The URL can be used to link to this page

Home My WebLink AboutSupplement No.30SUPPLEMENT NO. 30 June 2023 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. 2022-04, enacted December 12, 2022. See the Code Comparative Table for further information. Remove Old Pages 111 1X-XV Checklist of up-to-date pages SH:3 140.5-140.8 315, 316 323-326 873, 874 879, 880 1267-1272 1342.15-1342.18 2107 2145-2147 31255 3126 Insert Netiv Pages iii X-XV 1 Checklist ot up-to-date pages (Following Table of Contents) SH:3 140.5-140.8.2 315-316.2 323-326.2 873, 874 879-880.2 1267-1272 1342.15-1342.18 2107 2145-2147 3125-3126.1 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. ire#a�:�imunlcacJe.coi� � 2.2633 1 www.municocie.com F'.O. t3ox ?_235 Tallahassee, FL 3?_316 CURRENT OFFICIALS of the CITY OF WINTER SPRINGS, FLORIDA Kevin McCann Mayor Matt Benton Rob Elliott Ted Johnson Victoria Colangelo Cade Resnick City Commission Shawn Boyle City Manager' Anthony A. Garganese City Attorney Christian Gowan City Clerk Supp. No. 30 iii TABLE OF CONTENTS Current Officials of the City ................................. Preface..................................................... v Adopting Ordinance.. ....................................... vii Checklist of Up -to -Date Pages ............................... (1) Supplement History Table ................................... SH:1 CHARTER Charter.................................................... 1 Art. I. Corporate Name. . 0 1 t 0 * a * * 0 4 0 o * a 0 t o a o * 9 0 0 0 0 t 4 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, 0 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. 0 * 0 4 0 * 0 0 0 1 % * * * M 0 4 t * 9 1 0 1 * t 1 0 0 a 9 0 * 133 Art. I. In General........... 137 Art. II. City Commission ........................... 138 Art. III. Boards, Committees, Commissions ......... 0 140.14 Div. 1. Generally ..............................a 140.14 Div. 2. Code Enforcement ....................... 143 Subdiv. A. Code Enforcement ............... 143 Subdiv. B. Citations ........................ 144.6 Div. 3. Reserved................. % 0 146.1 Div. 4. Urban Beautification .................... 146.1 Art. IV. Elections. 4 * & 0 0 o 9 1 * * 0 0 % t 0 0 a % 0 0 0 0 0 0 to to 9 0 a 0 P 146.2 Art. V. Annexations and Rezoning. . a 0 9 148 Supp. No. 30 ix WIIN R SPRINGS CODE Chapter Page Art. VI. Finance ................................... 148 Div. 1. Generally ............................... 148 Div. 2. Purchasing .............................. 148 Div. 3. City -Owned Personal Property ........... 148.1 Art. VII. Emergency Management ................... 149 Div, 1. Generally ............................... 149 Div. 2. Conditions of Emergency. . 4 152 Art. VIII. Jobs Growth Incentive Grant Program ..... 153 3. Alcoholic Beverages ..................................... 203 4. Animals ................................................ 257 5. Tree Protection and Preservation, . 9 0 %M*6 *@MOO 4 0 0 0 309 App. A. Undesirable Trees .......................... 331 App. B. Desirable Trees ............................ 333 Ann. C. Approved StrPPtgranP Cnnnnv Trnn Tvnnp, Rml Streetscapes AlongyS.R. 434 and Tuskawilla Road, 4 0 0 9 4 0 0 0 0 0 0 0 4 0 % 4 1 0 0 0 0 0 6 W 9 9 8 0 0 0 0 0 9 340 App. D. Tree Protection Area Signage ............... 341 6. Rilildings :-nd Iliiil:ling Rog:flati0n2 ...................... 367 Art. I. In General .................................. 367 Art. II. Administration ............................. 367 Div. 1. Generally ............................... 367 Div. 2. Reserved, . 0 & M 0 4 0 0 0 384 Art. III. Building Construction Standards ........... 384 Art. IV. Electrical, Plumbing, Mechanical and Gas ... 390A Art. V. Fences, Walls Hedges.......... 390.4 Art. VI. Swimming Pools ........................... 391 Art. VII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit. * 0 9 0 0 * 6 9 a 0 0 4 0 0 0 0 * 0 0 393 Art. VIII. International Property Maintenance Code . 396 7. Fire Prevention and Protection. . 0 0 0 9 0 0 0 0 t 6 a a 0 0 4 % 0 0 * * 0 a a * 0 433 Art. I. Fire and Emergency Medical Services......... 435 Art. II. In General ................................. 435 Art. III. Local Amendment to the Florida Fire Preven- tionCode .................................. 436 Art. IV. Fire Hydrants .............................. 437 8. Flood Damage Prevention, . 493 Art. I. In General .................................. 497 Art. II. Administration ............................. 501 Div. 1. General.. . 501 Div. 2. Applicability ............................ 502 Div. 3. Duties and Powers of the Floodplain Administrator ........................... 503 Div. 4. Permits ................................. 505 Div. 5. Site Plans and Construction Documents... 507 Div. 6. Inspections .............................. 509 Div, 7. Variances and Appeals ................... 510 Supp. No. 30 g TABLE OF CON TENTS-Cont'd. Chapter Page Div. 8. Violations ............................... 512 Art. III. Flood Resistant Development ............... 512 Div. 1. Buildings and Structures. 512 Div. 2. Subdivisions. . 0 a % 9 0 4 * a 0 t 0 512 Div. 3. Site Improvements, Utilities and Limita- tions.................................... 513 Div. 4. Manufactured Homes .................... 514 Div. 5. Recreational Vehicles and Park Trailers... 514 Div. 6. Tanks ................................... 515 Div. 7. Other Development ...................... 515 Div. 8. Accessory Structures.. no** 516 Div. 9. Compensatory Storage for Encroachments 516 Div. 10. Setback Standards. 517 9. Land Development ...................................... 555 Art. I. In General .................................. 561 Art. II. 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 .........................0 569 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. . 0 0 a 0 0 0 0 0 6 a 0 4 9 0 1 0 a 0 6 9 1 V 0 0 a 583 Div. 5. Utilities ................................ 584.1 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. 606 Div. 1. Generally ............................... 606 Div. 2. Transportation Facilities ................. 606 Div. 3. Police, Fire, and Parks and Recreation.... 625 Div. 4. Reserved ................................ 631 Art. IX. Vested Rights .............................. 632 Art. X. Concurrency Administration and Evaluation Procedure .................................. 638 Div. 1. Overview and Exemptions ............... 638 Div. 2. Levels of Service Standards (LOS)........ 641 Div. 3. Concurrency Administration ............. 643 Div. 4. Appeal Procedures. . 0 6 0 0 4 a % 0 644 Div. 5. Transportation Facility Proportionate Fair - Share Mitigation Program ............... 644.1 Supp. No. 30 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. . 4 0 a 0 a 4 a 0 * a 4 0 0 4 0 695 Art. III. Sexually Oriented Businesses and Adult Entertainment Establishments ............ a 696 Art. IV. Amusements .............................. o 735 Art. V. Peddlers and Solicitors and Miscellaneous Sales 735 Art. VI. Secondhand Precious Metals ............... a 737 Art. VII. Pain Management Clinics... 0 4 a 0 a 0 a 0 0 0 a M*qo 738 11. Miscellaneous Offenses ................................. 761 12 Motor VplhirlPa and TrnEfio n, -------..._.._................................ o1J Art. I. In General .................................. 817 Art. II. Administration ............................. 818 Art. III. Regulations................. 0 0 0 9 0 6 0 4 0 0 a 0 0 a 0 820 Div. 1. Generally ...................... . . . ...... 820 Div. 2. Stopping, Standing, Parking ............. 822 Div. 3. Operation of Golf Carts .................. 824 Art. IV. Red Light Code Enforcement Infraction...... 826.1 Art. V. Impoundment of Motor Vehicles. . 829 13. Nuisances ............................................. 873 Art. I. In General .................................. 875 Art. I1. Noise ...................................... 880 Div. 1. Generally ..............................4 880 Div. 2. Powers and Duties of Noise Control Officer 882 Div. 3. Prohibited Acts. a 0 0 0 0 0 0 a 0 9 090006*0 so 6 0 & 4 4 883 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, 0 a 0 0 0 a 9 0 0 0 9 0 a 0 0 0 a 0 887 Art. IV. Miscellaneous Nuisances, a osootam 0 0 0 0 0 6 a 9 0 %0 889 Art. V. Public Nuisance Abatement Board ........... 890 14. Personnel, a 6 0 0 a 0 0 0 P 0 0 0 9 a 0 4 4 0 6 0 0 0 049900406*0 0 0 0 0 0 a a 0 0 0 a 931 Art. I. In General .................................. 933 Art. II. Old Age and Survivors Insurance ............ 933 Art. III. Pension Plan .............................. 934 15. Planning .............................................. 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. 30 xii TABLE OF CON TENIS- Cont'd0 Chapter Page Art. II. Distribution of Handbills and Periodicals..... 1043 Art. III. Signs ...................................... 1045 Div. 1. Generally ............................... 1045 Div. 2. Standards... 0 a a a 0 at 0 4 a a a 0 0 4 0 W 4 4 0 0 9 9 a a 1052 17. Streets, Sidewalks and Other Public Places ............. a 1101 Art. I. In General .................................. 1103 Art. H. Streets ..................................... 1103 Art. III. Sidewalks ................................. 1105 Art. IV. Excavations ................................ 1105 Art. V. City Parks and Recreational Areas ........... 1106 18. Taxation ............................................... 1157 Art. I. In General .................................. 1159 Art. II. Municipal Public Service Tax.. a a 0 6 4 a a 9 0 9 0 0 0 4 1159 Art. III. Local Improvements Assessments .......... a 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 ..................... 0 1189 Art. V. Municipal Service Benefit Units ............. 0 1189 Div. 1. Little Lake Howell Municipal Service Benefit Unit.................................... 1189 19. Utilities ............................................... 1227 Art. I. Solid Waste ................................. 1230.1 Art. II. Wastewater System ......................... 1230.2 Div. 1. Generally ............................... 1230.2 Div. 2. Administration .........................0 1232.1 Div. 3. Use Regulations ......................... 1235 Div. 4. Rates, Fees and Charges................. 1238 Div. 5. Sewerage Revenue Generation System.... 1252 Art. III. Reclaimed Water System ................... 1252.1 Art. IV. Potable Water Supply ....................... 1254 Div. 1. Generally ............................... 1254 Div. 2. Cross -Connection Control, Backflow Preven- tion..................................... 1254 Art. V. Stormwater Management Utility.. 0 0 6 4 4 a a a a a 4 1255 Art. VI. Water Shortage Conditions and Shortages ... 1260.7 Supp. No. 30 xiii Chapter WINTER SPRINGS CODE; Art. VII. Water Conservation and Landsacape Irriga- tion...................................... Art. VIII. Utility Protection and Enforcement ....... . Art. IX. Proper Use of Fertilizers ................... . 20. Zoning................................................0 Art. I. In General .................................. Art. II. Administration ............................ . Div. 1. Procedure; Land Use Decisions .......... . Div. 2. Planning and Zoning Board ............. . Div. 3. Reserved...................... Art. III. Establishment of Districts ................. . Div. 1. Generally ............................... Div. 2. R-1AAA Single -Family Dwelling Districts. Div. 3. R-CI Single -Family Dwelling District .... . Div A R d -1 A A anR_1 A 0, n Tiu�`oilT, Districts 3. ................................ 5. R4 One -Family Dwelling Districts ...... . 6. R-3 Multiple -Family Dwelling Districts ... 7. Cool Neighborhood Commercial Districts 8. C-2 General Commercial District ........ . 8.5. I-1 Light Industrial District ........... . 9. R-U Rural Urban Dwelling Districts ..... . 10. T-1 Trailer Home Districts ............. . 11. R-T Mobile Home Park Districts ........ 12. Town Center District Code. 6 0 0 0 * a 0 0 0 a 0 0 6 13. Greeneway Interchange Zoning District. . 14. CC Commerce Center Zoning District .. . 15. C-3 Highway 19-92 Commercial District. Planned Unit Developments ............... . Supplemental District Regulations .......... . 1. Generally ..............................9 2. Motor Vehicles .......................... 3. Siting and Regulation of Telecommunications Towers, . . 4. Regulation of Home Occupations or Home Offices.................................. S.R. 434 Corridor Vision Plan. . 0 0 1. S.R. 434 Corridor Overlay District....... . 2. General Design Standards for New Develop- ment Area .............................. Reserved ................................ 4. Reserved ................................ S.R. 434 and Tuskawilla Road Streetscape Requirements ............................. Art. VIII. Mobile Food Dispensing Vehicles ......... . Art. Art. Div Div Div Div Div. Div. Div. Div. Div. Div. Div. Div. IV. V. Div. Div. Div. Div. Art. VI. Div. Div. Art. VII Code Comparative Table-1974 Code. 0 4 0 0 M 0 0 0 9 M 0 0 0 4 0 0 4 . Code Comparative Table -Ordinances ....................... . 1263 1266 1267 1305 1311 1316 1316 1322.1 1323 1323 1323 1325 1326 1327 1329 1330 1331 1332.2 1336 1336.4 1336.5 1337 1341 1344 1346.4 1348 1350 1355 5 135 1359 1370.3 1380 1382 1382 1382 1386 1386 1386 1389 2091 2093 Supp. No. 30 xlV TABLE OF CONTENTS—Cont'd. Page State Law Reference Table .................................. 2145 Charter Index .............................................. 