HomeMy WebLinkAboutSupplement No.27SUPPLEMENT NO. 27
October 2020
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. 2020-04, enacted August 10, 2020.
See the Code Comparative Table for further information.
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Checklist of up-to-date pages
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(following Table of Contents)
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unicipal Code CorporationBox 2235 Tallahassee, FL 32316
CURRENT OFFICIALS
CITY OF
WINTER SPRINGS, FLORIDA
Charles Lacey
Mayor
Jean Hovey
Kevin Cannon
Ted Johnson
TiAnna Hale
Geoff Kendrick
City Commission
Shawn Boyle
City Manager
Anthony A. Garganese
City Attorney
Christian Gowan
City Clerk
Supp, No, 27 111
TABLE OF CONTENTS
Page
Current Officials of the City ................................
Preface.....................................................
v
vii
Adopting Ordinance.
Checklist of UpAo-Date Pages ........................... .
[1]
Supplement History Table ............ •
. SH:1
PART I
1
Charter.................................................... 3
Art. I. Corporate Name. 3
Art. II. Territorial Boundaries ................ • • • • • • 3
Art. III. Powers of the City ......................... 3
Art. IV. Governing Body ........... • • • • • • • • • • • • • 8
Art. V. City Manager ............................... 9
Art. VI. Administrative Departments ................ 9
Art. VII. Financial Procedure ........... • • • • • • • • ' ' ' ' 11
Art. VIII. Nominations and Elections........ • • • • • ' • ' 12
Art. IX. Initiative and Referendum ............ • • • • • 14
Art. X. Amendments .......................... • • • • • 14
Art. XI. Severability .............•.••••••••••••' " " 14
Art. XII. Powers14
Art. XIII. Transitional Provisions .................. .
Charter Comparative Table ................................. .
67
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions ..............•••••••••••••••••••••"'
77
133
2. Administration .....................................•• 137
Art. I. In General .............................. 138
Art. II. City Commission .......................... .
140914
Art. III. Boards, Committees, Commissions .. • 140.14
Div. 1. Generally ..........................•• 143
Div. 2. Code Enforcement ............. • • • • • • • " ' Subdiv. A. Code Enforcement ...... 0 • • • • • • . ' 143
144063
Subdiv. B. Citations ......... • • • • • • • ' ' • ' ' ' ' ' 146A
Div. 3. Reserved..........................•••..0 146.1
Div. 4. Urban Beautification ... • • • 146.2
Art. IV. Elections... 0 0 0 4 0 0 0 0 0 t 148
Art. V. Annexations and Rezoning .................. .
Supp. No. 27 0
X
WINTER SPRINGS CODE
Chapter
Page
Art. VI. Finance .....meow. mom 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 , .......... , 4 9 0 6 149
Div. 2. Conditions of Emergency, . 0 ommmoommoe a 0 9 m 152
Art. VIII. Jobs Growth Incentive Grant Program ..... 153
3. Alcoholic Beverages ............. a .
4. Animals ..... .
5. Tree Protection and Preservation, 000 0 0 me 309
App. A. Undesirable Trees ..........00 331
App. Be Desirable Trees ......... ���
to
APp• C• Approved Streetscape Canopy Tree Types For
Streetscapes Along S.R. 434 and Tuskawilla
Road....... Glee... 340
App, D. Tree Protection Area Signage ............... 341
6. Buildings and Building Regulations ,,,,,,, , , ,,, , , , , , , , , , , 367
Art. I. In General . a9*0640367
Art. II. Administration ................... . 367
Div. 1. Generally, ..................... • ...•.0 367
Div. 2. Reserved.. ............ 384
Art. III. Building Construction Standards ........... 384
Art. IV. Electrical, Plumbing, Mechanical and Gas .. .
390*4
Art. V. Fences, Walls Hedges .......... , moot ...... , .. 390.4
Art. VI. Swimming Pools ........................ . . . 391
Art, VII. Citations; Unlicensed Contractors; Failure to
Obtain Building Permit .............. moo 6 .. 393
Art. VIII. International Property Maintenance Code . 396
7. Fire Prevention and Protection............
*mom stoves wool* 433
Art. I. Fire and Emergency Medical Services......... 435
Art. II. In General .............. . 435
Art. III. Local Amendment to the Florida Fire Preven-
tion Code . „gos states mom 436
Art, IV. Fire Hydrants .............................. 437
8. Flood Damage Prevention..
Art. I. In General .......... . .. . . . 493
495
Art. II. Administration . 501
501
Art. III. Standards . " " '
504
9. Land Development . ......... .
55
Art. I. In General 5
Art. II. Procedure for Securin A 561
............
g pproval of Plans and
Plats. ........................... 0004 564.2
Div. 1. Generally . 0 0 6 9 0 0 ........................ 564.2
Div. 2. Preliminary Plan ........................ 564.2
Supp. No. 27
x
TABLE OF COIN TENTS—Cont'd.
Chapter Page
Div. 3. Final Development Plan, Final Plat . • • 566
569
Art. III. Design Standards ................. • • Div. 1. Generally ..........................••••• "569
69 5
Div. 2. Lots and Blocks ..........••••••••'•'•' 571
Div. 3. Streets and Alleys ......... • • • • • • • " • ' • " 576
Art, IV. Required Improvements ..... • • • • • • • ' ' ' • ' ' ' • Div. 1. Generally .....6
.....................•• 5757
Div. 2. Streets and Bridges .................... .
Div. 3. Sidewalks, Driveways, Curbs and Gutters. 582
Div. .4. Drainage. 4 a a 4 a 6 a 4 1 0 0 a 6 4 a 0 6 0 0 0 0 4 0 6 4 a 0 0 582.1
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 .........................••••••• 632
31
Art. IX. Vested Rights. ........•••••'•..•••• 638
Art. X. Concurrency Administration and Evaluation
Procedure ••••• '•'•'•'• 638
Div. 1. Overview and Exemptions .............. .
Div. 2. Levels of Service Standards (LOS).. • • • • • • 641
643
Div. 3. Concurrency Administration ...... a • • • • • • 644
Div. 4. Appeal Procedures. 9 a 4 6 0 0 2 0 0 * a 0 0 a
Div. 5. Transportation Facility Proportionate Fair- 644.1
Share Mitigation Program .............. .
Art. XI. Nonconformities ....................... • • • • • 644.6
Art. XII. Minimum Community Appearance and
Aesthetic Review Standards ............... 649
693
10. Licenses and Business Regulations* 695
Art. I. In General ... ..........................• 695
Art. II. Local Business Tax Receipts* ............... .
Art. III. Sexually Oriented Businesses and Adult Entertainment Establishments ......... • • • • 696 696
Art. IV. Amusements .......... • • • • • • 4 • • •
Art. V. Peddlers and Solicitors and Miscellaneous Sales 735
Art. VI. Secondhand Precious Metals ............... .
737
Art. VII. Pain Management Clinics .................. 738
11. Miscellaneous Offenses.....*......... • •
761
12. Motor Vehicles and Traffic .............................. 815
Art. I. In General .................................. 817
Art. II. Administration .................... • • . • • • • • 8
Art. III. Regulations ................................ 820
Div. 1. Generally ............................... 820
Supp. No. 27 i x
Chapter
WINTER SPRINGS CODE
Div. 2. Stopping, Standing, Parking ............ .
Div. 3. Operation of Golf Carts ................. .
Art. IV. Red Light Code Enforcement Infraction..... .
Art. V. Impoundment of Motor Vehicles. 0 0 9 0 * 0 0 a 6 . .
13. Nuisances ...............
Art. I. In General ...... .
Art. II. Noise ......................................
Div. 1. Generally ...................... .
Div. 2. Powers and Duties of Noise Control Officer
Div. 3. Prohibited Acts......... .................
Div. 4. Exceptions and Variances .............. 0 .
Div. 5. Sound Levels by Receiving Land Use .... .
Div. 6. Measurement Procedures ............... .
Div. 7. Enforcement ............................
u+. III. ire and Security Alarms... .
Art. IV. Miscellaneous Nuisances. .
Art. V. Public Nuisance Abatement Board .......... .
14. Personnel, . 0 9 0 0 4 0 4 9 *
Art. i. In General ..................................
Art. II. Old Age and Survivors Insurance,
Art. III. Pension Plan ..............................
15. Planning
Art, I. In General ...... .
Art. II. Comprehensive Plan ...... .
Art. III. Comprehensive Plan Amendments ......... .
16.
17
18.
Signs and Advertising,. . .... . . . . . . .
Art.
Art. II. Distribution of Handbills and Periodicals. .
Art. III. Signs ..........................
Div. 1. Generally
Div. 2. Standards,.** .,.,.
Streets, Sidewalks and Other Public Places ........ . .. . .
Art. I. In General ...... . ..............
Art. II. Streets ......... .............
Art. III. Sidewalks .................................
Art. IV. Excavations ... , seesM 0
Art, V. City Parks and Recreational Areas ......... , .
Taxation.
Art. I. In General ..... .
Art. II. Municipal Public Service Tax .
Art. III. Local Improvements Assessments,
Div. I. Generally..... . see 0*90406M .
Div. 2. Assessed Areas and Advisory Committees.
Div. 3. Local Improvement Assessments ...... , .
Div. 4. Related Service Assessments,
Div. 5. Collection of Assessments .............. .
Supp. No. 27
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933
934
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1043
1043
1045
1045
1052
1101
1103
1103
1105
1105
1106
1157
1159
1159
1162
1162
1164
1166
1169
1173
TABLE OF CONTENTS-Cont'd.
Page
Chapter
Div. 6. Issuance of Obligations . • • • 1175
Div. 7. General Provisions • .................... .
Div. 8. Specific Special Assessment Disticts and 1176
Areas. 5 ......•..•.•..••..••.•...a . •.. 1177
Art. IV. Fire Rescue Assessment ................ 1177
Div. 1. Introduction • .......................... .
Div. 2. Annual Fire Rescue Assessments • ........ 1180
Div. 3. Collection and Use of Fire Rescue Assess- 1186
ments& .•.•..•....•..•....•.•.•..•..•.• 1189
Div. 4. General Provisions.
19. Utilities ............................................ 1227
1230.1
Art. I. Solid Waste ............... • • • " " " 1230.2
Art. II. Wastewater System..•..•.••••.•••••••••'''• Div. 1. Generally ......................... • 1230.2
1232.
Div. 2. Administration••..•..•.••••••••••''''e'v 1235
Div. 3. Use Regulations•.••.•..•.•.••••••••••"' 1238
Div. 4. Rates, Fees and Charges .... • • . • . • .. • . • . .
Div. 5. Sewerage Revenue Generation System. • • 1252
1252.1
Art. III. Reclaimed Water System .. • . • .. • .... • • • • • • ' 1254
Art. IV. Potable Water Supply... • .... • • . • . • • . • • • • • " 1254
Div. 1. Generally.•.••.•.•....••.•..
Div. 2. Cross -Connection Control, Backflow Preven- 1254
tion.. k a t 0 0 0 0 4 & 0 0 0 0 4 0 4 W 4 0 0 4 4 6 0 0 4 0 0
1255
Art. V. Stormwater Management Utility • .... • • . • . • • .
Art. VI. Water Shortage Conditions and Shortages • .. 1260.7
Art. VII. Water Conservation and Landsacape Irriga- 1263
tion .............. 1266
.
Art. VIII. Utility Protection and Enforcement. • .... • .
Art. IX. Proper Use of Fertilizers. • ........ • ... • • . • • • 1267
,,,, 20, Zoning. .•..•.....•.•.•....•........................ 1305
Art. I. In General ............................. 1311
131
Art. II. Administration ...................... • • • . • •
Div. 1. Procedure; Land Use Decisions .......... • 1316
Div. 2. Planning and Zoning Board ....... • • • • • ' 1322*1
1323
Div. 3. Reserved.. .......•.•••••• " " " 1323
Art. III. Establishment of Districts ............ • 1323
Div. 1. Generally ..•......••.•..•••••0 •••""" 1325
Div. 2. R-1AAA Single -Family DwellingDistricts .
Div. 3. R-CI Single -Family Dwelling District ... • . 1326
Div. 4. R-IAA and R4A One -Family Dwelling 1327
Districts . 0 0 9 0 0 0 0 0 0 4 0 4 0 a 0 6 a 0 0 t a 4 9 a a
1329
Div. 5. R-1 One -Family Dwelling Districts . • .... .
Div. 6. R-3 Multiple -Family Dwelling Districts . • • 30 13
Div. 7. C-1 Neighborhood Commercial Districts • •
Div. 8. C-2 General Commercial District .. • • • • • ' ' 1331
1332
Div. 8.5• I-1 Light Industrial District ... • .. • . . . . .
Div. 9. R-U Rural Urban Dwelling Districts • . • .. • 1336.4
Div. 10. T-1 Trailer Home Districts .......... • • • • 1336.5
Supp. No. 27 xiii
WINTER SPRINGS CODE
Chapter
Page
Div. 11, R-T Mobile Home Park Districts ....... , 1337
Div. 12. Town Center District Code. a . . . ....... . . 1341
Div. 13. Greeneway Interchange Zoning District.. 1344
Div. 14. CC Commerce Center Zoning District .. , 1346,4
Div. 15. C-3 Highway 19-92 Commercial District. 1348
Art. IV. Planned Unit Developments ..... . . . . . . . . . .. 1350
Art. V. Supplemental District Regulations .. , .. , . , , .. 1355
Div. 1. Generally . 1355
Div. 2. Motor Vehicles 6*06M1359
Div. 3. Siting and Regulation of
Telecommunications Towers....... , .. 1370,3
Div. 4. Regulation of Home Occupations or Home
Offices . 1380
Art. VI. S.R. 434 Corridor Vision Plan....... 1382
Div. 1. S.R. 434 Corridor Overlay Disf.riet
Div. 2. General Design Standards for New Develop- 1J�G
ment Area ........................... 1382
Div. 3. Reserved ................... 1386
Div. 4. Reserved......
