015- 22, § 7, 10-26-15) Sec. 6-279. Appeals of code enforcement rru«�rx ur bpecitar niagisira e decisions. Any person aggrieved by a final administra- tive order of the code enforcement board or special magistrate pursuant to this article, includ- ing the city commission, may appeal the order to the circuit court in accordance with Section 489.127(5)(J), Florida Statutes, as may be amended or renumbered from time to time by the Florida Legislature. (Ord. No. 2001-02, § 1, 10-8-01; Ord, No. 2015- 22, § 7, 10-26-15) Sec. 6-280. Recording code enforcement board or special magistrate orders. A certified copy of an order of the code enforce- ment board or special magistrate imposing a civil penalty under this article may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Such orders shall be enforced in accordance with Florida law. (Ord. No. 2001-02, § 1, 10-8-01; Ord, No. 2015- 22, § 7, 10-26-15) Sec. 6-281. Notices. All notices required by this article shall be provided to the violator by certified mail, return receipt requested; by hand delivery by a law enforcement officer or code enforcement officer; by leaving the notice at the violator's usual place Supp. No. 32 400 BUILDINGS AND BUILDING REGUALTIONS of residence with some person of his or her family above fifteen (15) years of age and inform- ing such person of the contents of the notice; or by including a hearing date within the citation. (Ord. No. 2001-02, § 1, 10-8-01) Secs. 6-282-6-299. Reserved. ARTICLE VIII. INTERNATIONAL PROPERTY MAINTENANCE CODE* Sec. 6-300. International Property Maintenance Code adopted. The city hereby adopts in its entirety the 2024 International Property Maintenance Code, (herein after referred to as the "Maintenance Code"), except as amended as follows: Section 103 "Code Compliance Agency" is deleted in its entirety and replaced with the following: The "code official(s)" responsible for enforc- ing the provisions of the Maintenance Code shall be the city's code enforcement officers and the city's building official, or such other person or persons deemed qualified by the city manager. it " It Section 104.2 Refundsis deleted in its entirety. it Section 105.2 Determination of Compliance is deleted in its entirety and replaced with the following: The code official shall have the authority to determine compliance with this code and to render interpretations of this code. Such interpretations: Pursuant to section 101.1 of the Maintenance 1. Shall be in compliance with Code: the intent and purpose of this The regulations shall be known as the Maintenance Code. "Property Maintenance Code of the City 2. Shall not have the effect of of Winter Springs." waiving requirements specifi- Section 101.2.1 "Appendices" of the cally provided for in this Maintenance Code is amended in its entirety Maintenance Code or in other to read as follows: applicable codes and The City of Winter Springs hereby adopts ordinances. Appendix A, Boarding Standard, of the Section 105.6 "Official Records" is deleted in International Property Maintenance Code. its entirety and replaced with the following: Section 102.3 "Application of other codes" of The code official shall keep official records the Maintenance Code is amended in its as required by Sections 105.6.1 through entirety to read as follows: 105.6.5 of the Maintenance Code, and as Repairs, additions or alterations to otherwise required by Florida Statutes structure, or changes of occupancy, shall Chapter 119 and other Public Records be done in accordance with the procedures laws. Such official records shall be and provisions of the Florida Building retained in accordance with the require - Code, Florida Fire Prevention Code, ments of Florida Statutes Chapter 119 Florida Life Safety Code, and the City and other Public Records laws, as Code. It is not the intent of the applicable. Maintenance Code to affect, cancel, or Sections 105.7 "Liability" and 105.7.1 "Legal modify any of the requirements in the Defense" shall be deleted in their entirety. City's zoning code. Section 106 "Means of Appeals" is deleted in Sections 102.8, 102.8.1, and 102.8.2 "Referenced its entirety and replaced with the following: Codes and Standards" of the Maintenance The code enforcement board shall serve Codes are deleted in their entirety. as the board of appeals under the *Editor's note —Ord. No. 2012-15, § 2, adopted Oct. 8, Maintenance Code. Any person directly 2012, renumbered Former Art. XIII as Art. VIII. affected by an administrative decision of Supp. No. 32 401 WINTER SPRINGS CODE the code official shall have the right to appeal to the board of appeals an interpretation or application of the Maintenance Code by filing a notice of appeal with the code official within twenty (20) days of said interpretation or applica- tion. However, once a code official or the city has initiated enforcement proceed- ings under the Maintenance Code, a person is barred from bringing an appeal under this section related to the interpretation or application of any provi- sion of the Maintenance Code which is the subject matter of the enforcement proceeding until such time the enforce- ment proceeding has been concluded through all appeals. Any person aggrieved by a final decision of the code enforce- ment board serving as the board of appeals under this section shall have the right to appeal said decision to a court of CO111pOLC11t jul'isdic.loll. Section 107 "Violations" is deleted in its entirety and replaced with the following: (1) It shall be unlawful for any person, corporation, or other entity to be in violation of any provision of this Maintenance Code. Violations shall constitute a public nuisance and shall be deemed a strict liability offense. (2) Violations of the Maintenance Code shall be prosecuted by the city by any lawful means available includ- ing, but not limited to, actions before the code enforcement board or special magistrate to impose a daily fine for noncompliance and/or for abate- ment of nuisances, civil code enforce- ment citation, and by an independent action before a court of law. Penal- ties and additional city remedies for violations hereof shall be as provided under section 145 of the city code. For purposes of a civil citation, each violation shall constitute a class IV violation. (3) In the event that a person fails to comply with a notice of violation issued by a code official or order rendered by the code enforcement board or special magistrate, the city manager is hereby authorized to take lawful steps including, but not limited to, instituting an appropri- ate proceeding at law or in equity to restrain, correct, or abate such viola- tion, or to require removal or termination of the unlawful occupancy of the building in viola- tion of this Maintenance Code. If the city causes the conditions constituting the violation to be immediately remedied, any expenses incurred by the city to remedy the violation including, but not limited to, contractor and material costs, administrative overhead, attorneys fees, and other related costs shall be assessed by lien against the property which the violation occurs. Such assessment liens shall be prior to all other liens on such property except the lien of state, county, and municipal taxes and shall be in parity with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than thirty (30) days, may be foreclosed by the city in the manner provided by law for the foreclosure of mortgages. Section 110.5 "Costs of Emergency Repairs" is deleted in its entirety and shall read as fol- lows: The city manager is authorized to expend funds in the performance of emergency repairs under this section. If emergency repairs are performed by the city, any expenses incurred by the city to make said repairs including, but not limited to, contractor and material costs, administra- tive overhead, attorneys' fees, and other related costs shall be assessed by lien against the property on which the emergency repairs occurred. Such assess- ment liens shall be prior to all other liens on such property except the lien of state, Supp. No. 32 402 BUILDINGS AND BUILDING REGUALTIONS county, and municipal taxes and shall be in parity with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than 30 days, may be foreclosed by the city in the manner provided by law for the foreclosure of mortgages. Section 111.3 "Failure to Comply" is deleted in its entirety and replaced with the following: If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or through contract, or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate from which the structure is located and a lien shall be imposed against said property. The lien shall be superior to all other liens or encumbrances, including prior recorded mortgages or judgments and only inferior to liens for taxes. In the event the City finds it necessary to foreclose said lien, the City is entitled to recover its reasonable attorney's fees and costs for foreclosing said lien and the foreclosure procedure shall be as authorized by law for foreclosure of municipal liens. Section 201.3 "Terms Defined in Other Codes" is deleted in its entirety and replaced with the following: Where terms are not defined in this code and are defined in the Florida Building Code or Florida Fire and Life Safety Code, such terms shall have the mean- ings ascribed to them as stated in those codes. The first sentence of Section 302.4 "Weeds" is amended to insert "ten (10) inches." Section 304.14 "Insect Screens" is amended to delete the preface in the first sentence, "During the period from [DATE] to [DATE],". § 6-302 Sections 602.3 "Heat Supply" and 602.4 "OCCu- piable Work Spaces" are amended to add a date range of "October 15 to April 30." Chapter 7 "Fire Safety Requirements" is amended to substitute all references to the "International Fire Code" with a reference to the "Florida Fire Prevention Code." In addi- tion, all references to the "International Build- ing Code" shall be substituted with a reference to the "Florida Building Code." Chapter 8 "Referenced Standards" is deleted in its entirety. (Ord. No. 2008-07, § 2, 4-14-08; Ord. No. 2010- 09, § 2, 4-26-10; Ord. No. 2015-22, § 8, 10-2645; Ord. No. 2024-05, § 2, 3-11-24) Sec. 6-301. Supplemental; minimum standards. The Maintenance Code shall be deemed supplemental, and in addition to, any other city code. However, to the extent that a conflict exists between the Maintenance Code, and any other city code, the conflicting provision that most protects life and property shall apply. In addi- tion, with respect to any conflicting enforcement procedures set forth in the city code, said enforce- ment procedures shall not be deemed conflicting, but rather alternative methods to enforce the applicable city codes. (Ord. No. 2008-07, § 2, 4-14-08) Sec. 6-302. Preemption; Florida Building Code; Florida Fire and Life Safety Code. To the extent that any provision of the Florida Building Code and Florida Fire Prevention Code conflicts with and preempts any provision of the Maintenance Code, the Maintenance Code provi- sion which is conflicting and preempted shall not apAy. (Ord. No. 2008-07, § 2, 4-14-08) [The next page is 433] Supp. No. 32 403 LAND DEVELOPMENT ARTICLE I. IN GENERAL Sec. 9-l. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 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. 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- 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. 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 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. Supp. No. 32 561 WINTER SPRINGS CODE 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 plat and support- ing data representing a land survey of lots, blocks and streets, and the engineering plans and specifications for streets, utilities and other improvements. Plan, preliminary means a preliminary plan with supporting data for a proposed develop- ment of streets, lots, block and utilities. Proposed condition means the land cover that exists after improvements are made within the project area. P�cblic rrti.lity i*�clt��3�� any l,a,blic Lf' p�it�ate utility, such as, but not limited to, storm drain- age, 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. 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 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 plat 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 shall be classified 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 1f11flledi a .c 01, IU6,Ure, of transiei 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. Tree preservation, see section 54. (Code 1974, § 14-1; Ord. No. 2005-23, § 2, 9-12-05; Ord. No. 2023-07, § 2, 1241-23) Sec. 9-2. Division of land; city commission approval required. No owner of real property being a subdivision or lot split as defined in this chapter, shall sell lots or tracts of land from such property without first having divided such property in accordance with the requirements hereof. 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 it, lot split resolution, or development agree- Supp. No. 32 562 LAND DEVELOPMENT 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. 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 viola- tion can be remedied by complying with the provisions of this article. (Code 1974, § 14-3; Ord. No. 2005-23, § 2, 9-12-05) 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 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 preliminary or final engineering development 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 commis- sion in accordance with section M. (Code 1974, § 14-3.2; Ord. No. 2005-23, § 2, 9-12-05) Sec. 9-5. 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 vari- Supp. No. 32 562.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 32 562.2 LAND DEVELOPMENT (b) A properly prepared subgrade and approved environmental protection (DEP), among road base and wearing surface with grass swales others, as they may exist and be modified not to exceed one and one-half (11/2) feet in depth from time to time, are to be the regula- and a minimum of five (5) feet from the road tions, criteria, and design requirements edge may be provided for all streets in subdivi- which the city shall utilize for review of sions with lot sizes one (1) acre or greater, stormwater management facilities. All subject to approval of the city engineer, based on city stormwater requirements shall also soil conditions and water table. apply in addition to any federal and state requirements. If there is a conflict between (c) Streets and drainage easements are to be regulations, criteria and design require - cleared as required and left in a neat and clean ments, the most stringent shall apply. In condition. Street rights -of --way and outfall ditches the case of any dispute or question as to shall be sodded or sprigged with grass, or seeded the meaning, interpretation or applica- and mulched, or shall be otherwise protected to tion of any regulation, criteria or design prevent erosion in a manner approved by the city requirement, the final interpretation shall engineer. The subgrade must be of suitable be made by the city engineer in favor of material and must be prepared in accordance the city. Further guidance and technical with the standards prescribed by this chapter. requirements related to stormwater (d) Legal drainage easements, both on -site management facilities and design may and off -site, will be required. Any off -site ease- be adopted by resolution of the city com- ments needed for legal reasons, construction, mission. system performance, or maintenance of the facil- (2) Stormwater management is required for ity shall be included in the development proposal all new development and significant and made criteria for development approval. redevelopment projects where either Such easements shall be of sufficient width to cumulatively results in any of the follow - provide adequately for watercourses, drainage - ways, channels, pipes, culverts, or streams and ing: access to permit maintenance of same. Drainage a. Any project in, on, or over wetlands easements for pipes shall be a minimum of or other surface waters; fifteen (15) feet wide. Larger easements will be required for large pipes or where construction or b. A total of more than four thousand maintenance requirements dictate. (4,000) square feet of impervious or semi -impervious surface area subject (e) See section 9-301 for alternate curb sec- to vehicular traffic; bons. (Code 1974, § 14-121) c. A total of more than nine thousand (9,000) square feet of impervious Secs. 9-224-9-240. Reserveds and semi -impervious surface area; d. A total project area of more than DIVISION 4. DRAINAGE five (5) acres; e. A capability of impounding more Sec. 9-241. Stormwater management. than 40-acre4eet of water; (a) Applicability of regulations and approval by city engineer: £ Any dam having a height of more than ten (10) feet, as measured (1) Stormwater regulations, criteria and from the lowest elevation of the design requirements of the Florida Depart- downstream toe to the dam crest; ment of Transportation (FDOT), the St. Johns River Water Management District g. Any project that is part of a larger (SJRWMD), the department of common plan of development or sale; Supp. No. 32 583 WINTER SPRINGS CODE h. Any dry storage facility storing ten (10) or more vessels that is function- ally associated with a boat launch- ing area; and have a positive outlet or overflow unless documented as being unnecessary by geo- hydrologic investigation based on the applicable design storms. i. Any mocation or alteration of a project previously permitted under (b) Protection from flooding. F.S. Ch. 373, pt. IV. (1) For projects located in an open basin, the (3) Notwithstanding the requirements of peak rate of discharge for proposed condi- subsection (2) above, the following activi- tions shall not exceed the peak rate of ties shall be exempt from the standards runoff for existing conditions for each of of this section: the storm events summarized below. a. Construction, alteration, and Compliance shall be based on a "storm maintenance of single-family for storm" approach. residences and duplexes and their associated accessory structures not Mean Annual (24-hour duration) in accordance with SJRWMD criteria. part of a larger common plan of development or sale that do not 25-Year, 24-Hour. involve any work in wetlands, floodplains, or other surface waters; Critical duration matrix of storm and events in accordance with subsec- b. Maintenance, alteration, renewal, tion (c) below. use or improvement to an existing stormwater management structure (2) For projects located in a closed basin, the not changing or affecting rate or rate and volume of direct runoff for volume of stormwater runoff or caus- proposed conditions must not exceed the ing a violation of state water quality rate and volume of direct runoff for exist - standards; and ing conditions for each of the storm events summarized below. Compliance shall be c. Maintenance, replacement, and based on a "storm for storm" approach. repair work on bridges, driveways, Proposed designs shall not cause an and roadways as provided in Rule increase in the existing flood stage, which 62-330.051(4) F.A.C.; and can be accomplished by retention with d. Installation, maintenance, repair, percolation or detention for a duration replacement, and removal of utili- that is sufficient to mitigate adverse ties as provided in Rule impacts on flood stages. 62-330.051(14), F.A.C.; and • 25-Year, 96-Hour in accordance with e. Construction, alteration, SJRWMD criteria, maintenance, removal, or abandon- ment of recreational paths for • Critical duration matrix of storm pedestrians, bicycles, and golf carts events in accordance with subsec- as provided in Rule 62-330.051(10), tion (c) below. F.A.C. (4) The design concept for drainage systems (c) Design storms and rainfall. in proposed new developments and (1) Drainage facilities in open basins shall significant redevelopments shall be be analyzed for the following design storms approved by the city engineer except using the Type II Florida Modified rainfall where otherwise exempt as provided in distribution and the rainfall amounts this section. All drainage systems shall shown below. Supp. No. 32 584 Storm Event Mean Annual (24- Hour duration) 0-Year, 24-Hour 5-Year, 24-Hour 100-Year, 24-Hour LAND DEVELOPMENT Rainfall (inches) 4.50 7.00 8.60 11.60 (2) Drainage facilities in open basins shall also be analyzed for the following critical duration matrix of storm events using the FDQT rainfall distributions and the rainfall amounts shown below. a„o>•„6o Rocu.rrence Internal (years) � 100- Dura_ tion. 3-Year 5-Yeas 10-Year 25-Yeaa• 50-Year Yea.,• 1-Hour 2.26 2.55 2089 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 72-Houi 5.99 1 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. § 9-241 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 watershed slope, watershed surface stor- age and existing drainage features. A hydro graph peak rate factor of 256 is recommended for undeveloped land uses and 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. Storm Event Rainfall (inches) (3) Time of concentration computations that Mean Annual (96- 6.30 include a component of sheet flow shall Hour duration) be limited to a maximum overland flow 10-Year, 96-Hour 9.50 path of one hundred (100) feet. 25-Year, 96-Hour 11.50 (e) Lot grading and other elevation require- 100-Year, 96-Hour 15.20 ments. (4) Drainage facilities in closed basins shall (1) The drainage system for each subdivi- also be analyzed for the following critical sion shall include a sufficient facility to duration matrix of storm events using remove stormwater without flooding any the FDOT rainfall distributions and the lot in the proposed subdivision or in the rainfall amounts shown below. surrounding territory. I rage Recurrence Interval (years) (2) To facilitate proper stormwater surface Dura: 100- runoff from residential lots, the minimum tion 5-Year 10-Year 25-Yeas 50-Yeas Year residential lot line slope that can be 168- 8.55 9.94 12.10 14.00 16.10 accepted is one and one -quarter percent Hour 240. 8.58 9.60 11.00 13.20 15.lO 17.io (1.25%). This will only be allowed in Hour areas that have good percolation of rainfall (5) The Type II Florida Modified (24-hour into the soils. In areas that do not have duration) and SJRWMD (96-hour dura- good percolation of rainfall into the soils, tion) rainfall distributions shall be cre- the minimum lot line slope that can be Supp. No. 32 584.1 § 9-241 WINTER SPRINGS CODE 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) u iaie Blood Damage Prevention Code. (5) One (1) foot of freeboard is required above the peak stage predicted for the 25-year, 24-hour storm event (8.6-inches 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 may be modified and supplemented herin 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 - Supp, No. 32 584.2 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 �O. U ;el Luau uLiese values are not allowed, if a fence is used, it must be of the same specifications as the fence for dry bottom ponds. (�) All pojads. 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- nical engineering. There must be at least 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 culuer•ts. (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 LAND DEVELOPMENT § 9-241 recovery elevation for the water quality size to be used in designing storm sewers volume or at the overflow weir elevation. is 15-inches (round barrel) or 124nches x 18-inches (elliptical barrel). (3) All ponds shall be designed taking into consideration the tailwater of the receiv- (4) All storm sewer systems must be designed ing facility. Although tailwater condi- to produce a minimum velocity of 2.5 feet tions can be established using approved per second (fps) when flowing full. No studies, reports and other best available storm sewer system or portion thereof information, any assumed relationships shall be designed to produce velocities in must be approved by the city engineer. If excess of ten (10) fps, inclusive of all pipe the receiving facility is an existing storm material types. Erosion protection and sewer, at a minimum, the hydraulic grade energy dissipation shall be provided com- line (HGL) elevation can be assumed to mensurate with the estimated outlet veloc- coincide with the existing pipe crown at ity. the proposed point -of -connection unless a detailed study of the existing system (5) The maximum spacing for access indicates otherwise. structures of any type is summarized below. (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. Pipe Size Maximum Spacing 15-inches 200 feet 18-inches 300 feet 24- to 36-inches 400 feet 42-inches 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- Curves for Zone 7 as contained within tion manholes. Chapter 3 of the FDOT Drainage Manual. A composite runoff coefficient shall be (8) Drainage inlets for subdivisions and other computed for each drainage sub -basin residential projects shall be located at all based on runoff coefficients of 0.95 for roadway low points and along continuous impervious area and 0.20 for pervious grades to prevent the spread of water area. from exceeding one-half the traveled lane 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 Supp. No. 32 584.3 WINTER SPRINGS CODE traveled lane width. Flanking inlets shall be provided if needed to meet this criteria or if so directed by the city engineer. (9) Drainage inlets and spread of water for collector and arterial roadways shall be based on the criteria presented in Chapter 3 of the FDOT Drainage Manual. (i) Floodplain management. (1) The city encourages the preservation of existing swamp areas, ponds (including intermittent ponds), wetlands and wet areas, and bayheads for water storage and conservation purposes. Existing flood storage quantities shall not be reduced by development, and floodplain mnrci.�lcmanage- t hn'l ua "' ,,..jt V IIUIIO iv1 compensating storage as provided in sec- tion 8-109 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 management practices 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- 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 from the roadside u ales aria' carric;d avvay by L;Lor°rrl 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, other adequate permanent protection against our 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 soil and water conditions war- rant. All underdrain trenches shall be back - filled to the surface with clean, permeable, free draining sand in accordance with FDOT 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. Supp. No. 32 584.4 LAND DEVELOPMENT (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) 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 a *Cross reference —Utilities, Ch. 19. § 9-261 Supp. No. 32 584.5 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 32 584.6 MOTOR VEHICLES AND TRAFFIC § 12-53 Sec. 12-53. Abandonment of motor (e) Enforcement on private property. When a vehicles prohibited. disabled or abandoned vehicle is found to be in violation of this section and located on private (a) No person in charge or in control of any property; property, public or private within the city, whether an owner, tenant, occupant, lessee, or otherwise, (1) The code inspector shall place a written shall allow any derelict, disabled or abandoned notice on the vehicle's window indicating vehicle to be placed or remain on any roadway, that it is in violation of this section and street, alley, highway, private property, public that it must be removed within ten (10) property, public right-of-way or easement unless calendar days or it will be subject to such vehicle is within a completely enclosed removal by the city. The code inspector building, or is on the premises of an automotive shall make every reasonable attempt to repair or storage business for which the owner of ascertain the owner of the vehicle and the business has a current city occupational the owner of the property, and shall license and zoning approval. However, a disabled notify such owner(s) with a written notice vehicle may not remain on the premises of an delivered by personal service or mail at auto repair business or storage business in excess their current address, last known address of one hundred eighty (180) days. A vehicle or the address appearing on the certificate covered with a car cover does not constitute of title for the vehicle. Such notice on a enclosure or storage of disabled vehicle. vehicle window shall not be less than eight (8) inches by ten (10) inches and (b) Evidence. A vehicle will be in violation of shall be fluorescent orange in color, suf- this section if it is in a state of evident disuse, ficiently weatherproofed to withstand neglect or abandonment. Evidence may include, normal exposure to the elements. but not limited to, factors such as: at the same (2) Within the ten (10) calendar day period location for forty-eight (48) consecutive hours, specified in the notice, the owner of the vehicle being wrecked, and/or inoperative as vehicle or the owner of the property or an evidenced by vegetation underneath as high as authorized agent may appeal to the direc- the vehicle body or frame, refuse or debris for of code enforcement or his/her collected underneath or the vehicle being used designee. The director of code enforce - solely for storage purposes, if it is partially ment or his/her designee shall determine dismantled, having no engine, transmission, or the validity of the violation and may for other major and visible parts, having major and good cause extend the time for compli- visible parts which are dismantled, having no ance or removal. If such an appeal is valid license tag, or being in any physical state made, no removal shall be required until rendering it inoperable or unsightly to the after said appeal has been finally neighborhood. determined. (c) Interpretation of this requirement. Noth- (3) The property or vehicle owner(s) may ing in this part shall be construed as permitting appeal the director's or his/her designee's the disassembling, the tearing down or scrap- final decision to the code enforcement ping of a vehicle or to permit one (1) vehicle to be board or special magistrate for a scavenged or stripped for parts for use on another determination as to whether the property vehicle. is subject to removal. (d) Responsibility for compliance. The owner, (4) If no appeal is made and the disabled agent and/or tenant of the property on which the vehicle remains in violation after the ten violation occurs and the owner of the disabled (10) calendar day applicable period, the vehicle shall be jointly and individually responsible director or his/her designee shall cause for compliance with the requirements of this such vehicle to be removed to a storage section. facility approved by the city commission Supp. No. 32 821 WINTER SPRINGS CODE and thereafter disposed of in accordance with applicable state law or city ordinance. (5) The authorization in this section for towing of abandoned and disabled vehicles shall not be construed so as to negate the authority of the code enforcement board or special magistrate to hear and adjudicate appropriate cases. (f) Vehicle on public property. Notwithstand- ing any of the foregoing, all vehicles which are located on public property shall be towed and disposed of in accordance with notice and sale requirements of F.S. Ch. 705, as may be amended from time to time. To the extent that this section 12-53 conflicts with any portion of F.S. Ch. 705, the latter shall control as to any vehicles located on public property. In accordance with F.S. Ch. 705, the law enforcement officer shall place a written notice on the vehicle's window indicating that it is in violation of this section and that it u 11F1,t hn rcT oved wit-11in five (5) calendar days or� it will be subject to removal by the city. The city's police department shall follow all procedures required in F.S. Ch. 705 to tow and dispose of the vehicle. (Code 1974, § 11-20; Ord. No. 632, § I, 11-25-96; Ord. No. 2015-22, § 10, 10-26-15; Ord. No. 2024-01, § 2, 1-22-24) Cross reference —Procedure for disposing of abandoned property, § 2-1. Sec. 12-54. Reserved. Editor's note —Ord. No. 2016-01 § 3, adopted July 25, 2016, repealed § 12-54, which pertained to impoundment and redemption of illegally parked and abandoned vehicles and derived from the Code of 1974, § 11-21; and Ord. No. 2002-22, § 2, adopted July 22, 2002, Secs. 12-55-12-64. Reserved, DIVISION 2. STOPPING, STANDING, PARKING* Sec. 12-65. General prohibitions. Except when necessary to avoid conflict with other traffic or to comply with law or the direc- tions of a police officer or official traffic control device, no person shall: (1) Stop, stand, or park a vehicle: a. On any roadway; except as follows: 1. Parking on collector roads shall only be permitted within designated on -street parking spaces approved by the city. Parking of vehicles on roadways collector road shall be permit- ted provided the roadway has a minimum width of twenty- two (22) feet of paved parkable roadway width and either a concrete ribbon curb, gutter or Miami curb. For purposes of this subsection, the concrete ribbon curb, gutter, or Miami curb shall be included in the measurement of the paved parkable width. 2. Upon recommendation of the chief of police and city engineer, the city commission may on a case -by -case basis establish site specific parking zones on roadways for purposes of allow- ing the parking of vehicles in areas where parking is prohibited by this section provided such allowance is otherwise allowed by law. Such parking zones shall be established by resolution at a public hearing. A parking zone shall become effective upon the chief of police erecting a sign(s) or marker(s) identifying the parking zone requirements *Cross reference —Streets, sidewalks and other public places, Ch. 17. Supp. No. 32 822 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. Old Age and Survivors Insurance Sec. 14-26. Extension of benefits. Sec. 14-27. Execution of agreements. Sec. 14-28. Contributions. Sec. 14-29. Records. 