2197 CodeIndex ................................................. 3101 Supp. No. 30 xv Checldist of up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 29 67 16 30 77, 78 4 v, vi OC 79, 80 OC VIl, viii OC 81182 OC ix, x 30 83 4 xi, xii 30 1335 134 23 xni, xiv 30 1355 136 23 xv 30 137, 138 17 SH:I, SH:2 25 138.15 138.2 29 SH:3 30 1395140 29 1,2 16 14015 140.2 29 3, 4 16 140.35 140.4 23 5, 6 16 140.5, 140.6 30 7 g 16 140.75 140.8 30 % 10 16 140.8.1, 140.802 30 11112 16 140.95 140.10 23 13, 14 16 1400115 140.12 23 15, 16 12 1402135 140A4 23 175 18 12 140.155 140.16 23 19, 20 12 1415142 24 21 22 1431144 22 Supp. No30 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 144.15 144.2 22 3659366 29 144.35 144.4 22 367,368 19 144.5, 144.6 22 36% 370 19 144.7, 144.8 22 371,372 19 144.9, 144.10 22 373,374 19 1455146 24 3755376 19 146.1, 146.2 24 377,378 26 146.3, 146.4 24 3795380 19 147,148 20 381,382 19 148.1, 148.2 25 383,384 29 1495 150 OC 385,386 29 151, 152 18 386.1, 386.2 29 i53, iS4 18 3875388 19 155, 156 18 38% 390 26 2035204 4 390.15 390.2 26 2055206 4 390.35 390.4 26 207,208 4 390.55 390.6 26 257 OC 391,392 19 259 OC 393,394 19 30% 310 27 395,396 22 3115312 27 397,398 22 313,314 27 433, 434 14 315,316 30 435,436 22 316.15 316.2 30 437, 438 22 3171318 27 43% 440 OC 319,320 27 4415442 OC 3215322 27 493,494 29 3235324 30 495, 496 29 3255 326 30 4975498 29 326.1, 326.2 30 49% 500 29 327,328 27 501,502 29 3295330 27 503, 504 29 3315332 27 505,506 29 333, 334 27 507, 508 29 335, 336 27 50% 510 29 3375338 27 511,512 29 3395340 27 513,514 29 341 27 5155516 29 [2] Supp. No.30 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 517 29 6215622 23 555, 556 26 6235624 15 571558 26 625,626 24 55% 560 26 627,628 24 61,562 16 6295630 24 63,564 22 6315632 18 564.15 564.2 16 635,636 OC 564.35 564.4 16 637,638 2 65,566 OC 63% 640 26 567,568 OC 641, 642 10 569,570 29 6435644 10 5711572 OC 644.15 644.2 10 573,574 17 644.35 644.4 10 5753576 OC 644.55 644.6 10 577,578 OC 645,646 11 5795580 OC 647,648 5 5815582 6 64% 650 15 583,584 29 6515652 10 584.1, 584.2 29 6935694 19 585,586 OC 695,696 10 5875588 OC 696.1, 696.2 10 5895590 16 6971698 5 5915592 16 6995700 5 592.1, 592.2 3 701,702 5 5935594 OC 7035704 5 595,596 OC 7055706 10 597,598 OC 7075708 5 599,600 OC 7095710 10 6015602 OC 7111712 5 6033604 26 713,714 5 605,606 26 715,716 10 607,608 26 717,718 5 609,610 26 71 % 720 5 611,612 26 721,722 5 613, 614 23 723,724 5 615, 616 23 7255726 10 617,618 23 727,728 5 6195620 23 72% 730 5 [3] Supp. No.30 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 731, 732 10 1043, 1044 OC 7335734 10 1045, 1046 19 7355736 10 1047, 1048 19 737,738 19 104% 1050 19 761,762 27 1051, 1052 20 763,764 27 1053, 1054 20 8155816 23 1055, 1056 21 817,818 OC 1056.1, 1056.2 21 819, 820 7 1056.35 1056.4 21 821,822 23 10575 1058 19 823,824 22 1059 19 825,826 22 1101, 1102 18 On20. 1, 020.2 G l l i Uj, I I U4 18 827,828 16 1105, 1106 18 829, 830 23 1107, 1108 18 831, 832 23 1109, 1110 18 833,834 23 i i l i, 1112 22 873,874 30 1113, 1114 22 875,876 6 1157, 1158 12 877,878 22 1158.1, 1158.2 29 87% 880 30 1159,1160 2 880.15 880.2 30 1161, 1162 2 881,882 26 1162.15 1162.2 3 883,884 26 1163, 1164 OC 884.15 884.2 26 1165, 1166 17 385,886 22 11675 1168 OC 8875888 22 116% 1170 OC 888.11888.2 22 1171, 1172 OC 88% 890 19 1173, 1174 OC 8915892 19 1175, 1176 4 893, 894 19 1177, 1178 12 931, 932 28 117% 1180 12 933, 934 28 1181, 1182 12 935 28 11835 1184 12 985, 986 19 1185, 1186 12 987, 988 19 11875 1188 12 989 19 1189 29 104151042 19 1227, 1228 20 Supp. No30 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1229, 1230 24 1318.1, 1318.2 29 1230.1, 1230.2 20 13195 1320 26 1231, 1232 22 1321, 1322 26 1232.1, 1232.2 22 1322*15 1322.2 26 1233, 1234 OC 1322.3, 1322.4 26 1235, 1236 OC 1322*55 132206 26 1237, 1238 OC 1322.75 13218 26 1239, 1240 OC 1322*95 1322410 26 1241, 1242 18 1322011, 132112 26 1243, 1244 18 1323, 1324 16 1245, 1246 18 1325, 1326 20 1246.1, 1246.2 18 1327, 1328 20 1247, 1248 15 1329, 1330 20 1249, 1250 15 1331, 1332 20 1251, 1252 18 1332015 1332.2 24 1252.1, 1252.2 16 1333, 1334 24 1253, 1254 16 1335, 1336 24 1255, 1256 16 1336015 1336.2 24 1257, 1258 16 1336.35 1336A 20 1259, 1260 16 1336.5, 1336.6 20 1260.1, 1260.2 6 1337, 1338 OC 1260035 1260.4 6 1339, 1340 OC 1260451 1260v6 22 1341, 1342 18 1260975 1260.8 22 1342.1, 1342.2 18 12615 1262 3 1342035 1342.4 26 1263, 1264 16 13415, 1342.6 26 1265, 1266 16 134209) 1342.10 18 12675 1268 30 1342011, 1342*12 18 12691 1270 30 1342*135 1342014 18 1271, 1272 30 13420155 1342916 30 13055 1306 26 1342.17, 1342,18 30 1307, 1308 26 1342.1% 1342020 18 1309, 1310 27 13420215 1342*22 18 1310.1 27 1342.23, 1342024 26 1311, 1312 22 1342.25, 1342026 27 1313, 1314 25 13420275 1342028 27 1315, 1316 26 13412% 1342430 27 1317, 1318 29 1342*315 1342032 27 [5] Stipp. No.30 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 13420335 1342434 27 13515 1352 20 1342.355 1342036 27 13531 1354 20 1342.36.1, 1342.36.2 27 1355, 1356 26 1342.36.3, 1342.36.4 18 1357, 1358 26 1342.36.5, 1342.36.6 18 1359, 1360 26 1342.36.75 134203608 18 1361, 1362 26 1342.36.95 1342.36.10 18 1363, 1364 26 1342.36.115 1342.36.12 18 1365, 1366 26 1342.36.13, 1342.36.14 18 1367 26 1342.36.15, 1342036016 18 1370.35 1370.4 15 1342.36.173 1342.36.18 18 1371, 1372 10 1342.36.19, 1342036.20 18 1373, 1374 16 I�42.�G.2i, 342.36.2z 18 1.30, 1316 10 1342.36.23, 1342.36.24 18 1377, 1378 10 1342.36.255 1342.36.26 18 13795 1380 18 1342036.275 1342.36.28 18 13815 1382 27 1342036029) 1342036030 i0 1383, 1384 27 1342936931) 1342.36.32 18 1385, 1386 27 13420360335 1342.36.34 18 1387, 1388 27 1342636.355 1342036436 18 1389, 1390 27 1342.36.375 1342.3638 18 1391, 1392 27 1342.36.39, 1342.36.40 18 1393 27 1342.36.41, 1342036.42 26 2091, 2092 OC 1342036943) 1342036.44 18 2093, 2094 OC 1342.36.455 1342.36.46 18 2095, 2096 OC 1342.364475 134236.48 18 2097, 2098 9 13424360495 1342.36.50 18 2099, 2100 9 13424366515 1342036052 18 2101, 2102 18 13420360535 1342936054 18 2103, 2104 21 1342.36.55, 1342.36.56 18 2105, 2106 27 1343, 1344 26 2107 30 1344.1, 1344.2 26 2145, 2146 30 1345, 1346 21 2147 30 1346.1, 1346.2 21 2197, 2198 16 134603) 1346.4 21 2199 16 1347, 1348 22, Rev. 3111, 3112 29 134% 1350 22 3113, 3114 29 1350011 1350.2 22 3115, 3116 29 [6] Supp. No.30 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 3117, 3118 29 311% 3120 29 3121, 3122 29 3123, 3124 29 3125, 3126 30 3126.1 30 3127, 3128 29 312% 3130 29 3131, 3132 29 3133, 3134 29 3135,3136 -27 3137, 3138 27 3139 27 [7] Supp. No30 SUPPLEMENT HISTORY TABLE Ord. No. Date Adopted Include/ 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 7-13-20 Include 27 2020-04 8-10-20 Include 27 2020-08 9-28-20 Include 28 2021-01 2- 8-21 Include 29 2021-02 4-12-21 Include 29 2021-04 5-10-21 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 2022-09 942-22 Include 30 2022-10 942-22 Include 30 Supp. No. 30 SH:3 ADMINISTRATION city commission may order the immediate removal of any person from the city commission chambers that poses a threat to property or life safety. (Ord. No. 2016-09, § 2, 10-10-16) Sec. 2-29. Additional rules of conduct. (a) The mayor and city commissioners shall adhere to the following additional rules of conduct: (1) The proper statutory and City Charter role of a mayor and city commissioner, as with any elected member of a legislative body, is to act collectively, not individu- ally, to set and/or revise and/or to apply the city's governing policies and that the city manager and staff administer such policies. (2) The mayor and city commissioners, individually, do not manage the affairs of the city. The mayor and city commission- ers will not intrude into daily operations or spheres of responsibility designated by state statutes, City Code, and City Charter to the city manager as the chief executive officer; or undermine the city manager's lawful authority. The city manager is responsible for administering the policy direction established by a major- ity vote of the city commission and not the policy wishes of the mayor or city commissioners not acting as a governing body by majority vote. (3) The mayor and city commissioners represent the interests of the entire city when making decisions and will rely upon available facts and their respective independent judgment. In their official capacity as an elected representative of the city, the mayor and city commission- ers will avoid conflicts of interest and avoid using their official position for personal, professional, or partisan gain. (4) The mayor and city commissioners will demonstrate dignity, respect, and courtesy toward those whom they are in contact with in their official capacity as either the mayor or city commissioner. The mayor and city commissioners will refrain from intimidation and ridicule of others including, but not limited to, the mayor, fellow commissioners, city manager, city attorney, staff, citizens of the city, and city utility customers. (5) The mayor and city commissioners, in their official capacity as an elected representative of the city, will refrain from inappropriate language including statements that are malicious, threaten- ing, slanderous, disparaging, mean - spirited, vulgar or abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected official and the honor of serv- ing as an elected representative of the city. (6) The mayor and city commissioners will focus on solving problems, and in doing so will maintain appropriate decorum and professional demeanor in the conduct of city business and work cooperatively and conscientiously with others as they respectively request or receive informa- tion, examine data or weigh alternatives in the decision -making process. (7) The mayor and city commissioners will demonstrate patience and refrain from demanding, interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, prepara- tion or analysis or that will result in staff neglect of urgent duties. Such requests will be made through the city manager for scheduling and prioritizing through consensus of the city commission. The mayor and city commissioners will work cooperatively with the city manager to establish reasonable parameters for such requests and access. (8) The mayor and city commissioners will devote adequate time for preparation prior to city commission meetings and as much as possible, the mayor and each member of the city commission will be in Supp. No. 30 140.5 WINTER SPRINGS CODE attendance at such meetings and all other scheduled events where their official participation is required. (9) The mayor and city commissioners will respect diversity and encourage the open expression of divergent ideas and opinions from the mayor and fellow city commis- sioners, city manager, city attorney, staff, citizens of Winter Springs, and city util- ity customers. They will listen actively and objectively to others' concerns or constructive criticisms. (10) The mayor and city commissioners will refrain from any individual action that could compromise lawfully authorized decisions of the city or the integrity of the city and the mayor and fellow com- missioners. The mayor and city commis- sioners will delineate clearly for any audience whether they are acting or speaking as an individual citizen or in their respective capacity as a representa- tive of the city. (lI) The mayor and city commissioners will maintain in confidence any privileged or confidential information provided to them by the city and will not disclose such information publicly or to any person who has not been duly authorized by the city to receive such information, unless such disclosure is duly authorized by the city commission or city manager or required by law. In addition, the mayor and city commission will refrain from copying any written privileged or confidential documents provided to them by the city and will keep such documents in safekeeping. Further, upon leaving office or upon request by the city commis- sion or city manager, the mayor and city commissioners will return to the city any privileged or confidential documents or materials provided to them by the city while serving on the city commission. For purposes of this paragraph, privileged and confidential information is only information that is deemed privileged or confidential and/or exempt from public records disclosure by law. By way of example, and without limiting the scope of the kinds of information that could be privileged or confidential and/or exempt, the following information is generally deemed privileged or confidential and/or exempt from public disclosure: (i) informa- tion pertaining to security systems for any property owned or leased by the city; (ii) risk assessment information to determine security threats to data, information and information technology resources of the city; (iii) attorney -client work product related to pending or reason- ably anticipated litigation or city claims file; (iv) city commission transcripts of attorney -client litigation sessions until thP. ennelnsinn of li}i(rn}ir)n; (xFT) "j inas files regarding the city's risk manage- ment program (vi) information concern- ing the plans, intentions, or interests of a private entity to located, relocate or expand its business activities within the city if the private entity requests such confidentiality in writing; (vii) all work product developed by the city in prepara- tion for collective bargaining