"s'.1386
t• VII. S.R. 434 and 1`uskawilla Road Streetscape
Requirements . , . , . , ..... , 1386
Art. VIII. Mobile Food Dispensing Vehicles .. , .. , .. , . 1389
Code Comparative Table-1974 Code. * 0 , , , ,, , , , , , , ,, , , , , , , , , , 2091
Code Comparative Table —Ordinances , , ,,,, , ,, , ,,,, , , , , , , , , , , 2093
State Law Reference Table .................................. 2145
Charter Index ... 2197
CodeIndex ................................................. 3101
Supp, No. 27
XiV
Checklist of Up -to -Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page -for -page
substitution basis, it has become evident that through usage and supplementation many
pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to determine
whether the Code volume properly reflects the latest printing of each page.
In the first column all page numbers are listed in sequence. The second column reflects
the latest printing of the pages as they should appear in an up-to-date volume. The letters
IOU 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.
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g 22 77, 78 4
Title page OC
27 791 80
OC 81, 82 OC
v, vi 4
vii, viii OC 83
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ix, x 23
xi, xii 27 135, 136
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13420360455 1342636,46 18 2095, 2096 OC
13420364475 1342036048 18 2097, 2098 9
13420366495 1342.36.50 18 2099 2100 9
1342.36.51) 1342036052 18 2101, 2102 18
1342936,535 1342036054 18 2103, 2104 21
13429360555 1342.36.56 18 2105, 2106 27
1343,1344 26 2107 27
1344015 1344.2 26 2145, 2146 27
1345, 1346 21 2147, 2148 27
1346.1, 1346.2 21 2197, 2198 16
1346031 1346.4 21 2199 16
1347, 1348 22, Rev. 3111, 3112 19
134% 1350 22 311353114 27
1350015 1350.2 22 3115, 3116 27
1351, 1352 20 3117, 3118 27
13535 1354 20 3119, 3120 27
1355, 1356 26 3121, 3122 18
135751358 26 3123 26
13595 1360 26 3125, 3126 27
13615 1362 26 3127, 3128 27
1363, 1364 26 3129, 3130 20
1365, 1366 26 3131, 3132 24
1367 26 313353134 27
1370.3, 1370.4 15 3135, 3136 27
1371, 1372 10 3137, 3138 27
[6]
Supp. No. 27
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No.
3139 27
[7]
sups. No. 27
SUPPLEMENT HISTORY TABLE
Date Include!
Ord. No. Adopted Omit Supp. No.
Include 26
54349
2019-07 2019-08 543A9 Include 26
2019-09 6-1049 Include 26
2020-02 4-27-20 Include 27
2020-03 743-20 Include 27
2020-04 8-10-20 Include 27
Supp. No. 27 SII:3
Chapter 5
TREE PROTECTION AND PRESERVATION*
Sec. 5-1. Applicability.
Sec. 5-2. Intent and purpose.
Sec. 5-3. Definitions.
Sec. 5-4. Permit required for tree removal and land clearing; separate
violations; criteria; contractor permit required.
Sec. 5-4.5 Exemption for tree removal activities authorized and preempted
by state or federal law.
Sec. 5-5. City arbor division.
Sec. 5-6. Permit application.
Sec. 5-7. Tree pruning standards.
Sec. 5-8. Specimen or historic trees.
Sec. 5-9. Tree replacement guidelines.
Sec. 5-10. Prohibitions.
Sec. 5-11. City trees; care and maintenance.
Sec. 5-12. Permit contents; expiration; removal after expiration of permit.
Sec. 543. Minimum tree requirement.
Sec. 5-14. Tree protection during development and construction; periodic
inspection.
Sec. 5-15. Voluntary tree planting.
Sec. 5-16. Waivers; incentive program and appeals.
Sec. 547. Remedial action.
Sec. 5-18. Enforcement; penalties.
Sec. 5-19. Authorization to adopt rules and regulations and fees for
implementation.
App. A Undesirable Trees
App. B Desirable Trees
App. C Approved Streetscape Canopy Tree Types for Streetscapes
Along S.R. 434 and Tuskawilla Road
Appe. D Tree Protection Area Signage
*Editor's note —Ord. No. 2002-08, §§ 1, 2, adopted April 8, 2002, amended former Ch. 5, Arbor, §§ 5-1-5-5, in its entirety
to read as herein set out. Former Ch. 5 derived from Ord. No. 711, § I, 3-22-99; Ord. No. 726, §§ 1-4, 6-28-99; Ord. No. 734,
§ 1, 9-27-99.
Cross references —Code enforcement board to enforce certain ordinances of the city, § 2-56 et se q.; beautification board,
§ 2-76 et seq.; buildings and building regulations, Ch. 6; flood damage prevention, Ch. 8; land development, Ch. 9; motor vehicles
and traffic, Ch. 12; nuisances, Ch. 13; planning, Ch. 15; signs and advertising, Ch. 16; streets, sidewalks and other public places,
Ch. 17; zoning, Ch. 20.
Supp. No. 27
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WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK)
Supp. No. 27
310
TREE PROTECTION AND PRESERVATION
Sec. 5-1. Applicability.
This chapter shall be applicable to all land
lying in the incorporated area of the city and
within all zoning districts. To the extent that
any provision of this chapter conflicts with any
other provision of the City Code related expressly
to the protection and management of trees, the
conflicting provisions of this chapter shall prevail
and be given effect over the other conflicting
provision.
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22,
§ 2, 10-13-03; Ord. No. 2020-03, § 2, 7-13-20)
Sec. 5-2. Intent and purpose.
(a) Intent and purpose. The intent and purpose
of this chapter is to establish uniform protective
and management regulations for trees and land
clearing within the city in order to maintain and
protect the environment including the city forest.
Trees are a valuable community resource that
serve to better control problems of flooding,
promote soil conservation, improve air and water
quality, reduce noise and glare, provide habitat
for wildlife, moderate the climate, and to make
the city a healthier, more attractive and safer
place in which to live. Additionally, this chapter
is intended to encourage the protection of the
maximum number of desirable trees native to
Central Florida and to encourage proper removal
of exotic, pest trees.
To this end, it shall be unlawful to cut down,
damage, poison, or in any other manner destroy
or cause to be destroyed any tree or other
vegetation or engage in unpermitted land clear-
ing as covered by the provisions of this chapter
except in accordance with the provisions set
forth herein. Notwithstanding, in case of emergen-
cies involving natural disaster such as, but not
limited to, flood, freeze or other natural disasters,
the requirements of this chapter may be temporar-
ily waived by the city commission by resolution.
(Ord. No. 2002-08, § 2, 4-8.02; Ord. No. 2003-22)
§ 2, 10-13-03; Ord. No. 2011-16, § 2, 2-2742;
Ord. No. 2020-03, § 2, 7-13-20)
Supp. No. 97
Sec. 5-3. Definitions.
As used in this chapter, the following terms
shall have the meanings indicated unless the
context clearly indicates otherwise:
Caliper. Measurement of tree twelve (12) inches
from soil level.
City manager. The city manager or designee.
Canopy tree. A species of tree that naturally
develops with an elevated shade crown and
which normally grows to a mature height of
approximately forty (40) feet or more and/or a
shade crown of approximately thirty (30) feet in
diameter or more. Such species shall be listed on
the desirable species list in appendix B or appendix
C for approved streetscape canopy tree types for
streetscape trees along S.R. 434 and Tuskawilla
Road, and include, but are not limited to, bald
cypress, Chinese elm, Florida elm, live oak,
pignut hickory, red maple, sand live oak, southern
magnolia, sweetbay, sweetgum, sycamore, water
oak and winged elm.
City. The City of Winter Springs, Florida.
City trees shall mean all street trees located
along a public right -of --way; streetscape trees
under chapter 20, article VII of the City Code;
park and Cross Seminole Trail trees; and trees
required to be preserved for the public benefit by
development agreement, conservation easement
or landscape easement in favor of the city and
approved by the city commission.
City forest. The aggregate of all city trees
which are planted in public places authorized
and required to be managed by the city.
Crown. The mass of branches, twigs and leaves
at the top of a tree, with particular reference to
its shape.
Destroy or destroyed. To cause, suffer, allow or
permit any act that will effectively cause a tree
to die or go into a period of unnatural decline
within one (1) year from the date of the act. Acts
that may effectively destroy a tree include, but
are not limited to, excessive pruning, changing
the natural grade above the root system or
around the trunk, damage inflicted on the tree
permitting infection or pest infestation, applica-
311
WINTER SPRINGS CODE
tion of herbicides or other chemical agents,
intentional fire damage to the tree permitting
infection or pest infestation, the infliction of a
trunk wound or wounds that cumulatively are
twenty (20) percent or greater of the circumfer-
ence of the trunk, or the removal of sufficient
canopy to cause the unnatural decline of the
tree.
DBH. Diameter at breast height measured
four and one-half (41/2) feet from ground level at
the base of tree. If a tree has co -dominant stems
at or below four and one-half (41/2) feet from
ground level, it shall be measured as two (2)
separate trees.
Desirable trees. Trees that are preferred by
the ci ,y and particularly adaptive to Central
Florida identified as "desirable trees" in appendix
B of this chapter, as may be amended by the city
manager or city commission.
Dripline. The vertical line running through
the outermost portion of the tree crown extend-
ing to the ground.
Encroachment. The protrusion into a vehicular
access way, pedestrian -way, or required landscape
area.
Heavy machinery. Mechanical land clearing,
earth -moving, or earth -working equipment with
a gross weight in excess of five thousand (5,000)
pounds. For purposes of this chapter, all machinery
which utilizes steel tracks for traction shall be
considered to be heavy machinery, regardless of
weight.
Historic tree. A specimen tree which has been
found by the city commission to be of notable
historic interest to the city based on its age,
species, size, historic association, ecological value
(such as a tree regularly and historically used as
an eagles nest) or unique characteristics. A
historic tree may also be known as an heirloom
tree or heritage tree.
Land clearing (grubbing). The act of removing
or destroying trees, ground cover, and other
vegetation by manual, mechanical, or chemical
means. Routine lawn mowing, sod replacement,
planting of landscape material, shrub pruning,
and shrub removal shall not be considered land
Supp. No. 27
312
clearing and grubbing provided no grade change
occurs. Removal of understory by bush hog,
forestry mulcher, or other means shall not be
considered routine mowing when preparing a
property for construction or results in trees
being removed, destroyed or severely damaged.
Person. Any individual, firm, corporation,
partnership, joint venture association, principal,
trustee, municipal corporation, political subdivi-
sion, or special district, or any agent or representa-
tive thereof.
Primary tree protection zone. This shall mean
the front, side and rear yard areas as established
and required by the land development code of the
IT as �1.� su.�e 111ay, horn time to time, be
amended.
Protected area. An area surrounding a
protected, historic, or specimen tree within which
physical intrusion is prohibited in order to prevent
damage to the tree, roots and soil around the
tree base, the dimensions of which shall be
established by the city and set forth in the tree
removal permit, in according with section 544.
Protective barrier. Shall be a polygon of two (2)
inch by four (4) inch wide stakes spaced a
maximum of eight (8) feet from each other at the
perimeter of the tree protection zone and which
extend out of the ground at least thirty-six (36)
inches, with the top four (4) inches marked by
fluorescent orange paint or tape or such other
appropriate barrier to protect protected trees
and landscape areas on a site specific basis
which is authorized by development permit.
Replacement trees. Replacement trees shall at
a minimum comply with the provisions of subsec-
tion 5.9.
Secondary tree protection zone. This shall mean
all areas not included in the primary tree protec-
tion zone. Subdivision street rights -of --way and
easements are also defined as being within the
secondary tree protection zone.
Silviculture. A process, following acceptable
forest management principles, whereby the crops
constituting forests are tended, harvested and
reproduced.
TREE PROTECTION AND PRESERVATION
Specimen tree. A canopy tree, other than a
structurally unsound tree that cannot be recovered
by pruning, dead tree, or diseased tree, that has
a DBH of twenty-four (24) inches or more.
Stem. The main trunk of a plant; its primary
axis that develops buds and shoots instead of
roots.
dtd or
Structure. Anything constructe, erece
placed, the use of which requires more or less
permanent location on or in the ground or attached
to something having a permanent location on or
in the ground. This definition shall not include
sidewalks, walkways, driveways or similar type
improvements.
Transplant. The act of relocating an existing
tree upon the same lot or such other appropriate
location approved by the city.
Tree. Self-supporting woody, perennial plants
which have a trunk with a DBH of at least four
(4) inches and normally grow to an overall crown
height of a minimum of fifteen (15) feet. Cabbage
palm greater than fifteen (15) feet tall.