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. Sec. 14-52. Board of trustees. *Cross reference —Administration, Ch. 2. Supp. No. 32 931 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 32 932 PERSONNEL ARTICLE I. IN GENERAL Sec, 144. Policy, rules and regulations. The personnel policy of the city shall be approved and ratified by resolution of the city commission which shall include a system for the recruiting, selecting, developing and maintain- ing an effective and responsive workforce, and shall include policies and procedures for employee hiring and advancement, training and career development, job classification, salary administra- tion, retirement, fringe benefits, discipline, discharge and other related activities which is on file in the city clerk's office. The city manager shall from time to time amend and update the personnel policy. (Code 1974, § 17-1) 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. (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. (c) The city 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 compensation 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. (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 his or her designee finds that prevent- ing 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 his or her designee. Fingerprints shall be submitted to the state 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 pursuant to this section may be used by the city to determine an applicant's eligibility Supp. No. 32 933 WINTER SPRINGS CODE for employment or appointment and to determine an employee's eligibility for continued employ- ment. (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 his or her designee shall determine, in his or her discretion, the positions and appointments that are deemed to be critical to security or public safety under this section. (Ord. No. 2023-10, § 2, 1146-23) Secs. 14-4-14-25. Reserved. ARTICLE II. OLD AGE AND SURVIVORS FT* QFTaa njRTCR * Sec. 14-26. Extension of benefits. (a) Intent. It is hereby declared to be the policy and purpose of the city to extend effective as of January 11, 1975, to the employees and officials thereof, not excluded by law, nor excepted herein, the benefits of the system of old age and survivors insurance as authorized by the federal social security act and amendments thereto, and by F.S. ch. 650 and to cover by such plan all services which constitute employment as defined in F.S. § 650.02, employed in the employ of the city by employees and officials thereof, except for services rendered by elected officials, or services rendered by part-time employees, and for services rendered for which the compensation is on a fee basis. (b) Exceptions. There is hereby excluded from this section any authority to include in any agreement entered into under section 14-27, any service, position, employee or official now covered by or eligible to be covered by an existing retirement system. (Code 1974, § 24(a), (b)) *State law reference —Social Security, F.S. ch. 650. Sec. 14-27. Execution of agreements. The mayor is hereby authorized and directed to execute all necessary agreements and amend- ments thereto with the state agency for the purpose of extending the benefits provided by the system of old age and survivors insurance to the employees and officials of this city as provided in this article, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary and proper, and shall be effective with respect to services in employment covered by such agreement performed on and after the eleventh day of January, A.D., 1975. (Code 1974, § 2-4(c)) Sec. 14-28. Contributions. (a) Withholdings. Withholdings from salaries, t* eges or other coorp ,nSaticn of ornployce"s and officials for the purpose provided in section 14-26(a) are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency designated by such laws or regula- tions to receive such amounts. (b) City contributions. There shall be appropri- ated from available funds, derived from the general fund of the city such amounts, at such times, as may be required to pay promptly the contributions and assessments required of the city as employer by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regula- tion. (Code 1974, § 2-4(d), (e)) Sec. 14-29. Records. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations governing the provisions of this article, and shall adhere to the regulations of the state agency. (Code 1974, § 24(f)) Supp. No. 32 934 PERSONNEL Sec, 14-30. Adoption of Title II, Social Security Act. The city does hereby adopt the terms, condi- tions, requirements, reservations, benefits, 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, § 2-4(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 of maintaining personnel records for the purposes of this article. (Code 1974, § 2-4(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 cJerk'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. 2009-01, § 2, 2-23-09) C. 14-52. Board of trustees. § 14-52 (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 2-41. (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, 3-14-88; 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. 32 935 UTILITIES Sec. 19-101. Office hours. (a) The business office is located at 1126 East State Road 434, Winter Springs, Florida. It is open Monday through Friday, 8:00 a.m. to 5:00 p.m. A night drop box may be provided for afterhours payment. Sec. 19-102. User charge schedule, general. (b) In case of an emergency, contact the busi- ness office. Emergency service shall not be avail- able to users whose account is delinquent. (Code 1974, § 16-50; Ord. No. 702, § VI, 6-8-98) The following rates and charges shall apply to all systems unless otherwise specifically stated: (1) Monthly water service rates. The monthly water rate shall include the sum of the base facility charge based on the size of the meter plus a volume charge per one thousand (1,000) gallons or a fraction thereof of metered water consumption as set forth below. a. Individually metered residential service. Bills Rendered Bills Rendered Bills Rendered Bills Rendered Bills Rendered Oil or after on or after oil or after o0 or after on or after 121112023 101112024 101112025 101112026 10/1/2027 Monthly Charge Base Facility Charge (meter size) % inch x % inch $7.88 $8.87 $9.98 $10.48 $11.00 1-inch $19.70 $22.18 $24.95 $26.20 $27.50 1'/2-inch $39.40 $44.35 $49.90 $52.40 $55.00 2-inch $63.04 $70.96 $79.84 $83.84 $88.00 3-inch $126.08 $141,92 $159.68 $167.68 $176.00 4-inch $197900 $221.75 $249,50 $262,00 $275,00 6-inch $394.00 $443.50 $499,00 $524.00 $550,00 8-inch $630640 $709,60 $798.40 $838.40 $880.00 Charge per thousand (1,000) gallons Volume Charge -Domestic Service per 1,000 gallons 0-10,000 $1.83 $2.06 $2.32 $2.44 $2.56 10,001-15,000 $2.66 $2.99 $3.36 $3.53 $3.71 15,001-20,000 $3.52 $3.96 $4.46 $4.68 $4.91 20,001-25,000 $4.34 $4.88 $5.49 $5.76 $6.05 251001-30,000 $5.70 $6.41 $7.21 $7.57 $7.95 Over 30,000 $7.89 $8.88 $9.99 $10.49 $11.01 Volume Charge -Irrigation Service per ERC (gallons)* 0-5,000 $2.66 $2.99 $3.36 $3.53 $3.71 501-10,000 $3.52 $3.96 $4.46 $4.68 $4.91 10,001-15,000 $4.34 $4.88 $5.49 $5.76 $6.05 15,001-20,000 $5.70 $6.41 $T21 $7.57 $7.95 Over 20,000 $7.89 $8.88 $9.99 $10.49 ULM *Reflects water use for residential irrigation service which is metered in addition to domestic service from a single service connection to water system. For those customers which receive dual metered service from a single service connection, the base facility charge will only be applied to domestic service (one (1) charge per service connection). Supp. No. 32 1247 § 19-102 WINTER SPRINGS CODE b. Master metered residential and nonresidential service. Bills Rw�dered Bills Rendered Bills Rendered Bills Rendered Bills Rendered on or alter on. or after on a• after on or after at or after 121112023 101112024 101112025 101112026 10/1/2027 Monthly Charge Base Facility Charge (meter size) % inch x % inch $7.88 $8.87 $9.98 $10.48 $11.00 1-inch $19.70 $22.18 $24.95 $26.20 $27.50 1'/24nch $39.40 $44.35 $49.90 $52.40 $55.00 2-inch $63.04 $70.96 $79.84 $83.84 $88.00 3-inch $126,08 $141.92 $159.68 $167.68 $176400 4-inch $197.00 $221.75 $249,50 $262.00 $275.00 6-inch $394.00 $443.50 $499600 $524.00 $550400 8-inch $630440 $709.60 $798.40 $838.40 $880.00 Charge per thousand (1,000) gallons Volume Charge -Domestic $2.77 $3.12 $3.51 $3.69 $3.87 Service per 1,000 gallons Volume Charge -Irrigation Service per ERC (gallons)* 0-5,000 $2.66 $2.99 $3.36 $3.53 $3.71 5,UU1-IU,000 $3.52 $3.96 $4.46 $4.68 $4.91 10,001-1500 $4.34 $4.88 $5.49 $5.76 $6.05 15,001-20,000 $5.70 $6.41 $T21 $7.57 $7.95 Over 20,000 $7.89 $8.88 $9.99 $10.49 $11.01 c. General irrigation meter service v. Bills Rendered Bills Rendered Bills Rendered Bills Rendered Bills Rendered Oil or alter on or after on or offer an or after on or after 121112023 101112024 101112025 101112026 10/1/2027 Monthly Charge Base Facility Charge (meter size) % inch x3/a inch $7.88 $8.87 $9.98 $10.48 $11.00 1-inch $19.70 $22.18 $24.95 $26.20 $27.50 1'/2-inch $39.40 $44.35 $49.90 $52.40 $55.00 2-inch $63.04 $70.96 $79.84 $83.84 $88.00 3-inch $126408 $141,92 $159,68 $167,68 $176.00 4-inch $197.00 $221,75 $249050 $262,00 $275000 6-inch $394000 $443050 $499,00 $524000 $550,00 8-inch $630440 $709460 $798,40 $838040 $880,00 Charge per thousand (1,000) gallons Volume Charge -Irrigation Service per ERC (gallons)* 0-5,000 $2.66 $2.99 $3.36 $3.53 $3.71 5,001-10,000 $3.52 $3.96 $4.46 $4.68 $4.91 M001-15,000 $4.34 $4.88 $5.49 $5.76 $6.05 15,001-20,000 $5.70 $6.41 $7.21 $7.57 $7.95 Over 20,000 $7.89 $8.88 $9.99 $10.49 $11.01 :"Reflects water use for nonresidential irrigation service which is metered from a separate and distinct service connection to the water• system. d. The base facility charge is the minimum monthly charge applied in each account and will not be assessed if the service is discontinued. e. A twenty-five (25) percent surcharge on the monthly water service rates shall be assessed to customers located outside the City limits pursuant to F.S. § 180.191. (2) Water meter charges. The water meter charge shall be based on the size of the meter as follows: Supp. No. 32 1248 UTILITIES Meter Meter Size (in inches) Installation Only Installation/Tap- In % x 3/4 $160.00 $350600 % x 3/4 remote read $220.00 $490.00 % x 3/4 double check $330.00 $380,00 1 remote read $310.00 $460.00 x 3/4 double check remote read $350.00 $510,00 1 meter plus backflow prevention device $490400 $670,00 1'/2 remote read $570,00 $770.00 1`/2 meter plus backflow prevention device $890.00 $1,110.00 2 remote read $810.00 $1,030.00 2 meter with separate double check valve $1,120.00 $15350.00 a. For all meters larger than two (2) inches, the meter charge shall be based upon the actual cost of. i) the meter plus materials; ii) labor and equipment/machinery/vehicle require- ments associated with the installation; iii) an allowance for administration; and iv) other items directly related to the installation, all as determined by the city. (3) Monthly sewer service rates. The monthly sewer rate shall include the sum of the base facility charge based on the size of the meter plus a volume charge per one thousand (1,000) gallons or a fraction thereof of metered water consumption as set forth below. a. All customer classes. Bills Rendered Bills Rendered Bills Rendered Bills Rendered Bills Rxvidered Oil or after on or after on or after on or alter on „r alter 121112023 101112024 101112025 101112026 10/1/2027 Monthly Charge Base Facility Charge (meter size) % inch x3/4inch $16.13 $19.36 $23.23 $26.02 $29.14 1-inch $40.33 $48.40 $58.08 $65.05 $72.85 1'/2-inch $80.65 $96.80 $116.15 $130,10 $145,70 2-inch $129004 $154.88 $185,84 $208016 $M3.12 3-inch $258608 $309,76 $371068 $416632 $466.24 4-inch $403.25 $484000 $580675 $650,50 $728,50 6-inch $806.50 $968600 $1,161.50 $1,301.00 $1,457,00 8-inch $1,290.40 $1,548680 $1,858.40 $2,081.60 $2,331.20 Charge per thousand (1,000) gallons Individually metered $6.30 $7.56 $9.07 $10.16 $11.38 residential (first 10,000 gallons) Master metered $6.30 $7.56 $9.07 $10.16 $11.38 residential (no maximum) Master metered $6.30 $7.56 $9.07 $10.16 $11.38 nonresidential (no maximum) b. The base facility charge is the minimum monthly charge applied to each account and will not be assessed if the service is discontinued. c. A twenty-five (25) percent surcharge on the monthly sewer service rates shall be assessed to customers located outside the city limits pursuant to F.S. § 180.191. (4) Service availability charges. A service availability charge shall be imposed and levied on all development requesting water and/or wastewater capacity to provide service to their properties and on all properties when structural charges, additions or changes in permitted use shall result in an increase in capacity requirements from the city's water and/or wastewater system. a. The service availability fees shall be as follows: Supp. No. 32 1249 WINTER SPRINGS CODE Water availability fee, per gallon Sewer availability fee, per gallon Bills Rendered on or after October 1, 2022 b. The determination of the amount of capacity shall be based on a schedule of minimum daily flows for the residential users: Mininau�n Daily Ploau (go.11ons per day) Water Sewer 1 and 2 bedroom apartments, multi -family 300 250 1 and 2 bedroom townhomes, multi -family 300 250 3 bedroom, multi -family 350 300 Mobile homes, single-family, per home 350 250 Single-family residential 350 300 c. The determination of the amount of capacity for the non-residential users shall be based on the flow rates contained in Florida Administrative Code, 64E-6, as may be amended or renumbered from time to time. Separate laundry facilities for apartments or multi -family complexes are not included in the per unit flow rates included in (4)b above. d. With respect to the determination of the water and wastewater service availability fees for non-residential development, if no water and wastewater capacity estimates are provided, the city reserves the right to estimate the average dependable daily capacity as referenced in this section and determine the appropriate service availability fee to be charged to such owner or applicant. e. The city reserves the right to review the amount of water and/or wastewater consumption during the first eighteen (18) months of service and shall bill to the owner or applicant any adjustment to the water and wastewater service availability fees for capacity use in excess of amounts which have been paid by the owner or applicant. Any additional service availability fee payments shall be billed to the owner or applicant at the same rate that was initially billed at time of building permit issuance. (5) Miscellaneous charges. a. Disconnection fee for turning service off for nonpayment .................. $20.00 b. Re -connection fee for turning on service during regular business hours after disconnections for nonpayment of bill .................................... $20.00 c. Re -connection fee for turning service on outside of regular business hours after disconnection for nonpayment of bill ................................ $45.00 d. Fee or charge for actual damages (whichever is greater) for contamination or alteration of a water meter, line or connection, per occurrence ............. $95.00 e. Inspection fee for each connection requested .............................. $40.00 f. Fee for all payments returned by bank $20.00 or 5% of the face amount of the payment, whichever is greater, not to exceed. 4 $40.00 g. Application fee.........................................................0 $20.00 h. Reinstallation fee for meter removed because of nonpayment or inability to lockoff................................................................. $50.00 i. Pretreatment charge, as established by the city commission by resolution. j. Capacity reservation charge, $0.35 per sewer gallon per year. Supp. No. 32 1250 UTILITIES § 19-127 k. Television inspection of new sewer mains and laterals installed by contrac- tors for acceptance by city: 1. Inspection fee using the city's T.V. camera and crew, per hour......... $125.00 (6) Price indexing. Beginning annually on October 1,201-2 2028 and continuing annually thereafter every October 1, the base facility, volume and service availability charges for water, sewer and reclaimed water shall be adjusted using the CPI for the previous twelve-month period. (Code 1974, § 16-51; Ord. No. 449, § 3, 1-9-89; Ord. No. 485, § 3, 541-90; Ord. No. 500, §§ 1-3, 2-11-90; Ord. No. 538, § III, 12-14-92; Ord. No. 563, §§ I, II, 741-94; Ord. No. 617, § I, 5-13-96; Ord. No. 702, §§ IV—VIII, 6-8-98; Ord. No. 733, § I, 9-23-99; Ord. No. 2002-20, § 4, 6-24-02; Ord. No. 2009-13, § 2, 9-28-09; Ord. No. 2011-11, § 2, 8-22-11; Ord. No. 2023-13, § 2, 1241-23) Cross reference —Reclaimed water rates and charges, § 19-138. Secs. 19-103-19-125. Reserved. DIVISION 5. SEWERAGE REVENUE GENERATION SYSTEM* Sec. 19-126. Accounts established. The city hereby establishes two (2) separate accounts into which deposits required for accumulation of the equivalent future value of the grant amount shall be made, to wit: (1) Sewerage system capital improvement account —Source wastewater develop- ment charges; and (2) Sewerage system capital improvement account —Other sources. The sewerage system capital improvement account —Source wastewater system develop- ment charges shall be segregated from any other source of money in order that the city can monitor and maintain its compliance with the Dunedin decision. (Code 1974, § 16-61) Sec. 19427. Deposits. (a) Deposits to the sewerage system capital improvement 4- banr tthe end of each one-year period beginning *Editor's note —Ord. No. 357, §§ 1-4, adopted Dec. 8, 1986, enacted provisions adopting a sewerage revenue genera- tion system. Such provisions, being nonamendatory of the Code, have been included herein as Art. IV, §§ 16-61-16-64, at the discretion of the editor. with the date of initiation of operation of the complete grant funded treatment works. Beneficial occupancy shall be deemed the date of tiation of operation of the complete grant funded treatment works. The number of annual deposits shall be twenty (20), which is the weighted design life of the treatment works as calculated by the city's utilities consulting engineers. Deposits into sewerage system capital improvement accounts shall be made annually, or, at the discretion of the city's finance director, more frequently. Deposits shall be made not later than on the last business day preceding the anniversary date of beneficial occupancy. The city does not have any plans at present for early termination of deposits into the sewerage system capital improvement accounts. The city may, however, make prepayments into these funds upon the recommendation of the city's finance director and approval of the city manager. Deposits may be terminated once the sum of all deposits exceeds twenty (20) times the annual deposit determined below. (b) The aggregate amount of the annual deposits into the sewerage system capital improve- ment accounts shall be determined by the follow- ing formula: i(1 + i)DL (1 + 1)DL-1 Where: D = required annual deposit Supp. No. 32 1251 Ce9 i DL WINTER SPRINGS CODE grant amount actually received by city 0.078 20 years (c) The sources of revenue for the required deposits shall be as follows: (1) Wastewater system development charges (to the extent permitted by law). (2) Current -year surpluses from the revenue fund. (3) Prior -year surpluses from the revenue fund. If the above sources of revenues are collectively insufficient to make the annual deposit, then the wastewater user charges shall be increased to provide the remaining source of funds necessary for such annual deposits above those required by blie ciiy's ievwme rate covenant to cover any bonded indebtedness deficiencies in debt service. (d) Deposits into the sewerage system capital improvement accounts shall be invested in accordance with the city's normal practice for investment of funds, but shall be accounted for separately. (Code 1974, § 16-62) Sec. 19-128. Expenditures. Accrued moneys in the sewerage system capital improvement accounts shall be expended for any permissible purpose including, but not limited to, the following: (1) Capacity expansion of any wastewater system facility. (2) Replacement of any wastewater system component which has reached the end of its design life. (3) Repair and/or replacement of treatment plant, pumping station or major transmis- sion facilities in the event that these items are undertaken as part of capacity expansion or upgrade necessary to meet more stringent effluent limitations required by a regulatory agency or are necessitated as the result of manmade or natural disaster. (Code 1974, § 16-63) Sec. 19-129. Accountant certification of adequate maintenance. The city shall engage a certified public account- ing firm to prepare and submit annually to the state department of environmental regulation a certification that the revenue generation system has been maintained in accordance with chapter 17-50, Florida Administrative Code. (Code 1974, § 16-64) i✓�Vi1. Yv-Y.Y V YaY-Y.S r/. YW'Yi �'�Y V �`lfl. ARTICLE III. RECLAIMED WATER SYSTEM* Sec. 19-136. Definitions. [As used in this article, the following words and terms shall have the meaning ascribed thereto:] Customer: Any person receiving service or making application for service. Developer: Any person, firm, association, syndicate, partnership or corporation, or any combination thereof, who are actually involved in development. Development: An approved plan utilizing a tract of land appropriately zoned being developed in accordance with the purposes, intent and provisions of Chapter 9 and Chapter 20 of the City of Winter Springs Code of Ordinances. Irrigation system: From the point of connec- tion to the city's service line valve and extending through the use of inground sprinkler system(s) to be operated and maintained by the customer. *Editor's note —Ord. No. 443, § 1(1)—(5), adopted Jan. 9, 1989, enacted provisions pertaining to the reclaimed water system. Such provisions have been included herein as Art. III, §§ 19-136-19-140, by the editor. Cross reference —Wastewater, § 19-26 et seq. Supp. No. 32 1252 UTILITIES Potable water: Water that has been treated for human consumption and is distributed to the public by water distribution mains. Reclaimed water: Highly treated effluent from the wastewater treatment plant which meets or exceeds requirements for public access as set forth by the Florida Department of Environmental Regulation; not for human consumption. Reclaimed water• system: That portion of the system pertaining to storage, pumps, chlorina- tion, distribution mains, service lines and valves used to distribute reclaimed water. Tract: All lots or portions thereof served by the particular connection regardless of what portion of the lot or lots are actually being irrigated. (Ord. No. 443, § 1(1), 1-9-89) Sec. 19-137. Routing and construction. (a) The city will establish a route and install a reclaimed water system based on the most cost effective method utilizing facilities in existence at the present time. The expansion of which will be based on an as -needed basis, cost factors, and on the number of applications received from residents wishing to connect to the reclaimed water system. (b) Developers of properties which contain or abut such routes shall install reclaimed water systems in an appropriate easement to be dedicated to the city upon completion. All reclaimed water systems shall be designed by a Florida registered engineer and in accordance with the regulations of the city and the State of Florida Department of Environmental Regula- tion. (c) The city will operate and maintain the reclaimed water system only. A developer shall design and install irrigation systems to maintain common areas, model homes or lots. All such irrigation systems shall be operated and maintained by the developer, property owners or homeowners association. No potable water irriga- tion meters will be installed within an area serviced by a reclaimed water system. (d) Landscape irrigation system require- ments. All irrigation systems that are connected to the reclaimed water lines shall be inground without over spray to adjacent properties, sidewalks, and streets. Hose bib connections to the reclaimed water system will be allowed. It is unlawful to make connections from the reclaimed water system to any building or other source of water supply. Inspections of all irrigation systems installed will be made by utility personnel prior to connection to the reclaimed water system. (Ord. No. 443, § 1(2), 1-9.89; Ord. No. 2010-11, § 4, 4-26-10) Sec. 19-138. Rates and charges. (a) A rate shall be charged to all the custom - on the reclaimed water system in accordance with the following schedule: (1) For nonmetered service for tracts of one- half (1/2) acre size or smaller, the monthly charge shall be eight dollars and fifty- five cents ($8.55). (2) For nonmetered service for tracts greater than one-half (1/2) area, an additional monthly fee of eight dollars and fifty-five cents ($8.55) for each additional irrigated one-half (1/2) acre shall be added to the base charge of eight dollars and fifty-five cents ($8.55). (3) For customers receiving metered service, mony the thlcharge shall be the sum of the base charge plus a consumptive charge as follows: Supp. No. 32 1253 § 19-138 WINTER SPRINGS CODE Bills Rendered Bills Rendered Bills Rendered Bills Rendered Bills Rendered on or after on or after on or after 121112023 101112024 101112025 0 or after on or after 1/1/2026 10/1/202727 Monthly Charge Base Facility Charge (meter size) % x 3/4 and 3/4 $6.10 $7.02 $8.07 $8.68 $9.33 Charge per thousand (1,000) gallons 0-5,000 $1.10 $1.27 $1.46 $1.57 $1.69 5,001-10,000 $1.37 $1.58 $1.82 $1.96 $2.11 10,001-15,000 $1.92 $2.21 $2.54 $2.73 $2.93 15,001-207000 $2.15 $2.47 $2.84 $3.05 $3,28 Over 20,000 $3.15 $3.62 $4.16 $4.47 $4.81 (4) As nonmetered customers of the reclaimed water system become metered, the newly metered customer shall be subject to the monthly rates and charges as identified in section 19438(a)(3). Customer shall u, Ouuicut Lu charges iur metered service effective the next available billing period subsequent to installation of the reclaimed water meter. (5) For wholesale reclaimed water service, the monthly charge shall be fifty-two cents ($0.52) per thousand gallons. (b) The customer shall not be required to pay all costs associated with the purchase and instal- lation of the meter. The public works/utility director or their designee may waive the require- ment for a meter where a suitable alternative method exists for the calculation of the water usage and where the customer agrees to pay the metered rate for the calculated amount of water usage. (c) Connection to the reclaimed water• system; connection charges. All connections to the reclaimed water system shall be approved by the public works/utility director or their designee. The total connection charge will consist of tap- ping fee for the reclaimed water service and the fee for installing a backflow prevention device on each potable water line servicing the same tract. Nonmetered Service Size (in Tapping Fee/ inches) Plus Material ckflow prevention fee Actual cost to 11/2 $230400 o 8 Actual cost Supp. No. 32 1254 As an incentive to customers within an area of planned reuse expansion, and to allow the city to make as many taps as possible during construc- tion, all taps for three-quarter inch or one -inch service will be made without charge to those customers applying for service prior to the begin- ning of construction. (d) A customer whose service has been discontinued may resume reclaimed water service after paying any past due amounts and a recon- nection fee. The reconnection fee shall be equal to the actual cost of reconnection but in no case shall be less than forty dollars ($40.00). (e) Where service has been disconnected for a violation of an ordinance or regulation regarding reclaimed water, such service shall not be recon- nected until the city manager receives adequate assurance and guarantees that such a violation will not recur. (Ord. No. 443, § 1(3), 1-9-89; Ord, No. 609, § I, 1-8-96; Ord. No. 2002-20, § 5, 6-24-02; Ord, No. 200943, § 2, 9-28-09; Ord, No. 2023-13, § 3, 1241-23) - Cross referenceWastewater user charge schedule, § 19-102. Sec. 19-139. Promulgation and enforce- ment of service procedures and regulations. (a) The city manager shall have the power to promulgate procedures and and regulations with respect to the following matters which procedures and regulations shall become effective upon resolu- tion approving same being adopted by city com- mission: (1) Application procedures and require- ments; Supp. No. 32 1254 As an incentive to customers within an area of planned reuse expansion, and to allow the city to make as many taps as possible during construc- tion, all taps for three-quarter inch or one -inch service will be made without charge to those customers applying for service prior to the begin- ning of construction. (d) A customer whose service has been discontinued may resume reclaimed water service after paying any past due amounts and a recon- nection fee. The reconnection fee shall be equal to the actual cost of reconnection but in no case shall be less than forty dollars ($40.00). (e) Where service has been disconnected for a violation of an ordinance or regulation regarding reclaimed water, such service shall not be recon- nected until the city manager receives adequate assurance and guarantees that such a violation will not recur. (Ord. No. 443, § 1(3), 1-9-89; Ord, No. 609, § I, 1-8-96; Ord. No. 2002-20, § 5, 6-24-02; Ord, No. 200943, § 2, 9-28-09; Ord, No. 2023-13, § 3, 1241-23) - Cross referenceWastewater user charge schedule, § 19-102. Sec. 19-139. Promulgation and enforce- ment of service procedures and regulations. (a) The city manager shall have the power to promulgate procedures and and regulations with respect to the following matters which procedures and regulations shall become effective upon resolu- tion approving same being adopted by city com- mission: (1) Application procedures and require- ments; UTILITIES (2) Installation requirements including specifications of acceptable materials, devices and regulations to help prevent backflow or cross -connection with other systems; (3) Procedures for the orderly expansion of the reclaimed water system; (4) Procedures for enforcement of the ordinances and regulations pertaining to reclaimed water including procedures for inspection of the customers system; and (5) Procedures and regulations for the efficient operation of the reclaimed water system. (b) Notwithstanding the foregoing, the city manager may, when necessary for the efficient operation of the reclaimed water system or for the health or safety of the general public or the customer, establish regulations regarding the following matters which regulations shall be effective at the time and regarding: (1) The time(s) of day or night during which the reclaimed water may be used by customers; and (2) The maximum rate of use of the reclaimed water. (c) No persons shall construct, operate, maintain or allow to remain present on property owned or controlled by him, any device or system which is connected to the city's reclaimed water system and which is not in compliance with all provisions of this Code related to reclaimed water and with all procedures and regulations pursuant to this section. The person who owns or controls the property upon which such a noncomplying device or system is found shall be liable to the city for the amount by which the costs associated with the securing and/or the noncomplying device or system exceeds the cost of a normal discontinuance of service. These excess costs shall constitute a lien against the property upon which the noncomplying device or system is located. (d) Any customer whose reclaimed water system is in violation of a city ordinance, regula- tion, or procedure shall be subject to immediate discontinuance of reclaimed water service. Such discontinuance of service shall not relieve any person of liability for civil actions or for criminal or municipal ordinance violation prosecution. (e) No person, unless expressly authorized by the city manager or his designee, shall tamper with, work on, or in any way alter or damage any (reclaimed water facility. Tampering or work shall include, but is not limited to opening or closing of valves, or causing of any water to flow from the system. The offending person shall be liable for the cost of all charges attributable to the correction of such tampering, including legal expenses, but payment of or correction of such damage shall not relieve the offending person from civil or criminal penalties the city or court of law may impose for a violation of city ordinance. (f) Fees for reclaimed water service shall be applied to the customer's monthly water bill. Payment shall be made in accordance with sec- tion 19-97 of the Code of Ordinances of the City of Winter Springs. (Pr) No person shall allow any reclaimed water to be consumed by any human being or animal. Additionally, no person shall use reclaimed water for any purpose which would knowingly endanger the health of any person, animal or plant. (Ord. No. 443, § 1(4), I-M9) Sec. 19-140. Inspection. (a) To ensure that the provisions of this article and regulations and procedures are being observed, the city reserves the right and privilege of inspecting, removing and/or securing any or all devices installed by the customer which connect to or control the reclaimed water system. (1) Inspection without cause to believe that an ordinance or regulation is being violated shall be at reasonable times and shall not exceed a reasonable frequency. (2) Inspections where there is reasonable cause to believe that an ordinance or regulation is being violated shall be at such times and shall occur with such frequency as is necessary to establish that an ordinance or regulation is or is not being violated. Supp. No. 32 1254.1 WINTER SPRINGS CODE (b) Each customer of reclaimed water shall, by application, give prior written consent to entry upon his premises, and thereby waives any other written notice for such inspection. Failure of the city to obtain such a written waiver shall not affect the right of the city to proceed pursu- ant to subsection (a) of this section. (c) Refusing to permit an authorized city agent or employee to enter onto the premises for the purpose of inspecting the customer's reclaimed water system pursuant to this section shall constitute a violation of this section and shall be grounds for immediate discontinuance of the reclaimed water service by the city to the subject premises. (Ord. No. 443, § 1(5), 1-M9) Secs. 19-141-19-145. Reserved. ARTICLE IV POTABLE WATER SiJPPT,Y DIVISION 1. GENERALLY Secs. 19-146-19-149. Reserved. DIVISION 2. CROSS -CONNECTION CONTROL, BACKFLOW PREVENTION* Sec. 19-150. Intent. The enactment of this division is necessary in accordance with Section 17-555.360(1), (2), and (3), Florida Administrative Code which provides in part "Community Water Systems" shall establish a routine cross -connection control program for the purpose of detecting and prevent- ing cross -connections that create or have the potential to create an imminent and substantial danger to public health. Such program shall be developed using accepted practices of the *Editor's note —Ord. No. 493, § 1, adopted July 23, 1990, enacted provisions designated Div. 1, §F 19-150-19- 156. Such provisions have been redesignated as Div. 2 for purposes of classification. However, § 19-150, intent, was omitted from codification. State law reference —Requirement to enact cross - connection control program, Fl. Adm. Code, § 17-555.360(1)— (3). American Water Works Association guidelines as set forth in the A.WWA, manuals M14, "Back - flow Prevention Supp. No. 32 1254.2 ZONING ARTICLE I. IN GENERAL Sec. 20-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory. The term applied to a building or use which is clearly incidental or subordinate to and customary in connection with the principal building or use and which is located on the same lot or parcel with such principal building or use. Accessory building. A building which is clearly incidental or subordinate in area, extent or purpose to a principal building or principal use located on the same lot and which contributes to the comfort, convenience, or necessity of the occupants of the principal structure or principal use served. Accessory buildings may include a detached garage, shed, gazebo, storage building, cabana or bathhouse (used in conjunction with a swimming pool), or similar use. Accessory dwelling unit (ADU). An ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a separate egress/ingress independent from the principal dwelling, and which