negotia- tions, and during negotiations; (viii) trade secrets and proprietary business informa- tion contained in records held by the city; (ix) certain personal identifying and health information contained in records held by the city when required by law; (x) active criminal intelligence information and active criminal investigative informa- tion; and (xi) any information revealing law enforcement surveillance techniques or procedures or personnel or informa- tion revealing the identity of a confidential informant or confidential source. The mayor and city commissioners may contact the city manager or city attorney with any questions on whether certain informa- tion falls within the scope of this paragraph. (12) The mayor and city commissioners will abide by all laws of the state applicable to their official conduct on the city com- mission, including but not limited to the Government in the Sunshine Law, the Florida Public Records Law, the Florida Supp. No. 30 140.6 ADMINISTRATION Code of Ethics for Public Officers, and city rules and procedures and codes of conduct adopted by the city commission including, but not limited to, the rules and procedures and code of conduct expressed in this article. (13) The mayor and city commissioners will promote constructive relations in a posi- tive climate with all city employees, city attorney, and city contractors and consultants consistent with their official role on the city commission, as a means to enhance the productivity and morale of the city. The mayor and city commis- sioners will support the city manager's decision to employ the most qualified persons for staff positions. The mayor and city commission will recognize the bona fide achievements of the city manager, staff, city attorney, city contrac- tors and consultants, business partners, and others sharing in, and striving to achieve, the city's mission and strategic objectives. (14) The or and city commissioners will enhance their knowledge and ability to contribute value to the city as a member of the city commission by keeping abreast of issues and trends that could affect the city through reading, continuing educa- tion and training. The mayor and city commissioners will study policies and issues affecting the city, and will attend training programs if required by the city or law. A continuing goal of the mayor and city commissioners will be to improve their respective performance as a member of the city commission. (15) The mayor and city commissioners will value and assist each other on the city commission by exchanging ideas, concerns, and knowledge through lawful means of communication. Together, they will help build positive community support for the city's mission and the policies and strategic objectives established by the city commission. (16) The mayor and city commissioners will support and advocate for their respective beliefs, but will remain open to understanding the views of others. The mayor and city commissioners recognize that they each share in the responsibility for all city decisions and will accept the will of duly authorized decisions of the city commission and city electorate. (17) The mayor and city commissioners understand that their first priority as a member of the city commission will always be to look out for the best interests of the citizens of the city and the public health, safety and welfare. The mayor and city commissioners will seek to provide appropriate leadership that nurtures and motivates city citizens to be stakeholders in the affairs and achievements of the city. (18) The mayor and city commissioners will be accountable to the city commission for any violations of the rules and procedures and rules of conduct established by the city commission under this article. (b) The rules of conduct shall not be construed or interpreted in any way to abrogate, limit, or interfere with the freedom of speech or expres- sion enjoyed by the mayor or any city commis- sioner under the Constitutions of Florida and United States. Neither shall the rules of conduct be construed or interpreted in any way to abrogate, it, or interfere with the city commission's right, as a governing body, to communicate its position on any issue or matter in accordance with law. (Ord. No. 2016-09, § 2, 10-10-16; Ord. No. 2022-03, § 2, 3-28-22) Sec. 2-30. Quasi-judicial rules and procedures of the city commis- sion. The city commission recognizes that certain agenda items presented to the city commission for a final decision are considered by the courts as quasi-judicial in nature. Under applicable law, quasi-judicial proceedings require the mayor and city commissioners to serve as a quasi- Supp. No. 30 140.7 WINTER SPRINGS CODE judicial decision maker. The city commission legislative action. The approval of must afford due process and comply with due contracts, appointing of board members process requirements including, but not limited and the purchasing of good and services to, notice, a hearing before an impartial decision- are executive/administrative decisions, maker, and a right to a fair and orderly hearing process where applicants and interested parties (3) Fundamental requirements. Quasi judicial are afforded an opportunity to be heard and proceedings shall comply with the present evidence. The following rules and minimum requirements of law. Interested procedures are not intended to be strictly applied, parties shall at a minimum be permitted but rather are intended to serve as a guide to to be heard, present evidence, be assist the mayor and city commission with represented by counsel, and cross examine conducting a quasi judicial hearing in accordance witnesses. Decisions made by the city with the requirements of law: commission will be based on competent substantial evidence presented on the (1) Categories of decisions —quasi judicial record at the hearing and based upon the defined generally. For purposes of application of applicable criteria understanding the context of this sec- established by law. tion, the city commission will make a (4) Competent substantial evidence. variety of different types of decisions Competent substantial evidence has been that the law classifies differently. For generally defined by the courts as such example, some decisions are classified evidence as will establish a substantial leg3 lati ;'v eec utiv/ucimiit;irav€ , of basis of fact from which the fact at issue quasi-judicial in nature. The decision can be reasonably inferred. It is such making process employed by the city relevant evidence as a reasonable mind commission and scope of judicial review would accept as adequate to support a are markedly different for the different conclusion. classifications. Quasi-judicial matters are agenda items that generally require the (5) Burden of proof. The applicant seeking city commission to apply a general rule of approval of an application has the burden existing policy. Such agenda items include, of proving that the proposed application but are not limited to, land use and other is consistent with the city's comprehensive applications such as rezonings, vari- plan and complies with all of the antes, special exceptions, conditional uses, applicable substantive criteria and special permits, site and engineering procedural requirements of the City Code plans, and subdivisions of land and plats. and other applicable provisions of law. (2) Legislative and executive/administrative (6) Objectors; party intervenor applications. decisions —Generally. This section is not a. Persons objecting to an application intended to be applicable when the city must prove standing, which is the commission is exercising legislative and cornerstone of their right to present executive/administrative decision making any case against an application. authority. For example, and without the Standing is subject to applicable intention of being a limitation on such statutory and case law. Typically, decisions, the Florida Supreme Court but not in every case, the person has held that comprehensive plan amend- seeking to prevent or overturn a ments are considered a formulation of quasi-judicial decision must show policy and therefore, are considered special damages and an interest legislative actions and not quasi-judicial different in kind and degree from in nature. The adoption of an ordinance that of the general public's at large, or resolution by the city commission that The city commission reserves the formulates policy is also considered a right to contest any person's stand- Supp. No. 30 140.8 ADMINISTRATION ing to participate in a quasi-judicial hearing at any time through all appellate proceedings even if the person was permitted to participate in the hearing. b. An affected party who believes that they have legal standing and can demonstrate that they have a special interest and may suffer special dam- ages different in kind and degree from that of the general public's at large, can file a party intervenor application with the city manager requesting to be formally declared a party intervenor for purposes of presenting factual and expert Supp. No. 30 140.8.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 30 I40.8.2 TREE PROTECTION AND PRESERVATION of other owners, public or private, includ- (10) The extent of any damage or demonstrated ing damage to lakes, ponds, streams, or hardship which would result to the rivers through runoff or erosion. applicant from a denial of the requested permit. (6) Any proposed landscaping including plans whereby the applicant has planted or (11) The species and size of the trees proposed will plant trees to replace those that are for removal. proposed to be cleared. (12) The following factors shall also be (7) Topography of the land and the effect of considered: tree removal on erosion, soil retention a. Trees forming the current canopy. and the diversion or increased flow of surface water. b. Preservation of the next generation of trees. (8) Good forestry practices, such as the (13) Necessity to protect active nests of migra- number of healthy trees that a given tory birds, bird species listed as species parcel of land will reasonably support es and the proven techniques that sustain of special concern, rate, threatened, or endangered by the state fish and wildlife healthy trees. commission, or which a known breading (9) After first exploring whether reasonable area for a colony of birds. alternative design plans are feasible, (14) Whenever necessity is a relevant factor necessity to remove trees in order to in support of removing a tree, the follow - construct, approved and permitted ing factors shall also be considered: improvements to allow economic enjoy- ment of the property, including: a. The number of trees being preserved on the subject property. a. Need for access circulation around b. The extent that the proposed removal the proposed structure which are causes the least amount of damage necessary to allow workers to safely utilize construction equipment to existing trees. (maximum of ten (10) feet). c. The extent that the proposed removal b. Need for providing ingress and egress results in the maximum amount of access to the construction site for mitigation or replacement trees for use by construction equipment and each tree removed. short term storage of construction (15) This chapter shall be interpreted so as equipment and supplies. This ingress not to cause a taking or an inordinate and egress should coincide with the burden on a landowner in accordance ingress and egress approved by the with law. final development permit. (16) Whenever a tree condition or risk assess- c. Essential grade changes that ment is required under this chapter, such otherwise cannot be designed around assessment shall be performed on -site in to avoid tree removal. accordance with the tree risk assessment d. Need for locating street or road procedures outlined in Best Manage - rights -of -way, utilities, drainage ment Practices —Tree Risk Assessment, ways, as well as the need to provide Second Edition (2017) by an arborist reasonable use and property access. certified by the International Society of Arboriculture or a Florida licensed e. Need to gain reasonable vehicle or landscape architect and signed by the utility access when no other reason- certified arborist or licensed landscape able alternative exists. architect. Supp. No. 30 315 WINTER SPRINGS CODE The factors listed in this subsection (c) are for Sec. 5-4.5 Exemption for tree removal guidance purposes only, and do not constitute an activities authorized and independent basis for the granting of a tree preempted by state or federal removal or land clearing permit. law. (d) Silviculture exemption. All trees planted specifically for silvicultural purposes shall be exempt from the provisions of this chapter provided the property owner can provide documentation to the city evidencing that: (1) The property is registered as a silvicul- tural site with the division of forestry; and (2) Trees of typical harvestable size and type exist on the property which are capable of being harvested for income and that the property owner has, or intends to, generate income from the harvested trees. (e) C,"ontractor city -issued license required; contractor obtaining permits. Any person or entity engaged in the business of tree removal or pruning shall be licensed by the city on an annual basis. Licenses may be obtained from the city by completing an application prepared by the city and paying the required license fee. The license application shall contain at a minimum the name, address, and telephone number of the contractor and a copy of the contractor's local business tax receipt, state license if required and proof of liability and workers' compensation insur- ance. As a condition of obtaining a license under this subsection, any previously unpaid penalties imposed by the city under section 5-18 shall be paid in full. It shall be unlawful for any person or entity to engage in the business of tree removal or pruning within the city without a license required under this subsection. It shall also be unlawful for any such person or entity to fail to obtain a permit on behalf of a property owner pursuant to subsection 54(a) of this chapter. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22) § 2, 10-13-03; Ord. No. 2006-23, § 4, 12-11-06; Ord. No. 2010-04, § 2, 3-8-10; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2016-03, § 2, 7-25-16; Ord, No. 2020-03, § 2, 743-20; Ord, No. 2022-10, § 2, 942-22) Land clearing and tree removal activities authorized and preempted by state or federal law shall be exempt from section 5-4, permit required. Land clearing and tree removal activi- ties authorized and preempted by state or federal law include, but are not limited to: (1) Removal of trees on residential property which pose an unacceptable risk to persons or property in accordance with F.S. § 163.045, for which no replacement trees will be required. Property owners remov- ing trees pursuant to F.S. § 163.045 shall possess documentation from an arborist certified by the International Society of Arboriculture or a Florida -licensed landscape architect pCiur o iernoval of the tree. For purposes of this section, "documentation" shall mean an on -site assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices — Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect and signed by the certified arborist or licensed landscape architect. The documentation must demonstrate that the tree poses an unacceptable risk to persons or property and that removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices ? Tree Risk Assessment, Second Edition (2017). Further, for purposes of this sec- tion, a it property" shall mean a single-family, detached building located on a lot that is actively used for single- family residential purposes and that is either a conforming use or a legally recognized nonconforming use in accordance with the city's applicable land development regulations. The term "residential property" for purposes of this Supp. No. 30 316 TREE PROTECTION AND PRESERVATION subsection does not include any property not meeting the aforementioned defini- tion including, but not limited to, multi- family property; common areas owned by a homeowners or condominium associa- tion; vacant land zoned or designated residential or mixed use (e.g., mixed use, town center, and GID) on the city's official zoning map or future land use map; public rights -of -way; or land subject to particular landscaping, tree planting or preservation requirements pursuant to an executed development agreement, landscape easement granted to the city, or conservation easement. (2) Aright and responsibility granted to an electric utility to clear vegetation away from power lines in order to ensure the safe transmission of electricity to custom- ers, as provided by state statutes and Electric Tariff Rules including the preemp- tion under F.S. § 163032099 (Ord. No. 2020-03, § 2, 7-13-20; Ord, No. 2022- 10, § 2, 9-12-22) Sec. 5-5. City arbor division. (a) Establishment of office. The city manager shall appoint one (1) or more employees to act in the capacity of arborist for the city. (b) Scope of authority. The city arborist shall be charged with the responsibility and authority to review and oversee all activities within the city limits which involve tree removal, land clearing, or danger to and by any tree. Notwithstanding, the city arborist shall have Supp. No. 30 316.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 30 316.2 TREE PROTECTION AND PRESERVATION comply with the purpose and intent applied to the total number of trees of this chapter and a tree replace- required to be replaced by this ment fee is paid to the city's "tree chapter as an incentive to protect bank," which is hereby established. and preserve natural lands and the Monies collected in the tree bank public tree canopy. The applicable shall be used for enhancement and tree replacement credits shall be maintenance of trees on public lands. determined in accordance with the The contribution to the tree bank table included in subsection (e) may be waived by the city commis- herein. However, the minimum tree Sion for individual homeowners, on requirement set forth in section 5-13 a case -by -case basis, if the shall still apply. Such public homeowner can demonstrate that conservation area or conveyed land(s) the payment of the fee will cause must be at least one (1) acre with the homeowner an undue economic widths not less than one hundred hardship. Substitute tree(s) allowed twenty-five (125) feet, unless under this waiver provision must otherwise approved by the city com- have the approval of the city com- mission. In addition, trees approved mission. The amount to be paid into by the city arborist to reforest such the tree bank shall be set forth in conservation or conveyed area shall Table 1 and should be based upon also be applied to the replacement wholesale market value of the trees requirement on a two -for -one basis being replaced, plus installation and as an incentive to protect and maintenance costs to establish the preserve natural lands and the public tree. tree canopy. b. Renewable resource waivers. The tree replacement and tree bank require- ments of this section shall not apply if a permit based on sections 54(b)(8) and 5-4(c)(4) is issued. If the permit - tee does not maintain and operate the permitted energy device for at least three (3) years, the permittee must replace the removed trees or pay a tree replacement fee to the city's tree bank as required by this section. (6) Replacement guidelines. The following tree replacement guidelines shall apply: a. All plant material specified shall be Florida Grades and Standard One (1) or better. b. For each tree located within a public conservation area dedicated to the city or located within land(s) to be conveyed to the city as part of a development project, up to eight (8) replacement tree credits may be c. If the city commission determines, due to site conditions or configura- tion, it is impossible or impracticable for the applicant/developer to meet the requirements for tree replace- ment, under this subsection, the city commission may allow the applicant/developer to pay into the city's "tree bank" the amount it would have spent on replacement trees. d. Tree replacement credit above the 1:1 standard replacement require- ment shall be allowed for the instal- lation of preferred canopy trees and plants that are specifically listed in appendix B: desirable trees and appendix C: approved streetscape canopy tree types for streetscape trees along S.R. 434 and Tuskawilla Road, provided the desirable tree is listed with an additional replace- ment credit score of above 1:1. Supp. No. 30 323 § 5-9 WINTER SPRINGS CODE e. In addition, for new development projects, tree replacement credit shall be allowed for the preservation of existing desirable trees on the development site, excluding existing conservation areas, as follows: DBH of Preserved Tree Reduction in Replacement Trees 4" up to but not 1 credit including 9" 9" up to but not 2 credits including 12" 12" up to but not 3 credits including 16" 16 up to but not 4 credits including 24" 24" and above, Non- 6 credits Specimen tree Specimen and historic 0 credits, unless otherwise agreed by the city for extraordinary efforts and trees commitments made to preserve a specimen or historic tree „n to _P_ maximum of 8 credits per tree 1 f. Trees planted under a power line shall not exceed a mature height of twenty-five (25) feet unless otherwise prohibited by the electric utility or law. g. Diversity of species shall be required for replacement trees and not more than twenty (20) percent of the replacement trees shall be of a single species unless an alternative landscape plan is approved by the city commission. h. All landscape plans shall be prepared by a landscape architect licensed by the state, unless the city determines the proposed landscaping or tree removal has a de minimis impact on the property. (c) Replacement cost. The property owner shall be responsible for the cost of replacing the trees removed from their property. (d) Elimination of undesirable trees and shrubs. The natural vegetative communities existing within the city shall be protected by the control and elimination of invasive, nonnative species. To that end, the following guidelines shall apply: (1) Planting of trees and shrubs listed in Appendix A, Undesirable Trees, is prohibited. (2) Removal of trees and shrubs listed on Appendix A, Undesirable Trees, from commercial, office, industrial, or multifam- ily sites (excluding jurisdictional wetlands) shall be completed, whenever practicable, as a requirement for approval of any development permit issued by the city or the issuance of a certificate of occupancy if applicable. (3) Control and elimination procedures shall in no way promote the proliferation of the species through the dispersal of seed or other vegetatively reproducing parts. (4) Control and elimination procedures shall in no way harm or cause the decline of preserved or planted trees and landscap- ing. (e) Limited exception for existing single - lots Notwithstanding any other tree replacement standard set forth in this section, a A removal permit for a single tree shall be granted, as a matter of right without replace- ments required, for each existing single family home lot, provided the city arborist determines that: (1) The tree is not a specimen or historic tree; (2) The tree canopy covering the pervious portion of the lot after removal of the tree will be greater than fifty (50) percent; and Supp. No. 30 324 TREE PROTECTION AND PRESERVATION (3) A permit under this subsection (e) had not been granted during the preceding ten-year period. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2010-04, § 2, 3-8-10; Ord. No. 2011-16, § 2, 2-27-12; Ord. No. 2020-03, § 2, 7-13-20; Ord. No. 2022-10, § 2, 9-12-22) TABLE 1. TREE REPLACEMENT STANDARDS N"IIII r of Replacement Number of Replacement Small Trees or Palms DBH of Protected Canopy Trees Required Required for Each Tree Contribution to Tree Bank* Tree for Each Tree Removed Removed Desirable Plant 4' up to but not 1 or 1 or Desirable or $300.00 including 9" plant(s) w/credits 9" up to but not 2 or 2 or Desirable or $600.00 including 12" plant(s) w/credits 12" up to but not 3 Not allowed or Desirable or $900.00 including 16" plant(s) w/credits 16" up to but not 4 Not allowed or Desirable or $1,200.00 including 24" plant(s) w/credits 24" or greater, 6 Not allowed orl Desirable or $1,500.00 Non -Specimen plants) w/credits 24" or greater, See section 5-8 Not allowed See section 5-8 See section 5-8 Specimen `These amounts may be adjusted biannually to compensate for increases to costs of plants as well as to costs of installation and establishment. (Ord. No. 2016-03, § 4, 7-25-16; Ord. No. 2020- 03,Ord. No. 2022-10, § 2, 9-12-22) Sec. 5-10. Prohibitions. (a) Placement of materials, machinery, or temporary soil deposits. It shall be unlawful to place material, machinery, or temporary soil deposits within the tree protection zone before or during construction. Before or during construc- tion the builder shall erect and maintain suit- able protective barriers around all trees to be preserved. Upon written request, the city arborist, on a case by case basis, may allow material or temporary soil deposits to be stored within the protective barrier if no other storage is available. (b) Climbing spurs. It shall be unlawful to use climbing spurs or other similar device to aid in the climbing of a live tree, where such device causes the puncture or tears the bark of the tree. (c) Tree spiking. It shall be unlawful to introAuce any type of poison or reactive material to a tree for the purpose of causing it to die or become diseased. (d) Structure and pavement location. It shall be unlawful to place any structure or impervious paving within eight -foot radius of any tree trunk or stem having a DBH of four (4) inches or more at caliper. (e) City trees. It shall be unlawful to trim, prune, or remove any city tree without the permission of the city evidenced by the appropri- ate permit. (f) Attachments. It shall be unlawful to attach anything to a tree or stem, including nails or spikes, having a DBH of four (4) inches or more, other than protective wires, braces or other similar noninjurious materials. (g) Cut and fill guidelines. It shall be unlaw- ful to remove or add any material or ground within the tree protection zone unless otherwise permitted by the arborist. (h) Encroachment of the dripline. During the construction stage of development, the developer or property owner shall not cause or allow land clearing, the use of heavy equipment or material within the dripline of any tree or groups of trees Supp. No. 30 325 WINTER SPRINGS CODE to be retained. Neither shall the developer cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within the dripline of any tree or groups of trees, or where planting beds are to be situated. (i) Girdling, shearing, hat racking, topping or poodle trimming of trees (lollipop), lions -tailing, pollarding of Trees. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. It shall be unlawful to engage in excessive pruning techniques on trees intended for shade purposes. Excessive shearing, pruning or shaping shall only be allowed with a permit by demonstrating necessity or without a permit in times of emergency only. The following are deemed i IiiUvviui 6: ug8O51vu PiLU1111% bucuniques which are prohibited on shade trees: (1) Lions tailing: The improper practice of removing most secondary and tertiary ^ or allc lle i1 vn1 ne 111;e r`loI pol'tion of the canopy leaving most live foliage at the edge of the canopy. (2) Topping, hatraeking, stag heading, de - horning, lopping, and rounding over: the improper practice of reducing tree size by making heading cuts through a stem more than two (2) years old; a pruning practice that destroys tree architecture and serves to initiate discoloration and perhaps decay in the cut stem. (3) Pollarding: The pruning technique that removes sprouts back to the same loca- tion annually or biannually maintaining a tree to a specific height. (4) Shearing: A pruning technique which is typically accomplished with cuts made through wood less than a year old at the sides of the canopy to create uniform dense canopies. (5) Poodle trimming: Combines shearing and removing lower limbs to create tree forms that look like a "lollipop." (j) Construction near adjacent property. Walls, structures, and pavement shall not be constructed in any way which will result in damage to roots within the tree protection zones of trees located on adjacent properties. (k) Destruction. It shall be unlawful to destroy a tree unless authorized under this chapter. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord, No. 2020-03, § 2, 7-13-20) Sec. 5-11. City trees; care and maintenance. (a) The city manager in consultation with the city's arborist is responsible for the care, maintenance and protection of city trees. The city manager will make reports and requests for funds for the maintenance and protection of city trees to the city commission as necessary to comply with the spirit and intent of this chapter. (li) 'GNOty VWuet'b 111u�1, SUIJ1111L a (;U1npleGe permit application to the city arborist to request written permission by the city manager or city commission to remove, alter or trim any city v tree. Any approved remoal_, alteration or trim ming will be determined at the city's sole discre- tion, and if the requested activity is permitted by the city, it must be performed by a contractor licensed under this chapter. Property owners failing to obtain the permission required hereunder for removing, altering or trimming city trees shall be deemed a violation of this chapter under subsection 5-10(e). In addition, property owner may also be liable to the city for any city tree removed or damaged in violation of any applicable terms and conditions set forth in any easement or development agreement. (Ord. No. 2020-03, § 2, 743-20) Sec. 542. Permit contents; expiration; removal after expiration of permit. (a) Permit contents. The tree removal permit, when issued, shall specifically identify which trees shall be permitted to be removed. The removal permits merely authorize the removal of the trees specified therein. Nothing in this chapter shall be construed to require the removal of such trees by the permittee. (b) Permit expiration. Permits issued under this chapter shall expire and become null and void if work authorized by such permit is not commenced within one hundred eighty (180) Supp. No. 30 326 TREE PROTECTION AND PRESERVATION days from the date of the permit, or if work is commenced and suspended or abandoned at any time for a period of one hundred eighty (180) days. However, if the permit is issued in conjunc- tion with and in furtherance of a development permit approved by the city commission or build- Supp. No. 30 326.1 WINTER SPRINGS UUIJB [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 30 326.2 Chapter 13 NUISANCES* Article I. In General Sec. 13-1. General prohibition. Sec. 13-1.5. Definitions. Sec. 13-2. Prohibitions. Sec. 13-3. Duty of owners of buildings to keep surrounding property clean; notice; failure to comply with notice. Sec. 13-5. Home -based business —Enforcement of state prohibitions. Secs. 13-6-13-25 Reserved, Sec. 13-26 Sec. 13-27 Sec. 13-28. Sec. 13-29. Sec. 13-30. Sec. 13-31. Article II. Noise Divison i. Generally pe. Purpose and sco Definitions. Division 2. Powers and Duties of Noise Control Officer Sec. 13-32. Sec. 13-33. Sec. 13-34. Sec. 13-35 Sec. 13-36 Sec. 13-37. Sec. 13-38. Sec. 13-39. Sec. 13-40. Sec. 13-41. Lead agency or official. Powers of the noise control officer. Division 3. Prohibited Acts General —Noise disturbances prohibited. Specific —Noise disturbances prohibited. Division 4. Exceptions and Variances ncy exception. Emerge Special event variances. Variances for time to comply. Division 5. Sound Levels by Receiving Land Use Maximum permissible sound levels by receiving land use. Reserved. Division 6. Measurement Procedures Standardized measurements required. Required measurement procedures. Division 7. Enforcement tion. Penalties. Notice of viola Immediate threat to health and welfare. Other remedies. Designation of noise sensitive zones. Administration *Cross references—, Ch. 2; procedure for disposition of abandoned property, § 2-1; code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; nuisances regarding swimming pools, § 6-222; distribution of handbills, periodicals, § 16-26 et seq. S71pp. No. 30 873 WINTER SPRINGS CODE Sec. 13-44. Motor vehicle noise. Secs. 1345-13-50. Reserved. Article III. Fire and Security Alarms Sec. 13-51. Definitions. Sec. 13-52. Notice of installation, modification. Sec. 13-53. Compliance for existing systems. Sec. 13-54. Response to reset, disable system. Sec. 13-55. Emergency telephone numbers. Sec. 13-56. Automatic shutoff of alarm. Sec. 13-57. Classification of alarms. Sec. 13-58. False alarms —Warning notice. Sec. 13-59. Same —Service fee. Sec. 13-60. Same —Waiver of fee. Sec. 13-61. Disconnection of system. Article IV. Miscellaneous Nuisances kateuuaiiliug, iolier skating, in -line skating, and other similar activities on human -propelled devices. Secs. 13-63-13-69. Reserved, Article A. Prrblie Nnwsann� �hatPtrenAe+ 1F�.,�;m<l Sec. 13-70. Intent and purpose. Sec. 13-71. Creation of the public nuisance abatement board. Sec. 13-72. Definitions. Sec. 13-73. Composition; term. Sec. 13-74. Powers; duties; jurisdiction. Sec. 13-75. Enforcement procedures. Sec. 13-76. Penalties; fines; liens; recording. Sec. 13-77. Appeal, Supp. No. 30 8%4 NUISANCES danger of the condition(s) to the public contractors, not including the residents and the property owner's inability or of the dwelling, working at a home -based unwillingness to cure such dangers, thus business in the city where such work is necessitating public action to repair or not performed remotely. secure property. The code enforcement (2) Parking related to the business activities board or special magistrate may render its order requiring the city to perform of the home -based business in violation such work as is necessary to secure the of applicable provisions of the City Code. property or to render it safe. (3) Carrying on a home -based business that (3) The enforcement officer shall take such generates a need for parking that is action as has been authorized by the code greater in volume than would normally enforcement board or special magistrate be expected at a similar residence where to secure the property or render it safe, no business is conducted. including the letting of contracts, pursu- (4) Parking of commercial motor vehicles or ant to city purchasing requirements, to trailers as defined in secfion 20-132 of repair or remove dangerous conditions the City Code used in connection with a and items. The costs and expenses of home -based business or parking home - such work shall be a lien upon the based business employees' vehicles or property, which lien may be enforced by trailers in the right-of-way, on or over a suit at law or upon proceeding in chancery. sidewalk, or on any unimproved surfaces (4) Liens for such city contracted work shall at the residence. be co -equal with all state, county and (5) Parking or storage of heavy equipment at municipal taxes and shall be superior in a home -based business that is visible dignity to all other liens, titles and claims until paid. from the street or neighboring property. Heavy equipment shall mean commercial, (5) Nothing in this section shall be construed industrial, or agricultural vehicles, equip - to require city work to be done or to ment, or machinery. imply a duty by the city to fix conditions which are the legal responsibility of the (6) Maintenance of an external modifica- owner(s) of the property. This section is tion(s) to a residential dwelling to accom- supplementary to city and code enforce- modate a home -based business that does ment board or special magistrate author- not conform to the residential character ity to order the property owner to remedy and architectural aesthetics of the nuisance conditions* neighborhood when viewed from the right - (Ord. No. 632, § I, 11-25-96; Ord. No. 2015-22, of --way or street. § 12, 10-2645) (7) Conducting of retail transactions at a structure on a residential property other Sec. 13-5. Home -based business —Enforce- than a residential dwelling. ment of state prohibitions. (8) Conducting a home -based business where (a) It shall be unlawful and constitute a public the activities of the business are primary, nuisance for a home -based business to operate in rather than secondary, to the property's violation of the following state law prohibitions use as a residential dwelling. For purposes set forth under F.S. § 559.955, as may be amended, of this section, "secondary" means a use and any violation of one or more of these prohibi that is incidental and subordinate to the tions may be prosecuted by code enforcement in primary use and area of the property accordance with law: serving as a residential dwelling and (1) Carrying on a home -based business with does not alter the principal residential more than two employees or independent use of the property. Supp. No. 30 879 WINTER SPRINGS CODE (9) Maintenance of signage that does not comply with chapter 16 or 20 of the City Code or any other applicable local, state or federal law. (10) Creation of excessive noise, vibrations, heat, smoke, dust, glare, fumes, or noxious odors that are visible or otherwise sensed or discerned on neighboring property. (11) Maintenance, storage, use or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids for any business activity in viola- tion of local, state, and federal regula- tions or so as to be offensive or injurious to the health, welfare or safety of the public. (b) This section does not supersede or repeal, or prohibit the enforcement of: (1) Any current or fixture declaration or declaration of condominium adopted pursuant to F.S, ch. 718, cooperative document adopted pursuant to F.S. ch. 719, or declaration or declaration of covenant adopted pursuant to F.S. ch. 720. (2) Any provision of the City Code related to transient public lodging establishments, as defined in F.S. § 509.013(4)(a)l. that are not otherwise preempted under F.S. ch. 509, including, but not limited to sections 110486 and 110487 regulating vacation rentals. (c) The city may enforce the provisions of this section by any lawful means including, but not limited to, abating a public nuisance pursuant to this chapter 13, article I, issuing a civil citation, bringing charges before the city's code enforce- ment board or special magistrate, and seeking injunctive and equitable relief. Where a viola- tion of this section does not constitute a hazard- ous condition requiring immediate and direct governmental action to abate a serious and continuing danger to the public, notice may be provided to the property owner and/or home - based business in accordance with F.S. ch. 162, and chapter 2, article III, division 2, of the City Code, describing a violation of this chapter. (d) It is not the intent of this section to repeal section 20-452 of the City Code. (Ord. No. 2022-09, § 2, 9-12-22) Secs. 13-6-13-25. Reserved. ARTICLE II. NOISE* DIVISION 1. GENERALLY Sec. 13-26. Purpose and scope. (a) The purpose of this article is to regulate and reduce the ambient sound levels originating within the city in ordor to nrP.qPrvP „rn+nnt 9rrl promote the public health, safety and welfare, and the peace and quiet of the inhabitants of the city, prevent injury to human, plant and animal life and property, foster the convenience and comfort of its inhabitants, and facilitate the enjoyment of the natural attractions of the city. It is the public policy of the city that every person is entitled to ambient sound levels that are not detrimental to life, health and enjoyment of his or her property. It is hereby declared that the making, creation or maintenance of exces- sive or unreasonable sound within the city affects and is