Tree protection zone. Shall mean that area
located around the perimeter of the tree in which
no activity such as clearing, filling, excavating,
storage of materials, parking of vehicles, or any
other activity that in the opinion of the city
arborist may damage the tree may occur. The
tree protection zone shall extend from the trunk
of the tree to the dripline.
Tree removal. Shall mean any act which will
cause a tree situated on real property to die
within a period of two (2) years from the time of
the act including, but not limited to, by cutting,
girdling, relocating, interfering with the water
supply, applying chemicals, regrading around
the base of the tree trunk.
Tree replacement assessment. Tree replace-
ment assessment shall mean the total amount of
monetary compensation owed to the city may be
required by this chapter for the replacement of
trees cut, destroyed, or removed as a result of
development or redevelopment.
Tree replacement credit. The tree replacement
credit shall be established by the city commis-
sion and set forth in appendix B: desirable trees.
Supp. No. 27
Tree trunk. The main stem of a tree apart from
limbs and roots.
Undesirable trees. All types of trees identified
as "undesirable trees in appendix A of this
chapter as amended from time to time by the city
manager in writing.
Windowing. Removing several branches sym-
metrically within the area of the tree to provide
a fully framed view of the scenery that lies
beyond the tree.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13.03; Ord. No. 2011-16, § 2, 2-27.12; Ord,
No. 2020-03, § 2, 7-13-20)
Sec. 5-4. Permit required for tree removal
and land clearing; separate viola-
tions; criteria; contractor permit
required.
(a) Permit required. Except as provided in
section 5-4.5 herein, no person shall engage in
tree removal or engage in land clearing located
within the city, without first obtaining a permit
as provided in this chapter. If a property owner
has retained a contractor to perform the land
clearing or tree removal, the contractor must
have a valid city issued arbor license required by
subsection 5-4(e) and shall obtain the permit
required by this chapter prior to the land clear-
ing or tree removal. If no permit is obtained
prior to tree removal or land clearing, the property
owner and the contractor (if retained) shall have
violated this section. It shall be a separate
violation of this chapter for each tree removed
and each day a person is engaged in land clear-
ing without a permit.
(b) Trees that can be removed by permit. Upon
receipt of a completed application and verifica-
tion on -site by the city arborist, a permit may be
issued for tree removal if it is first determined by
the city arborist that any one (1) of the following
limited conditions exists to lawfully justify the
tree removal:
313
(1) Trees located on building and construc-
tion sites or projects as shown on city
approved plans, provided said trees are
replaced elsewhere on the property in
accordance with section 5-9 of this chapter,
except that city trees as defined in sec-
§ 5-4
WINTER SPRINGS CODE
tion 5-3 and historic and specimen trees
under section 5-8 shall be preserved to
the extent required by this chapter.
(2) Trees with a trunk(s) located within ten
(10) feet of a structure and that pose a
clear hazard or that have caused
significant damage to said structure as
determined by the city arborist.
(3) Trees severely diseased, severely injured
or dead.
(4) Trees that interfere with the construc-
tion or repair of public infrastructure
and facilities including utilities.
(5) Undesirable trees, per appendix A.
(5) TI; uo Iequiieu Lo be removed by the city
or other governmental agency to facilitate
necessary public utilities and
infrastructure or remove visibility obstruc-
tions to vehicle driver; within a hite,"CIc
tion visibility triangle and which are
located within a public road, drainage
rights -of --way, or permanent utilities and
drainage easements.
(7) Trees that pose a serious threat to persons
or property.
(8) Trees that prohibit or have the effect of
prohibiting the installation or operation
of a solar collector, clothesline, or other
energy device based on a renewable
resource.
(9) All trees and plants, within a licensed
tree nursery, planted for harvest shall be
exempt from the terms and provisions of
this chapter only if trees are planted and
growing on the premises of the licensee
and are for sale or intended for sale in its
ordinary course of business.
(10) One (1) tree located on an existing single-
family home lot within a ten-year period
pursuant to subsection 5-9(e).
(11) Trees that unreasonably interfere with a
property owner's established riparian or
littoral rights or substantially interfere
with and obstruct a substantial portion
of a property owner's visibility to a natural
water body such as a lake, but only to the
Supp. No. 27
314
extent such right or visibility cannot be
secured by tree trimming, pruning or
windowing.
(c) Review guidance. To help guide the city in
making decisions under this chapter, including
identifying which trees listed under subsection
5-4(b) may be removed, the city shall consider
that the spirit and intent of this chapter is to
mitigate against the removal of trees and weigh
the following nonexclusive list of factors to the
extent relevant and necessary;
(1) Necessity to remove trees which pose a
clear and obvious safety hazard to
pedestrian or vebicular trpff"ic er t�. cute:
to cause disruption to public services or a
significant obstacle to accessing and utiliz-
ing public easements and rights -of -way.
(�) rToAito v�,c;:sty o remove trees which pose a
clear and obvious safety hazard to build-
ings and other improvements on a lot or
parcel of land. Ordinary small cracks or
uplifts in pavement, sidewalks, and non -
occupied structures that are typically
caused by settling and small roots shall
not be considered a safety hazard.
(3) Necessity to remove diseased trees or
trees weakened by age, storm, fire or
other injury or trees with severe structural
defects that pose a clear and obvious
safety hazard to people, buildings or
other improvements on lot or parcel of
land.
(4) Necessity to remove trees which prohibit
or have the effect of prohibiting the
installation or operation of a solar collec-
tor, clothesline, or other energy device
based on a renewable resource. The
applicant shall submit operating instruc-
tions or other manufacturer guidance
setting forth the amount of sunlight
exposure required for proper operation of
the energy device or other such evidence
of the necessity to remove trees.
(5) The extent to which tree removal is
likely to result in damage to the property
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 (11) The species and size of the trees proposed
whereby the applicant has planted or for removal.
will plant trees to replace those that are
proposed to be cleared. (12) The following factors shall also be
considered:
(7) Topography of the land and the effect of
a. Trees forming the current canopy.
tree removal on erosion, soil retention
and the diversion or increased flow of b. Preservation of the next generation
surface water. of trees.
theNecessity
active nests of migra�
(8) Good forestry practices, such as given (13) tory birdst birdtspec es listed as species
parcel of land will reasonably support of special concern, rate, threatened, or
and the proven techniques that sustain endangered by the state fish and wildlife
healthy trees. commission, or which a known breading
area for a colony of birds.
(9) After first exploring whether reasonable (14) Whenever necessity is a relevant factor
alternative design plans are feasible, in support of removing a tree, the follow -
necessity to remove trees in order to ing factors shall also be considered:
construct, approved and permitted
ees improvements to allow economic enjoy- a on the subjeThe numberct property.
being preserved
ment of the property, including:
The extent that the
a. Need for access circulation around b. proposed
of damage
osed removal
the proposed structure which are causes the least amount
to existing treesi
necessary to allow workers to safely
utilize construction equipment c. The extent that the proposed removal
(maximum of ten (10) feet). results in mitigation the maximum orreplacement Ttreestof
for
b. Need for providing ingress and egress each tree removed.
access to the construction site for
use by construction equipment and (15) This chapter shall be interpreted so as
short term storage of construction not to cause a taking or an inordinate
equipment and supplies. This ingress burden on a landowner in accordance
and egress should coincide with the with law.
ingress and egress approved by the The factors listed in this subsection (c) are for
final development permit. guidance purposes only, and do not constitute an
c. Essential grade changes that independent basis for the granting of a tree
otherwise cannot be designed around removal or land clearing permit.
to avoid tree removal. (d) Silviculture exemption. All trees planted
d. Need for locating street or road specifically for silvicultural purposes shall be
rights -of -way, utilities, drainage exempt from the provisions of this chapter
ways, as well as the need to provide provided the property owner can provide
reasonable use and property access. documentation to the city evidencing that:
e. Need to gain reasonable vehicle or (1) The property is registered as a silvicul-
utility access when no other reason- tural site with the division of forestry;
able alternative exists. and
Supp. No. 27
315
WINTER SPRINGS CODE
(2) Trees of typical harvestable size and type
exist on the property which are capable
of being harvested for income and that
the property owner has, or intends to,
generate income from the harvested trees.
(e) Contractor city -issued license required;
contractor obtaining permits. Any person or entity
engaged in the business of tree removal or
pruning shall be licensed by the city on an
annual basis. Licenses may be obtained from the
city by completing an application prepared by
the city and paying the required license fee. The
license application shall contain at a minimum
the name, address, and telephone number of the
contractor and a copy of the contractor's local
busin11 ess tax receipt, state license if required and
prooi'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 hall, It shall b; 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,
1043-03; Ord. No. 2006.23, § 4, 1241-06; Ord.
No. 2010-04, § 2, 3-8-10; Ord. No. 2011.16, § 2,
2-2742; Ord. No. 2016-03, § 2, 7-2546; Ord, No.
2020-03, § 2, 7-I3-20)
See. 54.5 Exemption for tree removal
activities authorized and
preempted by state or federal
law.
Land clearing and tree removal activities
authorized and preempted by state or federal
law shall be exempt from section 54, 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 danger to persons or property
in accordance with F.S. § 163.045, for
which no replacement trees will be
required. Property owners removing trees
Supp. No. 27
316
pursuant to F.S. § 163.045 shall obtain
documentation from an arborist certified
by the International Society ofArboricul-
ture or a Florida -licensed landscape
architect prior to removal of the tree,
which demonstrates that the tree is a
danger to persons or property and which
conforms to industry standards applicable
to certified arborists and licensed
landscaped architects. For purposes of
this section, "residential property" shall
be defined as property with a fully
constructed single-family home or duplex
used for residential purposes, except as
provided in this section. The term
residential property" for nnrnn , nr+kh e
subsection does not include multi -family
property; common areas owned by a
homeowners or condominium associa-
tion; vacant land zoned or designated
r csidential 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. § 163.3209.
(Ord. No. 2020-03, § 2, 7-13-20)
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
TREE PROTECTION AND PRESERVATION
absolutely no authority to vary any plans, permits,
or agreements approved by the city commission.
(c) Responsibilities. The role of the city arborist
shall include, but not necessarily be limited to:
(1) Receiving and processing applications for
tree removal, land clearing and other
permits under this chapter.
(2) Inspection of all property subject to an
application.
(3) Confirming all information provided by
the applicant is correct and accurate.
(4) To approve or deny all permit applica-
tions required by this chapter unless
otherwise expressly stated under this
chapter.
(5) To issue cease and desist work orders
upon persons in violations of this chapter
for a maximum of two (2) working days.
Upon review of the violation by the city
manager, the city manager may extend
the cease and desist work order until the
violation is brought into compliance and
all resulting fines incurred as a result of
the violation have been paid. The city
manager's decision may be appealed to
the city commission pursuant to subsec-
tion 546(b) of this chapter.
(6) To bring violators of this chapter before
the code enforcement board or special
magistrate.
(7) To issue code enforcement citations for
any violation of this chapter.
t the
's forest by the plant.
(8) To or approval of y of additional
ing or app planting
trees on public property.
(g) To keep a permanent record of all historic
or specimen trees designated by the city
commission.
(10) To educate the public regarding this
chapter and the importance of maintain-
ing a city forest.
Supp. No. 27
(11) Provide professional guidance to the city
manager regarding the maintenance of
city trees under section 5-11, and to
handle other related job duties assigned
by the city manager.
(12) To serve as a member of the staff develop-
ment review committee.
(13) To educate city personnel responsible for
tree removal, planting, pruning and
landscape maintenance.
(14) To assist in implementing, and issue
permits in furtherance of, any develop-
ment agreement, plan, or permit approved
by the city commission relating to
landscaping and trees.
(15) To provide professional guidance to the
city manager and city commission regard-
ing their respective decision making under
this chapter including, but not limited to,
historic and specimen trees under sec-
tion 5-8 of 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. 2015-22, § 5, 10-26-15; Ord. No. 2020-03, § 2,
7-13-20)
Sec. 5-6. Permit application.
(a) Filing application and payment of fees. An
application for tree removal and land clearing
shall be filed on official forms provided by the
city's arborist. The applicant shall be required to
pay a fee as may be established by resolution of
the city commission, except that no fee shall be
required for the removal of trees that (i) are
dead, diseased, or suffer from severe structural
defects, (ii) pose a clear and obvious safety
hazard to structures and people, (iii) are removed
for a public project sponsored and paid for by the
city, or (iv) any tree found on the Florida Exotic
Pest Plant Council's Invasive Plant Species List.