provides complete independent living facilities for one (1) or more persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. The VDU is located on the same parcel as the principal dwelling and shall be subject to the required setbacks of the principal structure. The ADU may be either attached to or detached from the principal dwelling. (Also see section 6-85. Acces- sory Dwelling Units). Alley. A public way not more than thirty (30) feet in width, which affords only a secondary access to the property abutting thereon. Apartment hotel. A building designed for containing both apartments and individual gue- strooms or suites which may offer such services as are ordinarily furnished by hotels. Tenants may be permanent or seasonal but not transient. Apartment house. See "Dwelling, multiple." Basement. A basement shall mean a portion of a building located partly underground, but having less than half its clear floor to ceiling height below the average grade of the adjoining ground. A basement shall be counted as a story if subdivided and used for dwelling or business purposes. Boardinghouse or lodginghouse. A dwelling having one (1) kitchen and used for the purpose of providing meals or lodging or both for compensa- tion to persons other than members of the family occupying such dwelling. Breezeway. A covered passageway which con- nects a principal structure and a proposed addi- tion. No breezeway may exceed thirty five (35) feet in length. Building. Any permanent structures designed or built for the support, shelter or protection of persons, animals, chattels or property of any kind. Building, height of. The vertical distance from the grade to the highest point of the coping of a flat roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Where no grade level has been established, the height of the building may be measured from the mean elevation of the finished lot grade at the front of the building. Cellar. A cellar shall mean that portion of a building located partly or wholly underground anI having more than half its clear floor -to - ceiling height below the average grade of the adjoining ground. Clinic. A clinic shall mean an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) person or a group of persons practicing any form of healing or health building services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any such profession, the practice of which is lawful in the state. Club. Buildings and facilities owned and oper- ated by a corporation or association of persons Supp. No. 32 1311 WINTER SPRINGS CODE for social or recreational purposes, but not oper- ated primarily for profit or to render a service which is customarily carried on as a business. Cottage food operations. "Cottage food opera- tion" means a natural person who produces or packages cottage food products at his or her residence and sells such products in accordance with section 500.80, Florida Statutes. Cottage food products. "Cottage food product" means food that is not a potentially hazardous food (as defined by rules of the Department of Agriculture and Consumer Services) which is sold by a cottage food operation in accordance with section 500.80, Florida Statutes. Decibel. A decibel is a unit of measurement of th --vi 0ui.itlU. �.JU U11U 1CVel meters which are employed to measure intensity of sound are calibrated in decibels. Dormitories. A room, apartment or building containing sleeping accommodations, which facil- ity is operated for the use of students enrolled in the sponsoring educational institution. Dwelling. A building or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy but not including motels, lodginghouses or hotels. Dwelling, one -family. A building designed for or occupied exclusively by one (1) family, except that an ancillary accessory dwelling unit may be attached to the principal dwelling unit in certain restricted situations as prescribed by code. Dwelling, two-family. A building designed for or occupied exclusively by two (2) families. Dwelling, multiple. A building designed for or occupied exclusively by three (3) or more families. Family. An individual or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons living together as a single housekeeping unit in a dwelling, who need not be related by blood or marriage. Filling station. See service station. Fleet. A group of vehicles contained in one area for the purpose of dispatch for service or other work related to the entity; however, governmental vehicles are exempted. Governmental vehicles include police, fire, rescue, and other governmental vehicles which serve a vital public safety, health, or welfare purpose as determined by the city. Garage apartment. See "accessory dwelling unit." Garage, pr•ivate. An accessory building or a portion of the principal building used for the storage of automobiles of the occupants of the building. A carport is a private garage. Garage, public. A building or portion thereof, other than a private garage or storage garage, designed or used for the sale, storage, servicing, repairing, equipping and hiring of motor -driven v ciiicles. Garage, storage. A building or portion thereof designed or used exclusively for the storage or parking of automobiles. Services, other than storage at such storage garage, shall be limited to refueling, lubrication, washing, waxing and polishing. Guest cottage. See "accessory dwelling unit." Guest (tourist) homes. A private dwelling in which transient sleeping accommodations are provided for compensation; especially for motor u torists or travelers. Home occupation or home office. An operation for commercial or pecuniary gain conducted entirely within a dwelling unit, or in a permitted accessory building, which is incidental and subordinate to the use of the dwelling for residential purposes and which does not change the residential character thereof. Home occupa- tions and home offices are subject to section 20452 of this Code. Hotel. A building or other structure kept, used, maintained and advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay, catering primarily to transient guests, in which ten (10) or more rooms are furnished for the accommoda- tion of guests, and having or not having one (1) or more dining rooms, restaurants or cafes where meals are served to transients or other guests; such sleeping accommodations and dining rooms, Supp. No. 32 1312 ZONING restaurants or cafes, if existing, being conducted in the same building or accessory buildings in connection therewith. Junkyards. An establishment or place of busi- ness which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automotive graveyard, and the term shall include garbage dumps and sanitary landfills. For purposes of this definition, an automotive graveyard shall mean an establishment or place of business which is maintained, used, or operated for stor- ing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. The term junkyard shall not include a recycling facility which satisfies the require- ments of section 20-259(10) of the City Code. Laundry, sel f-service. A business that provides home -type washing, drying and/or ironing machines for hire to be used by customers on the premises. Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including a principal building together with its accessory buildings, the yard areas and parking spaces required by this chapter and having its principal frontage upon a publicly owned street and publicly maintained streets or upon an approved place. Lot of record. A lot which is subdivided in accordance with the subdivision regulations contained in chapter 9 of the City Code which has been recorded in the office of the clerk of the county circuit court; or a parcel of land, on or before the effective date of the ordinance from which this chapter was derived. Lot, corner. A lot abutting upon two (2) streets at their intersection. Lot, depth. The depth of a lot is the distance measured in a mean direction of the sidelines of the lot from the middle point of the front lot line to the midpoint of the opposite rear line of the lot. Lot frontage. The horizontal distance measured aIong the narrow width of a lot abutting a street right-of-way. Lot, interior. A lot other than a corner lot. Lot, reserved corner. A corner lot, the street side lot line of which is substantially the continu- ation of the front lot line of the first lot to its rear. Lot, through. An interior lot having frontage on two (2) parallel or approximately parallel streets. Lot, width. The mean horizontal distance between the side lot lines, measured at right angles to the depth. Medical marijuana treatment center dispens- ing facility. A facility of a medical marijuana treatment center, as that term is defined in Sec. 29, Art. X of the Florida State Constitution, which dispenses marijuana, products containing marijuana, related supplies or educational materi- als to qualifying patients or their personal caregiv- ers, as defined in Sec. 29, Art. X of the Florida State Constitution and F.S. § 381.986, but shall not include facilities growing, cultivating or processing marijuana or derivative products. Motel. A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities adjacent to each unit and having individual unit entrances en oping to the outside. The term "motel" includes buildings designated as auto courts, tourist courts, motor lodges and similar appellations. Multi -tenant development. Shopping centers and other uses so determined by the city. Nonconforming use. The use of a building, or portion thereof, or land, or portion thereof, which use does not conform with the use regulations of the district in which it is located. Noxious matter. Material which is capable of causing injury to living organisms by mechanical or chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of individuals. Nursing (convalescent) home. A home of aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept or provided with food Supp. No. 32 1313 WINTER SPRINGS CODE and/or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Octave band. An octave an is a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch. Octave band filter: An octave band filter is an electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals. Particulate matter. Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or a solid at atmospheric Performance standard. A criteria established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards and g art: ter heat, gwierated by or` ill iereiA ill uses of land or buildings. Principal building. The building or structure of chief importance or function on a parcel or lot. In general, the primary use of the lot is carried out in the principal building. Professional offices. Professional offices shall include those vocations in which professed attain- ments in special knowledge are practiced, as distinguished from mere skills, and shall be limited to those professions so classified by the laws of the state or determined by decisions of the state supreme court, and which are conducted as professions and not as a trade or other business. Professional offices do not include offices for the treatment of animals on the premises. Ringelmann Chart and number. A chart described in the United States Bureau of Mines Information Circular 6888, and of which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke. A Ringelmann number is the number of the area in the Ringelmann Chart that coincides most nearly with the visual density of emission. Self-service storage facilities. Afully-enclosed establishment containing separate storage spaces, stalls or lockers with privately -controlled access points that are leased or rented to customers as individual units for storage space of the customer's goods, wares or personal property. The term is synonymous with mini -warehouses, mini -stor- age, self -storage facilities, and self -storage warehouses. Service station. Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories and in connection with which is performed general automotive servicing as distinguished from automotive repairs. Smoke units. Smoke units represent the number obtained by multiplying the smoke density in i rilgeiillcum rruriibers by tie Cline of emission In minutes. Sound level meter. An instrument standard- ized by the American Standards Association for measurements of the intensity of sound. Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, then the space between such floor and the ceiling next above it. Street. A public or private thoroughfare which affords the principal means of access to abutting property. This includes land, place, way or other means of ingress or egress regardless of the term used to describe it. Street right -of --way. The dividing line between a lot, tract or parcel of land and a contiguous street. Structure. Any thing constructed, erected or placed, the use of which requires more or less permanent location on the ground and shall include tents, lunch wagons, dining cars, camp cars or other structures on wheels or other supports and used or intended for business or living quarters. Structural alterations. Any substantial change, except foi• repair or replacement in supporting members of a building such as bearing walls, columns, beams or girders, floor joists or roof sts. Supp. No. 32 1314 ZONING Subdivision. For the purpose of these regula- tions, a subdivision of land is either: (1) The platted division of land comprising one (1) acre or more in area, into lots, sites or parcels; (2) Establishment or dedication of a road, highway, street or alley through a tract of land by the owner thereof, regardless of area; or (3) The resubdivision of land of one (1) acre or more in area heretofore divided or platted into lots, sites or parcels. Swimming pool. Any constructed pool used for swimming or bathing over twenty-four (24) inches in depth or with a surface area exceeding two hundred fifty (250) square feet. Toxic materials. Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. Trailer. Any so-called house trailer and other similar objects, which are designed for use as a place of abode, by one (1) or more persons, both temporary and permanent, irrespective of whether they are used actually for such purposes. Trailer• park. A duly licensed camp, park or other area established to carry on the business of parking or otherwise servicing trailers. Use, principal. The main use of land or build- ings as distinguished from a subordinate or accessory use. Yard. An open space at grade between a building and adjoining lot line, unoccupied and unobstructed by a portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building shall be used. Yard, front. A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the principal building or any projections of uncovered steps, uncovered balconies or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its dimension. Yard, rear. A yard extending across the rear of a lot between the sidelines of lots and being the minimum horizontal distance between the rear of the principal building or any projections thereof other than the projection of uncovered steps, balconies or porches. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard. Yard, side. A yard between the principal build- ing and the sideline of a lot and extending from the front lot line to the rear yard and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereto. (Ord. No. 44, § 44.24, 1-8-68; Ord. No. 675, 12-8-97; Ord. No. 2005-09, Ord. No. 2005-09, § 2, 3-28-05; Ord. No. 2005-23, § 3, 9-12-05; Ord. No. 2010-03, § 2, 4-1240; Ord. No. 2010-08, § 5, 10-2540; Ord. No. 2011-08, § 2, 10-1041; Ord. No. 2016-05, § 2, 2-22-16; Ord. No. 2018-01, § 2, 3-12-18, Ord. No. 202241, § 2, 1-23-23; Ord. No. 2024-08, § 2, 8-26-24) Cross reference —Definitions and rules of construction generally, § 1-2. Sec. 20-2. Basis for regulations and requirements herein set forth. The regulations and requirements herein set forth have been made in accordance with a comprehensive plan, with reasonable consideration, among other things, to the prevail- ing land uses, growth characteristics and the character of the respective districts and their peculiar suitability for particular uses and to encourage the most appropriate use of land throughout the city. (Ord. No. 44, § 44.01, 1-8-68) Sec. 20-3. Purpose. In their interpretation and application, the provisions of this chapter shall be the minimum requirements to promote the public health, morals, safety and general welfare; to conserve the tax- able value of land and buildings and to protect the character and maintain the stability of Supp. No. 32 WINTER SPRINGS CODE residential, business and industrial areas within the city and to promote the orderly and beneficial development of such areas. Among other purposes, such provisions are intended to provide adequate light, air, privacy and convenience of access to property, to avoid undue concentration of popula- tion by regulating and limiting the height and bulk of buildings; the size and open spaces surrounding buildings; to establish building lines; to divide the city into districts restricting and regulating therein the construction, reconstruc- tion, alteration and use of buildings, structures and land for residence, business, industrial and other specified uses; to limit congestion in the public streets by providing off-street parking of motor vehicles; and to define the powers of the administrative officers of the planning and zoning "U"I d ds PI U V IUU 11e10eiu. (Ord. No. 44, § 44.02, 1-8-68) Sec. 20-4. Scope. This chapter is not intended to repeal, change, abrogate, annul or in any way impair or interfere with the provisions of other laws or ordinances existing on the effective date of the ordinance from which this section was derived, except those specifically repealed or any private restric- tions placed on property by covenant, deed or other private agreement. Where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings or lot coverage, or require greater lot areas, larger yards or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control. (Ord. No. 44, § 44.03, 1-8-68) Sec. 20-5. Interpretation, purpose and conflict. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this chapter to interfere with, abrogate or annul any lawful easements, covenants, or other agreements between parties; provided, however, that where Supp, No. 32 1316 this chapter imposes a greater restriction upon the use of buildings or premises or upon the heights of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by lawful ease- ments, covenants or agreements, the provisions of this chapter shall control. (Ord. No. 44, § 44.88, 1-8-68) Sec. 20-6. Penalty. Any person violating or failing to comply with the terms and provisions specified herein upon conviction and at the discretion of the court may be fined, imprisoned or both as deemed appropri- ate by the court. Each day that a violation is permitted to exist shall constitute a separate r� i 110 ;. (Ord. No. 44, § 44.87, 1-8-68; Ord. No. 367, § 2, 5-11-87) ARTICLE II. ADMINISTRATION DIVISION 1. PROCEDURE; LAND USE DECISIONS Sec. 20-26. Intent and purpose. The intent and purpose of this division is to set forth the uniform procedure for applying for site plans, variances, conditional uses, rezon- ings, waivers, limited administrative waivers, and administrative appeals as set forth in the City Code. (Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2019-09, § 2, 6-10-19) Sec. 20-27. City commission; authority. (a) Unless otherwise provided in this chapter, the city commission shall render all final deci- sions regarding site plans, rezonings, variances, conditional uses, waivers, certain limited administrative waivers, and administrative appeals provided for in this chapter. The city commission may impose reasonable conditions on any approved site plan, rezoning, variance, conditional use, waiver, limited administrative ZONING waiver or administrative appeal to the extent deemed necessary and relevant to ensure compli- ance with applicable criteria and other applicable provisions of the City Code and comprehensive pIan. All formal decisions shall be based on competent substantial evidence and the applicable criteria set forth in this chapter. The city com- mission may adopt, by resolution or ordinance, quasi judicial rules and procedures to imple- ment this article. (b) For applications having one (1) or more complex relevant and material evidentiary issues or multiple interested parties withstanding to present relevant and material evidence, the city commission at its discretion may appoint, or direct the city manager to appoint, an advisory hearing officer to conduct an evidentiary hearing required by this section on a case -by -case basis. The advisory hearing officer shall be a member of the Florida Bar in good standing for five (5) or more years. The hearing officer must demonstrate satisfactory knowledge of municipal land use and zoning law and general procedures for quasi- judicial land use matters. Hearings conducted pursuant to this subsection shall be noticed as required by this division and the hearing officer shall generally conduct the hearing in accordance with applicable provisions of the city commis- sion's quasi-judicial procedures. The advisory hearing officer shall within a reasonable time, not to exceed thirty (30) days from the date the hearing is closed, submit in writing a report to the city commission. Such report shall sum- marize the evidence submitted and considered and state precisely the hearing officer's findings, conclusions and recommendations. The report shall be a public record and shall be provided by mail and email to the applicant and any interested party. The city commission shall consider the hearing officer's report at a public hearing. At the hearing, the applicant, interested parties and the public shall be permitted to comment on the findings, conclusions and recommendations contained in the report. The city commission shall also take such additional relevant and material testimony at the public hearing as deemed necessary by the city commission to complete the hearing on the subject application, or the city commission may refer the application back to the hearing officer to take additional relevant and material evidence if necessary. The city commission may adopt or reject, in whole or in part, the hearing officer's proposed findings, conclusions and recommendations. The city com- mission's decision on the application shall be deemed final. (Ord. No. 44, § 44.15, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2019-09, § 2, 6-10-19) Sec. 20-28. Due process; special notice requirements. (a) All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. (b) Within five (5) business days of filing with the city or as soon as practicable, applications filed under this division shall be publicly posted on the city's website on a web page reserved for identifying pending land use applications. (c) In addition to any notice requirements provided by state law, all public hearings under this division shall be publicly noticed for at least seven (7) calendar days prior to any required planning and zoning board hearing and at least twenty (20) calendar days prior to any required city commission hearing unless otherwise provided by subsections (e) and (f). Said notice shall include the address of the subject property, matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: (1) Posting the affected property on a sign form provided by the city. (2) Posting at City Hall. (3) Except where otherwise specified in the Code of Ordinances, notifying by U.S. mail, all owners of real property adjacent to and within approximately five hundred (500) feet of the subject property based on the information contained in the property appraiser's or similar property database. In addition, all neighborhood homeowner's associations registered with Supp. Mn 32 1317 WINTER SPRINGS CODE the city and located within one -half -mile of the property shall likewise be provided notice by U.S. mail. Said mailing shall only be required for the initial public hearing and shall not be required for hearings that are continued to a date certain by the planning and zoning board or city commission. (4) Posting on the city's website and social media platform. The notice requirements set forth in subsec- tions (1), (2), (3), and (4) above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this divi- sion. (d) All public hearings under this division at which the city commission will render a final decision regarding site plans, rezonings, vari- ances, conditional uses, waivers, certain limited administrative waivers, and administrative appeals shall be scheduled a minimum of fourteen (14) calendar days following the planning and zoning board's public hearing on the application, except in circumstances where the city commis- sion determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time and considers an application without the plan- ning and zoning board's recommendation. (e) Public hearings initially noticed as required by this section and then continued by the plan- ning and zoning board or city commission may be continued to a date certain without compliance with the minimum seven (7) and twenty (20) calendar day requirement. (f) Applications regarding an existing single- family home shall be publicly noticed for at least seven (7) calendar days prior to any required planning and zoning board or city commission hearing, and shall not require posting of the affected property. (Ord. No. 44, § 44.16, 1-8-68; Ord. No. 156, § 2, 942-77; Ord. No. 214, §§ 1, 2, 5-13-80; Ord. No. 231, § 1, 2-24-81; Ord, No. 2004-49, § 2, 12-13- 04; Ord. No. 2019-09, § 2, 640-19; Ord, No. 2021-02, § 2, 442-21; Ord, No. 2024-08, § 2, 8-26-24) Sec. 20-28.1. Conceptual plan review — Non -binding and binding by development agreement. Applicants may, at their option and sole cost and risk, submit site layout and building eleva- tion designs in schematic or sketch form to the city commission for a non -binding and preliminary review as an initial courtesy to the applicant. These submittals are subject to a more formal application process which requires the submis- sion of more detailed plans and specifications and requires a more detailed review and final consideration of approval by the city commis- sion. Comments and statements made by city officials at the preliminary review are non- binding unless memorialized in a written agree- �el.i� "vPLuvuu uy Lau clay cunnnission. Guy suatt and the applicant shall only seek feedback from the commission and city staff shall not make a formal recommendation regarding the proposed project at this time; unless the mpplication is accompanied by a written development agree- ment being proposed by city staff for the commis- sion's approval or during the preliminary review, a development agreement is pursued by the city commission and the applicant. In which case, the city staff shall make a recommendation regarding the application and proposed agree- ment. This non -binding and preliminary review shall not be relied upon by the applicant as a final decision and shall not be construed in any manner as creating any vested right or entitle- ment for the development of the subject property. By requesting and participating in the optional preliminary review process, the applicant shall be deemed to have read and agreed to this code provision and to hold the city and its officials harmless for any future actions they may have taken based on the results of a preliminary review pursuant to this section. (Ord. No. 2019-09, § 2, 6-10-19) Sec. 20-28.2. Pre -application meeting. A prospective applicant, who desires to submit an application for a development project which will require a community workshop under sec- tion 20-29.1, shall be required to schedule and attend a pre -application meeting with the com- munity development department in order to Supp. No. 32 1318 ZONING § 20-29 discuss the application process and the proposed (5) The legal description of the particular project. For all other projects, it is recommended real property, accompanied by a certified that applicants meet with the community develop- survey or that portion of the map anent department prior to submitting an applica- maintained by the Seminole County tion. No person may rely upon any comment Property Appraiser reflecting the boundar- made by any participant at the pre -application ies of the particular real property. conference as a representation or implication (6) The current and future land use and the that the application will be ultimately approved zoning designations on the real property. or rejected in any form. (Ord. No. 2019-09, § 2, 6-10-19) (7) For all new commercial development, new residential subdivisions of ten (10) Sec. 20=29. Applications. or more lots, new multi -family residential (a) The city manager or the city manager's i development, conditional uses, waver, variance, existing commercial buildings designee is hereby authorized to prepare applica- tions in furtherance of this division. At a being altered by fifty (50) percent or minimum, applications for conceptual plan review greater of the original floor area or seat - shall require payment of an applicable applica- tion ing capacity and requiring a modified tion fee adopted by the city commission. Applica- site plan, or development agreements tions for non -binding conceptual plan review processed under section 20-28.1 of the City Code, or as otherwise deemed shall contain the information required by subset- applicable by the city to relevantly and tions (1) through (6), site layout and building competently examine an application for elevation designs in schematic or sketch form, compliance with the City Code and the and such other preliminary information deemed effect and impact the proposed use will necessary by the applicant or city staff to describe have on neighborhood and surrounding the development concept and the potential on- properties, applicants shall be required and off -site impacts of the proposed develop- to submit with the application the follow- ment. Additionally, all applications for site plans, ing information except as provided by rezonings, variances, conditional uses, waivers, subsection (11): and binding development agreements including binding conceptual plan approval, shall be a. A current up-to-date tree survey accompanied by the applicable application fee and tree preservation and landscape adopted by the city commission and shall contain plan; the following information which shall be b. A site plan, drawn to scale, which considered by the city when evaluating the shall indicate: applicable review criteria: 1. Building elevations illustrat- (1) A general description of the relief sought ing all side of structures, floor under this division. plans, locations and orienta- (2) A brief explanation, with applicable sup- tions, and landscape areas; porting competent substantial evidence 2. Ingress and egress, emergency and documents, as to why the application access, parking locations and satisfies the relevant criteria set forth in number of spaces, sidewalks this division. and pedestrian and vehicle (3) The name(s) of the owner(s) of the circulation within the site; particular real property. 