a menace to the public health, comfort, convenience, safety, welfare and the prosperity of the people of the city. The provisions and prohibitions hereinafter contained and enacted are for the above -stated purpose. (b) This article shall apply to the control of all sound originating within the city limits of the City of Winter Springs. (c) This article does not apply to those noises, the control of which is expressly preempted by federal law including, but not limited to, the Noise Control Act of 1972, codified at 42 U.S.C. § 4901 et seq., related to those noises created by aircraft, railroad carriers and interstate motor carriers, as defined by federal law. This article also does not apply to those noises, the control of Editor's note —Ord. No. 2005-16, § 2, adopted Aug. 8, 2005, amended former Art. II, §§ 13-26-13-34, in its entirety to read as herein set out. Former ?u•t. II pertained to similar subject matter and derived from the Code of 1974. Supp. No. 30 880 NUISANCES which is expressly preempted by state law includ- ing, but not limited to, motor vehicle noise under section 403.415, Florida Statutes. (Ord. No. 2005-16, § 2, 8-8-05; Ord, No. 2013-02, § 2, 2-25-13) Sec. 13-27. Definitions. All terminology used in this article not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI). A -weighted sound level means the sound pres- sure level in decibels as measured on a sound level meter using the A -weighting network. The level so read is designated dBA. ANSI means the American National Standards Institute. Background sound level shall mean the sound pressure level of the all-encompasing noise emanating from a given environment, usually being a composite of sounds from many sources. C-weighted sound level shall mean the sound pressure level, in decibels, as measured on a sound levelmeter using the C-weighting network. The level so read shall be designated as dBC. Commercial area means those areas zoned and designated for commercial uses update on the city's official zoning map (including, but not limited to, C-1, C-2, C-3, PUD commercial, CC, and GID) and/or future land use map or areas where commercial uses exist. Construction means any site preparation, assembly, erection, substantial repair, altera- tion, or similar action, but excluding demolition, for or of public or private rights -of --way, structures, utilities or similar property. Decibel (dB) means a unit for measuring the magnitude of sound, equal to twenty (20) times the logarithm (base 10) of the ratio between RMS sound pressure and reference pressure (20 micropascals). Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, structures or similar property. Emergency means any occurrence or set of circumstances involving actual or imminent physi- cal trauma or property damage which demands immediate action. Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. Equivalent sound level (Leq) shall mean a sound level descriptor based on the average acoustic intensity over time. Leq is intended as a single number indicator to describe the mean energy or intensity level over a specified period of time during which the sound level fluctuated. The period of time specified in this ordinance is ten minutes. Leq is measured in dB and is expressed according to the weighting network as either A -weighted or C-weighted (LegA or LegC). Impulsive sound means sound of short dura- tion, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include, but are not limited to, explosions, drop forge impacts, and the discharge of firearms. Industrial area means those areas zoned and designated for industrial use on the city's official zoning map (including, but not limited to, I-1) and/or future land use map or areas where industrial uses exist. Motor vehicle means any vehicle which is defined as a "motor vehicle" by Chapter 316, Fl rida Statutes. Motorboat means any vessel which operates on water and which is propelled by a motor, including, but not limited to, boats, barges, amphibious crafts, water ski towing devices and hover crafts. Motorcycle means any "motorcycle" as defined in Chapter 316, Florida Statutes. Muffler or sound dissipative device means a device for abating the sound of escaping gases of an internal combustion engine. Supp. No. 30 880.1 WINTER SPRINGS CODE Noise means any unwanted sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. Noise disturbance means any sound which: (1) Endangers or injures the safety or health of humans or animals; or Supp. No. 30 880.2 UTILITIES facilities. The owner or occupant of any premises shall also be prohibited from permitting any dog or other animal under their control to interfere with such access. (c) If access to any city utility facility for the purposes herein described is impaired or denied, the city shall be authorized to discontinue sup- plying water or such other city -provided utility to the premises upon which such impairment or denial of access occurs. Such services shall be discontinued until such time access is allowed and the city has completed the examination required by this section. (Ord. No. 2002-22, § 3, 7-22-02) Sec. 19-302. Tampering with city utility system. (a) It shall be unlawful for any person to tamper, interfere, or in any way intermeddle with any city utility facility, including the city's water and sewer treatment plants, wells, reservoirs, or basins, or with utility mains, pipes, plugs, meters, lift stations, or connections inside or outside of the city limits. (b) Replacement costs due to damages from tampering with the city's utility system by any person other than a city employee or duly authorized agent will be the responsibility of the person causing the damage or the customer, if said damage occurs on the customer's property. If a customer connects to a city utility which requires a city -supplied meter registering the consumption, and the customer uses the utility without such a meter, service will be terminated and the customer will be responsible for paying for the service received and reimbursing the city for all charges incurred in terminating the service. (Ord. No. 2002-22, § 3, 7-22-02) Sec. 19-303. Trespass. It shall be unlawful for any person to enter upon or remain on any property used by the city for its utility facilities that are segregated, controlled and secured exclusively by the city, such as the water and wastewater treatment plants. The facilities may additionally be posted with no trespassing signs and/or fenced. (Ord. No. 2002-22, § 3, 7-22-02) Sec. 19-304. Enforcement. Any violation of this Article may be enforced by civil citation under section 2-66 et seq. of the City Code, as a Class IV violation, or as otherwise provided by law. (Ord. No. 2002-22, § 3, 7-22-02) Secs. 19-305-19-309. Reserved. ARTICLE IX. PROPER USE OF FERTILIZERS Sec. 19-310. Findings. As a result of impairment to the city surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and ground water within the aquifers and springs within the boundaries of the city, the city commission hereby determines that the use of fertilizers on lands within the city creates a risk of contributing to adverse effects on surface and ground water. Accordingly, the city commis- sion hereby finds that management measures contained in the most recent edition of the Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries are required. (Ord. No. 2017-08, § 2, 8-14-17) Sec. 19-311. Purpose and intent. (a) This article IX: (1) Regulates the proper use of fertilizers by any applicator; (2) Requires proper training of commercial and institutional fertilizer applicators; (3) Establishes training and licensing require- ments; (4) Establishes a prohibited application period; and (5) Specifies allowable fertilizer application rates and methods. (b) Fertilizer free zones, low maintenance zones, and exemptions. This article IX requires the use of best management practices, which provide specific management guidelines to minimize nega- Supp. No. 30 1267 WINTER SPRINGS CODE true secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, and other water bodies. Col- lectively, these water bodies are an asset critical to the environmental, recreational, cultural, and economic well-being of city residents and the health of the public in general. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regula- tion of nutrients, including both nitrogen and phosphorus contained in fertilizer, will help improve and maintain water and habitat quality. (Ord. No. 2017-08, § 2, 8-1.4-17) Sec. 19-312. Definitions. For the purposes of this article IX, the follow- ;� h^:� the g., _ P_ , car —sings cL 1U 'bn in L 11s section unless the context clearly indicates otherwise. Administrator means the city manager, or an administrative official of the city designated by the city manager to administer and enforce the provisions of this article. Application or apply means the actual physi- cal deposit of fertilizer to turf or landscape plants. Applicator means any person who applies fertilizer on turf and/or landscape plants in the city. Approved best management practices training program means a training program approved per F.S. § 403.9338, or any more stringent require- ments set forth in this article that includes the most current version of the Florida Department of Environmental Protection's "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as revised, and approved by the administrator. Best management practices means turf and landscape practices or a combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on -location means, including economic and technological considerations, for improving water quality, conserving water supplies and protect- ing natural resources. Code enforcement officer, official or inspector means any designated employee or agent who has the duty to enforce codes and ordinances enacted by the city. Commercial fertilizer applicator, except as provided in F.S. § 482.1562(9), means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. Fertilize, fertilizing or fertilization means the art of annl.rin r f # li�:r t! ^ fn.7• . v our �pt;(,1d11GCU bull, or landscape plants. Fertilizer means any substance or mixture of substances that contains one (1) or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. Fertilizer does not include unmanipulated peat or compost that make no claims as described in the preceding sentence. Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. Institutional fertilizer applicator means any person, other than a private, non-commercial or a commercial fertilizer applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintain- ing turf and/or landscape plants. Institutional fertilizer applicators shall include, but are not limited to, owners, managers or employees of public lands, schools, parks, religious institu- tions, utilities, industrial or business sites and any residential properties maintained in condominium or other form of common owner- ship. Landscape plant means any native or exotic tree, shrub, or groundcover (excluding turf). Loav maintenance zone means an area a minimum of ten (10) feet wide adjacent to water Supp. No. 30 1268 UTILITIES courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, and related activities. Person means any natural person, business, corporation, limited liability company, partner- ship, limited partnership, association, club, organization, and/or any other group of people acting as an organized entity. Prohibited application period means the time period during which a flood watch or warning, or a tropical storm watch or warning, or a bun ricane watch or warning is in effect for any portion of the city, issued by the National Weather Service, or if heavy rain, as defined by the World Meteorological Organization as rainfall greater than or equal to two (2) inches in a twenty-four (24) hour period, is likely. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this article IX, soils are considered saturated if standing water is pres- ent or the pressure of a person standing on the soil causes the release of free water. Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen means nitrogen in a form which delays its avail- ability for plant uptake and use after application or which extends its availability to the plant longer than a reference rapid or quick release product. Turf, sod, or lawn means a piece of grass - covered soil held together by the roots of the grass. Urban landscape means pervious areas on residential, commercial, industrial, institutional, highway rights -of --way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in F.S. § 570.02. (Ord. No. 2017-08, § 2, 8-1447; Ord. No. 2022- 02, § 2, 4-25-22) Sec. 19-313. Applicability. limits of the city, unless such applicator is spec cally exempted by the terms of this article IX. This article IX operates prospectively only, and does not impair any existing contracts. (Ord. No. 2017-08, § 2, 8-14-17) Sec. 19-314. Timing of fertilizer applica- tion. (a) No applicator may apply fertilizers contain- ing nitrogen, phosphorus, or both to turf and/or landscape plants during the prohibited applica- tion period, or to saturated soils. (b) Fertilizer containing nitrogen or phosphorus may not be applied before seeding or sodding a site, and may not be applied for the first thirty (30) days after seeding or sodding, except when hydro -seeding for temporary or permanent ero- sion control in an emergency situation, or in accordance with an adopted stormwater pollu- tion prevention plan for that site. (c) Fertilizer containing nitrogen or phosphorus may not be applied to turf or landscape plants from June 1 through September 30 of each year. (Ord. No. 2017-08, § 2, 8-14-17; Ord. No. 2022- 02, § 2, 4-25-22) Sec. 19-315. Fertilizer free zones. Fertilizer may not be applied within fifteen (15) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the state depart- ment of environmental protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall. Newly planted turf and/or landscape plants may be fertilized in this zone only for a sixty (60) day period beginning thirty (30) days after planting if needed to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. (Ord. No. 2017-08, § 2, 8-14-17; Ord, No. 2022- 02, § 2, 4-25-22) This article IX applies to and regulates any and all applicators of fertilizer and areas of application of fertilizer within the jurisdictional Supp. No. 30 1269 Sec. 19-316. Low maintenance zones. recommendedbut not mandate A voluntary ten (10) foot low maintenance zone is strongly , d, from any pond, stream, water course, lake, wetland, or from the top of a seawall. A swale/ WINTER SPRINGS CODE berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent City Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care must be taken to prevent the over -spray of aquatic weed products in this zone. (Ord. No. 2017-08, § 2, 8-1447) Sec. 19-317. Fertilizer content and application rates. (a) Fertilizers applied to turf shall be applied in accordance with requirements and directions provided by Rule 5E-1.003, Florida Administra- tive Code. (b) Nitrogen or phosphorus Fertilizer may not be applied to turf or landoprip(N p� :� t . c.>ccpt as provided in subsection (a) for turf, or in the University of Florida/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. Soil and tissue tests for phosphorus are normally done by UFAFAS or another accredited laboratory, IFAS recommendations are available from the County Extension Service or http://solutionsfory- ourlife.ufl.edu/lawn and garden/. (c) No fertilizer containing phosphorus may be applied to turf, sod, lawns, or landscape plants unless a soil or plant tissue deficiency is verified by a testing methodology approved by the University of Florida, Institute of Food and Agricultural Sciences. If a deficiency is verified, the application of fertilizer containing phosphorus must adhere to the rates and directions for the appropriate Region of Florida, as adopted by Florida Administrative Code Rule. This subsec- tion (c) controls over any inconsistent provisions in subsections (a) and (b) above regarding phosphorus. (d) Fertilizers containing nitrogen applied to turf or landscaping plants within Seminole County must contain no less than sixty-five percent (65%) Slow Release Nitrogen per Guaranteed Analysis Label. This subsection (d) controls over any inconsistent provisions in subsections (a) and (b) above regarding nitrogen. (Ord. No. 2017-08, § 2, 844-17; Ord, No. 2022- 02, § 2, 4-25-22) Sec. 19-318. Application practices. (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spread- ers. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces. Fertilizer free zones, and water bodies, including wetlands. (b) Fertilizer must not be applied, spilled, or otherwise deposited on any impervious surfaces. (c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. (d) Fertilizer released on an impervious surface muSi. be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. (e) In no case may fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. (Ord. No. 2017-08, § 2, 8-14-17) Sec. 19-319. Management of grass clip- pings and vegetative matter. In no case may grass clippings, vegetative material and/or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks, or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. (Ord. No. 2017-08, § 21 844-17) Sec. 19-320. Exemptions. This article IX does not apply to: (1) Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 8239140 Supp. No. 30 1270 UTILITIES (2) Other properties not subject to or covered under subsection (1) above that have pastures used for grazing livestock. (3) Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronom- ics, or horticulture. (Ord. No. 2017-08, § 2, 8-14-17) Sec. 19-321. Training. (a) All commercial and institutional fertilizer applicators shall abide by and successfully complete the six -hour training program in the "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the state department of environmental protection through the University of Florida Extension "Florida -Friendly Landscap- ing" program, or an approved equivalent. (b) Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida/IFAS Florida Yards and Neighborhoods program when applying fertil- izers. (Ord. No. 2017-08, § 2, 8-14-17) Sec. 19-322. Licensing of commercial fertilizer applicators. (a) By September 30, 2014, all commercial fertilizer applicators were required by state law to abide by and successfully complete training and continuing education requirements in the Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries, offered by the state department of environmental protection through the University A Florida/IFAS Florida -Friendly Landscapes program, or an approved equivalent program. Commercial fertilizer applicators shall provide proof of completion of the program prior to obtaining a new local business tax receipt for any category of occupation which may apply any fertilizer to turf, landscape plants, or both. Com- mercial fertilizer applicators with an existing local business tax receipt for any category of occupation which may apply any fertilizer to turf, landscape plants, or both shall provide 0 § 19-323 of of completion of the program within thirty (30) days after completing the program as required by state law. (b) All commercial applicators or fertilizer within the city, shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the state department of agriculture and consumer services as a com- mercial fertilizer applicator per 5E-14.117(18) F.A.C. (c) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi -family and condominium properties) must ensure that at least one (1) employee has a "Florida -Friendly Best Manage- ment Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a local business tax certificate. Owners for any category of occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof of completion of the program to the city tax collector's office. (Ord. No. 2017-08, § 2, 8-1447; Ord. No. 2022- 02, § 2, 4-25-22) Sec. 19-323. Enforcement, penalties, and legal proceedings. (a) Any person found to be in violation of the provisions of this article IX may be subject to any applicable civil enforcement mechanisms avail- able to the city, including, but not limited to: unctive relief; referral to the city's code enforce- ment board or code enforcement magistrate; or issuance of a citation pursuant to section 2-69 of this Code. (b) Violations of this article IX can present a serious threat to public welfare and are potentially irrA parable or irreversible. Therefore, pursuant to section 2-69.1 of this Code and F.S. § 162.21(3)(b), as these provisions may be amended from time to time, a city code enforcement officer may immediately issue a citation to any person in violation of this article IX if the code enforce- ment officer has reason to believe that the upp. No. 30 1271 WINTER SPRINGS CODE violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (c) Each incidence of violation under this article IX constitutes a separate violation and offence and a separate offence will be deemed committed on each day during or on which a violation occurs or continues. (d) In addition to the other remedies provided in this section, the city is authorized to make application in a court of appropriate jurisdiction for an injunction restraining any person from violating, or continuing to violate any provisions of this article IX. Further, the city may avail itself of any other legal or equitable remedy available to it in the enfpreem Pnt Pf any prn,Ti- sion of this article IX or any provision of any resolution enacted pursuant to this article IX. (e) The city may elect to take any or all of the t _.^,v^ r^m tliv, MnICUIPPOntly, and the pursuit of one (1) does not preclude the pursuit of another. (f) Funds generated by penalties imposed under this section shall be used by the city for the administration and enforcement of F.S. § 403.9337 and the corresponding sections of this article IX, and to further water conservation and nonpoint pollution prevention activities. (Ord. No. 2017-08, § 2, 8-14-17) [The next page is 1305] Supp. No. 30 1272 ZONING Sec. 20m323. Permitted uses. T1 T2 T3 T4 T5 ClP Administrative public buildings P P P Adult congregate living facility CU CU CU Advertising agencies CU P P Alcoholic beverage sales (package) P P Alcoholic beverage on -premises P P consumption Alterations and tailoring P P P Amusement enterprises, private com- CU CU mercial Antique and gift shop P P P Appliances, sales and service P P Artists' studios P P P Automobile repair shops (routine CU service) Automotive accessories sales CU CU Bakery, wholesale and retail P P P Bed and breakfast inn P P P Bicycles, sales and service P P P Bookkeepers P P P Bookstores, stationery, newsstands P P Bus terminal (exclusive of bus stops) CU Bridal shops P P Butcher shop, retail only P P P Carpets, rugs and linoleum P P Churches (with or without educational CU CU CU CU CU and recreational buildings and facili- ties) Cleaners (retail) P P P Coin dealers P P P Computers, hardware and software P P P sales and service Confectionery and ice cream stores P P P Convention center CU P P Corner store or neighborhood P P P convenience store without gas pumps Corner store or neighborhood CU convenience store with gas pumps Dance and music studios P P P Day care centers CU CU CU Drug and sundry stores P P Dry cleaner P P Equestrian facilities CU CU CU Employment agencies P P Financial institutions, banks, savings CU CU and loan Florist and gift shops P P P Furniture, retail, new and used P P Gas Stations CU CU Grocers, retail and wholesale CU P P Gun shop (retail, no gun range) CU P P Hair, nail and tanning salons P P P Hardware stores P P Health food P P P Hobby and craft shops P P P Home occupations P P P Supp. No. 30 1342.15 § 20-323 WINTER SPRINGS CODE T1 T2 T3 T4 T5 C/P Hospitals and nursing homes CU CU Hotel p Inn p p Insurance p p p Interior decorating and draperies P P p Jewelry stores p p p Launderettes and Laundromats CU CU Libraries p p p Loan companies CU CU Locksmiths p p p Luggage shops p p p Manufacturing and assembly of scientific and optical precision instru- ments CU P P Medical and dental clinics and laboratories CU CU Municipal buildings CU CU CU P Museums and/or cultural institutions CU P P INUI.1Ut1U.7 plawjb, I.LeeJ, CIA., 1'euan CU UU GU CU Offices p p p p Paint store p p Parking garages, standalone CU CU P Parks (public) and public recreation areas and facilities P p Pet shops and grooming p p p Photographic studios p p p Physical fitness and health clubs p p Post office (federal government) CU CU P Printers, commercial CU Private clubs and lodges CU P P Public restrooms p Public utilities and service structures CU CU CU CU CU CU Quick printers p p Radio and TV broadcasting studios, excluding towers p p Radio and TV sales and service P p Reception facilities (meeting rooms, etc.) P P p Rental stores, excluding auto/truck rentals P P p Retirement homes, including independent living through assisted living CU CU CU Residential, single family (attached) P P p Residential, single family (detached) P P CU Residential, multifamily CU CU Restaurants p p p Schools CU CU CU Shoe repair shops P p p Sidewalk cafes p p p Skating rinks CU CU CU Snack shops p p p Sporting goods, retail p p p Stadiums and arenas CU CU Swimming pools; sales, service and supplies CU CU CU Tailoring shops p p p Taxidermists CU CU Supp. No. 30 1342.16 ZONING Ti T2 T3 T4 T5 ClP P P Theaters, not drive-ins Title companies CU P P Tobacco shops CU CU P Town center marketing and sales P P P center P P P Toy stores P P P P P P Trail heads P P Travel agencies P Veterinary clinics (no overnight board- P P ing, except for indoor post -medical procedure observation, or outdoor ken- nels) P P P Wearing apparel stores CU CU CU CU Any other similar retail store or busi- ness enterprise permitted in the relevant transect, provided the proposed use is not specifically limited to a different town center transect or some other zoning district within the city and provided a conditional use is approved by the city commission. Approved conditional use may be conditioned upon a required develop- ment agreement at the discretion of the city commission or as required by the City Code to address development terms and conditions related to the approved conditional use use. P—Permitted by right. CU—Conditional use. Supp. No. 30 1342.17 WINTER SPRINGS CODE Main Street (Tuscawilla Road): Winter Springs Town Center (Ord. No. 2012-06, § 2, 3-12-12; Ord, No. 2014-09, § 2, 4-2844; Ord. No. 2016-07, § % 44146; Ord. No. 2016-07, § 2(Exh. A), 44146; Ord. No. 2019-09, § 3(Exh. A), 6-1049; Ord. No. 202M4, § % 124M2) Sec. 20m324. General provisions. The following general provisions apply to all street types. (1) Corner radii and clear zones. Corner curb radii shall be between nine (9) feet and fifteen (15) feet, with the following permitted exceptions: 1) where a curb radius must be larger in order to meet the minimum requirements to obtain a required permit from another agency (FDOT, Seminole County, etc.); and 2) where the fire marshal has determined that a larger curb radius must be provided. Fairly tight turning radii shorten pedestrian crossings and inhibit reckless drivers from turning corners at high speeds. To allow for emergency vehicles (e.g., fire trucks) to turn corners, a twenty -five-foot radius clear zone shall be established free of all vertical obstructions including but not limited to telephone poles, sign poles, fire hydrants, electrical boxes, or newspaper boxes. Supp. No. 30 1342.18 CODE COMPARATIVE TABLE Ordinance Number Date Section 3(1) 3(2) 2020-04 8-10-20 2 2020-08 9-28-20 2 2021-01 2- 8-21 2 2021-02 4-12-21 2 2021-04 5-10-21 2 2021-05 8- 9-21 2 3 4 2022-02 4-25-22 2 2022-03 3-28-22 2 2022-04 12-12-22 2 2022-09 9-12-22 2 2022-10 9-12-22 2 Section this Code Added 5-18(c)(8) Ch, 5, App. B Ch. 5, App. C Rpld Ch. 20, Art. VI, Tables 1, 2 Rpld 11-4 Added 2-650 Added 14-2 Added 18-220,18-221 20-28 2-27(c), (m) Rpld 8-1-8-9, 8-31-8-34, 8-51-8-55 Added 8-1, 8-11-8-62, 8-81-8-95, 8-98-8-110 Rpld 9-101(a)(2) Added 9-241(d)(4) Added 6-82 19-3121 19-314, 19-315, 19-317, 19-322 2-29 20-323 Added 13-5 5-4, 5-4.51 5-9, Table 1 Supp. No. 30 2107 [The next page is 2145] 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 FI. 