If the applicant is not the property owner, then
the applicant shall attach the written permis-
sion of the property owner to the application. All
completed applications shall be returned to the
arborist, along with the following:
(1) A tree inventory, for the tree(s) to be
removed or the portion of the site to be
317
WINTER SPRINGS CODE
developed, consisting of a scaled drawing
of a scale of one (1) inch equals fifty (50) whether the grade change will
result in the death of tree(s)
feet or less for undeveloped land or for
intended to be preserved. Said
developed single family residential land,
statement shall immediately be
a sketch approximately one (1) inch equals
fifty (50) feet or less indicating: brought to the attention of the
city arborist at the time the
a. Property boundaries. application is filed and
b. The location of all individual trees prominently attached to the
including the tree's common or front of the application.
scientific name, and DBH of trees. j• A protection plan describing how
c. An indication of all trees proposed preserved tree(s) shall be preserved
for removal. on the site and adjacent properties
d. Within the primary tree protection during construction, tree removal,
zone, a plan shall designate the and grading. If encroachments into
g a specimen tree, historic tree or
trees to be retained and these n;+., +,,,,, _, ., _.
proposed to be removed, relocated `" %wd V" 1. quireu to be preserved, a
or replaced. Those trees proposed plan, prepared by an ISA certified
P A arborist, must be submitted with
for removal, relocation or replace- the permit application specifying
ment shall also be identified by the methods to be utilized to protect Mill coojl 01' botanical mine, and preserve the tree(s). This plan
e. Within the secondary tree protec- must address protection of the root
tion zone, a plan shall designate the system, crown, and stems of the
trees to be retained, and those trees, a means of supplying water
proposed to be removed. and essential elements to the root
f The location of existing and proposed system, and the proposed location of
ithe tree protection barriers.
mprovements, if any, including
proposed additions to existing build- k aerial photograph showing the
ings, existing and proposed build- boundaries of the subject property
ings, structures, impervious surfaces and adjacent properties.
(e.g. pool decks, drives, parking (2) Valid reasons for the removal of trees.
areas), stormwater retention areas,
utilities, and other such improve- (3) The appropriate permit fees.
ments. (4) A co y
copy of an recorded development agree-
g. A replacement plan indicating the ment, conservation easement or city
means of compensating for the tree(s) landscape easement recorded against the
to be removed including the species subject property.
and size of any replacement tree(s). (b) Time for application. Applications for a
h. Location of trees preserved for tree removal or land clearing permit shall be
replacement credit. made prior to removal or clearing; except that in
i. If grade changes are proposed the following cases, application shall be filed
on the site, a grading plan When indicated:
drawn to scale shall be (1) All new subdivisions shall be required to
provided. In addition, a writ- submit an application for a tree removal
ten statement shall be provided or land clearing permit, at the time of
by a landscape architect or initial submittal of the subdivision plan,
other competent professional to the city so that due consideration may
indicating the probability of be given to protection of trees during the
Supp. No. 27
318
TREE PROTECTION AND PRESERVATION
subdivision design process. Each applica-
tion for a tree removal permit shall be
subject to review under the staff develop-
ment review committee process.
(2) Any commercial, industrial, multifam-
ily, mixed use or other use requiring final
engineering and site plan approval under
the city land development regulations
shall be required to submit an applica-
tion for a tree removal and land clearing
permit at the time of site plan submittal
so that due consideration may be given to
the protection of trees during the site
plan design process. Each application for
a tree removal permit shall be subject to
review under the staff development review
committee process.
(3) All new single-family and duplex dwell-
ing units shall be required to submit an
application for a tree removal and land
clearing permit at the time of application
for a building permit; the tree inventory
may be shown on the building permit
plot plan.
(c) Exempting portion of the tree survey. Upon
request, the city arborist may permit an applicant
to omit certain portions of the tree inventory
required by subsection 5-6(01) where compli-
ance with the requirements set forth herein
would be unnecessarily burdensome and the
exempted portions are not needed for the city to
evaluate the application such as in applications
unrelated to the new development of buildings,
structures or infrastructure on the subject land,
limited only to the removal of one (1) or more
isolated and specific trees on already developed
land and have no impact on protected city trees.
(d) Permit fee. A nonreturnable permit fee to
be established by resolution of the city commis-
sion shall be paid for purposes of processing the
application, enforcing the provisions of this
chapter, and inspecting the real property subject
to the application.
(e) Posting of permit. The permit must be
posted upon the property and visible from the
street to be valid.
Supp. No. 97
(f) City commission approved plans, permits,
and agreements. All permits issued by the city
arborist under this chapter shall be required to
be consistent, and not in conflict, with any plans,
permits, or development agreements approved
by the city commission. All permits or portions
thereof issued by the city arborist in conflict with
any approval of the city commission shall be
deemed null and void and the approval of the
city commission shall remain in full force and
effect.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03; Ord, No. 2011-16, § 2, 2-27.12; Ord,
No. 2020-03, § 2, 7-13-20)
Sec. 5-7. Tree pruning standards.
(a) Standards adopted. Trees intended for
shade purposes shall be allowed to reach mature
canopy spread and shall be pruned in accordance
with the ANSI A 300 Part I Pruning standard
and ANSI Z133.1 safety standard. Pruning should
be performed with defined pruning objectives
and according to a specific pruning plan to
accomplish the objective including the minimum
and/or maximum branch size to be removed.
(b) Unlawful pruning. The pruning techniques
described in section 5-10(0 of this chapter shall
be deemed unlawful.
(2003-22, § % 1043-03)
Sec. 5-8. Specimen or historic trees.
(a) Designation. Certain trees, herein referred
to as "specimen" or "historic" trees, are of
especially great concern to the public because of
ecological value, of indigenous character, size,
age or historic association. Determination that a
tree is a historic tree shall be made by resolution
of the city commission after a recommendation of
the city's arborist, and the city arborist shall
keep a permanent record of all trees so designated
by the city commission. Specimen trees are all
canopy trees (other than trees that are structur-
ally defective or unsound that cannot be recovered
by pruning, dead trees or diseased trees) which
have a DBH of twenty-four (24) inches or more.
Designation as an historic tree may occur in any
one (1) of the following ways:
(1) A property owner may request designa-
tion of an historic tree as part of any
319
WINTER SPRINGS CODE
master plan, preliminary subdivision plat, good faith in the following sequence of actions, in
or site plan application. To do so, the the order shown below, to attempt to preserve,
property owner shall submit an expert modify, and relocate the specimen tree:
evaluation by a landscape architect, hor-
ticulturalist, city forester, or other (1) Preserve the existing specimen tree on
horticultural expert as part of the applica- site. The applicant shall make reason-
tion, able efforts to design proposed or exist-
ing improvements, including but not
(2) A property owner may request such limited to the structure, driveway and
designation at any time. To do so, the utilities to accommodate the natural
property owner shall submit an expert growth of the tree. The applicant shall be
written evaluation by a landscape required to submit multiple alternate
architect, horticulturalist, city arborist development plans, demonstrating that
or other horticultural expert, or reasonable efforts to preserve the speci-
alternatively, request that the city arborist men tree have been made, prior to removal
conduct an expert evaluation at no cost of the specimen tree being approved. The
to the property owner, do ig . �iay iude and justify the
(3) The city's arborist may recommend such consideration of any necessary variances
designation at any time including as part or waivers under chapter 20 of the City
of their review of any application for Code. The city may require root barriers
developmc r,t stating III cvi°i ing then as a mitigation measure to adds es , fuburc:
reasons for such designation, or may potential root damage concerns.
make such designation as part of an (2) Modify the existing specimen t7lee. The
overall tree protection planning program applicant shall make reasonable efforts
for the city or portion thereof to design proposed or existing improve-
ments, including but not limited to, the
(4) The city commission may designate, at structure, driveway, and utilities, to
its sole discretion, a city tree, as defined
accommodate the existing specimen tree
in section 5-3, a historic tree sua sponte, with modifications b root or upon request of a Winter Springs Y pruning or
tree pruning that would not cause
resident, business owner or civic group, significant harm to the tree, as determined
(5) Historic tree designations shall be subject by an arborist certified by the
to approval by resolution of the city International Society of Arboriculture,
and preserve its well-being as determined
commission and the city commission may
grant double tree replacement credits, under this chapter. The applicant shall
upon granting an historic tree designa-
tion. certified arborist and/or multiple alternate
development plans, demonstrating that
(b) Removal. Notwithstanding any other provi- reasonable efforts to modify the speci-
sion of this chapter, specimen or historic trees men tree have been made, prior to removal
(hereinafter under this subsection "specimen of the specimen tree being approved. The
tree") shall not be removed except for design may include and justify the
extraordinary circumstances and hardships and consideration of any necessary variances
only by final permit approved by the city com- or waivers under chapter 20 of the City
mission pursuant to subsection 5-6(b) after Code. The city may require root barriers
consideration of a written recommendation by as a mitigation measure to address future
the city arborist and department director and potential root damage concerns.
only after the applicant has provided such
(3) Relocate the existing specimen tree on -
documentation, as may be required by the city, site. The applicant shall submit
demonstrating that the applicant has engaged in documentation from an arborist certified
Supp. No. 27
320
TREE PROTECTION AND PRESERVATION
by the International Society of Arboricul-
ture, which conforms to industry
standards and which includes an opinion
regarding whether the specimen tree may
be relocated on -site to a location that can
accommodate the natural growth of the
tree without significant harm to the tree.
The relocation may include and justify
the consideration of any necessary vari-
ances or waivers under chapter 20 of the
City Code. The city may require root
barriers as a mitigation measure to
address future potential root damage
concerns.
(4) Alternative design and removal. Before
removal of the specimen tree may be
approved, the applicant shall provide
documentation that actions (1)(2) and (3)
have been reasonably explored and are
not feasible to preserve, modify, or relocate
the existing specimen tree(s). Feasibility
shall be determined by the city commis-
sion after evaluating the prepared
alternate development plans and opinion
of the certified arborist that the speci-
men tree(s) cannot reasonably be
preserved, modified, or relocated. The
alternative development plans shall depict
site constraints and design limitations
due to the specimen tree(s). The alternate
development plans shall also depict pos-
sible adjustments of building orienta-
tions and other proposed improvements;
requests for variances and waivers to
accommodate the specimen tree(s); reduc-
tion of developable area; and such other
design alternatives for the site. The
applicant bears the burden of proving it
has exhausted feasible development plans
to preserve existing specimen tree(s) in
order to justify the removal of any exist-
ing specimen tree.
(5) Extraordinary circumstances
ships. The applicant bears the burden of
demonstrating that an extraordinary
circumstance and hardship exists to justify
the removal of a specimen tree is neces-
sary and can not be preserved in its
current location pursuant to the sequence
of actions set forth in this subsection (b)
and by utilizing the tree removal condi-
tions set forth in subsection 5-4(b) of this
chapter.
(6) Waiver or variance permit fees. City permit
fees related to any waiver or variance
application(s) submitted by an applicant
under chapter 20 of the City Code, which
are required to preserve the specimen
tree(s) under this section, shall be waived
by the city.
(7) Tree replacement requirements.
Notwithstanding any other provision of
this chapter, for each specimen tree
permitted to be removed under this sec-
tion, replacement of the lost tree canopy
resulting from the removal of a specimen
tree is imperative. The city may require
up to twice the amount of canopy replace-
ment trees or tree bank contribution
required for replacement of each DBH
protected tree in the category of sixteen
(16) inches up to twenty-four (24) inches.
Location of the replacement trees shall
be on -site and determined by the
applicant. If the replacement trees cannot
be accommodated on -site because of insuf-
ficient planting area as determined by
the city arborist, then the applicant shall
be required by the city to either plant the
replacement trees off -site at a location
determined by the city or provide the
replacement trees to the city so the city
can plant the replacement trees off -site,
or, as an alternative, shall provide the
tree bank contribution to compensate for
those replacement trees that cannot be
accommodated on -site.
(8) Appeal of city manager decisions. Final
permit decisions made by the city manager
are subject to appeal to the city commis-
sion pursuant to subsection 5-16(b) of
this chapter.
Supp. No. 27
321
(c) Historic tree incentives. Property owners
shall receive the following incentives if their
property contains one (1) or more designated
historic tree(s):
(1) Each historic tree will be placed on the
city's register of historic trees which will
WINTER SPRINGS CODE
contain any historical information about
the tree, property owner(s) and its
designation. A legal instrument will be
prepared by the city attorney to be
executed by the city and property owner
and recorded against the land on which
the tree is located for purposes of denot-
ing the historic tree designation and
protections afforded hereunder and to
provide the city ingress and egress to
conduct the inspections authorized by
this section. Further, the property owner
will be provided a small weather resistant
ground emblem denoting the historic
designation.
(2) With permission of the property owner.
the city arborist will conduct a periodic
inspection approximately every two (2)
years of each historic tree in order to
evaluate the health and well-being of
c^ch histol-k tt'ee. Such inspection will
be at no cost to the property owner.
(3) To the extent that a permit is required
under this chapter to trim or maintain a
historic tree, the fee shall be waived.
(4) Upon request of and with the permission
of the property owner, the city arborist
will conduct an inspection of the historic
tree after a storm or other catastrophic
event in which a historic tree has suf-
fered significant damage.
(Ord. No. 2002.08, § 2, 4-8-02; 2003-22, § 2)
10-13-03; Ord. No. 2011.16, § 2, 2-27-12; Ord.
No. 2012-12, § 2, 9-10-12; Ord. No. 2016.03, § 3,
7-25-16; Ord. No. 2020-03, § 2, 743-20)
Sec. 5-9. Tree replacement guidelines.
(a) Tree replacement. All trees that are removed
or destroyed and subject to replacement by this
chapter shall be replaced by a species of tree
cited in appendix B, desirable trees, or cited in
appendix C for approved streetscape canopy tree
types for streetscape trees along S.R. 434 and
Tuskawilla Road, or such other trees properly
approved by the city arborist provided the replace-
ment satisfies the minimum guidelines set forth
in this chapter including, but not limited, size,
not an invasive species, and Florida Grades and
Sapp. No. 27
322
Standard One or better plant. Replacement shall
occur prior to the issuance of a certificate of
occupancy (if approval is pending) or within
sixty (60) days of removal or destruction,
whichever date is earlier, unless a greater replace-
ment period is provided for good cause by permit.