3. If applicable, stacking/queuing (4) If the applicant is other than all of the of vehicles, drop off zones, owners of the particular property, writ- truck/de livery areas, bike rack ten consent signed by all owners of the locations, and connections to particular real property shall be attached. adjacent properties; Supp. No. 32 1319 WINTER SPRINGS CODE 4. Paved surfaces, materials and location(s); 5. Site location diagram and legal description; 6. Signage; 7. Wetland and floodplain boundaries; 8. Screening, buffering and light- ing plans; and 9. Such other relevant informa- tion regarding the proposed site. c. A parking analysis, prepared by a duly qualified expert, justifying the proposed parking solution; d. An economic fiscal impact report, prepared by a duly qualified expert, in compliance with the require- ments set forth in the city's comprehensive plan and Code, if applicable and required by the city; e. A traffic study and analysis, prepared by a duly qualified expert, regard- ing both the estimated impact of the proposed project on the neighbor- hood and surrounding properties and the established level of service on affected roads; f. A stormwater management plan; g. A noise study to analyze current and proposed noise levels as well as methods of sound attenuation, if applicable and required by the city. (8) If a residential development is proposed, a school concurrency letter from the school district, if applicable, and the proximity and transportation routes of the proposed development to the elementary, middle and high schools assigned by the school district. (9) If the proposed development has the potential to discharge noxious odors or pollutants, an odor or pollution study, prepared by a duly qualified expert, regarding the proposed project's estimated odor or pollutant impact on the neighbor- hood, surrounding properties and the environment. (10) Other reasonable supporting documents to indicate intentions and/or any other items reasonably required by the city to determine whether or not the proposed development is in compliance with the city's comprehensive plan and Code. (11) The application requirements set forth in subsection (7) shall only apply to existing single-family homes, conditional uses, waivers, variances, and new multi -family residential development of ten (10) units or less if the city determines that such information is necessary for the city to relevantly and competently evaluate an application for compliance with the City Code and the effect and impact the proposed application will have on neighborhood and surrounding proper- ties using applicable review criteria. (12) Application requirements for administra- tive appeals are governed by section 20-35 of the City Code. (b) Incomplete applications will not be processed and presented to the planning and zoning board and city commission, or if inadvertently presented to said board and city commission, the board and city commission may require the applicant to complete the application if deemed necessary before proceeding with final review of the application. Applicants will be provided written notice of incomplete applica- tions and be afforded a reasonable opportunity to sufficiently complete an application before an incomplete application is deemed rejected and returned by the city staff. If an application is deemed incomplete and the applicant fails to complete it within ninety (90) days of written notice from the city, the city shall have the right, by providing written notice to the applicant, to deem the application withdrawn by the applicant. Extensions of time may be granted by the city for good cause shown. Applications deemed withdrawn shall not be processed and the applica- Sapp. No. 32 1320 tion fee shall be deemed forfeited. Withdrawn applications may be refiled in complete form and payment of the applicable application fee. (c) All site plans, rezonings, variances, conditional uses, waivers, limited administrative waivers, and appeals approved herein shall be binding on the use of the property. As a condition of approval by the city commission, all develop- ment projects requiring a community workshop pursuant to section 20-29.1 of the City Code, shall be required to be memorialized in a binding development agreement which shall be executed by the city and property owner. If the applicant is a developer, the developer shall be required to execute the binding development agreement subject to closing and acquiring the property. The agreement shall be recorded against the property so that the terms and conditions of approval related to the development project or conditional use shall run with the land. (Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2019-09, § 2, 6-1049; Ord, No. 2024-08, § 2) 8-26-24) Sec. 20-29.1. Community workshop requirements. (a) For all new commercial development, new residential subdivisions of ten (10) or more lots, conditional uses (except for accessory dwelling units), existing commercial buildings being altered by fifty (50) percent or greater of the original floor area or seating capacity and requiring a modified site plan, or development agreements processed under section 20-28.1 of the City Code, the applicant shall be responsible for conducting a community workshop to inform neighboring property owners of the proposed application and answer questions relevant to the proposed applica- tion. At a minimum, preliminary demonstrative concept plans, development schedules, and specifications of the proposed development project such as land uses, size and height of buildings, intensity and density, new roads, and other primary features and amenities shall be presented to the public. The workshop shall be held in a location identified by the applicant and approved by the city, which shall be generally near the subject property, and shall be held in a facility that is ADA compliant. At the applicant's expenses, the city shall provide notification by mail to all owners of property located within five hundred (500) feet of the subject property and to all neighborhood homeowner's associations registered with the city and located within one- half -mile of the property. The city shall mail these notices with proper postage at least twenty (20) calendar days before the workshop date. The city shall also publish notice on the city's website and social media platform at least twenty (20) calendar days before the date of the workshop. The community workshop shall take place at least thirty (30) days prior to the application being presented to the planning and zoning board for review. (b) The workshop date and time shall be scheduled in coordination with the city and shall staA between 6:00 p.m. and 8:00 p.m. on a weekday or with the approval of the city manager or designee between 9:00 a.m. and 5:00 p.m. on a weekend. All required workshops shall be held after the submittal of the application warranting the community workshop but at least thirty (30) days prior to the application being presented to the planning and zoning board for review, Applica- tions for a non -binding and preliminary review, without a development agreement, under section 20-28.1 shall not require a workshop. The applicant shall be required to schedule an additional workshop if the applicant's initially proposed plans have substantially and materi- ally changed from the initial workshop or the city commission determines that an additional workshop is required before making a final decision on any related application. (Ord. No. 2019-09, § 2, 6-10-19; Ord. No. 2024- 08, § % 8-26-24) Sec. 20-30. Staff review (a) The city staff shall be required to review all applications for site plans, rezonings, vari- ances, conditional uses, waivers, and administra- tive appeals, and make written recommendations to the planning and zoning board and the city commission as may be required in this article. Staff recommendations shall include at a minimum the following relevant information: (1) Background data about the subject property including, but not limited to, Supp. No. 30 1321 WINTER SPRINGS CODE current future and use and zoning designations, previous applicable develop- ment agreements, binding land covenants, parcel size and dimensions, development constraints such as wetlands and conservation areas and easements, and a map and aerial of the subject and sur- rounding property; (2) Information regarding adjacent and sur- rounding land uses; (3) Information regarding the applicant and proposed application request; (4) Citation and summary of applicable law such as city comprehensive plan policies, City Code. nroxmvinnR and Qf n+n anr7 fnrin l laws; (5) Procedural history of the proposed applica- tion and project including application subs AL' al dates, legal advertisements, other related pending applications, previ- ous city commission approvals, com- munity workshop meetings, and planning and zoning board recommendations; (6) Summary of relevant review criteria regarding the application; (7) The applicants written analysis and response to the review criteria; (8) City staffs written analysis and response to the review criteria; and (9) Other competent substantial evidence deemed necessary by city staff to analyze the application for compliance with law. (b) Upon completion of the written recom- mendation, city staff shall forward the applica- tion along with the recommendation, to the planning and zoning board as required by this division, for a duly noticed public hearing and recommendation before the city commission considers the application. (Ord. No. 200449, § 2, 1243-04; Ord. No. 2010-09, § 2, 4-26-10; Ord, No. 2019-09, § 2, 6-1049) Supp. No. 32 1322 Sec. 20-31. Rezonings. (a) Any real property owner may file a rezon- ing application requesting a change in zoning designation for their real property. (b) The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the plan- l..g aliu zoiiiiig uuard has not made a recom- mendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recomm�r r? ,tion. (d) All rezoning applications shall be reviewed for compliance with the following standards: (1) The proposed rezoning change is in compli- ance with all procedural requirements established by the City Code and law; (2) The proposed rezoning change is consistent with the goals, policies and objectives of the city's comprehensive plan including, but not limited to, the future land use map and the proposed change would not have an adverse effect on the city's implementation of the goals, policies and objectives of the comprehensive plan; (3) The proposed rezoning change is consistent with any master plan applicable to the property; (4) The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan; (5) The proposed rezoning change would not create a spot zone prohibited by law; (6) The proposed rezoning change would not materially alter the population density ZONING pattern in a manner that would overtax (15) Applications in the town center to rezone the load on public facilities and services to a transect zone shall meet the follow - such as schools, utilities, streets, and ing additional criteria.0 other municipal services and a. The proposed t-zone shall provide a infrastructure; logical extension of an existing zone, (7) The proposed rezoning would not result or an adequate transition between in existing zoning district boundaries zones. that are illogically drawn in relation to b. The area shall have had a change in existing conditions on the property and growth and development pattern to the surrounding area and the land use warrant a rezoning to a more or less pattern established by the city's urban t-zone. comprehensive plan; c. The request shall be consistent with (8) Changed or changing conditions make the overall city vision for growth the proposed rezoning necessary for the and development as expressed in city to serve the population and economic the city's comprehensive plan or applicable master plan. activities; (16) Speculative rezoning of land is very (9) The proposed rezoning change will not disfavored by the city. In conjunction seriously reduce light or air to adjacent with a rezoning application, the applicant areas; shall be required to fully disclose any (10) Should the city be presented with proposed new development project that competent substantial evidence indicat- will be pursued by the applicant if the ing that property values will be adversely proposed rezoning request is approved, affected by the proposed rezoning, the and all applicable application informa- applicant must demonstrate that the tion shall be submitted for the proposed proposed rezoning change will not new development project. The proposed adversely affect property values in the development project shall be deemed to surrounding area; have been relied on by City in reaching its decision concerning the proposed (11) The proposed rezoning will not be a change of zoning. Said site plan or concept substantial detriment to the future plan shall be deemed to be binding on the improvement or development of vacant subject property affected by the rezoning adjacent and surrounding property; and site plan or concept plan, and any change of zoning shall be deemed to be (12) The proposed rezoning will not constitute granted in reliance on said site plan or a grant of special privilege to an individual concept plan, even though said site plan owner as contrasted with the public or concept plan imposes greater or stricter welfare and legitimate government standards on said property than does interests; other provisions of the City Code for the (13) The proposed rezoning change and allowed other lots, tracts, or parcels of land in uses, intensity and density are compat- like land use classifications. Such greater ible with and not out of scale or incompat- or stricter standards shall be deemed ible with the surrounding existing appropriate when unique or peculiar site development and needs of the neighbor- and locational characteristics are evident hood or the city; and shall be deemed to exist when such site plan or concept plan is relied upon by (14) The proposed rezoning does not violate the planning and zoning board and the any applicable land use regulations city commission. The proposed new adopted by the city. development project shall be evaluated Supp. No. 32 1322.1 WINTER SPRINGS CODE in accordance with the review criteria set forth in this subsection and the applicable review criteria for conditional uses set forth in section 20-33. Mitigative techniques and plans required to support any change of zoning may be addressed pursuant to the restricted rezoning provi- sions set forth in subsection (e) and a binding development agreement. (17) If the proposed rezoning will allow residential uses or increase the possible density of residential uses, the proposed rezoning shall not potentially cause nega- tive impacts on school capacity (K-12), school overcrowding (K-12), accessibil- ity and convenience (e.g., walking distance, travel time_ private anti nnblic trangnnrta- tion, and quality of route environment) to the majority of the K-12 school popula- tion projected for the property and that will be drawn from any proposed residential project, and the integration of future residents of any proposed residential project into the existing city of Winter Springs community in a sustain- able manner. (18) Whether the applicant has agreed to execute a binding development agree- ment required by city to incorporate the terms and conditions of approval deemed necessary by the city commission includ- ing, but not limited to, any mitigative techniques and plans required by City Code. (e) In approving a change in the zoning clas- sification on a lot or parcel of land, at the request of or with the concurrence of the owner of said lot or parcel, the city commission may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owner or subject property that would otherwise be denied by the city's land develop- ment regulations in the same zoning district. Such restrictions may include one or more of the following: (2) Density restrictions greater than those otherwise specified for the particular district; (3) Setbacks greater than those otherwise specified for the particular district, includ- ing setbacks from lakes and major arte- rial roadways; (4) Height limits more restrictive than otherwise permitted in the district; (5) Minimum lot areas or minimum widths greater than otherwise specified for the particular district; (6) oor area greater than otherwise specified for structures in the particular district; ('7) Open space requirements greater than otherwise required for property in the particular district; Minimum fl (8) Parking, loading driveway or traffic requirements more restrictive than otherwise required for the particular district; (9) Fencing or screening requirements greater than otherwise required for the particular district; (10) Restrictions on any other matters which the city commission is authorized to regulate. Upon approval of such restrictive rezonings, the planning division shall enter a reference to the restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restric- tions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the subject property in accordance with the procedures prescribed herein. (Ord. No. 2004-49, § 2, 12-13-04; Ord, No. 2019-0% § 2, 6-1049) Sec. 20-32. Variances. (1) Use restrictions greater than those (a) Any real property owner may file a otherwise specified for that particular ante application requesting variance from this district; chapter for their real property. Variances may be Supp. No. 32 1322.2 ZONING § 20-32 approved only for height, width, length or area of applicant of rights commonly enjoyed by structures; size of lots; size of yard setbacks; other properties in the same zoning driveway widths; building design standards district under the terms of this chapter (dimensional standards only); landscaping area and other applicable building and land requirements for vehicular use areas; landscape development codes of the city. buffer requirements for buffer strip areas; landscape zones; street setbacks; glazing and (4) That the special conditions and window percentages; and minimum first floor circumstances referred to in subsection height. Under no circumstances may a variance (d)(1) of this section do not result from be granted to allow a use not permitted generally the actions of the applicant. or by conditional use permit in the district (5) That approval of the variance requested involved, or any use expressly or by necessary will not confer on the applicant any implication prohibited in the district by the special privilege that is denied by this terms of this chapter or other applicable provi- chapter to other lands, buildings, or sion of the City Code. structures in the same zoning district. (b) The planning and zoning board shall be (6) That the requested variance is the required to review all variance applications and minimum variance from this chapter make a written recommendation to the city necessary to make possible the reason - commission. Such recommendation shall include able use of the land, building or structure. the reasons for the board's recommendation and show the board has considered the applicable (7) That approval of the variance will be in variance criteria set forth in this section. harmony with the general intent and purpose of this chapter, and will not be (c) Upon receipt of the planning and zoning injurious to the neighborhood or otherwise board's recommendation, the city commission detrimental to the public welfare. shall make a final decision on the application. If the city commission determines that the plan- (8) Whether the applicant has agreed to ning and zoning board has not made a recom- execute a binding development agree- mendation on an application within a reasonable ment required by the city to incorporate period of time, the city commission may, at its the terms and conditions of approval discretion, consider an application without the deemed necessary by the city commission planning and zoning board's recommendation* including, but not limited to, any mitiga- (d) All variance recommendations and final tive techniques and plans required by decisions shall be based on an affirmative find- City Code. ing as to each of the following criterion: (e) The following factors shall not be considered (1) That special conditions and circumstances in any variance request: exist which are peculiar to the land, (1) The presence of nonconformities in the structure or building involved and which zoning district or adjoining districts. are not applicable to other lands, build- ings or structures in the same zoning (2) Financial loss or business competition. district. (3) Whether the property was purchased (2) That special conditions and circumstances with the intent to develop or improve the do not result from the actions of the property, whether or not it was known at applicant or applicant's predecessor in the time of purchase that such develop - title. ment would be a violation. (3) That literal interpretation of this chapter (Ord. No. 200449, § 2, 12-13-04; Ord. No. would work an unnecessary and undue 2010-09, § 2, 4-2640; Ord, No. 2019-09, § 2, hardship on the applicant deprive the 640-19) Supp. No. 32 1322.3 WINTER SPRINGS CODE Sec, 20433. Conditional uses. (a) Any real property owner may file a conditional use application requesting a conditional use of their real property providing the conditional use is listed in the applicable zoning district category. (b) The planning and zoning board shall be required to review all conditional use applica- tions and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommenda- tion and show the board has considered the applicable conditional use criteria set forth in this section. (c) Upon receipt of the planning and zoning }lna7•r��c? rnnnmmn .7 n�;..,-. �1-. .. ,"Ly shall make a final decision on the application. If the city commission determines that the plan- ning and zoning board has not made a recom- mendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the conditional use, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emis- sions, parking and traffic -generating characteristics, number of persons anticipated using, residing or working under the conditional use, and other off -site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activi- ties in the immediate vicinity. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. (3) Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. Whthth (4) eer e proposed use will have an adverse impact on the natural environ- ment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. Whththd (5) eer e proposeuse will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (6) Whether the proposed use will have an adverse impact on public services, includ- ing water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transporta- tion, marina and waterways, and bicycle and pedestrian facilities. (7) Whether the traffic report and plan provided by the applicant details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials. (8) Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. (9) Whether the proposed use avoids significant adverse odor, emission, noise, Supp. No. 32 1322.4 ZONING glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. (11) Whether the applicant has provided an acceptable plan for the mass delivery of merchandise for new large footprint build- ings (greater than twenty thousand (20,000) square feet) including the hours of operation for delivery trucks to come into and exit the property and surround- ing neighborhood, if applicable. (12) Whether the applicant has demonstrated that the conditional use and associated site plan have been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. (13) If the proposed conditional use is a residential use, whether the elementary, middle and high schools (K-12) that will be initially assigned to the residential project by the school district at the time the city commission considers final approval of the conditional use have both sufficient capacity, are in close proximity to the project so as to make each of the assigned schools accessible and convenient (e.g., walking distance, travel time, private and public transportation, and quality of route environment) to the majority of the school population that will be drawn from the project, and promote and sup- port the integration of future residents of the project into the existing city of Winter Springs community in a sustainable manner. § 20-33.1 (14) Whether the applicant has agreed to execute a binding development agree- ment required by city to incorporate the terms and conditions of approval deemed necessary by the city commission includ- ing, but not limited to, any mitigative techniques and plans required by City Code. (Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10; Ord, No. 2019-09, § 2, 6-10-19) Sec. 20-33.1. Site and final engineering plans. (a) Site and final engineering plans and the subdivision of land shall also be subject to the technical requirements set forth in chapter 9 of the City Code. It is the intent of this section to appAy to applications for site and final engineer- ing plans and to any subdivision of land requir- ing a plat, if applicable, and does not include review and approval of a lot split application. (b) Except in situations involving one (1) single- family home, the planning and zoning board sha11 be required to review all site and final engineering plan and subdivision of land applica- tions and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommenda- tion and show the board has considered the applicable criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the plan- ning and zoning board has not made a recom- mendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) Except in situations involving one (1) single- family home, all site and final engineering plan and subdivision recommendations and final deci- sions shall be based on whether the site and final engineering plan and subdivision of land complies Supp. No. 32 1322.5 § 20-33.1 WINTER SPRINGS CODE with all the technical requirements set forth in scenic, and cultural resources, including chapter 9 of the City Code and the following views and vistas, and loss or degradation criteria to the extent applicable: of cultural and historic resources. (1) Whether the applicant has demonstrated the site and final engineering plan and subdivision of land, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emis- sions, parking and traffic -generating characteristics, number of persons anticipated using, residing or working under the plan, and other off -site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immedi- ate vicinity. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the site and final engineer- ing plan requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street park- ing, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improve- ments needed to mitigate against potential adverse impacts of the proposed use. (3) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. (4) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegeta- tion, and flood hazards. (5) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on historic, (6) Whether the proposed site and final engineering plan and subdivision of land will have an adverse impact on public services, including water, sewer, storm - water and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. (7) Whether the site and final engineering plan and subdivision of land, and related traffic report and plan provided by the applicant, details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic circiil i tion pattern for the neighborhood, and traffic flow through immediate intersec- tions and arterials. (8) Whether the proposed site and final engineering plan and subdivision of an will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. (9) Whether the proposed site and final engineering plan and subdivision of land avoids significant adverse odor, emis- sion, noise, glare, and vibration impacts on adjacent and surrounding lands regard- ing refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment to be located on the site and final engineering plan and subdivi- sion of land that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. Supp. Mn 32 1322.E ZONING (11) Whether the applicant has provided on period of time, the city commission may, at its the site and final engineering plan and discretion, consider an application without the subdivision of land an acceptable plan planning and zoning board's recommendation. for the mass delivery of merchandise for new large footprint buildings (greater (d) All waiver recommendations and final deci- than twenty thousand (20,000) square sions shall also comply with the following criteria: feet) including the hours of operation for delivery trucks to come into and exit the (1) The applicant clearly demonstrates that property and surrounding neighborhood, the applicable term or condition clearly if applicable. creates an illogical, impossible, impracti- cal, or patently unreasonable result (12) Whether the applicant has demonstrated related to the proposed property and that the site and final engineering plan development. and subdivision of land have been designed to incorporate mitigative (2) The proposed development plan is in techniques and plans needed to prevent substantial compliance with this chapter adverse impacts addressed in the criteria and in compliance with the comprehensive stated herein or to adjacent and surround- plan. ing uses and properties. (13) Whether the applicant has agreed to (3) The proposed development plan will execute a binding development agree- significantly enhance the real property. ment required by city to incorporate the (4) The proposed development plan serves terms and conditions of approval deemed necessary by the city commission includ- the public health, safety, and welfare. ing, but not limited to, any mitigative (5) The waiver will not diminish property techniques and plans required by City values in or alter the essential character Code. (Ord. No. 2019-09, § 2, 6-10-19) of the surrounding neighborhood. Sec. 20-34. Waivers. (6) The waiver granted is the minimum waiver that will eliminate or reduce the (a) Any real property owner may file a waiver illogical, impossible, impractical, or application requesting a waiver for their real patently unreasonable result caused by property from any term and condition of this the applicable term or condition under chapter (except from the list of permitted, this chapter. conditional and prohibited uses set forth in any zoning district category). (7) The proposed development plan is compat- ible and harmonious with the surround- (b) The planning and zoning board shall be ing neighborhood. required to review all waiver applications and make a written recommendation to the city (g) Whether the applicant has agreed to commission. Such recommendation shall include execute a binding development agree - the reasons for the board's recommendation and ment required by city to incorporate the show the board has considered the applicable terms and conditions of approval deemed waiver criteria set forth in this section. necessary by the city commission includ- (c) Upon receipt of the planning and zoning ing, but not limited to, any mitigative board's recommendation, the city commission techniques and plans required by City shall make a final decision on the application. If Code. the city commission determines that the plan- (Ord. No. 2004-49, § 2, 12-13-04; Ord. No. ning and zoning board has not made a recom- 2010-09, § 2, 4-2640; Ord. No. 2019-09, § 2, mendation on an application within a reasonable 640-19) Supp. No. 32 1322.7 WINTER SPRINGS CODE Sec. 20-35. Administrative appeals. (a) Any final administrative decision regard- ing the enforcement or interpretation of this chapter, where it is alleged there is an error by an administrative official, can be appealed as set Forth in this section. Administrative appeals are not authorized or permitted on interpretation issues based on the following: (1) Any order, requirement, decision, or determination made regarding code enforcement, including notice of viola- tions and civil citations. (2) Acts of administrative officials pursuant to the orders, resolutions, or directives of the city commission including develop- 4 .ci, (3) Zoning verification letters. (4) Challenges to a development order controllcd by YSO 103.3215. (5) Appeals that circumvent procedures required by this chapter, including those that are more appropriately addressed in an application for a waiver, variance, or rezoning, (b) The following persons shall have standing to appeal an administrative decision that is not of general applicability and that is specifically related to a particular project or parcel of real property: (1) An applicant who is adversely affected by the decision. (2) A property owner whose property is the subject of the decision. (3) All owners of real property that lies within five hundred (500) feet of the property that is the subject of the deci- sion. (4) Any resident, landowner, or person having a contractual interest in land in the city who demonstrates a direct adverse impact from the decision that exceeds in degree the general interest in community good shared by all persons. (c) Appeals shall be taken within thirty (30) calendar days after such administrative decision is signed by the administrative official rendering the decision or is otherwise rendered in writing. Appeals shall be made by filing a written notice of appeal with the city manager stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. A copy of the written decision shall accompany the written notice of appeal and filing fee. Upon receipt of the notice of appeal, the city manager shall schedule the appeal before the planning and zoning board within sixty (60) calendar days and transmit all documents, plans, papers, transcripts or other materials constitut- ing the record upon which the action appealed from was taken. Within twenty (20) calendar ds of the tiling iling of a notice of appeal pursuant to this section, any person with standing may intervene and become a party to the appeal by filing a written notice of appeal in accordance FA �th t133,o C^^tion and payrtiont of Llic illilig lee. (d) The planning and zoning board shall be required to review all administrative appeals and make a recommendation to the city commis- sion. (e) Upon receipt of the planning and zoning board's recommendation) the city commission shall make a final decision on the administrative appeal. If the city commission determines that the planning and zoning board has not made a recommendation on an administrative appeal within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (f) The hearing shall be limited to the record on appeal and shall consist of oral argument by city staff and parties with standing, each of whom may be represented by legal counsel, and the party challenging the administrative deci- sion shall have the burden of proof. The hearing shall be conducted in accordance with established Florida law for quasi judicial hearings. The record on appeal shall consist of the following: Supp. No. 32 1322.8 (1) The application and accompanying information; ZONING (2) The written decision of the administra- tive official and accompanying informa- tion; and (3) Any transcript of the meeting or proceed- ing in which the written decision was made. All parties may freely refer to provisions from the comprehensive plan, any other city ordinance, resolution, or rule, and any federal or state statute, rule, or decision. If any party desires to admit any additional evidence, the additional evidence shall be disclosed to the other parties and the planning and zoning board or city com- mission not less than five (5) calendar days before the hearing. At the beginning of the hearing, the planning and zoning board or city commission shall rule on whether such additional evidence may be presented and shall freely allow the evidence when such evidence is relevant to the issue on appeal. (g) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly afforded procedural due process; (2) Whether the decision under review is supported by competent, substantial evidence; and (3) Whether the decision under review complied with applicable law, including a proper interpretation of any provision under this chapter. (h) The city commission shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officers from whom the appeal is taken. (i) An administrative appeal filed pursuant to this section stays all proceedings in furtherance of the action appealed from, including the issu- ance of a building permit or development order, unless the administrative official from whom the appeal is taken certifies in writing to the board of adjustment after the notice of appeal is filed that, because of facts stated in the certificate, a stay would, in the administrative official's opinion, cause imminent peril to life and property. In such case where the administrative official makes such certification, proceedings shall not be stayed other than by an injunction issued by a court of competent jurisdiction (Ord. No. 200449, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-2640; Ord. No. 2019-09, § 2, 6-10-19) Sec. 20-36. Expiration of conditional use, variance and waiver approv- als. (a) Any conditional use, variance or waiver approved by the city commission under this Division shall expire two (2) years after the effective date of such approval by the city com- mission, unless a building permit based upon anI incorporating the conditional use, variance, or waiver is issued by the city within said time period. Upon written request of the property owner, the city commission may extend the expiration date, without public hearing, an additional six months, provided the property owner demonstrates good cause for the exten- sion. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject develop- ment project is abandoned or discontinued for a period of six months, the conditional use, vari- ance or waiver shall be deemed expired and null and void. (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the city that may have never been acted upon or abandoned by the property owner. The city commission finds that these unexpired permits may now be detrimental to the public health, safety, and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this section shall apply retroactively to any unexpired conditional use, variance, and waiver previously granted by the city commis- sion. It is the intent and purpose of this subsec- tion to void any previously granted conditional use, variance, and waiver permit that does not comply with the provisions of this section and to S71pp. No. 32 1322.9 WINTER SPRINGS CODE require the property owner to reapply, under current circumstances, for said permit should the property owner desire or need said permit. (Ord. No. 2004-49, § 2, 12-13-04) Sec. 20-37. Limited administrative vv "Xv- ers. (a) Authorization by city manage: Waivers to the adopted land development regulations set forth in this chapter may be authorized administratively by the city manager or designee, subject to the procedures and limitations of this section. Designees under this section may be approved by city manager by written administra- tive order. (b) Waivers subject to administrative review a .1 w4..... L JVI "vwo. (1) Administrative waivers maybe considered for height, area, size, or design dimensional requirement of a structure Gr urcllicecLural icaLul°e; and/or distance requirement, size of yard, setback and open space requirements of an applicable zoning district including the transect design standards in the town center district. Administrative waivers shall not exceed ten (10) percent of the applicable requirement. The city manager may authorize the administrative review and approval of a waiver when a property owner clearly demonstrates: a. The waiver is necessary, as a condi- tion of city permit approval, to allow the reasonable use of the subject property and any proposed or exist- ing improvements thereon; and b. Such waiver will not: (i) have more than a de minimus impact on the subject property and surrounding area; (ii) be contrary to the public interest; (iii) be incompatible with the surrounding area; (iv) have an adverse effect on the neighborhood or general welfare of the area; and (v) have the effect of nullifying the intent and purpose of any applicable provision of this chapter. (c) Application submittal and fee. Application for an administrative waiver by the city manager shall be made on a form provided by the com- munity development department and shall be accompanied by an application fee established by the city. As part of the application, the city manager reserves the right to require a signed affidavit (submitted on a form prepared by the city) from all abutting property owners indicat- ing no objection to the requested waiver. In such case, failure of the applicant to obtain signatures of all abutting property owners will constitute a basis for denying the application. For the purpose of this section, the term "abutting" shall include those properties directly across a road. (d) Conditions. The city manager may prescribe ., b. � ,. z,7 te a... 1 4 -- - 1 r , . PiUP1"bb l VJ.JL1L1t1V11S anu sd1C�,' ual ub UU 011sure that the purposes of this section, chapter and other applicable regulations set forth in the City Code are carried out, and to ensure that the waiver granted is the minmi,m necessary to allow reasonable use of the land and improve- ments. (e) Further action. Applications approved by the city manager under this section shall be deemed final. However, a denial of a request for an administrative waiver by the city manager shall be considered a non -final order of the city and shall not be appealable. Applications denied under this section shall not preclude an applicant from requesting a variance or waiver from the city commission pursuant to other applicable provisions of this chapter. In such cases, the applicant shall submit a formal application for a variance or waiver consistent with the require- ments set forth in this chapter, and decisions made on such applications shall be deemed final and subject to appeal in a court of competent jurisdiction. (f) Approvals by city commission. The city commission can use the limited administrative criteria in subsection (b) to grant applicable waivers when considering and making final deci- sions on any other land use application requiring city commission approval such as approval of final engineering plans. Such waivers are not subject to the application requirements in subsec- tion (c) and shall not exceed twenty (20) percent Supp. No. 32 1322.10 ZONING of the applicable requirement. However, in conjunction with the land use application requir- ing city commission approval, the applicant and city staff shall identify the applicable limited waivers and address, in writing, the criteria in subsection (b). Additionally, if deemed necessary and relevant by city staff or city commission to approving the limited waiver requested, the applicant shall provide such relevant informa- tion enumerated in section 20-29 to support granting the waiver request. (Ord. No. 2015-19, § 2, 9-14-15; Ord, No. 2019- 09, § 2, 6-10-19) Secs. 20-38-20-50. Reserved. DIVISION 2. PLANNING AND ZONING BOARD* Sec. 20-51. Created. There is hereby created a planning and zoning board for the city. (Ord. No. 44, § 44.04, 1-8-68) Sec. 20=52. Composition, appointment of members. The planning and zoning board shall consist of five (5) members having designated seats one (1) through five (5) with such numbers correspond- ing with the commission seat. Each member shall be a citizen and registered voter of the city and each appointment by the respective commis- sion member occupying the corresponding numbered seat shall be subject to commission ratification. (Ord. No. 44, § 44.05, 1-8-68; Ord. No. 156, § 2, 9-1247; Ord. No. 214, §§ 1, 2, 5-13-80) Sec. 20-53. Term; filling vacancies; removal of members. Each member appointed shall serve as provided in Chapter 2 of the City Code. Vacancies on the board may be filled by the commission member whose seat number corresponds with the vacant planning and zoning board seat subject to com- Cross reference -Boards, committees, commissions, § 2-41 et seq. mission ratification. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the ratification by city commission. Members shall be subject to removal from office as provided in Chapter 2 of the City Code. (Ord. No. 44, § 44.06, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80; Ord. No. 259, § 1, 1-26-82; Ord, No. 2002-28, § 5, 9-23-02) Sec. 20-54. Reserved. Editor's note -Ord. No. 2002-28, § 2, adopted Sept. 23, 2002, repealed former section 20-54 in its entirety which pertained to the appointment of the chairman and vice- chairman of the planning and zoning board and derived from Ord. No. 44, § 44.07, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 215-13-80. Sec. 20-55. Compensation; allowances for expenses incurred in performance of duties. Members of the planning and zoning board of the city shall be reimbursed from the city treasury to cover the expenditures naturally and neces- sarily incurred by them and that such reimburse- ment for expenses shall be established by resolution. (Ord. No. 44, § 44.08, 1-8-68; Ord. No. 219, § 1, 7-8-80) Sec. 20-56. Meetings; quorum; records to be kept. The planning and zoning board shall meet at least once each calendar month at a time set by its members. A special meeting may be called at any time by the chairman or any three (3) of its members if the need should arise. Three (3) members shall constitute a quorum. No action by the planning and zoning board, except a vote to adjourn or to continue a matter to a subsequent date, shall be valid or binding unless adopted by affirmative vote of three (3) or more members of the board. Complete records of all proceedings shall be kept. (Ord. No. 44, § 44.09, 1-8-68; Ord. No. 173, § 2, 9-8-78; Ord. No. 259, § 2, 1-26-82) 0upp. No. 32 1322.11 § 20-57 WINTER SPRINGS CODE Sec. 20-5 7. Duties; general. (a) It shall be the duty of the planning and zoning board to: (I) Recommend to the city commission the boundaries of the various original zoning Supp. No. 32 1322.12 ZONING dwelling units (ADU) are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. This zone is intended to provide a transition to and incorporation with existing lower density residential areas that are adjacent to the town center district. Town Center District Transect Map Supp. No. 32 1342.29 WINTER SPRINGS CODE (2) Dimensional r equir•enzents. Applications are subject to standard adininistrative provisions in section 20-321 of this Code. Lot Design Guidelines Lot orientation Lot width 30 ft. min., 100 ft. max. Lot depth 50 ft. min., 175 ft. max. Lot coverage (building footprint) 60% max. Principal building setbacks Front 10 ft. min. Rear 3 ft. min. 6 ft. max. Side" 0 ft. or 3 ft. min. Frontage buildout 40% minimum at setback Accessory building setbacks Front 20 ft. min. + building setback Rear 3 ft. min. Side 0 ft. or 3 ft. min. Principal 3 stories maximum Accessory 2 stories maximum Private frontages Common yard Permitted Porch & fence Permitted Terrace/light court Prohibited Forecourt Prohibited Stoop Prohibited Shopfront, awning & balcony Permitted Gallery Prohibited Arcade/colonnade Permitted *Irregularly shaped lots may vary from the frontage buildout standard upon recommendation of the Development Review Committee (DRC). *There shall be a one -foot minimum raised first floor height above the sidewalk for residential uses. *"Side setbacks may be zero (0) feet for townhome lots. All other lot types shall maintain a three-foot side setback. *�� Height is generally limited by the number of stories, not the overall height, in order to provide for a variety of building heights. Buildings shall have no more than 16-foot floor to floor heights. T4 (General Urban Zone) (1) Description. Consists of mixed -use but primarily residential urban fabric. This zone may have a wide range of building types, both residential and commercial in nature. Setbacks and landscaping are variable. This zone is typically residential but is more urban and compact than the suburban zone, and is located closer to core of the town center. Corner stores may also be found in this zone. Supp. No. 32 1342.30 ZONING Town Center District Transect Map T3(SuburbanZone) T4 (General Urban Zone) T5 (Urban CenterZone) CIP (Civic/Public) § 20-325 (2) Dimensional requirements. Applications are subject to standard administrative provisions in section 20-321 of this Code. Lot Design Guidelines Lot orientation Supp. No. 32 1342.31 § 20-3LD WINTER SPRINGS CODE Lot Design Guidelines Lot width 18 ft. min., 90 ft. max. Lot depth 50 ft. min., 150 ft. max. Lot coverage 70% max Principal building setbacks Front 4 ft. min.-18 ft. max Rear 3 ft. min. Side 0 ft. or 3 ft. min. Frontage buildout (building footprint) 60% minimum at setback Accessory building setbacks Front 20 ft. min. + building setback Rear 3 ft. min. Side 0 ft. or 3 ft. min. Building height Principal 2 stories min., 4 max. Accessory 2 stories max. Common yard Permitted Porch and fence Permitted Terrace/light court Permitted Forecourt Stoop Permitted Permitted Shopfront, awning and balcony Permitted Gallery Permitted Arcade/colonnade Permitted Side setbacks may be zero (0) feet for large mixed -use building lot, mixed -use building lot, small mixed -use building lot, townhome lot, and apartment building lot. All other lot types shall maintain a three-foot side setback. ��First floor height (finished floor) shall be a minimum of twenty-four (24) inches above sidewalk grade for residential uses. "W�Height is generally limited by the number of stories, not the overall height, in order to provide for a variety of building heights. Buildings shall have no more than 16-foot floor to floor heights, except that first floors may be up to twenty (20) feet. T5 (Urban Center Zone) (1) Description. The T5 urban center zone comprises the core of the town center and is synonymous with the city's urban central business district. It shall consist of a higher intensity mix of uses that include retail, offices, and residential. T5 areas typically have fairly small blocks with wide sidewalks, regularly -spaced tree plantings. Supp. No. 32 1342.32 ZONING Town Center District TEgo IW%o Map (2) Dimensional requirements. Applications are subject to standard administrative provisions in section 20-321 of this Code. Lot Design Guidelines Lot orientation Supp. No. 32 1342.33 § 4V-OZU WINTER SPRINGS CODE Lot Design Guidelines Lot width 18 ft. min., 180 ft. max. Lot depth 30 ft. min., 160 ft. max. Lot coverage 100% max. Principal building setbacks Front/principal plane 25 ft. 50 ft. max. The minimum required front setback shall be the average of the front setback of the two developed lots abutting each side of the property. When one or more of the abutting lots is vacant, the next developed lot on the same block shall be used. When there is only one abutting lot on the same block face, it shall be used in this calculation. Rear 15 ft. minimum Side 5 ft. min, 100 ft. max. Frontage buildout 20% min. (at front setback) Accessory building setbacks P'ront 2O It. min. + building setback Rear 15 ft. min. Side 5 ft. min. Building height Principal 2 Stories min.; 5 Stor PS max, Accessory 2 stories min. Private frontages Common yard Prohibited Porch and fence Permitted Terrace/light court Permitted Forecourt Permitted Stoop Permitted Shopfront, awning and balcony Permitted Gallery/arcade/colonnade Permitted First floor height (finished floor) shall be a minimum of twenty-four (24) inches above sidewalk grade for residential uses. "Height is generally limited by the number of stories, not the overall height, in order to provide for a variety of building heights. Buildings shall have no more than 16-foot floor to floor heights, except that first floors may be up to twenty (20) feet. Civic/Public (1) Description. The civic/public areas are used for functions of public benefit such as parks and recreation, conservation areas that are dedicated to the public and government uses such as City Hall, Winter Springs High School, and the U.S. Post Office. (2) Dimensional requirements. Design standards in all civic/public areas shall be evaluated by the city community development department for recommendation to the development review committee (DRC). Supp. No. 32 1342.34 ZONING Table 4—Installation Specifications E�€xnp'eA Decorative Street Sign Pole Installation Diagram Example "A" (3) Neighborhood Street Sign and Light Improvement Agreement (NSSLIA). A Neighborhood Street Sign and Light Improvement Agreement with the City of Winter Springs may be available for neighborhood groups desiring to install decorative street signs and/or decorative street lights along public roadways. Neighborhood groups who have a fully executed NSSLIA with the city will be reimbursed the current "base rate" of the monthly cost for each decorative streetlight, payable when invoiced on a quarterly basis. Neighborhood groups with a fully executed NSSLIA can have decorative street signs repaired, if parts are provided to the city prior to the need for repair. Each NSSLIA must be approved by the city commission prior to execution of an agreement for decorative street signs and lighting. (Ord. No. 201M6, § 2, 3-1M2; Ord. No. 2024-08, § 2, 8-26-24) Sea 20-326. Building elements. (a) Awnings and marquees. Supp. No. 32 1342.36.13 § 20-326 WINTER SPRINGS CODE Depth = Height = Length = [`he above requirements ipply to first -floor awnings. There are no ninimum requirements br awnings above the first floor. 5 ft. minimum. 10 fto minimum clear. 25% to 100% of building front. Marquees and awnings shall occur forward of the principle plane and may encroach within the right of way, but shall not extend past the curb line. Winter Park, FL Awnings shall be made of fabric. High -gloss or plasticized fabrics are prohibited. Supp. No. 32 1342.36.14 ZONING (8) The applicant shall pay all costs to record the development agreement. (Ord. No. 2011-02, § 2, 5-9-11) Sec. 20-355. Appeals. A decision of the city commission may be appealed to the appropriate circuit court of the state. (Ord. No. 2011-02, § 2, 5-9-11) Sec. 20-356. Control of development fol- lowing recordation of development agreement. (a) An approved planned unit development shall be considered to be a separate zoning district in which the recorded development agree- ment established the restrictions, regulations, and district description according to which development shall occur. (b) After recordation of a development agree- ment, no changes may be made except under the procedures provided below: (1) If any minor extensions, alterations or mocations of existing buildings, structures or utilities are consistent with the purposes and intent of the develop- ment agreement, they may be authorized by the community development director. (2) Any uses not authorized by the develop- ment agreement may be added to, modi- fied or deleted from the development agreement if an amendment to the development agreement is approved in accordance with the provisions of this article. (3) A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the development agreement unless an amendment to the development agree- ment is approved in accordance with the provisions of this article. (4) One (1) accessory dwelling unit ancillary to the principal dwelling may be allowed by conditional use, unless prohibited by the declarations, covenants, conditions and restrictions of the homeowner's association. (Ord. No. 2011-02, § 2, 5-9-11) Sec. 20-357. Amendment to existing PUD. Any amendments to a property with a PUD zoning district classification existing on the effec- tive date of this Ordinance shall be subject to the requirements set forth herein, including amend- ments to any property with a PUD zoning district classification that is subject to a master plan or other development plan, development agree- ment, and/or settlement agreement, except that in the event of a conflict between the terms of a settlement agreement and this Chapter, the terms of the settlement agreement shall prevail. If a property with a PUD zoning district clas- cation existing on the effective date of this Ordinance is not subject to any such plan or agreement, the property shall nonetheless be subject to the requirements set forth herein prior to development of the property. (Ord. No. 2011-02, § 2, 5-9-11) Sec. 20-358. Additional requirements. All property with a PUD zoning district clas- sification remain subject to applicable require- ments of the Code, including but not limited to Chapter 9 for platting, preliminary engineering, anI final engineering for subdivision and/or site planning, as applicable. (Ord. No. 2011-02, § 2, 5-9-11) Secs. 20-359-20-410. Reserved. ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 20-411. Trailers in residential areas. (a) No house trailers will be permitted in residential zone areas except for residential zones specifically providing for mobile homes. Except as provided in subparagraph (b), campers, camp traHers and boats and trailers will be permitted Supp. Mn 32 1355 WINTER SPRINGS CODE if kept in a garage, carport, rear yard or side yard not fronting any street, providing no one occupies them. (b) Campers, camp trailers and boats and trailers may be parked temporarily in the driveway of residential zone areas for a period of time not to exceed forty-eight (48) hours within any ten (10) consecutive day time period for the limited purposes of loading, unloading and general maintenance. For purposes of this section, "driveway" shall mean the private access area designed and approved for the parking of private vehicles. (Ord. No. 44, § 44.74, 1-8-68; Ord. No. 2001-06, § 2, 1-22-01) Trailers may be kept only in areas designated as trailer parks, except as designated in section 20-432. A temporary permit may be obtained from the city Commission for Use hi co iliue °cial, rural and residential (areas). (Ord. No. 44, § 44.757 1-8-68) Sec. 20-413. Animals. No one shall keep the following animals in R-1, R-lA and R-lAA residential zone areas: Horses, cows, pigs, chickens, geese, goats or any other fowl or livestock. (Ord. No. 44, § 44.77, 1-8-68; Ord. No. 2024-08, § 2) 8-26-24) Sec. 20414. Exceptions. Horses and ponies may be permitted in R-lAA areas provided at least one (1) acre of land is available for each animal. (Ord. No. 44, § 44.78, 1-8-68) Sec. 20415. Reserved. Editor's note —Former section 20-415 pertained to the number of dogs or cats sufficient to be considered a kennel a derived fi•om Ord. No. 44, § 44.79, adopted Jan. 1, 1968. Sec. 20416. Kennel zoning. Kennels will be allowed in C-2 commercial and R-U zoned areas. No. Sec. 20411 Residential wall buffers required. Any developer or property owner proposing a commercial or multi -family development or redevelopment adjacent to a single-family zoning district or use shall construct, at the developer's expense, an opaque wall of six (6) feet in height along the full length of the property line between such development or redevelopment and the adjacent single-family zoning district or use. A wall shall also be required for a proposed com- mercial development or redevelopment adjacent to a multi -family zoning district or use, as required above. The wall shall be constructed of concrete block, brick or other durable material (wood not allowed) which is compatible with the sl�rrrnindincr nrnn nnrl nnnnntnhln 1-n 1-1,n rin..nln"_ ment review committee as to compatibility, design, and compliance with this section and the City Code. The wall requirements of this section shall apply internally within the boundaries of town center, but only to buffer loading docks, service areas, and trash disposal facilities from adjacent single-family or multi -family residential uses. If a wall is required internally within the town center, the wall requirement may be waived or varied by the development review committee and city commission pursuant to the waiver or vari- ance criteria and procedure set forth in the Town Center District Code. The wall requirements of this section shall also apply along the boundary of property that also constitutes the outer perimeter of the existing area zoned town center. (Ord. No. 2000-07, § 2.13, 5-8-00; Ord. No. 2019- 09, § 2, 6-1049) Editor's note —Ord. No. 2000-07, § 2.13, adopted May, 8, 2000, amended the Code by adding provisions designated as § 20-434. In order to conform to the reorganization of the provisions of this article, the provisions of § 2.13 of Ord. No. 2000-07 have been redesignated as § 20-417 by the editor. Sec. 20418. Gasoline stations. (a) For purposes of this section, a "gasoline station" shall include any building or structure or parcel of land used for the storage and sale of gasoline or other motor fuels, whether such storage and sale is a principal or accessory use on the land. Supp. No. 32 1356 ZONING § 20-431 required to ensure compliance piece of owner's property for the with the aforementioned parking of vehicles subject to the criteria. In addition, permits restrictions set forth in this section. approved under this subset- Provided, however, that no vehicle tion shall specify and be limited owned, operated or under the direct to the recreational vehicle, boat control by other than the person or boat trailer set forth in the owning, renting, leasing or otherwise permit application, and shall being in control of the use of such contain a description of the lot, parcel or piece of real property approved parking location on shall be parked thereupon. the subject property. Any d. Commercial vehicles as described in permit issued under this section 20431 shall be allowed on subsection shall automatically public streets or within privately expire twelve (12) months after owned driveways or on residential issuance. Application may be property for the limited and made to renew such permit temporary purpose of loading or subject to all of the criteria, unloading goods or materials for the terms and conditions set forth property owner upon whose property in this subsection. or adjacent to whose property the g. It shall be a violation of this chapter commercial vehicle is parked. to park any vehicle enumerated in Ma. above or to park any (3) Definitions. As used in this section, the recreational vehicle, boat or boat following words are to be interpreted as trailer within the right -of --way of having their commonly accepted mean - any city street, alley, lane, way, ings as well as the following specific drive or other thoroughfare definitions. If the two (2) definitions are overnight. in conflict, the definition provided herein is to prevail: (2) Exceptions. The parking, storage or a. Boat trailer. A trailer designed to maintenance of certain vehicles will be carry a boat is a boat trailer with or permitted in residentially zoned districts without a boat thereon. If with a as exceptions to (1)a. through (1)h. above boat, then both boat and trailer will as follows: be measured. a. Recreational vehicles may be b. Camping trailer. Avehicular portable occupied during parking or storage structure mounted on wheels, if a permit has been issued in constructed with collapsible partial accordance with section 20-412. side walls of fabric, plastic or other b. A combination of boat trailer with material, for folding compactly while boat and a recreational vehicle is being drawn by another vehicle, and permissible as an exception to Me. when unfolded at the site or loca- above. tion providing temporary living quarters, and the primary design of c. Any person owning, renting, leasing which is for recreation, camping or or otherwise being in control of the travel use. use of any lot, parcel or piece of real property located in a residentially c. Travel trailer. A vehicular portable zoned district and contiguous to the structure built on a chassis designed parcel upon which that person's to be pulled by an automobile or residence is located may use such truck and to be used as a dwelling contiguous lot as if it were a separate for recreation, travel or living 0 upp. No. 02 1361 § 20-431 WINTER SPRINGS CODE purposes. The vehicle shall be k. Temporary living quarters. Any equipped with tanks for storage of vehicle used on a temporary basis water and for holding of sewerage for the purpose of eating, sleeping, and shall have an interior light bathing, resting, entertaining or system operable from a source of other such activities normally associ- power from within the vehicle. ated with residential property or d. Motor home. A structure, built on recreational vehicles. and made an integral part of a 1. Truck camper. A portable structure, self-propelled motor vehicle chassis designed to be loaded onto, or affixed primarily designed to provide to, the bed or chassis of a truck, temporary living quarters for constructed to provide temporary recreation, camping or travel use. living quarters for recreation, camp- e. Occupy. To reside in or use as owner, ing or travel use. tenant or occupant for the purpose (4) Penalty. of eating, sleeping, bathing, a. It is unlawful for any person to entertaining or such other activi- violate this division or fail to comply tI P.R. with any of its requirements. The f. Overnight. A period commencing at judge shall consider the costs 7:00 p.m. on one (1) day and incurred in enforcing this division terminating at 7:00 a.m. on the day in determining the amount of any immediately folloSx ing or any pe, iod iiiic therein contained of more than seven b. The owner or tenant of any build- (7) hours. ing, structure, premises or part g. Owner's property. The property of thereof, and any other person who owners of the parked or stored commits, participates in, assists in, vehicle. This section only applies to or maintains such violation may property in residentially zoned each be found guilty of a separate districts. offense and suffer the penalties h. Recreational vehicle. Camping trailer, herein provided. truck camper, motor home, house c. Nothing herein contained shall trailer or other such vehicle designed prevent the city from taking such or modified to provide temporary other lawful action as is necessary living quarters or designed or modi- to prevent or remedy any violation fied to facilitate recreation, camp- or nuisance. ing or travel by accommodating the (Ord. No. 44, § 44.81, 1-8-68; Ord. No. 170, § 2, needs for temporary quarters. 7-11-78; Ord. No. 721, § 2, 6-28-99; Ord. No. i. Residentially zoned districts. Any 2014-12, § 2, 7-28-14; Ord, No. 2024-08, § 2) residential district as identified in 8-26-24) chapter 20, article III. Such districts to include but not be limited to: R-U, Sec. 20432. Commercial vehicle—Defini- R4AAA, R-C1, R-1AA, R-1A, R4 tion. and R-3. For purposes of this chapter, commercial j. State of good repair. The vehicle vehicles are defined to be all trailers, over sized must be functional, usable and in vehicles, commercially registered vehicles, and such a state as it may be used construction equipment of any type used in or without further repair or alteration for the purpose for which it is intended. Supp. No. 32 1362 ZONING § 20-452 ing. A home occupation or home office is u. Massage therapy; not permitted within an accessory dwell- v. Photographic studios involving ing unit. chemicals or client visitors; (4) There shall be no exterior advertising of wW Retail commercial operations; the home occupation on the outside of the dwelling unit or permitted accessory build- x. Sexually oriented businesses; ing. y. Vehicle sales or rental; (5) There shall be no exterior storage or display on the premises of material or z. Tattoo parlors; equipment used as a part of the home aa. Health care providers; or occupation or home office. Commercial vehicles shall be regulated pursuant to bb. Pain management clinics, as defined section 20-431 et seq. of the City Code. by section 458.3265 or section (6) The following uses shall not be considered 459.0137, Florida Statutes. a home occupation or home office: cc. Any other use or activity similar in a. Adult entertainment establishments; nature or purpose to those listed herein and any other use or activity b. Antique shops; inconsistent with the requirements c. Art studio for group instruction; of this Code. d. Auto service and repair; (7) No person other than inhabitants resid- e. Mechanical service and repair; ing on the premises of the dwelling unit f. Barber and cosmetology services; shall be engaged on the premises of the home occupation or home office. g. Band or music instruction for groups; h. Bed and breakfast facilities; (8) No traffic/parking shall be generated by the home occupation or home office in i. Clubs, private; greater volumes than would normally be j. Drive-in facilities; expected in accordance with industry k. Eating and drinking establishments; traffic and parking standards for a residential unit located in a residential 1. Escort services; neighborhood. . Food processi in* and handling, com- ial (except that cottage food (9) No dangerous, toxic or hazardous mate- mercvial shall be used or stored on the premises operations, as defined in section 20-1 of the City Code, may be in connection with the home occupation considered a home occupation or or home office, except, however, this provi- home office); sion shall not be construed as prohibiting a person from using or storing products n. Fortune tellers; that are normally used or stored at a o. Funeral homes; residence for purely domestic or household p. Group instruction for more than purposes such as cleaning, lawn fertilizer two (2) people; and pest control products. q. Health spas; (10) No equipment or process used in the r. Hospitals and clinics; home occupation or home office shall create noise, smoke, dust, heat, vibra- s. Hotelshnotels; tion, glare, fumes, odors or air pollution t. Kennels or overnight boarding of off the premises on which the home animals; occupation or home office exists. Supp. No. 00 1381 WINTER SPRINGS CODE (b) A home occupation or home office is permit- ted in the town center subject to the provisions of section 20-324(7). (c) All home occupations and home offices shall be required to obtain a business tax receipt as required by section 10-26 of the City Code, prior to the start of such use. In addition to any other submittals required for a business tax receipt, the applicant shall also submit the fol- lowing: (1) The exact nature of the home occupation or home office; (2) Total air-conditioned floor area (square feet) of the residence; and (3) Amount of area, measured in square feet, to be utilized in conducting the home occupation or home office. (Ord. No. 2011-08, § 2) 10-10-11.; Ordl No. 2012-09, § 5, 7-23-12; Ord. No. 2016-05, § 2, 2-2246) Secs. 20-453-20-460. Reserved. ARTICLE VI. S.R. 434 CORRIDOR VISION PLAN* DIVISION 1. S.R. 434 CORRIDOR OVERLAY DISTRICT Sec. 20-461. Intent. The purpose and intent of this specialized overlay zoning district is to encourage and provide for enhanced property development within the S.R. 434 commercial corridor. Some of the objec- tives to be attained through the establishment of this district include: enhancement of the of the corridor; provision of architectural design *Editor's note —Ord. No. 675, adopted Dec. 8, 19977 amended the Code by adding provisions designated as Art. 20-445-20-459. In order to reserve sections for future use, the editor has redesignated the provisions of Ord. No. 675 as herein set out, S11pp. No. 32 1382 guidelines to create a unifying theme over time; protection of adjacent residential land uses; and protection of property values. (Ord. No. 675, 12-8-97; Ord. No. 2014-34, § 2, 12-8-14) Sec. 20-462. Creation. In addition to, and supplemental to, other zoning and land development regulation require- ments heretofore and hereafter, the S.R. 434 Corridor Overlay District includes additional regulations to promote the orderly development and redevelopment of the corridor, which shall be applied through imposition and mapping of an overlay district. The regulations are in addi- tion to and not in substitution of the underlying 7(lnintrdctrirfrpb,lwti 1,; 7 ..1 11 �1�1. _ • -- .r iilc.li ollctll "IOU l uilla"I applicable to the overlay zone. The overlay district design standards will govern development within the corridor and will control where conflicts between regulations occur. (Ord. No. 675, 12-8-97) DIVISION 2. GENERAL DESIGN STANDARDS FOR NEW DEVELOPMENT AREA Sec. 20-463. Applicability. The following design standards shall apply to the State Road 434 Overlay District which includes alI properties lying within the corporate limits of the City of Winter Springs adjacent to the S.R. 434 right-of-way (inclusive of the entire parcel adjacent thereto) from U.S. 17/92 to the easternmost boundary of the City of Winter Springs with the exception of properties within the Town Center District, and Greeneway Interchange District (GID), which are subject to other regulations set forth in the City Code. (Ord. No. 675, 12-8-97; Ord. No. 2003-23, § 2, 6-23-03; Ord. No. 2014.34, § 2, I2-844) Sec. 20464. Building height. Proposed buildings greater that three (3) stories in height shall require conditional use review and permit. However, no building shall exceed five (5) stories in height. For the purpose of these design standards, building height shall be ZONING measured from ground level to the highest point of the coping of a flat roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. Cupolas, spires, domes, pinnacles, chimneys, penthouses and similar architectural features may be erected to a height greater than any limit prescribed in this Code provided, each feature does not exceed six hundred (600) square feet in area and does not extend more than thirty (30) feet above the designated height limit. Building height is measured as the vertical distance from the lowest point on the tallest side of the structure to the top of the cornice, eave or similar architectural feature. Subject to aesthetic review approval, buildings greater than three (3) stories must have a building step -back consist- ing of an architectural design element that is applied to each story above three (3) stories of the development. A step back requires that any portion of a building above three (3) stories is Further pushed -in towards the center of the property for purposes of reducing the scale of the building and enhancing its aesthetic character while exposing and emphasizing the ground - level elements of a structure, increasing views of surroundings areas, and increasing solar and wind pass through, A step back required under this section shall be no less than five (5) feet in depth. (Ord. No. 675, 12-8-97; Ord. No. 2014-34, § 2, 12-8-14; Ord. No. 2020-02, § 4, 4-27-20; Ord. No. 2024-08, § 2, 8-26-24) Sec. 20-465. Setbacks. It is the intent of the city to create a sense of place along the S.R. 434 Overlay corridor. No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: Buildings S.R. 434 Minimum Maximum 25 feet, 100 feet Collector Street Minimum Maximum 25 feet, 100 feet Internal Street/Alley Minimum Maximum 5 feet, 25 feet Side Minimum 10 feet Rear Minimum 10 feet (b) The following improvements are spec cally excluded from the setback restrictions: (1) Steps and walks; (2) Landscaping and landscape berms; (3) Planters three (3) feet in height or less; or (4) Other improvements such as balconies, stoops, and awnings may be permitted under applicable regulations of the city. (Ord. No. 675, 12-8-97; Ord. No. 2010-09, § 2, 4-2640; Ord. No. 2014-34, § 2, 12-8-14; Ord. No. 2020-02, § 4, 4-27-20) Sec. 20-466. Required streetscape. The streetscape requirements set forth in Chapter 20, Article VII S.R. 434 and Tuskawilla Road Streetscape Requirements shall apply. (Ord. No. 2020-02, § 3, 4-27-20) Sec. 20-467. Off-street parking and driveway requirements. The following parking and driveway require- ments shall apply to the State Road 434 Overlay District: (a) Paved driveway and parking spaces. All driveways and parking spaces shall be paved with asphaltic concrete and/or concrete and shall be curbed. (b) Parking space size. Each off-street park- ing space shall be a minimum of two hundred (200) square feet, ten (10) feet by twenty (20) feet, in addition to space for access drives and aisles. The minimum width of each space shall be ten (10) feet. The two -foot area of paving at the end of each parking space may be omitted provided the area is landscaped with sod or another acceptable ground cover. The two -foot landscaped area shall be counted toward any other green space require- ment or setback. Lines demarcating park- ing spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required. Supp. No. 32 1383 WINTER SPRINGS CODE (c) Access drive width. Each access drive shall have a minimum width of twenty- four (24) feet. (d) Off street parking requirements. The number of required parking spaces shall be calculated pursuant to section 9-277 of this Code. (Ord. No. 675, 12-8-97; Ord. No. 2014-34, § 2, 12-8-14) Sec. 20-468. Large footprint buildings. Buildings with a footprint greater than twenty thousand (20,000) square feet should be built with the following special limitations: (a) Where practical, buildings shall include u�v.