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 99.093 100.201 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. 30 Section 2 29 Section this Code 19-92(c) 19-95(b) 19-95(c) 19-129 Ch. 19, Art, IV, Div. 2 19-315 Section this Code 20-232(a)(64) 11-1 2-61 2-61 2-61 13-74 wz 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. 163.3180 163.31801 163.3181(3) 16343202 163.3209 163.3215 163.3220-16344243 Ch. 166 166.021 166.032 166.033 166.041 2145 166.0415 166.201 et seq. 166.221 166.231 166.231 et seq. Section this Code 2-60 3-3 19-255 19-323 3-101 10-57 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 9-55019-551 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 20-102(f) 18-153 20-104 19-255 Ch. 2, Art. Vol Ch. 18 Ch. 10 18-29, 18-30 Ch. 18, Art. II F.S. Section 166.0425 166.3161 170.01 et seq. Ch. 171 Ch. 177 Ch. 180 et seq. 189.4042 197.3632 197.3635 200,065 Ch. 202 202.11 202.20 203.012 Ch. 205 205.043(c) 205.053 205.053(1) 206,9925 Ch. 212 Ch. 218 28640114 286.0115 286.012 315,1956 Ch. 316 WINTER SPRINGS CODE Section this Code Ch. 16, Art. III 20-104 Ch. 17 Ch. 2, Art. V Ch. 9 9-2, 9-9 Ch. 17 18-121 18-151 18-151 Ch. 2, Art. VI 18-28 18-26 18-31 18-26 Ch. 10 Ch. 10, Art, II 10-30 10-32 10-29 17-103 18-27 Ch, 2, Art. VI 2-28 2-30 2-30 12-65 Ch. 12 12-2 13-26 17-102 20-431(1)a. 316.003 12-82 3160061 12-100 20-438 316.008(1)(e) 17-102 316,0083 12-84, 12-87 12-88 316.0745 12-89 316,193 12-100 316.1945(b)(2) 7-4 316.1955 et seq. 20-467,20-483 20-504 316,2055 Ch. 16, Art, II 316,2065 13-62 316.2126 6-87 3164293 13-44 3164640 12-86 316.646(4) 12-100 Ch. 318 12-2 318.14 12-87 Ch. 320 12-2 320,01 8-1 F.S. Section 320.01(1) 320.8249 Ch. 322 322.03 322.34 Ch. 324 337.401 366.02 373.036 376.031 Ch. 380,06 381.0065 381.986 403.413(4) 403.415 403.9337 403.9338 413.08 458.3265 459.0137 479.155 Ch. 480 482.1562(9) 489.105 489.127 489.132 500.80 Ch. 509 509.013(4)(a)l. 509.102 509.102(1) 533.73 538.01 et seq. Ch. 553 553.06 553.19 553.73 553.73(5) 553.73(10)(k) 553.955 et seq. 559.955 Chs. 561-565 561.01 561.01 et seq. 561.14 561.20(7)(a) Section this Code 12-100 8-89 12-2 12-100 12-100 12-100 18-31 E:�Ci+9 8-40 17-103 9-403 8-40 204 12-100 13-36 Ch. 16, Art. II 19-323 19-312 17-107 13-72,20-259 20-421, 20-452 13-72, 20-259 20-421, 20-452 Ch. 16, Art, III 10-55 19-312 6-32 6-270, 6-272, 6-274, 6-275, 6-279 6-270, 6-272 20-1 13-5 13-5 20-650 20-650 6-31, 6-32 Ch. 10, Art. VI Ch. 6 Ch. 6, Art. III Ch. 6, Art. V Ch. 6, Art. W Ch. 6, Art. V 6-81 8-51 8-35 6-6 13-5 10-73 Supp. No. 30 2146 STATE LAW REFERENCE TABLE F.S. Section F.S. Section Section this Code Section this Code 562.45(2) Ch. 10, Art, III, Div. 2 865.09 10-68 570.02 19-312 865.09 10-61 585,001 17-107 874.03 13-72,13-74 585.01 17-107 Ch. 893 10-73 604.50 8-35 893.02 12-100 Ch, 633 Ch. 72 7-46 893.03 17-124 7-50 893.13 13-74 6330521 7-54 893,138 13-72, 13-74 1 650 Ch. 14, Art, II Ch. 893 13-72 �hw14-26(a) 893.138 13-70 650.02 14-26(a) Ch. 895 10-73 705,101 et seq. 2-1 943,085-9430255 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, 775.083 2-69.5(e), 11-1 12-88 7844011 13-74 7844021 13-74 784.03 13-74 7840045 17-124, 13-74 790,001 17-105 790.33 17-105 791.01 17-105 Ch. 794 10-552 10-73 Ch. 796 10-522 10-55, 10-73 796.07 13-721 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 8120131 13-74 8126014 13-74 812.019 13-74 8174321 817.33 Ch. 10, Art. IV 8230041 17-107 823.14 19-320 Ch. 826 10-551 10-73 Ch. 827 10-73 Ch. 828 Ch. 4 843.01 17-124 Ch. 847 10-552 10-73 847.13 10-55 84710133 10-55 Ch. 849 10-115, 17408 849.04 Ch. 10, Art, IV 849.07 Ch. 10, Art. IV 849.16 10-115 849,231 17-108 8564015 17-108 (The next page is 21971 Supp. No. 30 2147 CODE INDEX Section Section MINORS (Cont'd.) MOTOR VEHICLES AND TRAFFIC (Cont'd.) Alcoholic beverage sales near schools Stop intersections prohibited. I 1 0 0 0 1 4 1 6 0 0 1 1 4 0 I'll& 1 0 1 rohibited......................... 3-2 Certain ordinances not affected by Secondhand precious metals, dealing with Code ......................... 1-7(14) persons under age eighteen years Land development prohibited ......................... 10-155 Off-street parking and loading........ 9-276 et seq. See: LAND DEVELOPMENT MOBILE HOMES AND MOBILE HOME Mobile homes to be parked in mobile home PARKS parks; exception .................. 0 12-70 Zoning regulations for trailers and mobile Noise disturbances prohibited homes ............................ 20-91 et seq. Motor vehicle noise generally 13-44 See: ZONING Specific provisions MONTH Model vehicles, 13-31(h) Definitions and rules of construction..... 1-2 Vehicle and boat repairs ........... 13-31(e) Off-street parking and loading MONUMENTS Generally. I . 0 11 1 0 4 *1 1 1 a *1 0 12-69 Land development monuments .......... 9-180 Land development requirements ...... 9-276 et seq. MOTELS. See: HOTELS AND MOTELS See: LAND DEVELOPMENT Zoning regulations ................... 20-128 et seq. MOTOR VEHICLES AND TRAFFIC See: ZONING Abandonment One-way streets Prohibited ........................... 12-53 Certain ordinances not affected by Code 1-7(14) Adoption of state law ................... 12-2 Parking, stopping and standing Buses Bus, taxi stands, use of, I 1 6 1 0 4 0 0 0 1 1 1 1 1 12-68 Stands, use of, 12-68 Chief of police, powers and duties re Citations parking of vehicles . . . . . . . . . . . . . . 12-27 Alteration or destruction ............. 12-32 Cleaning, repairing vehicles on roadway 12-66 Failure to obey. 12-31 Land development requirements for off - Issuance ............................. 12-29 street parking and loading....... 9-276 et seq. City parks and recreational areas ....... 17-102 See: LAND DEVELOPMENT Cleaning, repairing vehicles on roadway . 12-66 Loading or unloading zones........... 12-69 Definitions ............................. 12-1 Mobile homes to be parked in mobile Fines for violations ..................... 12-30 home parks; exception........... 12-70 Flood damage prevention No -parking areas Flood resistant development Certain ordinances not affected by Recreational vehicles and park trail- Code,,. 4 0 0 1 1 6 1 0 6 0 4 0 1 1 1 1 1 0 4 6 1 0 1-7(14) ers Obedience to signs, markings . . . . . . . . . 12-67 Permanent placement ........... 8-99 Off-street parking and loading Temporary placement ........... 8-98 Land development requirements.... 9-276 et seq. Food dispensing vehicles, mobile......... 20-650 See: LAND DEVELOPMENT Golf carts, operation of Zoning regulations. 20-128 et seq. Definitions .......................... 12-71 See: ZONING Enforcement ......................... 12-77 Prohibitions, generally ............... 12-65 Inspection and registration of golf carts Stop intersections required ........................ 12-75 Certain ordinances not affected by Insurance required. I 1 0 1 1 0 0 1 1 1 1 0 0 0 1 111 12-76 Code......................... 1-7(14) Required equipment. 1 1 4 0 4 1 1 0*0w,40*01 12-74 Police department Restrictions. I I 1 0 0 4 1 1 6 0 0 1 1 4 0 4 0 1 0 0 0 1 1 1 1 12-73 Chief of police, duties and powers of re Use of golf carts on designated roadways 12-72 operation and parking of vehicles 12-27 Gongs, sirens on vehicles, noise provisions 13-32 Citation Handbill distribution on or in vehicles ... 16-28 Alteration or destruction of. 12-32 Impoundment Failure to obey ................... 0 12-31 Impoundment of motor vehicles used to Issuance of ........................ 12-29 facilitate certain misdemeanor Referral of parking violations to hear - crimes and parking and traffic ing officer . . . . . . . . . . . . . . . . . . . . 12-33 regulations ..................... 12-100 Duties to regulate motor vehicles and Intersections traffic .......................... 12-26 Fences, etc., limitations re ............ 6-191 Fines for violations ................... 12-30 Land development requirements ...... 9-155 Traffic violation bureau, powers and Obstructions. 17-30 duties of........................ 12-28 Supp. No. 30 3125 WINTER SPRINGS CODE Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) Red light code enforcement infraction Definitions .......................... 12-82 Law Consistency with state law ......... 12-90 Implementation of general law ..... 12-85 Legislative findings and intent/purpose 12-80 Red light traffic control signals, adher- ence to ......................... 12-83 Review of recorded images............ 12-86 Signage ............................. 12-89 Traffic infraction detectors, use of..... 12-81 Uniform traffic citation ............... 12-88 Violations Notice of violation ................. 12-87 Violation .......................... 12-84 Regulations generally, . 4 12-51 Skateboarding, roller skating, in -line skat- ing, other similar activities on human - propelled devices .................. 13-62 Speed limits Certain ordinances not affected by Code 1-7(14) Vehicular speed limits ................ 12-52 Taxicabs Passenger rates Certain ordinances not affected by Code ......................... 1-7(13) Stands, use of ........................ 12-68 Traffic violation bureau, powers and duties of................................. 12-28 Traffic -control signs, signals and devices Certain ordinances not affected by Code 1-7(14) Land development; streetlights and traf- fic signs ........................ 9-204 Obedience to ......................... 12-67 Red zone infractions. See herein: Red Light Code Enforcement Infrac- tion Truck routes Certain ordinances not affected by Code 1-7(14) Violations, fines for ..................... 12-30 Referral of parking violations to hear- ing officer ...................... 12-33 Zones Loading and unloading zones ......... 12-69 Zoning regulations for motor vehicles .... 20-431 et seq. See: ZONING MULCHING Land development x•equirements......... 9-160 MUNICIPAL SERVICE BENEFIT UNITS. See: TAXATION MUSICAL INSTRUMENTS Noise disturbances prohibited w NOISE Section NOISE (Cont'd.) City parks and recreational areas Noise and other conduct .............. 17-112 Definitions ............................. 13-27 Designation of noise sensitive zones ..... 13-43 Emergency exception ................... 13-32 Immediate threat to health and welfare.. 13-41 Lead agency or official .................. 13-28 Maximum permissible sound levels by receiving land use ................. 13-35 Motor vehicle noise ..................... 13-44 Noise control officer Powers.............................. 13-29 Noise disturbances prohibited Generally, . 0 0 0 4 1 1 0 M 6 1 1 1 . 4 0 13-30 Specific provisions ................... 13-31 Notice of violation ...................... 13-40 Other remedies, . 13-42 Penalties, . 13-39 Required measurement procedures ...... 13-38 Standardized measurements required.... 13-37 Variances Special event variances, . 13-33 Vcrimlras foil time, to coinply.......... 13-3Zi NUDITY Nudity prohibited upon alcohol licensed premises and bottle clubs .......... 3-10 NUISANCES Definitions ............................. 13-1.5 Duty of owners of buildings to keep sur- rounding property clean; notice; failure to comply with notice ...... 0 13-3 Fire and security alarms ................ 13-51 et seq. See: ALARMS AND ALARM SYSTEMS General prohibition, . I 1 0 0 0 0 1 1 W 0 0 4 1 1 0 4 0 1 1 13-1 Home -based business —Enforcement of state prohibitions, . 13-5 Noise .................................. 13-26 et seq. See: NOISE Procedure for city enforcement of non - imminent hazards ................. 13-4 Prohibitions, . 0 0 1 1 0 4 * 0 1 1 13-2 Public nuisance abatement board, 13-70 et seq. See: PUBLIC NUISANCE ABATE- MENT BOARD Skateboarding, roller skating, in -line skat- ing, other similar activities on human - propelled devices .................. 13-62 Swimming pool nuisances ............... 6-222 NUMBER Definitions and rules of construction..... 1-2 0 OATH, AFFIRMATION, SWEAR OR SWORN Definitions and rules of construction..... 1-2 Supp. No. 30 3126 CODE INDEX Section OBSCENITY. See: INDECENCY AND OBSCENITY Section Supp. No. 30 3126.1