(b) Criteria for replacement trees is as fol-
lows:
(1) Characteristics of replacement trees.
Canopy trees are preferred replacement
trees under this chapter. The replace-
ment tree(s) shall have the maximum
amount of potential shade canopy feasible
and sustainable on the site as required
by the city, but no less than at least equal
shade canopy potential, screening proper
ties, and/or other characteristics
comparable to that of the tree(s) requested
to be removed.
(2) Size of replacement trees. Replacement
tree(s) are to be made according to the
tree replacement standards set forth in
Table 1 [at the end of this section]; or (2)
otherwise agreed upon by the city com-
mission and applicant.
(3) Tree species. Relocated or replacement
trees shall include only species and sizes
defined as desirable trees (Appendix B)
under this chapter.
(4) Transplanting and maintenance regzcire-
ments. All trees transplanted pursuant
to this chapter shall be maintained in a
healthy, living condition. Any such trees
which die shall be replaced and
maintained by the property owner. The
city shall retain jurisdiction for one (1)
year to ensure compliance with this
chapter.
(5) Waivers of replacement tree(s) specifica-
tions.
a. General waivers. The number of
required replacement trees may be
waived by the city commission, if
the city commission determines that
the remaining number of trees to be
preserved on site are of sufficient
number and quality to substantially
TREE PROTECTION AND PRESERVATION
comply with the purpose and intent Management District or the U.S.
of this chapter and a tree replace- Army Corp of Engineers, or as
ment fee is paid to the city's "tree depicted on Map V-3: Existing
bank," which is hereby established. Wetlands in the City of Winter
Monies collected in the tree bank Springs Comprehensive Plan)
shall be used for enhancement and dedicated to the city as part of a
maintenance of trees on public lands. development project, three (3)
The contribution to the tree bank replacement tree credits may be
may be waived by the city commis- applied to the total number of trees
sion for individual homeowners, on required to be replaced by this
a case -by -case basis, if the chapter. However, the minimum tree
homeowner can demonstrate that requirement set forth in section 5-13
the payment of the fee will cause
shall still apply. Such public
the homeowner an undue economic conservation area must be at least
one (1) acre with widths not less
hardship. Substitute tree(s) allowed than one hundred twenty-five (125)
under this waiver provision must feet unless otherwise approved by
have the approval of the city com-
mission. The amount to be paid into the city commission. In addition,
y the city arborist
the tree bank shall be set forth in trees approved b
Table 1 and should be based upon
to reforest such conservation area wholesale market value of the trees shall also be applied to the replace-
ment requirement on aone-for-one
being replaced, plus installation and basis.
maintenance costs to establish the
tree. c. If the city commission determines,
due to site conditions or configura-
b. Renewable resource waivers. The tree tion, it is impossible or impracticable
replacement and tree bank require-
ments of this section shall not apply for the applicant/developer to meet
the requirements for tree replace -
if a permit based on sections 54(b)(8) mentunder this subsection, the
and 5-4(c)(4) is issued. If the permit-
,
tee does not maintain and operate city commission may allow the
the permitted energy device for at applicant/developer to pay into the
least three (3) years, the permittee city's "tree bank" the amount it
must replace the removed trees or would have spent on replacement
pay a tree replacement fee to the trees.
city's tree bank as required by this d. Tree replacement credit 1:1 standard replacementbrequireove e
section.
ment shall be allowed for the instal-
(6) Replacement guidelines. The following lation of preferred canopy trees and
tree replacement guidelines shall apply: plants that are specifically listed in
a. All plant material specified shall be appendix B: desirable trees and
Florida Grades and Standard One appendix C: approved streetscape
(1) or better. canopy tree types for streetscape
trees along S.R. 434 and Tuskawilla
b. For each tree located within a public conservation area (excluding Road, provided the desirable tree is
jurisdictional wetlands determined listed with an additional replace-
ment credit score of above 1:1.
by the St. John's River Water
Supp. No. 27
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 wetland areas
and existing conservation areas, as follows:
DBH of Preserved Tree Reduction in
4" up to but not I credit
includinLy 9"
9" up to but not 2 credits
t
ing 12" to but not 3 credits
ing 16"
16" up to but not 4 credits
including 24"
lacement Trees
Specimen and historic 0 credits, unless otherwise agreed by the city for extraordinary efforts and
trees commitments made to preserve a specimen or historic tree up to a
maximum of 5 credits per tree
f. Trees planted under a power line
shall not exceed a mature height of
twenty-five (25) feet unless otherwise
nrohibiteO by the clecti°ic utility o °
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
Appendix A, Undesirable Trees,
prohibited.
Supp, No. 27
(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 fog• existing single-
family lots. Notwithstanding any other tree
replacement standard set forth in this section, a
tree removal permit for a single tree shall be
granted, as a matter of right without replace-
ments required, for each existing single family
home lot, provided the city arborist determines
that:
(1) The tree is not a specimen or historic
tree;
(2) The tree canopy covering the pervious
in portion of the lot after removal of the tree
is will be greater than fifty (50) percent;
and
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, 3-840; Ord. No.
2011-165 § 21 2-27-12; Ord. No. 2020-03, § 2,
7-13-20)
TABLE 1. TREE REPLACEMENT STANDARDS
Number of Replacement
Number of Replacement Small Trees or Palms Contribution to Tree
DBH of Protected Canopy Trees Required Required for Each Tree Desirable Plant Bank*
Tree for Each Tree Removed Removed or Desirable or $ank
4' up to but not 1 or 1 plant(s) w/credits
including 9" or Desirable or $600,00
9" up to but not 2 or 2 plant(s) w/credits
including 12" Not allowed or Desirable or $900.00
12" up to but not 3 plant(s) w/credits
including 16" Not allowed or Desirable or $1,200.00
16" up to but not 4 plant(s) w/credits
including 24" See section 5-8 See section 5-8
24" See section 5-81 INot allowed
increases to costs of plants as well as to costs of installation
`These amounts may be adjusted biannually to compensate for
and establishment.
(Ord. No. 2016-03, § 4,
7-25-16; Ord. No.
2020-
Sec. 540. 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
introduce any type of poison or reactive material
to a tree for the purpose of causing it to die or
become diseased.
(d) Structure and pavement location. It shall
be unlawful to place any structure or impervious
paving within eight -foot radius of any tree trunk
or stem having a DBH of four (4) inches or more
at caliper.
Supp. No. 27
City trees. It shall be unlawful to trim,
(e)
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
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.
325
§ u-lu
WINTER SPRINGS CODE
(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
unlawful excessive pruning techniques which
are prohibited on shade trees:
(1) Lions tailing: The improper practice of
removing most secondary and tertiary
branches from the interior portion of the
canopy leaving most live foliage at the
edge of the canopy.
(2) Topping, hatracking, 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) Pollar•ding: 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,
1043-03; Ord. No. 2011-16, § 2, 2-27-12; Ord.
No. 2020-03, § 2, 7-13-20)
Supp. No. 27
326
Co 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.
(b) Property owners must submit a complete
permit application to the city arborist to request
written permission by the city manager or city
commission to remove, alter or trim any city
tree. Any approved removal, alteration or trim-
ming will be determined at the oiti,lc c lc
tion, and if the requested activity is permitted by
the city, it must be performed by a contractor
licensed under this chapter. Property owners
failing to obtain the permission required
hereunder for removing, altering or trimming
city trees shall be deemed a violation of this
chapter under subsection 540(e). In addition,
property owner may also be liable to the city for
any city tree removed or damaged in violation of
any applicable terms and conditions set forth in
any easement or development agreement. (Ord.
N). 2020-03, § 2, 7-I3-20)
Sec. 5-12. Permit contents; expiration;
x•emoval 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)
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-
TREE PROTECTION AND PRESERVATION
ing permit issued by the building official, the
permit will expire at such time the development
permit or building permit expires.
(c) Restrictions on tree removal after permit
expiration. Trees not removed during the life of
the permit may not be removed without the
issuance of a new permit based upon a new
application.
(d) Permit display. The permit shall be located
and maintained upon the site at all time until
final inspection or until issuance of a certificate
of occupancy if applicable. For new develop-
ments, the permit shall be attached to the "post-
ing board" with other permits. For existing
developments and existing single-family
residences, the permit shall be displayed so as to
be easily visible from the street.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03; Ord. No. 2020-03, § 2, 7-13-20)
Sec. 5-13. Minimum tree requirement.
No certificate of occupancy shall be issued on
the types of construction indicated below unless
the underlying parcel has at least the required
minimum number of approved trees:
(a) Any new single-family or duplex dwell-
ing unit on a lot of less than six thousand
(6,000) square feet or greater: not fewer
than two (2) trees.
(b) Any new single-family or duplex dwell-
ing unit on a lot equal to six thousand
(6,000) square feet: not fewer than two
(2) trees plus one (1) additional tree for
each four thousand( 4,000) square feet
over six thousand (6,000) square feet.
(c) Any commercial, industrial, multi -family
or other structure requiring site plan
approval under the city land develop-
ment regulations: no fewer than six (6)
trees or four (4) trees per acre, whichever
is greater.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Supp. No. 27
co 5.14. Tree protection during develop-
ment and construction; periodic
inspection.
(a) Restrictions during construction. It shall
be unlawful for any person, during the construc-
tion of any structures or other improvements, to
place solvents, petroleum products, paint or
masonry materials, construction machinery or
temporary soil deposits within the dripline of
any tree for which a tree removal permit is
required but has not been obtained. This provi-
sion includes soil that is placed in the dripline
permanently for the purpose of a grade change,
unless the grade is changed according to the
guidelines described in the Florida Division of
Forestry, Department ofAgriculture and Consumer
Services Publication, Tree Protection Manual for
Buildings and Developers.
(b) Burden of tree protection on property owner.
It shall be the responsibility of a property owner
anI their agents to ensure that any tree shown
on the tree inventory for which a tree removal
permit has not been obtained is to be protected.
The property owner shall guarantee survival of
retained trees and replacement trees for one (1)
year from completion of permitted construction,
unless a greater time period is required by
development agreement. If a retained or replace-
ment tree dies during that time period, the
property owner shall replace the tree in accordance
with a remedial action approved under section
5-17 of this chapter.
(c) Protective barriers and signage required.
Protective barriers shall be installed prior to
construction around every tree or group of trees
to be preserved. Waterproof, rigid "protection
zone area tosigns, as shown on appendix D: tree
protection area signage and not smaller than two
(2) feet by three (3) feet shall be posted at one
hundred -foot increments along the protective
barriers. Should a private party fail to install
the required tree protection barrier, the city
reserves the right to install the required tree
protection barrier and charge the private party
conducting the work for the city's materials and
labor associated with the installing of the bar-
ricade. A sample tree protection barricade is set
out below.
327
§ 5-14
WINTER SPRINGS CODE
(d) Site inspections. The city arborist may
conduct periodic inspections of the site. It is the
responsibility of the property owner and their
agents to ensure that all provisions of this
chapter are met.
(e) Adjacent properties. The property owner
and their agents shall ensure that the tree
protection zones of trees located on adjacent
properties are protected as required by this
chapter for trees located on the site being
developed.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2)
1043-03; Ord. No. 2011.16, § 2, 2-27-12; Ord.
No. 2020-03, § 2, 7-13-20)
This chapter shall not be interpreted to restrict
regulate or limit the voluntary planting of an,
y
tree within the city. The provisions of this chapter
govern only the planting of tree„ }%,hick are
required to be planted or retained under this
chapter. Trees or plants planted in the city's
rights -of -way are subject to removal or trimming
by the city at any time.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22) § 2,
1043-03)
Sec. 5-16. Waivers; incentive program and
appeals.
(a) Waivers. The city commission may grant a
waiver to provisions of this chapter where the
applicant demonstrates that the literal interpreta-
tion of the chapter will deny the applicant
reasonable use of the property or where such
waiver can be demonstrated to be consistent
with the purpose and intent of the chapter. The
preservation of any approved tree over four (4)
inches in DBH may be considered as the basis for
the granting of a waiver from the literal applica-
tion of the provisions of the city's land develop-
ment regulations. If, in the determination of the
city commission, the sole basis for the request for
waiver is to preserve such tree which would
otherwise have to be removed, it may direct any
required waiver fee to be waived.
(b) Appeals. Appeals of an administrative
interpretation of this chapter by the city arborist
may be made to the city manager by filing a
Supp. No. 27
328
written notice of appeal of said interpretation
within ten (10) calendar days of said interpreta-
tion. Only the property owner where the
interpretation is specifically applicable or affected
contractor may file such an appeal. The city
manager shall decide said appeal within five (5)
business days. Any such property owner or
contractor adversely affected by an administra-
tive decision of the city manager under this
chapter may appeal that interpretation to the
city commission by filing a written notice of
appeal of said interpretation within thirty (30)
calendar days of said interpretation. Failure to
file an appeal within the time periods required
by this subsection shall result in the administra-
tive interpretation to be declared final and shall
IN :1uewuu a waiver of the person's right to
further appellate review and proceedings. The
city commission shall decide said appeal within
thirty (30) days of the city's receipt of said notice
of appeal and the city coma s i' decision
shall be final. Except for the mandatory time
periods required for the notice of appeal, the
time periods required for a decision may be
extended by mutual agreement between the city
and the property owner filing the notice of
appeal. Notwithstanding the aforesaid, the city
manager and city commission may review any
decision regarding trees and land clearing on
public property or city trees sua sponte, and such
decisions are not a quasi-judicial decision and
nA appealable. The city retains sovereign
immunity in all decisions related to trees and
land clearing on public property and as otherwise
provided by law.