�., utiu vviiiuvvvo •uwu� Llic iisu�-Gi way and shall also incorporate unique fenestration and architectural elements to create a more aesthetically pleasing facade and to prevent large blank walls. This will be a primary consideration for staff as aesthetic review for buildings are considered pursuant to chapter 9, article XII of this Code, (b) To encourage use by pedestrians and decrease the need for solely auto -oriented patron- age, large -footprint buildings must provide a connected system of walkable street frontages to adjacent buildings and outparcels. (c) Where possible, loading docks, service areas and trash disposal facilities shall not face rights - of -way or residential areas. Where it is not possible to meet this requirement, adequate buffering/screening shall be provided. (Ord. No. 675, 12-8-97; Ord. No. 2014-34, § 2, 12-8-14; Ord. No. 2024-08, § 2, 8-26-24) Sec. 20469. Reserved. Editor's note —Ord. No. 2014-34, § 2, adopted Dec. 8, 2014, repealed former § 20-469 in its entirety which pertained to buffers and walls and derived from Ord. No. 675, 12-8-97; Ord. No. 710, §§ III, W, 1-11-99; Ord. No. 2000-07, § 2.C, 5-8-00, Sec. 20470. Reserved. Editor's note —Ord. No. 2013-09, § 3, adopted Sept. 9, 2013, renumbered former § 20-470 Sec. 20-471. Utility lines. (a) All new and relocated utility infrastructure shall be constructed and installed underground to the maximum extent feasible and possible consistent with law and industry standards. All new or relocated utility lines, pipes, conduit and similar infrastructure within the district shall be constructed and installed beneath the surface of the ground unless the City determines that soil, topographical, or any other compelling site condition makes undergrounding unreasonable and impracticable. (b) Incidental utility appurtenances includ- ing transformer boxes, switch boxes, and pedestal mounted boxes shall not be required to be constructed and installed underground. However, such appurtenances shah be constructed and installed at locations approved by the City with maximum consideration given to visual screen,,, buffering, and other aesthetic and practical on :and off -cite vic�aol <,nel ^or^ty � n . Such appurtenances shall be set back a minimum of fifteen (15) feet from any right-of-way. Visual screening techniques shall include landscape materials and masonry constructions. (c) Easements shall be required for the construction and installation of all utility infrastructure unless a written determination by the utility is submitted which provides that an easement is not needed to secure permission to use the property on which the infrastructure is installed. (Ord. No. 675, 12-8-97; Ord. No. 2014-34, § 2, 12-8-14) Supp. Mn 32 1384 § 20-414 Sec. 20472. Corridor access management. (a) A system of joint use curbed driveways and cross access easements shall be established along the S.R. 434 Corridor and the building site shall incorporate the following: (1) Across access corridor extending the entire length of each block served to provide for driveway separation (consistent with the F.D.O.T. access clas- sification system and standards). (2) Stub -outs and other design features to make it visually obvious that the abut- ting properties may be tied in to provide cross -access via a service drive. Supp. No. 32 1384.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 32 1384.2 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code Added 5-18(c)(8) Ch. 5, App. B Ch. 5, App. C 3(1) Rpld Ch, 20, Art, VI, Tables 1, 2 3(2) Rpld 11-4 2020-04 8-10-20 2 Added 2-650 2020-08 9-28-20 2 Added 14-2 2021-01 2- 8-21 2 Added 18-220,18-221 2021-02 4-12-21 2 20-28 2021-04 5-10-21 2 2-27(c), (m) 2021-05 8- 9-21 2 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 3 Rpld 9-101(a)(2) Added 9-241(d)(4) 4 Added 6-82 2022-02 4-25-22 2 19-312, 19-314, 19-315119-317, 19-322 2022-03 3-28-22 2 2-29 2022-04 12-12-22 2 20-323 2022-09 9-12-22 2 Added 13-5 2022-10 9-12-22 2 5-4, 5-4.5, 5-9, Table 1 202241 1-23-23 2 20-1 Added 20-234(9) Added 20-261(9) 20-346 20-346.1(18) Added 20-423 2023-01 2-27-23 2 2-270) 2023-05 6-12-23 2 2-151, 2-152 2023-07 12-11-23 2 9-1 3, 4 9-241 2023-08 8-14-23 2 2-30 2023-10 11-16-23 2 Added 14-3 2023-13 12-11-23 2 19-102 3 19-138 2024-01 1-22-24 2 12-53 2024-05 3-11-24 2 6-300 2024-07 8-26-24 2 6-84 6-86 6-187 6-191 Rpld 6-193 2024-08 8-26-24 2 20-1 20-28 20-29 20-29.1 20-325 20-413 20-431 Supp. No. 32 2107 WINTER SPRINGS CODE Ordinance Section Number Date Section this Code 20-464 20-468 [The next page is 2145] Supp. No. 32 2108 STATE LAW REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the state law or related matters. State Const. Article Fl. Adm. Code Chapter 17-555.360 62-340 F.S. Section 20.30 34.191 Ch. 50 50.041 50.051 60.05 Ch. 97, Ch. 98 99.093 1000201 et seq. 100,361 Ch. 101 101.62-101.70 101,657 112,3143 Ch. 140 Ch. 102 119.07 161.055 Ch. 162 Ch.162, Pt. I 162.04 162.05 162.05(3) 162.06(2), 162.06(3) Supp. No. 32 Section 2 29 Section this Code 19-92(c) 19-95(b) 19-95(c) 19-129 Ch. 19, Art, M Div. 2 19-315 Section this Code 20-232(a)(64) 11-1 2-61 2-61 2-61 13-74 2-89 2-88 2-94 2-26(b) 2-93 2-92 2-96 2-30 18-26 2-85 2-93 18-29 8-40 Ch. 2, Art. III, Div. 2 2-56, 6-32 8-62 13-5 19-174 2-56, 2-62 13-39 2-57 2-58 2-59 Section this Code 10-87, 18-153 20-1 F.s. Section 162.07 162.21 162.21(3)(b) 162.22 Ch. 163 Ch. 163, Pt. II 163.045 163.3161 et seq. 163.3164 163.3171 et seq. 16303180 163.31801 163.3181(3) 163.3202 163.3209 163.3215 163.3220-163.4243 Ch. 166 166.021 166.032 166.033 166.041 166.0415 166.0442 166.201 et seq. 2145 166.221 166.231 SectioL� this Code 2-60 3-3 19-255 19-323 ), 10-5 7 9-391, 10-52 20-26 9-386.1 9-500 20-28(a) 5-4.5 9-386.1 2-30 Ch. 15 9 546, 9-547 9-550, 9-551 9-386.1 20-102(f) 9-391 5-4.5 20-35 20-336 Ch. 2 9-386.1 20-26 20-28(a) 10-87 18-153 2-89 2-30 1-11 10-52 20402(f) 18-153 20-104 19-255 14-3 Ch. 2, Art. VI Ch. 18 Ch. 10 18-29, 18-30 WINTER SPRINGS CODE F.S. Section F.S. Section Section this Code Section this Code 166.231 et seq. Ch. 18, Art. II 320.01 84 166,0425 Ch. 16, Art. III 320.01(1) 12-100 16643161 20404 320.8249 8-89 170.01 et seq. Ch. 17 Ch. 322 12-2 Ch. 171 Ch. 2, Art. V 322.03 12-100 Ch. 177 Ch. 9 322.34 12-100 9-2, 9-9 Ch. 324 12-100 Ch. 180 et seq. Ch. 17 3376401 18-31 18904042 18-121 366.02 8-35 197.3632 18451 Ch. 373, Pt. IV 9-241 197,3635 18-151 373.036 8-40 200.065 Ch. 21 Art. VI 376.031 17-103 Ch, 202 18-28 Cho 380606 9403 202.11 18-26 38100065 8-40 202.20 18-31 381.986 204 2034012 18-26 403.413(4) 12-100 Ch. 205 Ch. 10 403.41 r1i 19 Ile Ch. 10, Art. II Ch. 16, Art, VII 205.043(c) 10-30 40369337 19-323 205.053 10-32 403,9338 19-312 205.053(1) 10-29 413.08 17-107 20669925 17-103 458.3265 13-72, 20-259 Ch. 212 18-27 20-421, 20452 Ch. 218 Ch. 2, Art, VI 459.0137 13-72, 20-259 28640114 2-28 20-421, 20-452 286,0115 2-30 4790155 Ch. 16, Art, III 2866012 2-30 Ch.480 10-55 315.1956 12-65 482.1562(9) 19-312 Ch, 316 Ch. 12 489,105 6-32 12-2 4896127 6-270, 6-272, 13-26 6-274, 6-2752 17-102 6-279 20-431(1)a. 4890132 6-270, 6-272 316.003 12-82 500.80 20-1 316.061 12400 Cho 509 13-5 20-438 509.013(4)(a)l. 13-5 316.008(1)(e) 17-102 5090102 20-650 316.0083 12-84,12-87 509.102(1) 20-650 12-88 533.73 6-31, 6-32 316,0745 12-89 538.01 et seq. Ch. 10, Art. VI 3166193 12-100 Ch. 553 Ch. 6 316.1945(b)(2) 74 Ch. 61 Art. III 316.1955 et seq. 20-467, 20-483 553.06 Ch, 6, Art, V 20-504 553.19 Ch. 6, Art. IV 316.2055 Ch. 16, Art, II 553.73 Ch. 6, Art. V 31642065 13-62 6-81 31602126 6-87 553.73(5) 8-51 316.293 13-44 553.73(10)(k) 8-35 316,640 12-86 553.955 et seq. 6-6 316.646(4) 12-100 559,955 13-5 Ch, 318 12-2 Chs. 561-565 10-73 318.14 12-87 561.01 17-108 Ch. 320 12-2 561.01 et seq. Ch. 3 Supp. No. 32 2146 STATE LAW REFERENCE TABLE F.S. Section F.S. Section Section this Code Section this Code 561.14 3-3 849.16 10415 561.20(7)(a) 3-3 849,231 17-108 562.45(2) Ch. 10, Art. III, Div. 2 856.015 17-108 570.02 19-312 865.09 10-68 585.001 17-107 865.09 10-61 585.01 17-107 874.03 13-72113-74 604.50 8-35 Cho 893 10-73 Ch. 633 Ch. 7, 7-46 893.02 12-100 7-50 893.03 17424 633.521 7-54 893.13 13-74 Ch, 650 Ch. 14, Art. II 8934138 13-72, 13-74 14-26(a) Cho 893 13-72 650.02 14-26(a) 893.138 13-70 Cho 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 13-5 775.082, 7750083 2-69.5(e), 11-1 12-88 784.011 13-74 7840021 13-74 784.03 13-74 784.045 17-124,13-74 790.001 17-105 790.33 17-105 791.01 17-105 Ch. 794 10-55, 10-73 Ch. 796 10-52, 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 13-74 810.09 17-109 812.131 13-74 812.014 13-74 8124019 13-74 817.327 817.33 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 10-55 847.0133 10-55 Ch. 849 10-115, 17-108 849.04 Ch. 10, Art. IV 849,07 Ch, 10, Art. IV [The next page is 2197) Supp. No. 32 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 ............. 12-532 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 .................... 19429 Prohibited locations for ................6 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- nients .......................... 10-80 MENTS, SEXUALLY ORIENTED BUSI- Savings. I I I V I 1 0 1 6 1 0 0 0 1 4 1 4 a 0 0 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. I 1 0 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 ............................. 10-55 Generally............................ 10-70 Engaging in prohibited activity Unlawful provisions, records.......... 10-88 Customers ........................... 10-82 Worker records ...................... 10-75 Workers/operators, I a 0 1 1 1 1 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, I 1 0 0 1 1 1 a 6 9 1 1 1 1 0 1 0 0 1 1 4 6 V 0 0 1 6 a a a 0 1 10-100 ful provisions .................. 4 10-90 ADVERTISING. See: SIGNS AND Establishment name change ............ 10-72 ADVERTISING General requirements. I 1 6 0 4 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 ............... 10-61 MENTS AND OTHER AGENCIES OF Contents of, term of, renewals, expira- CITY tion, lapse, nonconforming AGREEMENTS. See: CONTRACTS AND establishments. 1 9 1 1 1 0 4 0 1 1 6 1 0 1 0 1 1 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. 32 3111 ALARMS, ALARM SYSTEMS (Cont'd.) 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. . I . 0 0 1 6 1 V 0 0 0 & & 14 4 0 1 0 61 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 .......................... l4uuluy wulliulted upon aicohol licensed premises, bottle clubs ............. . Open containers in public places ....... . Penalty................................ State of emergency (declaration of) ..... . V^ndor� (^lrnl�clic bev��r�ge) ii, town celltei 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- mentto........................... See: FIRE PREVENTION AND PROTECTION Zoning Districts, amendments re. . . Ordinances, alterations, changes or amendments .................... AMUSEMENTS AND AMUSEMENT PLACES Dance halls; permit required; conduct in dance halls, V 0 1 & 1 9 1 0 6 1 1 q 0 4 0 0 1 1 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. 32 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, . I M 0 4 0 1 0 4 1 1 4 0 0 0 20-416 Noise disturbances prohibited 13-58 Specific provisions ................... 13-31(0 13-52 Zoning regulations for animals .......... 20-413 13-54 13-59 ANNEXATIONS 13-60 Annexations east of DeLeon Street prohibited ......................... 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 340 APPROPRIATIONS 3-7 Certain ordinances not affected by Code . 1-7(7) 3 8 ARBORS. See: TREES AND SHRUBBERY 2-255 3-3 ASSESSMENTS Annual fire rescue assessments ......... 18-151 et seq. See: FIRE RESCUE ASSESSMENT 1-10 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 13-31(f) Signs and advertising requirement ...... 16-87 10-115 BARBED WIRE. See: FENCES, WALLS, HEDGES AND ENCLOSURES BARRICADES 4-1 Street excavation barricades ............ 17-80 CODE INDEX Section BARS Alcoholic beverage regulations generally. 3-1 et seq. See: ALCOHOLIC BEVERAGES BEER Alcoholic beverage regulations generally. 3-1 et seq. See: ALCOHOLIC BEVERAGES BICYCLES Bicycle and pedestrian advisory commit- tee Creation; composition; appointment of members ....................... 2-43 Purpose and duties ................... 2-44 BIDS, BIDDING. See: FINANCES BILLBOARDS. See: SIGNS AND ADVERTIS- ING BLASTING AGENTS. See: EXPLOSIVES AND BLASTING AGENTS BOARDS, COMMITTEES AND COMMIS- SIONS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOATS Noise disturbances prohibited Specific provisions Motorboats. . 0 0 4 0 0 0 q q * I I 1 6 a 6 a 0 * 0 0 * 0 13-31(i) Vehicle and boat repairs ........... 13-31(e) BOND ISSUES Certain ordinances not affected by Code . 1-7(2) BONDS, SURETY OR PERFORMANCE City -owned property supervision and control, bond for custodian re ...... 2-193 Land development bonding procedure.... 9-76 Street excavations, bond requirement.... 17-77 I .Z0ZO] CU91 lI6] 0 a Adult entertainment establishments ..... 10-55 et seq. See: ADULT ENTERTAINMENT ESTABLISHMENTS, SEXUALLY ORIENTED BUSINESSES BOTTLE CLUBS Prohibited .............................. BOTTLES Prohibitions ............................ BUDGET. See: FINANCES BUILDINGS Accessory buildings. . I 1 4 6 1 Accessory dwelling units ............... . Administration Florida building code Administrative amendments to Chapter 1.................... Administrative amendments to Chapter 2...................6 Adoption of appendices ........... . 3-5 6-32 6-34 BUILDINGS (Cont'd.) Local wind speed design criteria. . Annual fire rescue assessments ........ . See: FIRE RESCUE ASSESSMENT Automatic fire sprinkler systems Florida Fire Prevention Code, local amendment to ................. . Building erected or altered in violation of provisions, use of. Building inspector Swimming pool inspection ........... . Building official Authority to stop work if contrary to public welfare, . 0 * q V I . I 1 6 a * 4 a 6 6 & . Citations; unlicensed contractors; failure to obtain a building permit Administrative hearings; accrual of penalties ....................... Appeals of code enforcement board or special magistrate decisions ..... Citation authorized for construction contracting violations. . Citation form ........................ Correction of violation; payment of penalty; notice of hearing....... . Findings. a 4 a 0 0 0 0 4 0 0 * 4 1 1 1 a 6 * 0 * 0 Intent and purpose, . . Notices .............................. Penalty.............................. Recording code enforcement board or special magistrate orders........ Refusal to sign citation, . . Stop work ........................... City parks and recreational areas Injuring, interfering with, etc., build- ings and other property ......... Code enforcement ...................... See: CODE ENFORCEMENT Codes Energy efficiency code adopted........ Florida building code. See herein that subject Compliance with provisions. . Construction sign ....................... Construction site management ......... . Construction management plan ...... . Contractor/owner responsibility ...... . Erosion and run-off control .......... . Final site clean-up; repair damage to public property ................. Requirements during weather emergency ...................... Applicability ...................... Dumpsters ........................ Inspection ......................... Material capable of becoming airborne Materials stockpiled on -site ....... . Notice............................ Roofing materials —Hurricane season Temporary construction fence ..... . Section 6-33 18-151 et seq. 2-56 17-114 et seq. 6-6 6-88(4) 6-88(5) 6-88(5)a 6-88(5)e 6-88(5)c 6-88(5)h 6-88(5)d 6-88(5)b 6-88(5)g 6-88(5)i Supp. No. 30 3113 BUILDINGS (Cont'd.) Temporary toilets, Temporary toilet facilities for workers. Violations; enforcement, . . 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 gas 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................................ Restricted hours of building construction or installation or construction of subdivision improvements......... . Screen enclosures/rooms ............... . Storage Temporary structures. WINTER SPRINGS CODE Section Section BUILDINGS (Cont'd.) 6-88(5)f Swimming pools ........................ 6-210 et seq. 6-88(2) See: SWIMMING POOLS 6-88(8) Television dish antennas ................ 6-83 Uniform building numbering system Administration and assignment of number, . 0 1 0 0 1 0 1 4 6 6 0 0 6 &,,,IV . q 4 R 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 6-101 TRAFFIC CABARETS Adult entertainment establishments ..... 10-55 et seg. 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. 10437 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 Additional analyses and certifica- tions ...................... 8-43 6-1 Sewerage revenue generation system Accountant certification of adequate maintenance, . 19-129 11-6 6-86 CHURCHES Adult entertainment establishments 6-87 Prohibited locations .................. 10-101 Supp. No. 32 3114 CODE INDEX Section Section CHURCHES (Cont'd.) CODE ENFORCEMENT (Cont'd.) Alcoholic beverage sales prohibited near. 3-2 Generally. . I I I I a 6 0 0 9 0 1 1 1 1 0 1 a 0 0 0 a I 1 0 0 0 2-58 Sexually oriented businesses Powers .............................. 2-59 Prohibited locations .................. 10-101 Wastewater system, enforcement board 19-30 Definitions ............................. 2-57 CITY Duration of lien ........................ 2-64 Definitions and rules of construction..... 1-2 Enforcement procedures ................ 2-60 Trees; care and maintenance............ 5-11 Intent, a 1 1 6 0 0 a 0 a a I a I I 1 0 0 0 0 0 1 1 1 6 0 1 0 1 a 4 1 1 1 2-56 Use of city athletic facilities; fees ..dada.. 2-2 Provisions are supplemental ............ 2-65.1 CITY CLERK Scheduling and conduct of hearing....... 2-62 Election Service of notice ........................ 2-61 Additional duties re .................. 2-95 CODE ENFORCEMENT BOARD. See: CODE Supervisor, city clerk as. 2-81 ENFORCEMENT Supervision by city manager. 14-2 CODE OF ORDINANCES* CITY COMMISSION Additions and amendments deemed Additional rules of conduct .............. 2-29 incorporated in Code............... 1-10 Addressing the mayor and city commis - Altering Code .......................... 1-14 sion ............................... 2-28 Amendments to Code; affect of new Annual fire rescue assessments. 18-151 et seq. ordinances; amendatory language .. 1-11 See: FIRE RESCUE ASSESSMENT Catchlines of sections ................... 1-3 Definitions and rules of construction..... 1-2 Certain ordinances not affected by Code . 1-7 Land development Division of land; city commission Definitions penalty; c ntinu n .... anon; . ola- 1-2 approval required ............... 9-2 General penalty; continuing violation; viola - Quasi judicial rules and procedures...... 2-30 tion as public nuisance, ............ 11-5 History notes ........................... 1-5 Recall of elected officials ................ 2-26 How Code designated and cited.......... 1-1 Rules and procedures''.. .. added ad be *let 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 ...dada 1-4 CITY MANAGER Repeal of ordinances, affect of ........... 1-8 Annual fire rescue assessments ......... 18-151 et seq. Severability of parts of Code ....... added 1-13 See: FIRE RESCUE ASSESSMENT Supplementation of Code, . 1 0 0 1 a a 1 4 4 1 0 1 0 a 1-12 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 CIES OF CITY Additional enforcement powers .......... 2-65.2 COMPUTATION OF TIME Administrative fines; costs of repairs; and De filing of liens ..................... a 2-63 Definitions and rules of construction..1-2 ... Citations CONTRACTS AND AGREEMENTS Code enforcement officers Certain ordinances not affected by Code . 1-7(1)1(3) Authority ......................... 2-69 Code does not affect prior contracts, etc.. 1-9 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 . . . . . . . 7-1 Delivery of warning notices, citations.. 2-69.2 Old age and survivors' insurance, execu- Disposition of citations, civil penalties. 2-69.7 tion of agreement .................. 14-27 Intent ..............................0 2-66 Supplementation of Code................ 1-12 Procedure ........................... 2-69.1 Procedures to pay, contest citations ... 2-69.5 COUNTY Provisions supplemental. . 1 0 1 1 1 1 a 0 4 9 0 1 2-69.8 Definitions and rules of construction..... 1-2 Violation classification; civil penalty... 2-69.3 Violations, schedule of. . 1 0 1 a 1 6 1 1 I*P*m* f................ 2-69.4 *Note —The adoption, amendment, repeal, omissions, effec- Code enforcement board and special tive date, explanation of numbering system and other mat - magistrate ters pertaining to the use, construction and interpretation of Appeal .............................. 2-65 this Code are contained in the adopting ordinance and Building numbering system, authority preface which are to be found in the preliminary pages of this re .............................. 9-376 volume. Supp. No. 32 3115 COURTS Court costs Assessment and collection of; use .... . CURFEW Declaration of a state of emergency..... . C7 DANCE HALLS Permit required; conduct ................ DEPARTMENTS AND OTHER AGENCIES OF CITY Boards, committees, commissions gener- ally Appointments of boards and commit- tees............................ Bicycle and pedestrian advisory commit- tee Creation; composition; appointment of members ................. . Purpose and duties ............... . Parks and recreation advisory commit- tee Creation; composition; appointment of members ................. . Purpose and duties ............... . Time of meeting adjournment........ . City arbor division, . City commission, 0 0 0 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 DOGS Animal regulations generally........... . 11-2 See: ANIMALS AND FOWL DRAINS, DRAINAGE 2-255 Land development Drainage ditch fence required; when . . Drainage facilities .................. . Open drainage ditches; storm sewers . . Storm water management ........... . 10-111 DRUMS Noise provisions .......................1 DUMPSTERS Definitions ............................. Minimum screening requirements ...... . ELECTIONS Absentee voting ........................ Z-43 Applicability of Code to election where 2-44 questions are submitted........... . Candidates, qualification of ............ . Canvass of return ...................... Certain ordinances not affected by Code . 2-46 Ciiy clerk, additional duties of ......... . 2-46 Determination of person elected ........ . 2-42 Early voting exemption ................ . 5-5 Election board, & a I I V 0 1 0 4 2-26 Election supervisor .................... . 2-58 et seq. Electronic filing of campaign finance reports required .........................6 1-2 Municipal elections to be general elections 2-85 Nonpartisanship required ............... Proclamation, . 1 6 q 0 4 0 0 4 & 4 1 Qualifying fees ......................... 74 Recall of elected official ................ . Registration of voter .................... 14-52 Vacancy in office, 0 20-51 et seq. Voting machines, . 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, . a . See: TAXATION ELECTRONIC DEVICES Noise disturbances prohibited Specific provisions .................. . 6-83 EMERGENCIES Noise 10-111 Emergency exception ................. DISTRICTS Zoning districts, See: ZONING 20-101 et seq. Supp. No. 32 3116 EMERGENCY MANAGEMENT Applicability of provisions. 6 W 4 . . Certification of emergency conditions ... . Section 4-1 et seq. 9-280 9-281 2-94 2-87 2-93 1-7(16) 2-96 2-84 2-96 2-85 2-8 6-101 18-26 et seq. 13-31(a) 2-252 2-265 EMERGENCY MANAGEMENT (ConfdJ Declaration of a state of emergency..... . Definitions ............................. Fire emergencies ....................... Intent, I & 0 * I a 0 0 0 q 4 0 0 0 V M * 0 4 0 1 # 0 * M 1 0 4 a Police emergencies ..................... . Powers, duties, responsibilities ......... . Structure, emergency management ..... . Suspension of local building regulations . Termination of state of emergency. . Weather emergencies .................. . EMPLOYEES. See: OFFICERS AND EMPLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES ENERGY Building energy efficiency code ......... . ENTERTAINMENT. See: AMUSEMENTS AND AMUSEMENT PLACES ESCORTS AND ESCORT SERVICES Escort service, generally ................ Special provisions relating to............ EVACUATION Declaration of a state of emergency..... . EXCAVATIONS See: STREETS AND SIDEWALKS CODE INDEX Section 2-255 2-251 2-263 2-250 2-262 2-254 2-253 2-264 2-256 2-261 6-6 2-255 EXPENDITURES Sewerage revenue generation system, expenditures re .................... 19-128 EXPLOSIVES AND BLASTING AGENTS Declaration of a state of emergency...... 2-255 Noise disturbances prohibited Specific provisions ................... 13-31(g) Regulation of explosives. 7-27 F FALSE ALARMS Service fee ............................. 13-59 Waiver of fee ........................... 13-60 Warning notice ......................... 13-58 FENCES, WALLS, HEDGES AND ENCLOSURES Barbed wire permissible, when .......... 6-189 Building numbers to be affixed to walls, fences, etc ......................... 9-374 Construction material .................. 6-187 Corner lots ............................. 6-191 Drainage ditch fence required, when..... 9-106 Exceptions to provisions ................ 6-188 Flood resistant development ............ 8-104 et seq. See: FLOOD DAMAGE PREVENTION Height limitations generally ............ 6-190 FENCES, WALLS, HEDGES AND ENCLOSURES (Cont'd.) Maintenance of fences or walls ......... . Permit required ........................ Provisions not controlling; exception .... . Urban beautification ................... . See: URBAN BEAUTIFICATION Utility easements. * 9 1 0 0 6 1 a 0 0 1 6 * 4 0 1 & 0 4 1 4 . FERTILIZERS, PROPER USE OF Applicability ........................... Application practices. Definitions ............................. Enforcement, penalties, and legal proceed- ings. q I & 0 4 9 1 0 0 0 q 1 1 4 4 1 0 * W I 1 0 0 0 1 F I I I Exemptions .........................�.. Fertilizer content and application rates . . Fertilizer free zones .................... Findings ............................... Licensing of commercial fertilizer applica- tors, Low maintenance zones. . Management of grass clippings and vegeta- tive matter ........................ Purpose and intent ...................... Timing of fertilizer application ......... . Training ............................... NANCES FI Annual fire rescue assessments ........ . 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 Old age and survivors' insurance contribu- tion............................... Payment of money Certain ordinances not affected by Code Purchasing Purchasing policy and procedure established ..................... When written bids required; waiver; small purchases, be *1 so 011*014*0 . Stormwater management utility fund.... Section 6-195 6-186 6494 2-76 et seq. 19-313 19 318 19-312 19-323 19-320 19-317 19 315 19-310 19-322 19-316 19-319 19-311 19-314 19-321 18-151 et seq. 2-152 1-7(7) 2-97 2-255 1-7(17) 14-28 1-7(2), (17) 2-151 2-152 19-167 FINES, FORFEITURES AND OTHER PENALTIES Certain ordinances not affected by Code . Code does not affect prior forfeitures, penal- ties, etc............................ Code enforcement citations ............. . 1-9 2-69.1 et seq. Supp. No. 32 3117 WINTER SPRINGS CODE Section FINES, FORFEITURES AND OTHER PENALTIES (Cont'd.) Code violations General penalty; continuing violation; violations as public nuisances.... 1-15 Flood damage prevention Administration Violations Enforcement and penalties ...... 8-62 Penalties for specific acts, omissions, etc. See specific subjects as indexed Repeal of ordinances, effect of ........... 1-8 FIRE AND EMERGENCY MEDICAL SERVICES Inclusion in Seminole County's fire and emergency services MSTU ......... 7-1 FIRE HYDRANTS, See: FIRE PREVEN- TION AND PROTECTION FIRE PREVENTION AND PROTECTION A.,uivai fire rescue assessments ......... 18-151 et seq. See: FIRE RESCUE ASSESSMENT Buildings International Property Maintenance Code Prccrlpticn; Florida P'ttild ttb Code; Florida Fire and Life Safety Code ......................... 6-302 City parks and recreational areas Fires ................................ 17410 Explosives, regulation of ................ 7-27 False alarms prohibited, . 6 M 0 0 & 7-28 Fire alarm systems ..................... 13-51 et seq. See: ALARMS, ALARM SYSTEMS Fire and emergency medical services Inclusion in Seminole County's fire and emergency services MSTU....... 74 Fire hydrants Approval and acceptance by city ...... 7-80 Installation specifications ............ 7-78 Land development Required prior to building on lots... 9-178 Obstruction of hydrants .............. 7-79 On site static water supplies.......... 7-81 Parking near prohibited .............. 12-65 Required ............................ 7-76 Responsibility for provision and maintenance .................... 747 Florida Fire Prevention Code, local amend- ment to Appeal .............................. 7-50 Automatic fire sprinkler systems...... 7-60 Impactfee credits .................... 7-54 Procedure for ........................ 7-46 Hydrants. See herein: Fire Hydrants Open-air burning regulated ............. 7-26 FIRE RESCUE ASSESSMENT Annual fire rescue assessments Adoption of annual rate resolution .... 18-178 Supp. No. 32 3118 Section FIRE RESCUE ASSESSMENT (Cont'd.) Adoption of final assessment resolution 18-176 Authorization for exemptions and hard- ship assistance. . 0 0 1 1 4 0 4 1 V 0 0 6 M 0 0 1 18-184 Correction of errors and omissions .... 18482 Effect of final assessment resolution .. 18-177 General authority., . 6.0 *a M .* 18-171 Initial assessment roll ................ 18-173 Initial proceedings ................... 18-172 Interim assessments ................. 18-183 Lien of fire rescue assessments ....... 18-179 Notice by mail ....................... 18-175 Notice by publication. . 0 0 a 1 0 0 & 18-174 Procedural irregularities ............. 18-181 Revisions to fire rescue assessments .. 18-180 Collection and use of fire rescue assess- ments Alternative method of collection....... 18-202 Government property ................ 18-203 Method of collection .................. 18-201 Definitions................ 1 R_1 ri General findings, . 18-153 General provisions Alternative method .................. 18-212 Applicability ......................... 18-211 Interpretation .......................... 18-152 Legislative determinations of special benefit 18-154 FIREARMS AND WEAPONS Declaration of a state of emergency...... 2-255 Noise disturbances prohibited Specific provisions ................... 13-31(g) FIREWORKS City parks and recreational areas Fireworks; destructive devices; weapons; other potentially dangerous uses . 17-105 Regulation of explosives, . 1 6 1 V 0 6 1 . 0 & I V 0 0 1 7-27 FLOOD DAMAGE PREVENTION Administration Applicability Abrogation and greater restrictions. 8-22 Areas to which this chapter applies, 8-18 Basis for establishing flood hazard areas ........................ 8-19 General ........................... 847 Interpretation 8-23 Other laws ........................ 8-21 Submission of additional data to establish flood hazard areas... 8-20 Coordination with the Florida Building Code........................... 8-14 Disclaimer of liability ................ 8-16 Duties and powers of the floodplain administrator Applications and permits........... 8-26 Designation ....................... 8-24 Floodplain management records .... 8-32 General ........................... 8-25 Inspections ........................ 8-30 CODE INDEX Section Section FLOOD DAMAGE PREVENTION (Cont'd.) FLOOD DAMAGE PREVENTION (Cont'd.) Modifications of the strict applica- Violations tion of the requirements of the Authority ......................... 8-60 Florida Building Code ........ 8-28 Enforcement and penalties**, 8-62 Notices and orders,*. 1 0 P I 1 8-29 Unlawful continuance.............. 8-61 Other duties of the floodplain Violations ........................a 8-59 administrator ................ 8-31 Warning............................. 8-15 Substantial improvement and Definitions ............................. 8-1 substantial damage determina- Flood resistant development tions......................... 8-27 Accessory structures Inspections Provisions of ...................... 8-108 Buildings, structures and facilities Buildings and structures exempt from the Florida Build- Design and construction of build- ing Code, final inspection . . . . . 8-49 ings, structures and facilities Buildings, structures and facilities exempt from the Florida Build - exempt from the Florida Build- ing Code ..................... 8-81 ing Code, lowest floor inspec- Compensatory storage for encroach- tion.......................... 8-48 ments Buildings, structures and facilities Compensatory storage ............. 8-109 exempt from the Florida Build- Manufactured homes ing Code ..................... 8-47 Anchoring.8-92 Development other than buildings El8-93 and structures, ............... 8-46 Elevation ......................... 8 94 General ........................... 8-45 Enclosures ........................ Manufactured homes .............. 8-50 Foundations....................... 8-91 Intent ............................... 8-13 Generale. ... 0 ad 0*4*01 so be @P4*44 so, 8-89 Permits Limitations on installation in flood - Application for a permit or approval 8-36 ways.......... • • • • • • • • • • •' • • • 8-90 Buildings, structures and facilities Utility equipment ................. 