(c) Incentive program. The city commission
reserves the right to offer and approve incentives
for purposes of protecting and preserving mature
trees and planting enhanced landscaping. Such
incentives shall have a public benefit and may
include, but are not limited to, varying provi-
sions of the city's land development regulations
(e.g. reduced parking; modified setbacks) and
providing credits to city development fees. Any
incentives granted under this subsection shall be
consistent with the comprehensive plan and
shall be by development agreement or other
formal approval.
(Ord. No. 2002.08, § 2, 4-8-02; 2003-22, § 2,
1043-03; Ord. No. 2011.16, § 2, 2-2742; Ord.
No. 2020.03, § 2, 743-20)
TREE PROTECTION AND PRESERVATION
Sec. 5-17. Remedial action.
(a) Violations require remedial action. Where
violations of this chapter have occurred, remedial
action shall be taken to restore the property
consistent with a restoration plan approved by
the city arborist or the city commission if the
violation is inconsistent with plans, permits, or
agreements approved by the city commission.
The restoration plan may require mitigation of
any other damage to the property, as well as tree
replacements.
(b) Tree replacement remediation require-
ments. Each tree destroyed or receiving major
damage during construction must be replaced by
either a comparable size and desirable type of
tree as listed within appendix B or providing a
contribution to the tree bank equal to four (4)
times the contribution listed on table 1. tree
replacement standards (following section 5-9) or
planting four (4) desirable trees or plants listed
within appendix B before issuance of a certificate
of occupancy or certificate of completion.
(c) Property owner to guarantee survival of
replaced trees. The property owner shall guarantee
the survival of the trees required to be placed
under subsection (b) above for a period of two (2)
years from the date the certificate of occupancy
or certificate of completion is issued, unless a
greater time period is required by development
agreement. Such guarantee shall include
maintaining regular and appropriate irrigation
or water source such as watering bags necessary
to adequately sustain the well-being and survival
of the replacement trees. If the replacement tree
dies, the tree shall be replaced in accordance
with this section.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03; Ord. No. 2011-16, § 2, 2-27.12; Ord.
No. 2020-03, § 2, 7-13-20)
Sec. 5-18. Enforcement; penalties.
(a) Enforcement. The city may enforce the
provisions of this chapter by any lawful means
including, but not limited to, issuing a civil
citation, bringing charges before the city's code
enforcement board or special magistrate, and
seeking injunctive and equitable relief. For
purposes of determining the penalties provided
Supp. No. 27
under this chapter, the removal or death of a tree
in violation of this chapter shall be deemed
irreparable or irreversible.
(b) Penalties. In addition to all other remedies
set forth in this chapter or any applicable agree-
ment between the city and a property owner, one
(1) or more of the following civil fines shall apply
to violations of this chapter:
(1) Failure to obtain a permit under subsec-
tion 54(a): Fine of two hundred fifty
dollars ($250.00) per tree or five hundred
dollars ($500.00) per specimen or historic
tree removed, or five hundred dollars
($500.00) per quarter acre of land cleared,
whichever is greater, not to exceed five
thousand dollars ($5,000.00). The fine
under this subsection is in addition to
the fine provided in subsection (2) or (3)
for removal of tree without a permit.
329
(2) Removal of a tree without a permit: Fine
of fifty dollars ($50.00) per caliper inch,
not to exceed five thousand dollars
($5,000.00) per tree.
(3) Removal of a specimen or historic tree
without a permit: Fine of one hundred
dollars ($100.00) per caliper inch, not to
exceed five thousand dollars ($5,000.00)
per tree.
(4) Failure to abide by a cease and desist
order issued under this chapter: Fine of
five hundred dollars ($500.00) per day.
(5) Failure to obtain a contractor's license
under subsection 5-4(e): Fine of two
hundred fifty dollars ($250.00) (first
offense); five hundred dollars ($500.00)
(second and each subsequent offense). In
addition, if a contractor continues to
engage in work without a contractor's
license under this chapter in violation of
a written cease and desist issued by the
city, the penalty for failure to obtain a
contractor's license under this subsection
shall be increased two hundred fifty dol-
lars ($250.00) per day for continued activ-
ity without a license after the cease and
desist was issued.
WINTER SPRINGS CODE
(6) Failure to abide by the requirements of
section 5-10 of this chapter: Fine of two
hundred fifty dollars ($250.00) per occur-
rence.
(7) Any other violation of this chapter: Fine
as provided by law and this chapter.
(c) Civil fine determination. In determining
the amount of the civil fine under subsection (6)
above, the following factors shall be considered:
(1) The gravity of the violation.
(2) Any actions taken by the violator to
correct the violation.
(3) Any previous violations of this chapter
committed by the violator.
(4) The number and size of the trees removed,
if any.
(5) The historical significance of any tree
removed if the tree was deemed hi,otoric,
(6) Whether the violation is irreparable or
irreversible in nature.
(7) The remedial actions offered by the viola-
tor to restore the property consistent
with this chapter.
(8) Whether the violation was willful and
intentional or in violation of an express
provision of an agreement in which
applicable rights were provided to the
city.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03; Ord. No. 2015-22, § 6, 10-2645; Ord.
No. 2020-03, § 2, 7-13-20)
Sec. 549. Authorization to adopt rules
and regulations and fees for
implementation.
The city commission is hereby authorized to
adopt, by resolution, such rules and regulations
and fees as are necessary or proper to implement
this chapter.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2)
10-13-03)
Supp. No. 27 330
TREE PROTECTION AND PRESERVATION
APPENDIX A
UNDESIRABLE TREES
Common Name
Mimosa, silk tree
Woman's tongue
Orchid tree
Bischofia
Carrotwood
Australian pine
Suckering Australian pine
Camphor tree
Laurel fig
Glossy privet
Chinese privet, hedge privet
Melaleuca, paper bark
Chinaberry
Catclaw mimosa
Strawberry guava
Guava
Downy rose -myrtle
Popcorn tree, Chinese tallow tree
Schefflera, Queensland umbrella tree
Brazilian pepper, Florida holly
Tung -oil tree
Paper mulberry
Australian pine
Indian rosewood) sissoo
Ear -pod tree
Goldenrain tree
Lead tree
Senegal date palm
Supp. No. 27
Botanical Name
Albizia julibrissin
Albizia lebbeck
Bauhinia variegate
Bischofia javanica
Cupaniopsis anacardioides
Casuarina litorea (=C. equisetifolia)
Casuarina glauca
Cinnamomum camphora
Ficus nicrocarpa
Ligustrum lucidum
Ligustrum sinense
Melaleuca quinquenervia
Melia azedarach
Mimosa pigra
Psidium guajava
Psidium Montana (=P. littorale)
Rhodomyrtus tomentosa
Sapium sebiferum
Schefflere actinophylla (=Brassaiap
actinohylla)
hinus terebinthefolius
Sc
Aleurites forau
Broussonctia papyrifera
Casuarina cunninghamiana
Dalbergia sissoo
Enterolobium contortisilquum
Koelreutet a ele6
Leucaena leucocephala
Phoenix rechnata
331
Ch. 5, App. A
Ch. 5, App, A
Common Name
Castor bean
WINTER SPRINGS CODE
Botanical Name
Castor bean
Rose -apple Syzygium jambos
(Ord. No. 2002-08, § 2, 4-8-02; Ord, No. 2003.22, § 2) 1043-03)
Supp, No. 27
332
TREE PROTECTION AND PRESERVATION Ch. 5, App. B
APPENDIX B
DESIRABLE TREES
Replacement Plant
and Tree
Size /Minimum Replacement
Credits Notes
Common Name Botanical Name Height
Canopy Trees 2:1 30-70' mature
Bald cypress Taxodium 25 gal.; 10' min. height, deciduous,
distichum hgt.bronze fall color,
chartreuse spring
color
Bald cypress Taxodium 65 gal.; 14' min. 3:1
distichum hgt.
1:1 Medium tree,
Chinese elm Ulmus parviflora 30 gal.; 10' min. evergreen,
(Drake) hgt.
attractive bark,
fine texture
Ulmus americana 30 gal.; 7' min. hgt. 3:1 60-70' mature
Florida elm height, deciduous,
floridana
long living shade
tree
Live oak Quercus virginiana 30 gal.; 10' min. 2:1 100.150' mature
hgt. height, majestic
spread, evergreen,
long-lived
Live oak Quercus virginiana 65 gal.; 12 min. 4:
hgt.
Live oak Quercus virginiana FG; 4.5" min. 5:1
caliper
Longleaf pine Pinus palustris 30 gal.; 9' min. hgt. 3'1 80he ght, highre
branching
40-80' mature
Pignut hickory Carya glabra 30 gal.; 9' min. hgt. 2'1 height, kernel
inside nut is
edible, shade
tolerant
Acer rubrum 30 gal; 10' min. 2:1 50-120' mature
.
Red maple height, red spring
ng
flowers, orange -red
fall color
Red maple Acer rubrum 65 gal.; 12' min. 4:1
hgt.; 3" caliper
Acer rubrum FG; 4" caliper 4:1
Red maple Sand live oak Quercus geminata FG; 3" min. caliper 5:1 Small to medium sized tree, dark
green leaves,
asymmetric form
Supp. No. 27 333
Ch. 5, App. B WINTER SPRINGS CODE
Replacement Plant
and Tree
Size mum Replacement
Common Name Botanical Name Height Credits
Notes
Slash pine Pinus elliottii 30 gal.; 9' min. hgt. 3:1 80-125' mature
height, high
Southern magnolia Magnolia 30 gal.; 8' min. h t. 3:1 branching
grandiflora g 60' mature height,
large glossy leaves,
showy white
Southern magnolia Magnolia 65 gal.; 10' min. 4:1 flowers
grandiflora hgt.
Southern magnolia Magnolia FG; 12' min. hgt.; 5:1
grandiflora 2.5" cal
Sugarberry, Celtis laevigata 30 Q•al ; R' min, hbt• 2:1
—
hackberry 0U8U' mature
height, fruit
cts birds,
graceful
eferl I�Zoi isoft wood
Sweetbay Magnolia FG; 10'min. hgt. L74
ure heightvirgimana y white, seed coneright redvergreenes with
whitish
undersides, prefers
wet soils
Sweetgum Liquidambar 30 gal.; 10' min. 3:1 60-120' mature
styraciflua hgt. height, yellow fall
color, deciduous,
seeds in spiny bals
Sycamore Platanus 30 gal.; 10' min. 3:1 80-100' mature
occidentalis hgt. height, varicolor
bark, golden fall
Water oak Quercus nigra 30 gal.; 10' min. color, deciduous
2:1 95' mature height;
hgt. dull, bluish green
Winged elm Ulmus alata 30 gal.; 10' min. 3:1 foliage; shade tree
50-80 feet mature
hgt. height, corky
winged bark; rusty
Understory Trees fall color
Camelia Camelia spp. FG; 8' min height 2:1 Showy spring
flowers
Supp. No. 27
334
TREE PROTECTION AND PRESERVATION
Replacement Plant
and Tree
Size l Minimum
Common Name Botanical Name Height
Carolina willow Salix caroliniana 15 gal.; 6' min. hgt.
Chapman oak Quercus 15 gal.; 4' min. hgt.
chapmanii
Chickasaw plum Prunus 30 gal.; 6' min. hgt.
angustifolia
Crape myrtle Lagerstroemia 30 gal.; 8' min.
hgt.: standard
Devils-walking-stic Aralia spinosa 15 gal.; 5' min. hgt.
Florida anise tree Illicium �( 15 gal.; 40" min.
floridanum I hgt.
Flowering dogwood Comus florida FGcai5P'emin.