8-95 exempt from the Florida Build- Other development ing Code ..................... 8-35 Fences in regulated floodways...... 8-105 Expiration ........................ 8-38 General requirements for other Floodplain development permits or development ................. 5-104 approvals .................... 8-34 Retaining walls, sidewalks and Other permits required . . . . . . . . . . . . 840 driveways in regulated flood - Permits required .................. 8-33 ways......................... 8406 Suspension or revocation........... 8-39 Roads and watercourse crossings in Validity of permit or approval ...... 8-37 regulated floodways........... 8-107 Scope...............................1 8-12 Recreational vehicles and park trailers Site plans and construction documents Permanent placement, 1 0 1 0 1 1 0 1 a I P 1 6 8-99 Additional analyses and certifica- Temporary placement. 6 * I I I I 1 0 1 6 1 1 1 8-98 tions........................0 8-43 Setback standards Information for development in flood Standard for small stream setback . 8-110 hazard areas ................. 8-41 Site improvements, utilities and limita- Information in flood hazard areas tions without base flood elevations Limitations on placement of fill .... 8-88 (approximate zone A)......... 8-42 Minimum requirements ............ 8-84 Submission of additional data ...... 8-44 Prohibition on development in regula- Title................................ 8-11 Variances and appeals tory floodways................ 8-87 Appeals ........................... 8-52 Sanitary sewage facilities .......... 8-85 8-86 Conditions for issuance of variances 8-58 Water supply facilities ............. Considerations for issuance of vari- Subdivisions ances ........................ 8-57 Minimum requirements............ 8-82 Functionally dependent uses ....... 8-56 Subdivision plats .................. 8-83 General ........................... 8-51 Tanks Historic buildings ................. 8-55 Above -ground tanks, elevated, 8-102 Limitations on authority to grant Above -ground tanks, not elevated... 8-101 variances .................... 8-53 Tank inlets and vents .............. 8-103 Restrictions in floodways........... 8-54 Underground tanks ................ 8-100 Supp. No. 32 3119 FLOODPLAIN ADMINISTRATOR. See: FLOOD DAMAGE PREVENTION FLORIDA. See: STATE FLORIDA STATUTES. See: F.S. FOLLOWING, PRECEDING Definitions and rules of construction.... . FOOD AND FOOD ESTABLISHMENTS Mobile food dispensing vehicles......... . FORFEITURE. See: FINES, FORFEITURES AND OTHER PENALTIES FOWL. See: ANIMALS AND FOWL FRANCHISES Certain ordinances not affected by Code . Tax in addition to franchise taxes. . F.S. Definitions and rules of construction.... . CH GAMBLING City parks and recreational areas Alcoholic, beve lges/tobacco products; gambling ....................... GARAGE SALES At-home sales ........................ 1 . GARBAGE AND TRASH Dumpsters ............................ . Prohibitions ............................ Solid waste, .................... See: UTILITIES GAS CODE Buildings Florida building code Electrical, plumbing, mechanical and gas work ..................... WINTER SPRINGS CODE Section N GONGS oise provisions ........................ GOODS, WARES OR MERCHANDISE Declaration of a state of emergency..... . Peddlers and solicitors requirements.... . See: PEDDLERS, CANVASSERS AND 1-2 SOLICITORS GRADES, GRADING 20-650 Certain ordinances not affected by Code . Land development, street grades gener- ally..............................0 18-29 1-2 9-280, 9-281 13-2 19-1 et seq. GAS, GASOLINE Municipal public service 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 Supp. No. 32 3120 GRASS, LEAVES, UNDERBRUSH, ETC. Fertilizers, proper use of Management of grass clippings and vegetative matter ............... Land development requirements re grass II Section 2-255 10-136 et seq. 19-319 9-160 iirilV 1lL1LL�J 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, . I 1 0 a 0 0 1 * I & V 0 0 1 0 0 6 q 0 6 . 0 10-181 HEDGE, S. 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 ...................4 17406 HYDRANTS. See: FIRE PREVENTION AND PROTECTION f IMPACT FEES Florida Fire Prevention Code, local amend- ment to Impact fee credits .................... 7-54 CODE INDEX Section Section IMPACT FEES (Cont'd.) LAND DEVELOPMENT (Cont'd.) Land development Concurrency administration and evalua- Police, fire, parks and recreation facili- tion procedure ties. I* P 4 a 0 a I I 1 0 * I * 0 1 1 0 1 1 * 0 1 1 1 0 0 1 9-391 et seq. Appeal procedures Transportation impact fees ........... 9-386.1 et seq. Appeal notice and hearing ......... 9-541 See: LAND DEVELOPMENT Appeal of city commission.......... 9-542 Notice of appeal ................... 9-540 IMPROVEMENTS. See: PUBLIC WORKS Concurrency administration AND IMPROVEMENTS Concurrency certificate ............ 9-533 IN THE CITY Concurrency review* 1 0 9-531 Definitions and rules of construction..... 1-2 Conditional approvals* 9-532 Development review committee..... 9-530 IN WRITING, WRITTEN Level of service standards (LOS) Definitions and rules of construction..... 1-2 Introduction. I I* a, 0 0 1 a 1 0 1 1 9-510 INDEBTEDNESS OF CITY LOS .............................. 9-513 Certain ordinances not affected by Code . 1-7(2) Parks and recreation LOS.......... 9-514 Potable water LOS ................ 9-511 INDECENCY AND OBSCENITY Solid waste LOS................... 9-512 Adult entertainment establishments, sexu- Storm water LOS.................. 9-515 ally oriented businesses Transportation LOS ............... 9-516 Obscenity, indecent exposure unlawful 10-54 Overview and exemptions INSPECTIONS Application submittal .............. 9-502 Change of use ..................... 9-504 Flood damage prevention ............... 8-30 et seq. Definitions........Pat ............1 9-501 See: FLOOD DAMAGE PREVENTION Demolitions ....................... 9-505 INVENTORIES Purpose of concurrency evaluation.. 9-500 City -owned property inventor 2-192 Transportation facility proportionate P P Y Y .......... p fair -share mitigation program IRRIGATION SYSTEM Applicability 9-547 Reclaimed water system ........... , sold 19-136 et seq. pp y .................. . See: UTILITIES Application process ................ 9-550 Appropriation of fair -share revenues 9-554 Cross jurisdictional impacts ........ 9-555 J Determining proportionate fair -share JOBS GROWTH INCENTIVE GRANT obligation .................... 9-551 PROGRAM General requirements .............. 9-548 Legislative findings. 2-300 Impact fee credit for proportionate Program requirements* 2-305 fair -share mitigation.......... 9-552 Intergovernmental coordination .... 9-549 K Proportionate fair -share agreements 9-553 Purpose and intent ................ 9-546 KENNELS Curbs Zoning regulations ...................... 20-416 Inlets ............................... 9-300 Required improvements .............. 9-223 L Sections, alternate ................... 9-301 Definitions ............................. 9-1 LAKES Design and certification of improvements, Prohibitions. 13-2 responsibility for .................. 9 176 LAND DEVELOPMENT Design standards Alleys. See herein: Streets and Alleys; See Alternate curb sections. 9 301 also herein: Design Standards Classification ........................ 9-146 Blocks. See herein: Lots and Blocks; See Curb inlets .......................... 9-300 also herein: Design Standards Drainage ditch fence is required, when 9-106 Bridges, required improvements ......... 9-205 Driveway entrances .................. 9-229 Building on lots, required improvements Entire tract to be used; landlocked areas to be completed prior to; exception.. 9-178 prohibited ...................... 9-102 Certain data to be submitted prior to Generally ............................ 9-101 installation of improvements . . . . . . . 9-177 Lots and blocks Comprehensive plan .................... 15-26 et seq. Clearing of rights -of -way........... 9 129 See: PLANNING AND DEVELOPMENT General requirements .............. 9-126 Supp. No. 32 3121 WINTER SPRINGS CODE Section LAND DEVELOPMENT (Cont'd.) Lot dimensions; minimum street frontage, . 0 0 4 0 4 1 4 0 a 0 0 a I 1 0 6 1 . 1 1 9-127 Lots not to be divided by municipal boundaries ................... 9-128 Open drainage ditches; storm sewers .. 9-105 Public sites and open spaces, exception 9-103 Septic tanks ......................... 9-107 Streets and alleys Access streets, paving of........... 9-150 Alleys............................. 9-158 Cul-de-sac; dead ends. . ........... 9452 Easements ........................ 9-159 General layout; connections with existing streets ............... 9-153 Grades generally .................. 9-148 Grassing, mulching, sodding ....... 9-160 Half streets ....................... 9-154 Intersections ...................... 9-155 Minimum rights -of -way and paving width . n-1z7 Naming streets .................... 9-298 Paved, streets and alleys to be ..... 9-149 Paving costs. 9451 Paving of access streets............ 9-150 Private streets .................... 9-157 Street names. 9-156 Typical street sections ............. 9-296 Utilities services to be underground, exception ... .................... 9-104 Valley gutters ........................ 9-297 Developer responsibility and control. 9481 Division of land; city commission approval required .......................... 9-2 Drainage Facilities ............................ 9-242 Fence required for ditches, when ...... 9-106 Open drainage ditches; storm sewers .. 9-105 Storm water management ......... , .. 9-241 Driveways Entrances ........................... 9-299 Generally ............................ 9-222 Dumpsters Definitions .......................... 9-280 Minimum screening requirements..... 9-281 Easements Design standards .................... 9-159 Required improvements .............. 9-223 Enforcement and penalties. 9-7 Entire tract to be used; landlocked areas prohibited, 9-102 Exemptions ............................ 9-13 Final development plan, final plat Action on final development plan; expira- tion of approval ................. 9-74 Approval of final plat, . 0 9-77 Bonding procedures .................. 946 Final plat, contents and recording procedures ...................... 9-75 D. No. 32 3122 Section LAND DEVELOPMENT (Cont'd.) Form and contents of final development plan............................ 9-73 Processing of final plans. a & 1 0 0 a 1 4 0 4 4 0 0 9-72 Recording/distribution of the final plat 9-78 When final development plan is to be filed; extension, ................. 9-71 Flaglots ............................... 9-12 Flood damage prevention 84 et seq. See: FLOOD DAMAGE PREVENTION General criteria for approval ............ 9-10 Gutters................................ 9-223 Impact fees Police, fire, parks and recreation facili- ties, . 4 1 4 0 4 V 0 a & 4 0 1 1 V a & 4 0 & I * 1 6 1 0 6 6 9-391 et seq. Transportation impact fees ........... 9-386.1 et seq. Inspections and tests ................... 9-179 Irrigation utilizing reclaimed water system 19-136 et seq. See: UTILITIES Lot splits .............................. 9-11 Lots and blocks Clearing of rights -of -way ............. 9-129 General requirements ................ 9-126 Lot dimensions; minimum street front- age............................. 9427 Lots not to be divided by municipal boundaries ..................... 9428 Maps, engineering plans and plats to be submitted in preliminary and final form.............................. 9-26 Minimum community appearance and aesthetic review standards Application criteria .................. 9-605 Approval prerequisite for permits ..... 9-601 Building permits; enforcement ........ 9-606 Duration of approval ................. 9-604 Minimum standards; compliance with other Code provisions ........... 9-602 Procedure ........................... 9-603 Residential compatibility and harmony regulations ..................... 9-607 Statement of findings and purpose .... 9-600 Monuments ............................ 9-180 Nonconformities Abandonment, .1 pod 14 *1 44 0 1041W 0 6 1.46 9-565 Building and fire codes ............... 9-561 Continuance of lawful uses and structures ...................... 9-562 Definitions .......................... 9-561 Intent............................... 9-561 Lots of record ........................ 9-563 Repairs and maintenance, . 9-566 Rules of interpretation ............... 9-561 Special permit ....................... 9-568 Temporary uses ...................... 9-567 Uses of structures or of structures and premises in combination......... 9-564 Off-street parking and loading Commercial vehicles ................. 9-279 Definitions .......................... 9-276 CODE INDEX Section Section LAND DEVELOPMENT (Cont'dl) LAND DEVELOPMENT (Cont'd.) General provisions for off-street park- Roadway base materials, standards ing. . 0 e 0 1 1 a 6 0 a 0 * I I I * 0 * 0 4 1 * 0 0 0 9 1 1 9-278 for........................... 9-201 Off-street parking requirements ...... 9-277 Streetlights and traffic signs ....... 9-204 Platted property, dividing ............... 9-3 Surfacing of streets, standards for .. 9-202 Police, fire, parks and recreation facilities Utilities; requirements for water and impact fees sewer systems .................. 9-261 Appeal .............................. 9-391.12 Water and sewer systems, require - Applicability and exemptions ......... 9-391.3 ments for ....................... 9-261 Capital expansion plans .............. 9-391.8 Septic tanks............................ 9-107 Credits .............................. 9-391.6 Sewer systems, requirement for ......... 9-261 Definitions .......................... 9-391.2 Sidewalks.............................. 9-221 Generally. . 0 a a I a 6 0 * 0 a I 11a*0VM1dA*#*1b 9-391 Soil, rock, etc., removal ................. 9-8 Levy; purpose ........................ 9-391.1 Streets and alleys Payment of fees ...................... 9-391.5 Access streets, paving of.............. 9-150 Penalty for violation .................. 9-391A1 Alleys .............................. 4 9-158 Refunds ............................. 9-391.9 Classification ........................ 9-146 Trust fund ........................... 9-391.7 Cul-de-sacs; dead ends ............... 9-152 Vested rights ........................ 9-391.10 Easements. .........................1 9-159 Preliminary plan General layout; connections with exist - Action on preliminary and plan by city ing streets ...................... 9-153 council ........................ a 9-47 Grassing, mulching, sodding .......... 9-160 Approval of preliminary plan to be Half streets .......................... 9-154 construed only as authority to Intersections. . * p I I 1 0 0 0 4 1 6 a * 9-155 submit final plan.. ... pad 0 *04 66*0 9-49 Minimum rights -of -way and paving Filling and contents of preliminary map width ........................... 9-147 and plan ........................ 9-46 Naming streets ...................... 9-298 Reasons when preliminary plan is disap- Paved, streets to be .................. 9-149 proved; conditional approval..... 9-48 Paving costs ......................... 9-151 Public sites and open spaces, exception .. 9-103 Paving of access streets .............. 9-150 Replatting ............................. 9-9 Private streets....................... 9-157 Required improvements Required improvements Adequate access to building sites ..... 9-178 Right -turn deceleration lanes. 9-206 Bridges .............................. 9-205 Roadway base material, standards Building on lots, required improve- for ........................... 9-201 ments to be completed prior to; Street markers .................... 9-203 exceptions ...................... 9-178 Streetlights and traffic signs....... 9-204 Certain data to be submitted prior to Surfacing of streets, standards for .. 9-202 installation of improvements..... 9-177 Roadway base materials, standards for 9-201 Curbs, gutters, easements ............ 9-223 Street grades, generally ............. 1 9-147 Developer responsibility and control... 9-181 Street markers. . a 4 1 1 64 **Pad 6 9-203 Drainage Street names ........................ 9-156 Drainage facilities ................. 9-242 Streetlights and traffic signs.......... 9-204 Storm water management.......... 9-241 Surfacing of streets .................. 9-202 Driveways ........................... 9-222 Typical street sections................ 9-296 Fire hydrants in operation............ 9-178 Town center zoned property ............. 9-14 Inspections and tests....,*... dead .... 9-179 Transportation impact fees Monuments ......................... 0 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, a I a a 0 a 1 0 0 * p 41 16*01, 9-386.10 tion of improvements............ 9-176 Independent impact fee calculation.... 9-386.8 Sidewalks ........................... 9-221 Intent and purpose................... 9038602 Streets Penalty. . I I a 0 0 * 0 V 1 0 4 0 1 1 6 * 0 1 a 1 4 0 . I I 1 0 4 9-386.20 Markers ......................... 1 9-203 Presumption of maximum impact ..... 9-386.9 Right -turn deceleration lanes deed .. 9-206 Return of funds.., ................... 9-386.18 Supp. No. 32 3123 LAND DEVELOPMENT Wont'do Review.............................. Road impact fees Collection of fee assessments ...... . Determination of ................. . Rate schedule ..................... Total road impact fee calculations . . Rules of construction, . Short title ........................... Site -related road improvements ...... . Trust fund, establishment of......... . Use of funds collected ............... . Vested rights ........................ Uniform building numbering system.... . See: BUILDINGS Urban beautification, . See: URBAN BEAUTIFICATION Utilities Services to be underground, exception. Water and sewer systems, require- ments for ....................... Valley gutters .......................... Variances .............................. Appeals from granting of ............ . Vested rights Appeals............................. Application for special use permit..... Determining, standards for .......... . Intent............................... Limitations on determination, 1 0 a 6 h V I . Waiver to engineering development plan requirements ...................... Water and sewer systems, requirements for................................ Zoning regulations. See: ZONING LANDSCAPE IRRIGATION. See: WATER CONSERVATION AND LANDSCAPE IRRIGATION LIABILITY Flood damage prevention Administration Disclaimer of liability, . LICENSES AND PERMITS Adult entertainment establishments, sexu- ally oriented businesses............ See: ADULT ENTERTAINMENT ESTABLISHMENTS, SEXUALLY ORIENTED BUSINESSES Awnings, permit for erection over sidewalks See: STREETS AND SIDEWALKS Dance hall permit ..................... . Excavation permit ...................... Fences, walls, hedges, permits . . . . . . . . . . . Industrial wastewater contribution permit Minimum community appearance and aesthetic review standards Approval prerequisite for permits .... . Supp. No. 32 WINTER SPRINGS CODE Section Section LICENSES AND PERMITS (Cont'd.) 9-386.19 Building permits. 0 4 0 4 0 &blow 9-606 Nonconformities 9-386.16 Special permit ....................... 9-568 9-386.6 Pain management clinics. 6 1 V rest* 10-181 9-386.7 Peddlers and solicitors permit ........... 10-136 et seq. 9-386.8 See: PEDDLERS, CANVASSERS AND 9-386.3 SOLICITORS 9-386.1 Permits ................................ 8-33 et seq. 9-386.13 See: FLOOD DAMAGE PREVENTION 9-386.15 Sign permit ............................ 16-53 et seq. 9-386.17 See: SIGNS AND ADVERTISING 9-386.12 Street and sidewalk permit ............ 4 17-1 et seq. 9-370 et seq. See: STREETS AND SIDEWALKS Tree removal, land clearing permit ...... 5-4 et seq. 2-76 et seq. Vested rights special use permit ......... 9-402 LIENS 9-104 Code enforcement Duration of lien ...................... 2-64 9-261 Filing of liens ........................ 2-63 9-297 fire rescue assessment 9-5 Annual fire rescue assessments 9-6 Lien of fire rescue assessments ..... 18479 Public nuisance abatement board........ 13-76 9-402(b) LTOTTOR,. Saes AT,COT40T,TC BEVE-RAGES 9-402(a) 9-403 LITTERING 9-401 City parks and recreational areas 9-404 Pollution and litter, 17403 Nuisance provision ..................... 13-2 9-4 Streets, sidewalks, etc., littering......... 17-28 9-261 LOCAL IMPROVEMENTS. See: PUBLIC 20-1 et seq. WORKS AND IMPROVEMENTS LOUDSPEAKERS Noise disturbances prohibited Specific provisions ..................0 13-31(b) M MANUFACTURED HOMES Flood damage prevention ........... 8-50 et seq. 8-16 See: FLOOD DAMAGE PREVENTION MAPS. See: SURVEYS, MAPS AND PLATS 10-58 et seq. MAY, SHALL Definitions and rules of construction..... 1-2 MAYOR 17-51 et se Election proclamation ................... 2-82 q• MECHANICAL CODE 10-111 Buildings 17-76 Florida building code 6- Electrical, plumbing, mechanical and 19-52 52 gas work ..................... 6-101 MERCHANDISE. See: GOODS, WARES OR 9-601 MERCHANDISE 3124 CODE INDEX Section Section MINORS MOTOR VEHICLES AND TRAFFIC (Cont'd.) Adult entertainment establishments, sexu- Intersections ally oriented businesses Fences, etc., limitations re ............ 6-191 Unlawful provisions., 1. a 0 to *to I,** *I a 10-87 Land development requirements ...... 9-155 Alcoholic beverage sales near schools Obstructions ......................... 17-30 prohibited ........................1 3-2 Stop intersections Secondhand precious metals, dealing with Certain ordinances not affected by persons under age eighteen years Code. 0 1 6 4 . 4 1 a * 0 1 1 0 1 1 1 6 0 1 1 1 0 0 1 1-7(14) prohibited. ..I..................... 10-155 Land development MOBILE HOMES AND MOBILE HOME Off-street parking and loading ........ 9-276 et seq. See: LAND DEVELOPMENT PARKS Mobile homes to be parked in mobile home Zoning regulations for trailers and mobile parks; exception .................. a 12-70 homes ............................ 20-91 et seq. Noise disturbances prohibited See: ZONING Motor vehicle noise generally. 13-44 g Y......... MONTH Specific provisions Definitions and rules of construction..... 1-2 Model vehicles.. 13-31(h) Vehicle and boat repairs ........... 13-31(e) MONUMENTS Off-street parking and loading Land development monuments. 9-180 Generally ............................ 12-69 MOTELS. See: HOTELS AND MOTELS Land development requirements ...... 9-276 et seq. See: LAND DEVELOPMENT MOTOR VEHICLES AND TRAFFIC Zoning regulations ................... 20-128 et seq. Abandonment See: ZONING Prohibited..''..., 0*1 12-53 One-way streets Adoption of state law ................... 12-2 Certain ordinances not affected by Code 1-7(14) Buses Parking, stopping and standing Stands, use of.,... 12-68 Bus, taxi stands, use of............... 12-68 Citations Chief of police, powers and duties re Alteration or destruction ............. 12-32 parking of vehicles.............. 12-27 Failure to obey ....................... 12-31 Cleaning, repairing vehicles on roadway 12-66 Issuance. I I a 0 0 1 1 a 6 4 0 12-29 Land development requirements for off - City parks and recreational areas ....... 17-102 street parking and loading....... 9-276 et seq. Cleaning, repairing vehicles on roadway . 12-66 See: LAND DEVELOPMENT Definitions ............................. 12-1 Loading or unloading zones........... 12-69 Fines for violations ..................... 12-30 Mobile homes to be parked in mobile Flood damage prevention home parks; exception........... 12-70 Flood resistant development No -parking areas Recreational vehicles and park trail- Certain ordinances not affected by ers Code. 0 1 1 * 0 1 a 0 0 * I * 0 * I a 1 0 a 1 0 1 1 a 1-7(14) Permanent placement ........... 8-99 Obedience to signs, markings ......... 12-67 Temporary placement ........... 8-98 Off-street parking and loading Food dispensing vehicles, mobile......... 20-650 Land development requirements.... 9-276 et seq. Golf carts, operation of See: LAND DEVELOPMENT Definitions .......................... 12-71 Zoning regulations................. 20-128 et seq. Enforcement. 12-77 See: ZONING Inspection and registration of golf carts Prohibitions, generally ............... 12-65 required*. to 1 60*1 a 0 1 1 0 9 1 1 1 0 0 1 1 0 12-75 Stop intersections Insurance required ................... 12-76 Certain ordinances not affected by Required equipment .................. 12-74 Code......................... 1-7(14) Restrictions .......................... 12-73 Police department Use of golf carts on designated roadways 12-72 Chief of police, duties and powers of re Gongs, sirens on vehicles, noise provisions 13-32 operation and parking of vehicles 12-27 Handbill distribution on or in vehicles ... 16-28 Citation Impoundment Alteration or destruction of ........ 12-32 Impoundment of motor vehicles used to Failure to obey .................... 12-31 facilitate certain misdemeanor Issuance of ........................ 12-29 crimes and parking and traffic Referral of parking violations to hear-, regulations ..................... 12-100 ing officer.................... 12-33 Supp. No. 32 3125 MOTOR VEHICLES AND TRAFFIC (Cont'a.) Duties to regulate motor vehicles and traffic .......................... Fines for violations ................... Traffic violation bureau, powers and duties of, 0 a 0 0 0 1 4 0 1 6 1 4 0 4 & 1 0 0 4 Red light code enforcement infraction Definitions .......................... Law Consistency with state law, . Implementation of general law .... . Legislative findings and intent/purpose Red light traffic control signals, adher- enceto ......................... Review of recorded images........... . Signage ............................. Traffic infraction detectors, use of.... . Uniform traffic citation .............. . Violations Notice of violation ................ . Violation, 0 4 1 4 0 & 6 V 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. 4 . Taxicabs Passenger rates Certain ordinances not affected by Code......................... Stands, use of ........................ Traffic violation bureau, powers and duties Traffic -control signs, signals and devices Certain ordinances not affected by Code Land development; streetlights and traf- fic signs ........................ Obedience to, . 0 Red zone infractions. See herein: Red Light Code Enforcement Infrac- tion Truck routes Certain ordinances not affected by Code Violations, fines for ................... 0 . 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 WINTER SPRINGS CODE Section MUSICAL INSTRUMENTS Noise disturbances prohibited 12-26 Specific provisions .................. . 12-30 N 12-28 NOISE 12-82 City parks and recreational areas Noise and other conduct ............. . 12-90 Definitions ............................. 12-85 Designation of noise sensitive zones .... . Emergency exception ........... . 12-80 Immediate threat to health and welfare. . Lead agency or official ................. . 12-83 Maximum permissible sound levels by 12-86 receiving land use ................. 12-89 Motor vehicle noise ..................... 12-81 Noise control officer 12-88 Powers .............................. Noise disturbances prohibited 12-87 Generally, & q 0 0 6 1 1 0 * I I * * I I I I . 1 6 6 . I I I . . 12-84 Specific provisions .................. . 12-51 Notice of violation. . Other remedies ......................... Penalties ............................... 13-62 Purpose and scope ...................... Required measurement procedures ..... . 1-7(14) Standardized measurements required.... 12-52 Variances Special event variances ............... Variances for time to comply......... . NUDITY 1-7(13) Nudity prohibited upon alcohol licensed 12-68 premises and bottle clubs ......... . 12-28 1-7(14) 9-204 12-67 1-7(14) 12-30 12-33 12-69 20-431 et seq. Supp. No. 32 3126 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 ..................... 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. 0 . NUMBER Definitions and rules of construction.... . Section 13-31(a) 17-112 13-27 13-43 13-32 13-41 13-28 13-3 13-51 et seq. 13-1 13-5 13-26 et seq. 13-4 13-2 13-70 et seq. 1-2 CODE INDEX Section Section O P OATH, AFFIRMATION, SWEAR OR SWORN PAIN MANAGEMENT CLINICS Definitions and rules of construction..... 1-2 Requirements .......................... 10-181 PARKS AND RECREATION OBSCENITY. See: INDECENCY AND OBSCENITY Adult entertainment establishments, sexu- ally oriented businesses OFFENSES Prohibited locations*.. 6600 0*011, 10-101 Assessment and collection of court costs; City parks and recreational areas Airsoft and paintball guns; bb guns ... 17-117 use ............................... 11-2 Alcoholic beverages/tobacco products; Certain ordinances not affected by Code . 1-7(1) gambling. 17-108 Civil infractions, schedule of ............ 2-69A Bathing; swimming; scuba diving . . f Y . 17-118 Code does not affect prior offenses, etc... 1-9 Camping and sleeping. ........... 17-111 Repeal of ordinances, effect of. 1 0 0 0 0 0 1 1 1-8 Definitions .......................... 17-100 State misdemeanors adopted; penalty.... 11-1 Domestic and other animals ...... , ... 17-107 Tree prohibitions ....................... 5-10 Enforcement; penalties ............... 17-123 Trespass. 11-3 Fees................................. 17-121 Fires ................................ 17-110 OFFICERS AND EMPLOYEES Fireworks; destructive devices; weapons; Background screening. 14-3 other potentially dangerous uses, 17-105 Building inspector ...................... 6-5 et seq. Glass containers. 17-116 See: BUILDINGS Horseback riding. 17-119 Certain ordinances not affected by Code . 1-7(18) Hours of operation and general use ... 17-101 City clerk —Supervision by city manager. 14-2 Hunting/wildlife preservation .and Code enforcement officers. 2-67 et seq. conservation*.. 644 04, 1 6 4 6 0 4 17-106 Code violations Injuring, interfering with, etc., build - General penalty; continuing violation; ings and other property ......... 17-114 violations as public nuisance..... 1-15 Interference with personnel/park opara- Definitions and rules of construction..... 1-2 tions ................ .......... _ . 1 i -115 Duties and powers of the floodplain Noise and other conduct. 1 0 1 1 1 1 41401-1 17412 administrator ..................... 8-24 et seq. Peddling/distribution of materials .... I 1 17-:113 See: FLOOD DAMAGE PREVENTION Pollution and litter, .11 64 totem It A b,ob'' 17-103 Election supervisor. 2-81 Preexisting rules; conflicts with rules . 17-122 Promulgation of rules ................ 17-120 Emergency management director ........ 2-253 et seq. Removal of natural resources .......... 17-104 Noise control officer .................... 13-29 Suspension of use of city park ........ 17-124 Old age and survivors' insurance Traffic ............................... 17-102 Adoption of title II social security act . 14-30 Trespass* I 1 0 1 4 4 1 1 4 1 0 1 0 1 1 1 6 a 0 1 4 1 1 1 1 17-109 Contribution ......................... 14-28 Concurrency administration and evalua- Custody of fund ...................... 14-31 tion procedure Execution of agreement .............. 14-27 Level of service standards (LOS) for Extension of benefits ................. 14-26 parks and recreation. 9-514 Record .............................. 14-29 Land development Pension plan Impact fees (police, fire, parks and Adopted ............................. 14-51 recreation facilities). 0 1 6 0 1 1 0 b I I 1 6 9-391 et seq. Board of trustee ..................... 14-52 Parks and recreation advisory committee Personnel rules or regulations Creation; composition; appointment of Certain ordinances not affected by Code 1-7(11) members ....................... 245 Policy, rules and regulations........*.... 14-1 Purpose and duties................... 2-46 Recall of elected officials ................ 2-26 Public grounds Definitions and rules of construction. 1-2 OFFICIAL TIME Use of city athletic facilities; fees ........ 2-2 Definitions and rules of construction..... 1-2 PEDDLERS, CANVASSERS AND SOLICI- OLD AGE AND SURVIVORS INSURANCE, TORS See: OFFICERS AND EMPLOYEES Alcoholic beverage vendors in town center 3-3 At-home sales .......................... 10-137 OPEN-AIR BURNING City parks and recreational areas Regulated .............................. 7-26 Peddling/distribution of materials..... 17-113 Supp. No. 32 3127 WINTER SPRINGS CODE Section PEDDLERS, CANVASSERS AND SOLICI- TORS (Cont'd.) Transient or itinerant solicitors; permit required; prerequisite to issuance... 10-136 PENSIONS AND RETIREMENT Officers' and employees' pension plan loll 14-51 et seq. See: OFFICERS AND EMPLOYEES PERFORMANCE BONDS. See: BONDS, SURETY OR PERFORMANCE PERSON Definitions and rules of construction..... 1-2 Noise provisions ........................ 13-33 PLANNING AND DEVELOPMENT Comprehensive plan Adopted ............................. 15-26 et seq. Compliance .........................1 1 5-2 7 Distribution of copies, V 4 1 1 1 1 4 1 4 0 1 1 1 1 1 1 15-29 Comprehensive plan amendments Advertisement of public hearing loll.. 15-39 Application deadline ................. 15-32 Authority, purpose and intent......... 15-30 City commission public hearing process 15-38 E££ L vcuess o£ tiic adopicd amcad- ment........................... 15-43 Initiation of amendments. & I 1 0 4 0 a 0 a 6 1 V 15-31 Local planning agency review and recom- mendation ...................... 15-37 Review Criteria ........................... 15-36 Procedure ........................0 15-35 Transmittal of adopted amendment to state land planning agency loll.. 15-42 Flood resistant development ............ 8-81 et seq. See: FLOOD DAMAGE PREVENTION Impact fees Police, fire, parks and recreation facili- ties ............................. 9-391 et seq. Transportation facilities .......... love 9-386 et seq. Land development., 9-1 et seq. See: LAND DEVELOPMENT Tree protection and preservation Protection during development, construc- tion; periodic inspection ......... 5-14 Zoning regulations generally. 20-1 et seq. See: ZONING PLATINUM Secondhand precious metals ............. 10-151 et seq. See: SECONDHAND PRECIOUS METALS PLATS. See: SURVEYS, MAPS AND PLATS PLAYGROUNDS Prohibitions ............................ 13-2 PLUMBING Buildings Supp. No. 32 3128 Section PLUMBING (Cont'd.) Florida building code Electrical, plumbing, mechanical and gas work ..................... 6-101 Cross -connection control, backflow preven- tion ..............................0 19-151 et seq. See: UTILITIES POLICE DEPARTMENT Emergencies, police ..................... 2-262 Land development Impact fees (police, fire, parks and recreation facilities) ............. 9-391 et seq. Traffic responsibility, 1 0 a 0 6 1 12-26 et seq. See: MOTOR VEHICLES AND TRAF- FIC POLITICS. See: ELECTIONS PRECEDING, FOLLOWING Definitions and rules of construction..... 1-2 YiLr;tlOUS 1Vlr;11'ALS. See: SL+'(;ONDHAlVll PRECIOM US ETALS PRISONS AND PRISONERS Code violations General penalty; continuing violation; violation as public nuisance...... 1-15 PROCEEDINGS. See: SUITS, ACTIONS AND OTHER PROCEEDINGS PROPERTY Abandoned property, disposition by city .. 2-1 City -owned personal property Definition ........................... 2-191 Disposal of surplus property.......... 2-194 Identification; records; inventory ...... 2-192 Property supervision and control...... 2-193 Surplus property, disposal of.......... 2-194 Definitions and rules of construction..... 1-2 Fire rescue assessment Collection and use of fire rescue assess- ments Government property .............. 18-203 Handbill distribution upon residential property prohibited without consent of owner .......................... 16-27 International Property Maintenance Code 6-300 et seq. See: BUILDINGS PUBLIC NUISANCE ABATEMENT BOARD Appeal ................................. 13-77 Creation of the public nuisance abatement board ............................. 13-71 Definitions ............................. 13-72 Enforcement procedures ................ 13-75 Intent and purpose ..................... 13-70 Penalties; fines; liens; recording V ....... 0 13-76 Powers; duties; jurisdiction, V I 1 0 4 0 1 0 6 a 6 1 4 13-74 CODE INDEX Section Section PUBLIC PLACES. See: STREETS AND SECURITY ALARM SIDEWALKS Provisions generally .................... 13-51 et seq. See: ALARMS, ALARM SYSTEMS PUBLIC SERVICE TAX. See: TAXATION SEMINOLE COUNTY, See: COUNTY PUBLIC WORKS AND IMPROVEMENTS Code violation SEPTIC TANKS Penalty by labor on city works ........ 1-15 Land development, septic tank require - Land development required improve- ments ............................. 9-107 ments ............................. 9-176 et seq. Tanks........................ 8-100 et seq. See: LAND DEVELOPMENT See: FLOOD DAMAGE PREVENTION Local improvements Wastewater system, private septic tanks Certain ordinances not affected by Code 1-7(8) re. . M * 0 0 0 1 1 4 0 q I 1 0 0 V 1 6 0 * . I * 9 * 1 6 0 4 0 1 a 19-29 PURCHASING. See: FINANCES SEVERABILITY Severability of parts of Code ............ 1-13 R SEWERS. See: UTILITIES RADIOS SHALL, MAY Noise provisions'. 13-33 Definitions and rules of construction..... 1-2 RATIONING SHRUBBERY. See: TREES AND SHRUB - Declaration of a state of emergency...... 2-255 BERY RECLAIMED WATER SYSTEM, See: UTILI- SIDEWALKS. See: STREETS AND TIES SIDEWALKS RECREATION. See: PARKS AND SIGNATURE, SUBSCRIPTION RECREATION Definitions and rules of construction..... 1-2 RETIREMENT. See: PENSIONS AND SIGNS AND ADVERTISING RETIREMENT 911 emergency response system ......... 16-61 Applications; permit fees; review period; ROCKS approval criteria; appeals .......... 16-54 Land development rock removal ......... 9-8 Building permit required. . 6 0 . 0 1 16-53 RUMMAGE SALES Construction and maintenance standards 16-59 At-home sales. 10-137 Definitions ............................. 16-51 Exemptions from permit requirements. q 1 16-55 Handbills and procedures, distribution of S Aiding and abetting prohibited........ 16-29 Exemptions from provisions .......... 16-30 SCHOOLS Findings of fact Adult entertainment establishments, sexu- ................ ally oriented businesses Granting of variaancesntes .....16-31 16- ........... Residential property, distribution upon Prohibited locations .................. 10-101 prohibited without consent of Alcoholic beverage sales prohibited near . 3-2 owner ......................... 0 16-27 Zoning Supplemental district regulations Vehicles in public places, distribution 16-28 Public, private and charter school on or in prohibited .............. 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........................... 12-89 Definitions'' 10-151 Nonconforming signs ................... 16-56 Minors Prohibited signs ........................ 16-57 Dealing with persons under age eighteen Purpose and intent 1 .................... 16-52 years prohibited ................ 10-155 Skateboarding, roller skating, etc. Storage of articles during waiting period. 10-154 Prohibition signs. 1 1 6 4 1 1 4 0 1 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 Supp. No. 32 3129 SIGNS AND ADVERTISING Went'd.) Changeable copy signs; electronic mes- sage centers .................... Enforcement ......................... Generally, 0 6 Implied consent, Limitations on certain on -premises signs including attached to buildings . . Outdoor display/billboards Off -premises signs prohibited ..... . Severability, .......................... Special supplemental regulations for properties located on State Road 434 ............................. Supplemental sign regulations ....... . Viewpoint neutral .................... Weather......... .................... Supplemental temporary sign require- ments, I q 0 0 6 q 0 0 h q 0 0 6 1 1 0 1 Traffic signs ............................ Urban beautification. . . gee: U1�1�A1V ilhAlll'll'_'ll:H'1'lU1V Waiver, WINTER SPRINGS CODE Section STORAGE Flood damage prevention 16-81 Flood resistant development 16-89 Compensatory storage for encroach- 1646 ments 16-90 Compensatory storage........... Temporary storage structures ........... 16-80 16-82 16-79 16-91 16-88 16-60 12-67 2-76 et seq. SILVER Secondhand precious metals, . 6 1 0 1 0 1 0 0 0 1 1 10-151 et seq. See: SECONDHAND PRECIOUS METALS SIRENS Noise provisions ........................ 13-32 SKATEBOARDING, ROLLER SKATING, ETC. Prohibition; signs ....................... 13-62 SLOT MACHINES, DEVICES Prohibited; exceptions .................. 10-115 SODDING Land development requirements......... 9-160 SOIL Land development soil removal.......... 9-8 SOLICITORS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS SPRINKLER SYSTEMS Automatic fire sprinkler systems Florida Fire Prevention Code, local amendment to .................. 7-60 STAGNANT WATER 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- mentto ........................... 7-46 et seq. See: FIRE PREVENTION AND PROTECTION Supp. No. 32 3130 Section 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 ............ 1-15 Dedicating, naming, establishing, etc., streets Certain ordinances not affected by Code 1-7(5) Definitions and riilaa of ennstrnrtinn .... 1 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 ...................... 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, . I I v 1 0 A 6 v 0 0 * a v 4 0 4 1 4 0 0 a M v 16-29 Intersections, obstruction of vision at.... 17-30 Land development requirements for streets, alleys, bridges, etc, ................ 9-146 et seq. See: LAND DEVELOPMENT Littering Generally, . 0 1 1 9 0 d 0 1 0 0 0 1 1 0 0 6 6 13-2 Prohibited ........................... 17-28 Locating, opening, paving, etc., streets Certain ordinances not affected by Code 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 . 1749 Generally ........................1 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 CODE INDEX Section STREETS AND SIDEWALKS (Cont'd.) 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 ..............................4 17-52 Required; application . . . . . . . . . . . . . . 17-51 Transportation impact fees. 1 0 1 4 6 1 4 0 1 1 4 1 4 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 Widening, vacating, etc., streets Certain ordinances not affected by Code 1-7(5) SUBDIVISIONS Certain ordinances not affected by Flood damage prevention Flood resistant development Subdivisions Minimum requirements. 8-82 Subdivision plats. 8-83 Land development ...................... 9-1 et seq. See: LAND DEVELOPMENT Zoning regulations generally ............ 20-1 et seq. See: ZONING SUBSCRIPTION, SIGNATURE Definitions and rules of construction..... 1-2 SUITS, ACTIONS AND OTHER PROCEED - Repeal of ordinances, effect of. 1 0 4 1 1 a 1 0 4 1 1-8 SURETY BONDS. See: BONDS, SURETY OR PERFORMANCE SURVEYS, MAPS AND PLATS Certain ordinances not affected by Code . 1-7(10) Land development platting requirements 9-1 et seq. See: LAND DEVELOPMENT Zoning map Certain ordinances not affected by Code 1-7(15) Working maps and procedures. 20402 SWEAR OR SWORN. See: OATH, AFFIRMA- TION, SWEAR OR SWORN SWIMMING City parks and recreational areas Bathing; swimming; scuba diving ..... 17-118 SWIMMING POOLS Buildings Section SWIMMING POOLS (Cont'd.) Florida building code Electrical, plumbing, mechanical and gas work ..................... 6401 Conflict with deed restrictions........... 6-223 Contractor's qualifications .............. 6-214 Definitions ............................. 6-211 Florida Building Code .................. 6-210 Inspections ............................. 6-213 Nuisances.............................. 6-222 Permit, application; plans and specifica- tions .............................. 6-212 Pool removal ........................... 6-220 Yards .................................. 6-219 T TAXATION Amival fire rescue assessments ......... 18-151 et seq. See: FIRE RESCUE ASSESSMENT Certain ordinances not affected by Code . 1-7(7) Fire and emergency medical services Inclusion in Seminole County's fire and emergency services MSTU ...... 0 7-1 Local business tax receipts Limitation on term; half -year receipts . 10-28 Local business tax receipts established 10-29 Receipt year established. 10-27 Transfer of receipt ................... 10-30 Local improvements assessments Alternative method .................. 18-94 Assessed areas and advisory commit- tees Creation of advisory committees .... 18-55 Definition of assessed areas........ 18-54 Landowner petition process ........ 18-56 Collection of assessments Alternative method of collection. 18-82 Government property .............. 18-84 Method of collection ............... 18-81 Responsibility for enforcement ..... 18-83 Definitions .......................... 18-51 General findings ..................... 18-53 Interpretation; title and citation ...... 18-52 Issuance of obligations Anticipation notes. 18-89 General authority ................. 18-85 Refunding obligations. 18-93 Remedies of holders ............... 18-92 Taxing power not pledged .......... 18-90 Temporary obligations ............. 18-88 Terms of the obligations ........... 18-86 Trust funds ....................... 18-91 Variable rate obligations. 18-87 Local improvement assessments Adoption of final local improvement assessment resolution......... 18-62 Annual local improvement assess- ment resolution .............. 18.63 Authority ......................... 18-57 Supp. No. 32 3131 TAXATION (Confd.) Correction of errors and omissions.. Effect of local improvement assess- ment resolutions ............. Initial local improvement assess- ment resolution .............. Lien of assessments ............... Local improvement assessment roll. Notice by Mail, 4 0 0 0 4 6 4 4 1 0 6 1 V 4 0 a I l 0 0 0 Publication .................... . Procedural irregularities .......... . Revisions to ....................... Related service assessments Adoption of final related service assessment resolution......... Annual related service assessment resolution .................... Authority ......................... Correction of errors and omissions.. Effect of related service assessment. resolutions ................... Initial related service assessment resolution .................... Lien of assessments .............. . Notice by Mail............................ Publication .................... . Procedural irregularities .......... . Related service assessment roll.... . Revisions to related service assess- ments, a 0 9 6 1 V 0 0 0 1 q 0 1 4 1 4 0 4 6 Municipal public service tax Collection by seller, . . Exemptions .......................... Interest and penalties ............... . Levy................................ Rights -of -way permit fee election..... . Seller's records, 0 1 1 0 6 1 1 0 0 1 1 V 4 0 4 1 1 0 Municipal service benefit units Approval of inclusion of certain proper- ties in Little Lake Howell MSBU Little Lake Howell Municipal Service Benefit Unit Term................................ TAXICABS. See: MOTOR VEHICLES AND TRAFFIC WINTER SPRINGS CODE Section TERRITORY 18-68 Annexations Certain ordinances not affected by Code 18-64 THEATERS 18-58 Adult entertainment establishments .... . 18-65 See: ADULT ENTERTAINMENT 18-59 ESTABLISHMENTS, SEXUALLY ORIENTED BUSINESSES 18-61 TOBACCO AND TOBACCO PRODUCTS 18-60 City parks and recreational areas 18-67 Alcoholic beverages/tobacco products; 18-66 gambling ....................... TRAFFIC. See: MOTOR VEHICLES AND 18-74 TRAFFIC TRAILERS. See: MOBILE HOMES AND 18-75 MOBILE HOME PARKS 18-69 18-80 TRASH, See: GARBAGE AND TRASH 18-28 18-27 18-30 18-26 18-31 18-29 18-220 18-221 TELEGRAPH Public service tax ....................... 18-26 et seq. See: TAXATION TELEPHONES Emergency telephone number ........... 13-55 Public service tax ....................... 18-26 et seq. See: TAXATION TELEVISION Dish antenna, . 6-83 Supp. No. 39 3132 'TREES AND SHRUBBERY Land development Clearing rights -of -way of trees ....... . Proper use of fertilizers ................ . See: FERTILIZERS, PROPER USE OF . treets, removal of trees and shrubbery on Tree protection and preservation Applicability, ....................... . 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, a 0 4 0 6 l 0 0 1 1 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, 1 0 4 0 4 1 4 0 & 1 0 0 1 4 Section 10-55 et seq. 9-129 19-310 et seq. 17-28 5-1 5-19 CODE INDEX Section Section TREES AND SHRUBBERY (Cont'd.) UTILITIES (Cont'dJ Waivers; incentive program and appeals 5-16 Service procedures, regulations ....... 19-139 Promulgation, enforcement of ...... 19439 TRESPASSING Septic tanks Conditions constituting trespassing...... 11-3 Private septic tanks re wastewater Utility protection, enforcement system ......................... 19-29 Trespass, added 0 V, 6 0 a I * 0 o a 6 0 1 4 0 0 1 a 0 * 1 19-303 Sewers. See herein: Wastewater System Solid waste U Garbage service to be provided for certain tenants ................. 19-1 URBAN BEAUTIFICATION Solid waste collection and disposal City manager's duties; use of existing city authority; establishment of civil boards and committees. . a 1 0 a I I told* 2-77 citation penalty for violations .... 19-3 Master beautification plan; recommends- Solid waste services; rates; penalties tions to city commission............ 2-78 and enforcement for nonpayment 19-2 Purpose and intent ..................... 2-76 Stormwater management utility UTILITIES Adjustment of fees .................... 19-166 Charges. See herein: Rates, Fees and Billing, payment, pe.rralties, enforce: Charges ment.................... 19-165 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- 75 Administration ........... 19453 ings ............................ 19-163 ... Backflow prevention devices Fee created ......... . .............. ... 19-1 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- ties. Industrial, commercial, construction ............................ 19-156 activities; stormwater discharges from. 19-170.5 Inspection and testing, right of access. 19454 Inspection,om. monitoring for compliance, Intent ............................... 19-150g P Manual adopted by reference; compli- operational maintenance ........ 19-173 ante required ................... 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 from. 19-172 Flood resistant development ............ 8-f 84 et seq. 19-169 See: FLOOD DAMAGE PREVENTION Prohibited acts, generally* . 0 V 1 0 V * 4 1 % 0 . Land development Purpose;intent ...................... 19-161.5 Rates, schedule of*., ................. 19-164 Utilities services to be underground, exception ....................... 9-104 Stormwater management utility fund . 19-167 Water and sewer systems, require- Title ................................ 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 .......................... 19-3 00 See: FERTILIZERS, PROPER USE OF Right of entry of authorized agents, Public service tax. ...................... 18-26 et seq. employees...................... 19-301 See: TAXATION Tampering with city utility system .... 19-302 19-303 Rates, fees and charges Trespass. add 11 0*1*004 *1 dead Pat*, be, 64 Wastewater systems . a a o I & 0 1 0 V 1 6 0 1 4 0 4 19-91 et seq. Wastewater system See herein: Wastewater System Accidental discharge protection ....... 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 ................... 19-138 Definitions .......................... 19-26 Routing and construction ............. 19-137 Discharges prohibited ................ 19-71 Supp. No. 32 3133 WINTER SPRINGS CODE UTILITIES (Cont'd.) Section V Section Enforcement ........................4 19-53 Enforcement board .................. 0 19-30 VEHICLES. See: MOTOR VEHICLES AND Fees. See herein: Rates, Fees and TRAFFIC Charges Industrial wastewater contribution VENDORS. See: PEDDLERS, CANVASS - permit .. . ....................... 19-52 ERS AND SOLICITORS Inspection and monitoring ............ 19-51 VOTES, VOTING. See: ELECTIONS Penalties and charges. 19-31 Pretreatment ........................ 19-73 Private septic tanks. 0 4 19-29 W Public sewers, required use of ........ 19-28 Rates, fees and charges WALLS. See: FENCES, WALLS, HEDGES Annual rate review ................ 19-99 AND ENCLOSURES Appeals ........................... 19-98 Application requirements .......... 19-100 WARES. See: GOODS, WARES OR Billing, payment, delinquency ...... 19-97 MERCHANDISE Conservation methods ............. 19-94 WARRANTS. See: WRITS, WARRANTS AND Definitions ........................ 19-91 OTHER PROCESSES Intent, 1 0 0 1 19-92 Office hours ....................... 19-101 WASTEWATER 5Pn• TTTTT TFrrr, Q Penalties and charges .............. 19-31 Policy for bill adjustments for WATER AND SEWERS. See also: UTILI- unexplained excessive use..... 19-98.5 TIES Revenue .......................... 19-95 Concurrency administration and evalua- Sewerage revenue generation system tion procedure Accountant certification of Level of service standards (LOS) ...... 9-510 et seq. adequate maintenance ..... 19-129 See: LAND DEVELOPMENT Accounts established ............ 19-126 Declaration of a state of emergency; water Deposits. 0 1 1 4 6 1 0 a 1 0 0 19-127 use restrictions.................... 2-255 Expenditures ................... 19-128 Reclaimed water system ................ 19-136 et seq. User charge See: UTILITIES Generally, 19-96 Water shortage conditions and shortages. 19-200 et seq. Schedule ....................... 19-102 See: UTILITIES System ......................... 19-93 Septic tanks, private ................. 19-29 WATER CONSERVATION AND Sewerage revenue generation system LANDSCAPE IRRIGATION Accountant certification of adequate Definitions ............................ 9 19-252 maintenance ................. 19429 Enforcement ........................... 19-255 Accounts established. 19-126 Exceptions............................. 19-254 Deposits .......................... 19-127 Landscape irrigation schedules, vari- Expenditures ...................... 19428 ances, and restrictions............. 19-253 Use of wastewater system ............ 19-27 Purpose; applicability, 19-251 Water conservation and landscape irriga- tion,WATERWAYS AND WATERCOURSES .............................4 19-251 et seq. See: WATER CONSERVATION AND Boats. See that subject LANDSCAPE IRRIGATION Discharges into natural waters, municipal Water shortage conditions and shortages storm sewer system, 19470 Application of this article, 19-202 Flood damage prevention ............... 8-1 et seq. Definitions .......................... 19-201 See: FLOOD DAMAGE PREVENTION Enforcement ......................... 19-205 Prohibitions............................ 13-2 Exception ........................... 19-206 Implementation ...................... 19-203 WEAPONS. See: FIREARMS AND Intent and purpose. .................. 19-200 WEAPONS Penalties ............................ 19-207 WEATHER Water use constitutes acceptance of Weather emergencies ................... 2-261 provisions of the article.'......... 19-208 Water uses, surcharges and factors WEEDS considered, 19-204 Accumulation or untended growth of..... 13-2(c) Supp. No. 32 3134 CODE INDEX Section Section WILDLIFE ZONING (Cont'd.) City parks and recreational areas R-IAAA Single -Family Dwelling Hunting/wildlife preservation and Districts ........................ 20-124 conservation .................... 17-106 R-3 Multiple -Family Dwelling Districts 20-209 WINE. See: ALCOHOLIC BEVERAGES R-CI Single -Family Dwelling Districts. 20-144 R-U Rural Urban Dwelling Districts .. 20-269 WINTER SPRINGS. See: CITY C-1 Neighborhood Commercial Districts Building height regulations........... 20-235 WRITS, WARRANTS AND OTHER Bulk regulations ..................... 20-237 PROCESSES Conditional uses ..................... 20-234 Subpoenas Generally.'' .. so V4 beef tell 20-231 Code enforcement board powers....... 2-59 Off-street parking regulations ........ 20-238 WRITTEN, IN WRITING Overlay district regulations........... 20-236 Definitions and rules of construction..... 1-2 Uses permitted ...................... 20-232 C-2 General Commercial and Industrial Districts Y Building height regulations........... 20-253 YARD SALES Bulk regulations ..................... 20-255 At-home sales .......................... 10-137 Conditional uses ..................... 20-254 Generally. I * 0 * I 1 20-251 YARDS AND OPEN SPACES Outdoor storage and warehousing Land development; public sites and open requirements spaces ...........................0 9-103 Supplemental requirements........ 20-256 Swimming pools, yard requirements re .. 6-219 Uses permitted ...................... 20-252 Zoning regulations generally ............ 20-1 et seq. C-3 Highway 17-92 Commercial District See: ZONING Building height regulations........... 20-346.2 YEAR Bulk regulations ..................... 20-346.4 Definitions and rules of construction..... 1-2 Conditional uses. 6 * 0 * 0 1 1 66&0001''6004 20-346.3 Generally ............................ 20-346 Uses permitted ...................... 20-346.1 Z CC Commerce Center District ZONING Bulk regulations ..................... 20-345A Administrative appeals ................. 20-35 Conditional uses..................... 20-345.3 Land use decisions (procedures)....... 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 .............. 20-104 herein set forth .................... 20-2 Code enforcement .. I ................... 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-IA One -Family Dwelling Conditional uses Districts. I I % a & * 0 4 V * I I 1 0 0 0 0 V I 1 160 20-165 C-1 Neighborhood Commercial Districts 20-234 R-1AAA Single -Family Dwelling C-2 General Commercial and Industrial Districts ........................ 20-125 Districts........................ 20-254 R-3 Multiple -Family Dwelling Districts 20-210 C-3 Highway 17-92 Commercial District 20-346.3 R-Cl Single -Family Dwelling Districts. 20-145 CC Commerce Center District . . . . . . . . 20-345.3 R-U Rural Urban Dwelling Districts .. 20-270 Expiration of conditional use approvals 20-36 T-1 Trailer Home Districts............ 20-295 I-1 Light Industrial District .......... 20-261 Building height regulations Land use decisions (procedures)....... 20-33 C-1 Neighborhood Commercial Districts 20-235 R-1 One -Family Dwelling District ..... 20-183 C-2 General Commercial and Industrial R-1AA and R-lA One -Family Dwelling Districts ........................ 20-253 Districts........................ 20-163 C-3 Highway 17-92 Commercial District 20-346.2 R-lAAA Single -Family Dwelling 1-1 Light Industrial District .......... 20-260 Districts ........................ 20-123 R-1 One -Family Dwelling District ..... 20-184 R-3 Multiple -Family Dwelling Districts 20-208 R-1AA and R-IA One -Family Dwelling R-CI Single -Family Dwelling Districts. 20-143 Districts ........................ 20-164 R-U Rural Urban Dwelling Districts .. 20-268 Supp. No. 32 3135 ZONING (Cont'd.) Construction R-T Mobile Home Park Districts, applica- tion for construction, Definitions ............................. Districts C-1 Neighborhood Commercial Districts C-2 General Commercial and Industrial Districts. 0 6 1 9 0 0 0 6 1 1 1 1 4 0 1 4 0 1 1 1 1 0 1 C-3 Highway 17-92 Commercial District CC Commerce Center District ....... . Changes and amendments ........... . Division of city, 0 a 1 4 0 0 0 a I a 0 1 0 0 0 1 0 . GreeneWay Interchange Zoning District I-1 Light Industrial District ......... . Official zoning map, working maps and procedures, 4 0 0 1 a I 1 0 0 0 a 0 1 4 1 1 1 0 0 0 0 Planned unit development ........... . R-1 One -Family Dwelling District . . . . . R-lAA and R-1A One -Family Dwelling Districts, .. 6 I'm 11 0 4 * a 6 6 1 1 1 0 1 0 0 0 0 R-IAAA 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- ance required ................... Development agreement; icon monu- ment sign ...................... Economic and fiscal impact require- ments.......................... General uses and intensities, 1 0 0 0 0 0 a I . Interconnectivity of multiple parcels . . Master development plan. . Optional preliminary review ......... . Parking and driveway requirements.. . Permitted uses, conditional uses, incidental uses within buildings . Purpose............................. Setbacks, 0 4 1 4 0 a 0 1 4 1 1 0 0 1 0 4 1 1 4 0 0 V 0 1 1 1 Utility lines, pipes, conduit and infrastructure, 1 0 6 1 1 1 1 4 0 0 4 4 1 4 1 ' I I nfrastructure..................I Home occupations or home offices Regulation of ........................ I-1 Light Industrial District Building height regulations........... Bulk regulations ..................... Supp. No. 32 WINTER SPRINGS CODE Section Section ZONING (Cont'd.) Conditional uses ..................... 20-261 Enclosed buildings; outside storage.... 20-263 20-317 Generally ............................ 20-258 20-1 Uses permitted ...................... 20-259 Interpretation, purpose and conflict ..... 20-5 20-231 et seq. Land development ...................... 9-1 et seq. See: LAND DEVELOPMENT 20-251 et seq. Land use decisions (procedures) 20-346.3 Administrative appeals, .............. 20-35 20-345 et seq. Applications ......................... 20-29 20-104 City commission; authority ........... 20-27 20-101 Community workshop requirements... 20-29.1 20-328 et seq. Conceptual plan review —Non -binding 20-258 et seq. and binding by development agree- ment ........................... 20-28.1 2Conditional uses ..................... 20-33 20-ettseq. eq. Due process; special notice require- 20-181 1 et seq. ments.......................... 20-28 20-161 et seq. Expiration of conditional use, variance, waivul appruvais................ GV-3tS 20-121 et seq. Intent; purpose ...................... 20-26 20-206 et seq. Limited administrative waivers ....... 20-37 20-141 et seq. Pre -application meeting .............. 20-28.2 Rezonings ........................... 20-31 20-103 Site and final enginceiing plans ...... 20-33.1 20-311 et seq. Staff review ......................... 20-30 20-266 et seq. Variances ............................ 20-32 20-291 et seq. Waivers ............................. 20-34 20-320 et seq. Limitations on residential densities...... 20-419 20-101 Lot coverage 8-1 et seq. R-1 One -Family Dwelling District ..... 20-187 R-1AA and R-lA One -Family Dwelling Districts ........................ 20-167 R-1AAA Single -Family Dwelling Districts ........................ 20-127 20-331 R-3 Multiple -Family Dwelling Districts 20-212 20-340 R-CI Single -Family Dwelling Districts. 20-147 R-U Rural Urban Dwelling Districts .. 20-272 20-336 Medical marijuana dispensaries prohibited 20-425 Mobile food dispensing vehicles.......... 20-650 20-339 Authorized locations ................. 20-650(c) 20-329 Conditions of land use and operational 20-335 standards. 0 6 1 1 1 0 1 0 0 0 20-650(d) 20-337 Definitions .......................... 20-650(b) 20-338 Penalties ............................ 20-650(e) 20-333 Purpose and intent, V 6 1 1 1 0 0 0 1 0 6 1 0 4 0 0 0 6 20-650(a) Motor vehicles 20-330 Authorized commercial vehicles 20-328 Limited -term parking permits ...... 20-436 20-332 Residential areas, in ............... 20-434 Residentially zoned districts, in .... 20-435 20-334 Commercial vehicles defined .......... 20-432 Exempted vehicles ................... 20-437 20-452 Parking areas on residential lots; design requirements ................... 20-439 20-260 Parking vehicles in residential front 20-262 yards and on sidewalks prohibited 20-438 3136 CODE INDEX Section Section ZONING (Cont'd.) ZONING (Cont'd.) Parking, storage or maintenance of Lot coverage ......................... 20-187 certain vehicles prohibited in Off-street parking regulations ........ 20-189 residentially zoned districts...... 20-431 Use, area and yard exceptions ........ 20-188 Storage, repair, etc., of disabled motor Uses permitted ..................... 1 20-182 vehicles; approved. . 4 1 a I a I a I 1 4 1 0 4 20-433 R-lAA and R-lA One -Family Dwelling Official zoning map, working maps and Districts procedures ........................ 20-102 Building area regulations............. 20-165 Off-street parking regulations Building height regulations........... 20-164 Cod Neighborhood Commercial Districts 20-238 Conditional uses ..................... 20-163 R-1 One -Family Dwelling District ..... 20-189 Designation. . 0 1 1 a 1 4 4 0 0 a 0 0 0 1 a I 1 6 0 0 9 1 1 a 20-161 R-IAA and R-lA One -Family Dwelling Front, rear and side yard regulations . 20-166 Districts ........................ 20-169 Lot coverage......................... 20-167 R-1AAA Single -Family Dwelling Off-street parking regulations ........ 20-169 Districts',,. .... so 004*11, 604 060 0 20-128 Use, area and yard exceptions ........ 20-168 R-3 Multiple -Family Dwelling Districts 20-213 Uses permitted ...................... 20-162 R-CI Single -Family Dwelling Districts. 20-148 R-1AAA Single -Family Dwelling Districts R-U Rural Urban Dwelling Districts .. 20-273 Building area regulations, I 1 6 0 0 4 0 4 a 1 4 1 20-125 Outdoor storage and warehousing require- Building height regulations........... 20-124 ments Conditional uses ..................... 20-123 Supplemental requirements in C-2 Designation. . 0 4 1 4 0 9 0 1 1 1 4 6 0 0 0 1 1 1 20-121 General Commercial and Industrial Front, rear and side yard regulations . 20-126 Districts ........................ 20-256 Lot coverage......................... 20-127 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 ............. 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. 0 0 4 0 a 20-206 Appeals ............................. 20-355 Front, rear and side yard regulations 20-211 Control of development following Lot coverage ........................ 1 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. 1 4 # 4 4 0 a I I a I I 1 0 4 0 1 1 0 a 4 1 1 60*0 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 ..................... 20443 development zoning classification 20-354 Designation, 1 6 1 1 0 0 0 0 1 1 1 4 0 0 0 0 1 a 1 6 a 0 0 0 1 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 ....... d 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. 0 a I I I I a 6 a 0 * 0 20-183 R-T Mobile Home Park Districts Front, rear and side yard regulations . 20-186 Construction, application ............. 20-317 Generally. V*O*o *111, *do to 20-181 Definition ofterms..................4 20-311 Supp. No. 32 3137 WINTER SPRINGS CODE Section ZONING (Cont'd.) Description of district ................ 20-312 Minimum development standards and requirements ..................0 20-318 Prohibited uses ...................... 20-315 Rezoning, application, 0 1 0 0 1 0 a a 1 10 P4 0 1 0 20-316 Special accessory uses ................ 20-314 Special requirements, 20-319 Uses permitted ...................... 20-313 R-U Rural Urban Dwelling Districts Building height regulations........... 20-269 Building site area regulations......... 20-270 Conditional uses ..................... 20-268 Front, rear and side yard requirements 20-271 Generally, I 1 0 4 0 0 1 1 a 1 4 4 0 1 0 1 6 6 1 0 4 4 4 1 0 a 0 20-266 Lot coverage ........................0 20-272 Off-street parking regulations ........ 20-273 Uses permitted ...................... 20-267 Scope of provisions ..................... 20-4 Sexually oriented businesses r . n.. Side yard regulations. See herein: Yards and Open Spaces Site development standards Planned unit development............ 20-353 Sp cial ,^,ccessory use^ R-T Mobile Home Park Districts ...... 20-314 S.R. 434 and Tuskawilla Road Streetscape requirements Intent ............................... 20-600 Streetscape Appropriate illustrations........... 20-602 Requirements ..................... 20-601 S.R. 434 corridor overlay plan Creation. 0 9 0 1 0 6 1 6 040004, 1 1 0 * 20-462 General design standards for new development area Applicability ...................... 20-463 Building and screening design guidelines. 1 20-473 Building height, 1 20-464 Corridor access management ....... 20-472 Development agreement ........... 20-474 Large footprint buildings........... 20-468 Off-street parking and driveway requirements ................. 20-467 Setbacks .......................... 20-465 Streetscape required ............... 20-466 Utility lines ....................... 20-471 Storage, outdoor Supplemental requirements in C-2 General Commercial and Industrial Districts, P I I 1 4 a 0 6 a I I 1 0 0 1 0 6 1 1 1 1 4 0 20-256 Storage, repair, etc., of disabled motor vehicles; approved ................. 20433 Supplemental District regulations Animals ............................. 20-413 Exceptions ........................... 20-414 Gasoline stations. 1 0 0 a 4 6 6 1 4 0 * 1 0 20-418 Supp. No. 32 3138 Section ZONING (Cont'd.) Home occupations or home offices. See herein that subject Kennels zoning ...................... 20-416 Motor vehicles. See herein that subject Pill mills ............................ 20-421 Public, private and charter school and daycare center siting criteria .... 20-422 Residential wall buffers required...... 20-417 Secondary metals recyclers and similar non -hazardous recyclers......... 20-420 Self-service storage facilities. 20-423 Telecommunications towers. See herein that subject Trailers In residential areas. Uses .............................. T-1 Trailer Home Districts 20-411 20-412 Building site area regulations......... Description of district ................ - uiiinuui lluiii., .aaI a..0 Yalu regula- 20-295 20-291 tions ........................... Permits.............................. Special requirements ................. Uses permitted ...................... Tilccozum miicatioi S towers Siting and regulation of telecommunica- 20-296 20-293 20-297 20-292, 20-294 tion towers ..................... Town Center District Code 20-451 Administration ...................... Architectural guidelines .............. Building elements, 1 0 0 4 0 4 0 #*deal, Definitions .......................... General provisions ................... Intent ............................... Permitted uses. 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-lAA and R-IA 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 Commerce Center District ........ I-1 Light Industrial District .......... 1-1 One -Family Dwelling District, t4AA and R-lA One -Family Dwelling 20-345.1 20-259 20-182 Districts ........................ R-1AAA Single -Family Dwelling 20-162 Districts, 1 6 1 1 1 1 0 1 4 0 0 1 0 0 1 1 1 1 1 0 1 1 0 R-3 Multiple -Family Dwelling Districts 20-122 20-207 -Cl Single -Family Dwelling Districts. R-T Mobile Home Park Districts . . . . . . R-U Rural Urban Dwelling Districts .. T-1 Trailer Home Districts............ 20-142 20-313 20-267 20-2921 20-294 CODE INDEX Section ZONING (Cont'd.) Variances Expiration of variance approvals ...... 20-36 Land use decisions (procedures)....... 20-32 Violation, penalty.,., . 004.04 00*04 61, 20-6 Waivers Expiration of waiver approvals........ 20-36 Land use decisions (procedures)....... 20-34 Yards and open spaces 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...... 20-188 R-IAA and R-lA One -Family Dwelling Districts ........................ 20-166 Use, area and yard exception....... 20-168 R-1AAA Single -Family Dwelling Districts :....................... 20-126 R-3 Multiple -Family Dwelling Districts 20-211 R-CI Single -Family Dwelling Districts. 20446 R-U Rural Urban Dwelling Districts .. 20-271 T-1 Trailer Home Districts............ 20-296 Zoning board. See herein: Planning and Zoning Board Zoning map Certain ordinances not affected by Code 1-7(15) Section Supp. No. 32 3139