Fringe tree Chionanthus 30 gal.; 6' min. hgt.
virginicus
Hercules -club, Zanthoxylum 15 gal.; 5' min, hgt.
pricklyash clava-herculis
Japanese privet Ligustrum 30 gal.; 6' min. hgt.
japonicum
Supp. No. 27
335
Replacement
Credits
3:1
1:1
3:1
2:1
Ch. 5, App. B
Notes
20.30' mature
height, good for
erosion control,
soft green foliage,
black ridged bark,
prefers moist to
wet soils
Small tree,
evergreen,prefers
well -drained soils
Small spreading
trees, armed, white
flowers before
leaves emerging in
Showy flowers,
15-20' mature
height,
umbrella -like
crown, large white
flower clusters,
spines, spreads
20' mature height,
maroon -red flowers
prefers moist soils,
compact and dense
form
20.30' mature
height, showy
white spring
bracts, red autumn
color
20-30' mature
height, upright
branches forming
dome shape, white
delicate flower
golden fall color
Small armed tree,
deciduous _
15' mature height,
evergreen,upright
snreadina form
Ch. 5, App. B WINTER SPRINGS CODE
Replacement Plant
and Tree
Common Name Botanical Name Siznimum Replacement
Height Credits Notes
Little Gem Magnolia 30 gal.; T min. hgt. 3:1
magnolia grandiflora "Little 20-25' mature
Gem" height, showy
white fowers dark
Little Gem Magnolia 65 gal.; 10' min, green glossy leaves
magnolia grandiflora "Little hgt.4:1
Gem"
Loquat Eriobotrya 30 gal.; 8' min. hgt. 2:1
Medium tree,
japonica
evergreen, dark
gree foliage, dark
Yellow fruits, fruits
ivlusciewood, Carpinus 15 gal.; 6' min. hgt. 2:1 edible
American caroliniana Small tree,
hornbeam deciduous, prefers
moist to
occa00ionly 1t7et
soil prefers shade
to partial shade,
trunks
Myrtle oak Quercus myrtifolia 15 gal.; 5' min, hgt. 2:1 "muscle -like"
;40'mature
all, scrubby
s evergreen,
Podocarpus, Nagi Podocarous nagi 15 gal.; 6' min, hgt. rs drier soils
height,
strongly upright,
symmetrical
branching,
evergreen, dark
Podocarpus, Yew Podocarpus 15 gal.; 6' min. hgt. 50green foliage
macrophyllus ' mature height,
evergreen,
compact, foliated
to ground, dark
Red mulberry Morus rubra 15 gal.; 6' min. hgt, green foliage
Small tree, large
leaves, edible
fruits, attracts
Redbud Cercis canadensis 15 gal.; 6' min. hgt. 2:1 birds
20-35' mature var. canadensis
height, rosy purple
spring flowers,
deciduous, high
branching,
sensitive to auto
pollutants
Supp. No. 27
336
TREE PROTECTION AND PRESERVATION Ch. 5, App. B
Replacement Plant
and Tree
Size/Minimum Replacement
Common Name Botanical Name Height
Credits Notes
Redbud Cercis canadensis 30 gal.; 8' min. hgt. 3:1
var. canadensis ' 20-25' mature
Rusty lyonia, Lyonia ferruginea 15 gal.; 6min. hgt. height, rusty
staggerbush colored new
growth, evergreen,
crooked and
asymmetric form
Elae un ens 15 al. 6' t
min. hgt. 20' mature height;
nus
Silverthorn g p g g sprawling, weeping
form; leaves with
silvery undersides
Southern red cedar Juniperus silicicoia 30 gal.; 7' min. hgt. 3:1 25' mature height,
evergreen with
reddish -brown
bark, prefers
neutral soils
symmetrical when
young, often
asymmetric and
windswept with
age
Vaccinium 15 gal.; 5' min. hgt. 20— mature
Sparkleberry height, red fall
arboreum
color, deciduous
Sweet/Tea Olive Osmanthus 15 gal.; 5' 20' mature height,
min. hgt. 1:1
fragrans evergreen, open,
foliage restricted
to branch tips
Tabebuia s 30 gal.; 10' min. 1:1 Height variable,
Tabebuia pp' hgt not strongly frost
hardy
1
Titi Cyrilla racemiflora 15 gal.; 5' min. hgt. height, ght, p mature
prefers acid
to very acid soils,
prefers moist to
wet soils, wide
spreading
branches, white
racemes of flowers
in early summer
Tortulosa juniper Juniperus 25 gal.; 7' min. hgt. 1:1
chinensis
"Tortulosa"
Supp. No. 27
337
Ch. 5, App. B WINTER SPRINGS CODE
Replacement Plant
and Tree
Size /Minimum Replacement
rTurkey
Name Botanical Name Height Credits
melia Bumelia tenax 15 gal.; 5' min. h t. Notes
g Small tree, coppery
leaf undersides,
k scrubby form
Quercus laevis 15 gal.; 5' min. hgt. 20-30' mature
height, copper fall
color; deeply lobed
leaves, prefers
sandy,
Walter's viburnum Vibumum 25 gal.; T min. 2:1 well -drained soils
12-20' mature
obovatum
hgt.; standard height, white
spring "Ower
clusters, prefers
Weeping willow Salix babylonica 30 gal.; 10' min. 1:1 moist to wet soils
15-25' mature
hgt. height dj aping
Wild olive Osmanthus 15 gal.; 5' min. hgt, linear leaves
g 15-25' mature
americanus height, olive-green
foliage, beautiful
shape in light
Palms shade to sun
Cabbage palm Sabal palmetto 15' min. hgt.; clear :5:0-801 mature
2:1trunk hght long lived
Cabbage palm Sabal palmetto 18' min. hgt.; clear
3:1
trunk
Canary Island date Phoenix 30 gal.; T min, hgt. 1:1 60' mature height,
palm canariensis diamond patterned
trunk, evergreen,
feather -like fronds
Date palm Phoenix FG; 10' min. hgt.; 1:1 80' mature height,
dactylifera clear trunk pinnate leaves to
10' long,
European fan palm Chamaerops 15 gal.; 3' min. gi'eY-green color
1:1 15' mature height,
humilis hgt.; multiple palmate fronds,
Needle palm Rhapidophyllum 25 gal.; 4' min. gray -green color
5:1 3-8' mature height,
hystrix hgt.; triple prefers moist soil,
evergreen, palmate
fronds, declining
native species
Supp. No. 27
338
Common Name
Pindo palm
Pygmy date palm
Washington palm
TREE PROTECTION AND PRESERVATION
Botanical Name
Butia capitata
Phoenix roebelenij
Washingtonia
robusta
Washington palm Washingtonia
robusta
Windmill Palm Trachycarpus
fortunei
min. hgt. = minimum height
min. caliper = minimum caliper
Ch. 5, App. B
Replacement Plant
and Tree
Size l Minimum Replacement
Height Credits Notes
25 gal.; 6' min. hgt. l:l 20' mature height,
pinnate fronds fine
texture, blue-green
color
25 gal.; 5' min. 1:1 8' mature height
hgt.; triple
25 gal.; 7' min. hgt. l:l 60' mature height,
palmate leaves,
rapid growth,
develops "shag" of
hanging dead
fronds, good as
avenue tree
65 gal.; 10' min. l:l
hgt.
25 gal.; 5' min. hgt. l:l 20' mature height,
palmate fronds,
arnv-green color
gal. _ �aiivu
FG =field grown
(Ord. No. 2002-08, § 2, 4-8.02; Ord. No. 2003-22, § 2, 10-13-03; Ord. No. 2020-03, § 2, 7-13-20)
Supp. No. 27
339
Ch. 5, App, C
WINTER SPRINGS CODE
APPENDIX C:
APPROVED STREETSCAPE CANOPY TREE TYPES FOR STREETSCAPES ALONG S.R.
434 AND TUSKAWILLA ROAD
l;anopy Trees
Common Name Botanical Name
Live Oak Ouercus Virginiana
Sycamore Plantanus Occidentalis
Red Maple Acer Rubrum
Southern Magnolia Magnolia Grandiflora
Drake Elm Ulmus Parvifolia Sempervirons
"Drake"
Winged Elm Ulmus Alata
Understory Trees
Common Name Botanical Name
Tree Ligustrum Ligustrum Janonic„m
Lrape Myrtle Lagerstoremia Indicia
Redbud Cercis Canadensis
Tabebuia Tabebuia SDD.
4-inch caliper at DBH
-inch caliper at DBH
3-inch caliper at DBH
3-inch caliper at DBH
3-inch caliper at DBH
3-inch caliper at DBH
nectulrea specs
u ft. ii u ft. opit eau
12 ft. multi or standard
12 ft. height
12 ft. height
The city manager or designee reserves the right toc�cny a pIuposeu tree selection from
the approved streetscape tree listings, pursuant to section 20-605 of the City Code.
(Ord, No. 2002-08, § 2, 4-8-02; Ord. No, 2020-03, § 21 743-20)
Supp, No. 27
340
TREE PROTECTION AND PRESERVATION
APPENDIX D
TREE PROTECTION AREA SIGNAGE
Machinery, Dumping, Construction,
Parking, or Storage of Any Materials is
PROHIBITED
By City of Winter Springs
Violators are subject
to municipal infraction citations of up to
$5000 per violation.
Enforced by the City of Winter Springs
Pursuant to Chapter 5 of the City Code
Tree Protection Area Si�na�e
The sign shall be made of rigid material such as wood, metal or durable plastic. Non -rigid materials
such as paper, cardboard, cellophane or foil are not acceptable. The sign shall be two (2) feet wide by
three (3) feet long.
Supp. No. 27
341
WINTER SPRINGS CODE
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Supp. No. 27 342
Chapter 11
MISCELLANEOUS OFFENSES*
Sec. 11-1. State misdemeanors adopted; penalty.
Sec. 11-2. Assessment and collection of court costs; use.
Sec. 11-3. Trespass.
Sec. 11-4. Reserved.
Sec. 11-5. Reserved.
Sec. 11-6. Restricted hours of building construction
construction of subdivision improvements.
*Cross reference —General penalty, § 1-15.
Supp. No. 27
761
or
installation or
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 27 762
MISCELLANEOUS OFFENSES
Sec. 11-1. State misdemeanors adopted;
penalty.
(a) It shall be unlawful for any person to
commit within the city any act which is or shall
be recognized by the laws of the state as a
misdemeanor.
(b) Any person convicted of violating this
section shall be punished in accordance with
section 1-15.
(Code 1974, § 94)
Case law annotations —A municipality may enact an
ordinance creating an offense against municipal law for the
same act that constitutes an offense in state law. Jaramillo u.
City of Homestead, 322 So.2d 496 (1975).
A municipality by ordinance may adopt state misdemeanor
statutes by specific or general reference.
Adoption of state law misdemeanors by reference includes
laws both in existence at the time and those later adopted by
the state legislature. State u. Smith, 189 So.2d 846.
State law references —Fines and forfeitures in county
court payable to municipality, F.S. § 34.191; punishment for
misdemeanors, F.S. §§ 7756082, 7750083. See also Florida
Statutes general index under heading "Crimes" for listing of
state law misdemeanors.
Sec. 11-2. Assessment and collection of
court costs; use.
(a) There is hereby assessed by the city in
compliance with F.S. § 943425(13) an additional
two dollars ($2.00) as court costs against every
person convicted for violation of a state penal or
criminal statute or convicted of a municipal or
county ordinance, where such offense occurred
within the city. In addition, two dollars ($2.00)
shall be deducted from every bond estreature or
forfeited bail bond related to such penal statutes
or ordinances. However, no such assessment
shall be made against any person convicted for
violation of any state statute, municipal or county
ordinance relating to the parking of vehicles.
(b) All such assessments shall be collected by
the appropriate court and shall be remitted to
the city and earmarked for law enforcement
education and training for members of the police
department. The use and expenditure of such
funds shall be in accordance with education and
training programs for law enforcement person-
nel as determined by the chief of police and in
accordance with F.S. § 943.25(13).
(Code 1974, § 2-5)
Supp. Mn 27
Co 11-3. Trespass.
It shall be unlawful for any person to commit
any trespass upon the property of another with a
malicious or mischievous intent within the
corporate limits of the city.
(Code 1974, § 9-3)
Sec. 11-4. Reserved.
Editor's note —Ord. No. 2020-03, § 3(2), adopted July
13, 2020, repealed § 11-4, which pertained to injuring
city -owned shade trees and derived from the Code of 1974.
Sec. 11-5. Reserved.
Editor's note —Ord. No. 2011-10, § 3, adopted July 25,
2011, repealed former § 11-5 in its entirety which pertained
to discharging or brandishing firearms and derived from the
Code of 1974, § 946.
Sec. 11-6. Restricted hours of building
construction or installation or
construction of subdivision
improvements.
(a) All building construction activities as
regulated or permitted by Chapter 6, titled
Building and Building Regulations, and as
regulated and required by Chapter 9, Land
Development, shall only be delivered to the site,
built, constructed, or installed during the hours
of 7:00 a.m. until one-half (1/2) hour before
sunset, as sunset is established by the National
Weather Service or other federal agency.
(b) An exception to these hours maybe secured
in writing, in advance from the bung official
of the City of Winter Springs, upon a showing of
an emergency or necessity, supported by techni-
cal or practical need that a task cannot be
completed during said 7:00 a.m. until one-half
(1/2) hour before sunset.
(c) A violation of this section can be enforced
as a code enforcement or citation offense pursu-
ant to Chapter 162, Florida Statutes, or as
provided by state law as a misdemeanor, or as a
civil matter by injunctive relief; or, this section
may be enforced in the alternative using some or
all of the aforesaid remedies.
(Ord. No. 730, § 1, 6-2&99)
763
§ 11-6 WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 27 %64
Division 14, Cc Commerce Center Zoning District
Sec. 20-345.
Sec. 20-345.1.
Sec 20-345.2.
Sec. 20-345.3.
Sec. 20-345.4.
In general.
Uses permitted.
Building height restrictions.
Conditional uses.
Bulk regulations.
sion 15. C-3 Highway 17 92 Commercial District
Sec. 20-346. In general.
Sec. 20-346.1. Uses permitted.
Sec. 20-346.2. Building height regulations.
Sec. 20-346.3. Conditional uses.
Sec. 20-346.4. Bulk regulations.
Secs. 20-347-20-350. Reserved.
Article N Planned Unit Developments
Sec, 20-351. Intent and purpose of district.
Sec. 20-352, Development Agreement and Master Plan.
Sec. 20-353. Standards for planned unit developments.
Sec. 20-354. Procedures for approval of planned unit development zoning
classification.
Sec. 20-355. Appeals.
Sec. 20-356. Control of development following recordation of development
agreement.
Sec. 20-357. Amendment to existing PUD.
Sec. 20-358. Additional requirements.
Secs. 20-359-20-410. Reserved.
Article V. Supplemental District Regulations
Division 1. Generally
Sec. 20-411. Trailers in residential areas.
Sec. 20412. Trailer uses.
Sec. 20-413, Animals.
Sec. 20-414. Exceptions.
Sec. 20-415. Reserved.
Sec. 20-416. Kennel zoning.
Sec. 20-417. Residential wall buffers required.
Sec. 20-418. Gasoline stations.
Sec. 20419. Limitations on residential densities.
Sec. 20-420. Secondary metals recyclers and similar non -hazardous recyclers.
Sec. 20-421. Pill mills.
Sec. 20-422. Public, private and charter school and daycare center siting
criteria.
Secs. 20-423, 20-424. Reserved.
Sec. 20-425. Medical marijuana dispensaries prohibited.
Secs. 20-426-20430. Reserved.
Division 2. Motor Vehicles
Sec. 20-431. Parking, storage or maintenance of certain vehicles prohibited
in residentially zoned districts.
Sec. 20432. Commercial vehicle -Definition.
Sec. 20-433. Storage, repair, etc., of disabled motor vehicles; approved.
Sec. 20-434. Authorized commercial vehicles in residential areas.
Supp. No. 27
1309
WINTER SPRINGS CODE
Sec. 20-435. Authorized commercial vehicles in residentially zoned districts.
Sec. 20-436. Authorized commercial vehicles -Limited -term parking permits.
Sec. 20-437. Exempted vehicles.
Sec. 20-438. Parking vehicles in residential front yards and on sidewalks
prohibited.
Sec. 20-439. Parking areas on residential lots; design requirements.
Secs. 20-440-20-450. Reserved.
Division 3. Siting and Regulation of Telecommunications Towers
Sec. 20-451. Telecommunications towers.
Division 4. Regulation of Home Occupations or Home Offices
Sec. 20-452. Home occupations or home offices.
Secs. 20-453-20-460. Reserved,
Article VI. S.R. 434 Corridor Vision Plan
Division 1. S.R. 434 Corridor Overlay District
Sec. 20-461. Intent.
Sec, 20-462. Creation.
Division 2. General Design Standards for New Development Area
Sec. 20-463. Applicability.
Sec. 20-464. Building height.
Sec. 20-465. Setbacks,
Sec. 20-466. Required streetscape.
Sec. 20-467. Off-street parking and driveway requirements.
Sec. 20-468. Large footprint buildings.
Sec. 20-469. Reserved.
Sec. 20-470. Reserved.
Sec. 20-471. Utility lines.
Sec. 20-472. Corridor access management.
Sec. 20-473. Building and screening design guidelines.
Sec. 20-474. Development agreement.
Sec. 20-475. Reserved.
Secs. 20-476-20-479. Reserved,
Division 3. Reserved
Sec. 20-480-20-500. Reserved.
Division 4. Reserved
Tables 1, 2 Reserved
Secs. 20-501-20-599. Reserved.
Article VII. S.R. 434 and Tuslcawilla Road Streetscape Requirements.
Sec. 20-600. Intent.
Sec, 20-601. Streetscape requirements.
Sec. 20-602, Appropriate Streetscape illustrations.
Secs. 20-603-20-249. Reserved.
Supp. No. 27 1310
Article VIII. Mobile Food Dispensing Vehicles
Sec. 20-650. Mobile food dispensing vehicles.
Supp. No. 27 1310.1
ZONING § 20-324
Desirable large footprint bungs are wrapped in a liner of smaller buildings with doors and
windows facing the street.
a. To encourage use by pedestrians and decrease the need for solely auto -oriented patronage,
large -footprint buildings must reinforce the urban character of the town center and shall
therefore continue a connected system of walkable street frontages.
b. Loading docks, service areas and trash disposal facilities shall not face streets, parks,
squares or significant pedestrian spaces.
(10) Additional prohibitions. The following are prohibited where visible from parks, squares and
primary streets:
a. Utility boxes and machinery, including but not limited to: backflow devices, electric meters
and air conditioning units.
(11) Maximum block size. A block is noted by this Code as an increment of land composed of an
s. The maximum block size
aggregate of lots, tracts and alleys circumscribed by thoroughfare
permitted by this Code is a perimeter of one thousand six hundred (1,600) feet, with no
individual block face being more than six hundred (600) feet in length. Special exceptions may
be approved by the DRC on a case -by -case basis from this provision where circumstances
including structured parking among other things are constructed in the block.
Fronts and backs orientation of buildings and lots relative to the frontage line:
a. Buildings and lots have fronts, sides, and rears.
b. Thoroughfares, with the exception of rear alleys and rear lanes, should be faced with the
fronts and sides of buildings and lots.
c. Rear alleys, rear lanes and mid -block parking areas should be faced with the backs of
sides of buildings and lots.
Supp. No. 27 1342.25
§ 20-324
WINTER SPRINGS CODE
I
1
i
I
I
i
i
1
j
I I
i I
1
I'
I
I
1 i
I
'
t
{
How to measure blocks
1�
�C
i'
blockpenmeter=
A+B4C+D+E I,
1 1
i � B
A. 4
® ® denier line
Block measurements are taken along the cerAorlmesbetween nght-of-
ways regardless of roadway pavoment locations.
(12) Building height. Proposed buildings greater that three (3) stories in height shall require
conditional use review and permit. Cupolas, spires, domes, pinnacles, chimneys, penthouses and
similar architectural features may be erected to a height greater than any limit prescribed in this Code
provided, each feature does not exceed six hundred (600) square feet in area and does not extend more
than thirty (30) feet above the designated height limit for each transect zone. Building height is
measured as the vertical distance from the lowest point on the tallest side of the structure to the top
of the cornice, eave or similar architectural feature. Subject to aesthetic review approval, buildings
greater than three (3) stories must have a building step -back consisting of an architectural design
element that is applied to each story above three (3) stories of the development. A step back requires
that any portion of a building above three (3) stories is further pushed -in towards the center of the
property for purposes of reducing the scale of the building and enhancing its aesthetic character while
exposing and emphasizing the ground -level elements of a structure, increasing views of surroundings
areas, and increasing solar and wind pass through.
Supp. No. 27 1342.26
ZONING
Lot ►ice R.O.W.
Courtesy: SmartCode, Version 9.2
(Ord. No. 2012416, § 2, 3-12.12; Ord, No. 201M% § 2, 6-10-19; Ord. No. 2020-0% § 32 4-27-20)
Supp. No. 27 1342.27
§ 20-325 WINTER SPRINGS CODE
Sec. Aumaza. Transect standards.
(a) City of Winter Springs Town Center Master Plan.
(b) Transect zone design standards.
T3 (Suburban Zone)
(1) Description. This zone consists of the least dense residential areas, adjacent to higher density
zones within the town center that include some mixed -use. Home occupations and accessory
Supp, No. 27 1342.28
ZONING
dwelling units (ADU) are allowed. Planting is naturalistic and setbacks are relatively deep.
Blocks may be large and the roads irregular to accommodate natural conditions. This zone is
intended to provide a transition to and incorporation with existing lower density residential
areas that are adjacent to the town center district.
Town Center District Transect Map
(2) Dimensional requirements. Applications are subject to standard administrative provisions in
section 20-321 of this Code.
Lot Design Guidelines
Lot orientation
Supp. No. 27 1342.29
Lot width
Lot depth
Lot coverE
Principle
Front
Rear
Side
Frontage buildout
Front
Rear
Side
Private fron
Common yard
Porch & fence
court
Forecourt
Arcade/colonade
setbacks
setbacks
WINTER SPRINGS CODE
Lot Design Guidelines
30 ft. min
50 ft. min
% max.. or 4.0
100 ft. max.
175 ft. max.
I sf, max, footprint
line)
10 ft. min. (from front property line)
3 ft. min. (from rear property line) 6 ft. max.
0 ft. or 3 ft. min. (from side property line)
40% minimum at setback
20 ft. min. +building setback
(from front property line)
3 ft. min. (from rear property lir
0 I. or 3 ft. min. (from side nronert
o sluries max—i storyminimum
2 stories maximum
Le
Permitted
2riflitd
Prohibited
Prohibited
Prohibited
Permitted
Prohibited
Permitted
line
)
*Irregularly shaped lots may vary from the frontage buildout standard upon recommendation of the
Development Review Committee (DRC).
*"There shall be a one -foot minimum raised first floor height above the sidewalk for residential uses.
T4 (General Urban Zone)
(1) Description. Consists of mixed -use but primarily residential urban fabric. This zone may have
a wide range of building types, both residential and commercial in nature. Setbacks and
landscaping are variable. This zone is typically residential but is more urban and compact than
the suburban zone, and is located closer to core of the town center. Corner stores may also be
found in this zone.
Supp, No. 27 1342.30
ZONING
Town Center District Transect Map
(2) Dimensional requirements. Applications are subject to standard administrative provisions in
section 20-321 of this Code.
Lot Design Guidelines
Lot orientation
Supp. No. 27 1342.31
WINTER SPRINGS CODE
Lot Design Guidelines
Lot width
Lot depth
18 ft. min., 90 ft. max.
Lot
50 ft. min., 150 ft. max.
coverage
70% max
Principle building setbacks (from
property line)
Front
Rear
4 ft. min.-18 ft. max (from front property line)
Side
3 ft. min. (from rear property line)
Frontage buildout (building footprint)
0 ft. or 3 ft. min. (from side property line)
Accessory building setbacks
60% minimum at setback
Front
20 ft. min. + building setback
Rear
(from front property line)
Side
3 ft. min. (from rear property line)
Building height
0 ft. or 3 ft. min. (from side property line)
Prl nci Dl P.
Accessory
2 swries min., 4 max.''
Private frontages
2 stories max.
Common yard
Permitted
Porch and fence
Pey�xiiI i
Terrace/light court
Forecourt
Permitted
Permitted
Stoop
Permitted
Shopfront, awning and balcony
Permitted
Gallery
Permitted
Arcade/colonade
Permitted
Side setbacks may be zero (0) feet for large mixed -use building lot, mixed -use building lot, small
mixed -use building lot, townhome lot, and apartment building lot. All other lot types shall maintain a
three-foot side setback.
**First floor height (finished floor) shall be a minimum of twenty-four (24) inches above sidewalk
grade for residential uses.
T5 (Urban Center Zone)
(1) Description. The T5 urban center zone comprises the core of the town center and is synonymous
with the city's urban central business district. It shall consist of a higher intensity mix of uses
that include retail, offices, and residential. T5 areas typically have fairly small blocks with
wide sidewalks, regularly -spaced tree plantings.
Supp. No. 27 1342.32
ZONING
Town Center District Transect Map
(2) Dimensional requirements. Applications are subject to standard administrative provisions in
section 20-321 of this Code.
Lot Design Guidelines
Lot orientation
Supp. No. 27 1342.33
IS 20-325
Lot width
Lot depth
Lot cover
setbacks (from
Front/principle plane
Rear
Side
Frontage buildout
Accessory building setbacks
Front
Rear
Side
Building height
PrinciDle
Private fronta
Common yard
Porch and fence
t court
Forecourt
�I
WINTER SPRINGS CODE
Lot
Guidelines
18 ft. min., 180 it.. max.
30 ft. min., 160 ft. max.
100% max.
line)
25 ft. 50 ft. max (from front property line). The
minimum required front setback shall be the
average of the front setback of the two developed
lots abutting each side of the property. When one
or more of the abutting lots is vacant, the next
developed lot on the same block shall be used.
When there is only one abutting lot on the same
block face, it shall be used in this calculation.
15 ft. (from rear property line
5 ft. min, 100 ft. max. (from side property line
_Z
20 ft. min. + building setback (from front
15 ft. min. (from rear property lira;
5 it. min. (from side property line
2 stories min., 5 stories max.
2 stories min.
Prohibited
Permitted
Permitted
Permitted
Permitted
Permitted
Permitted
*First floor height (finished floor) shall be a minimum of twenty-four (24) inches above sidewalk
grade for residential uses.
Civic/Public
(1) Description. The civic/public areas are used for functions of public benefit such as parks and
recreation, conservation areas that are dedicated to the public and government uses such as
City Hall, Winter Springs High School, and the U.S. Post Office.
(2) Dimensional requirements. Design standards in all civic/public areas shall be evaluated by the
city community development department for recommendation to the development review
committee (DRC).
Supp, No. 27 1342.34
ZONING
Town Center District Transect Map
Supp. No. 27 1342.35
•+ �ilplu"for* my
666
it
ww
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ZONING
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Pl n
(2) SR 434 street edge. The streetscape requirements set forth in chapter 20, article VII S.R. 434
and Tuskawilla Road Streetscape requirements shall apply.
(3) Urban Boulevard (acceptable option for the town center street).
Supp. No. 07 1342.36.1
WINTER SPRINGS CODE
(4) Town Center Street (a one-way variation of this street section is acceptable subject to approval
of the development review committee ( RC)).
Supp. No. 27 1342.36.2
ZONING
ing. A home occupation or home office is u. Massage therapy;
not permitted within an accessory dwell- v. Photographic studios involving
ing unit. chemicals or client visitors;
(4) There shall be no exterior advertising of W Retail commercial operations;
the home occupation on the outside of the
dwelling unit or permitted accessory build- x. Sexually oriented businesses;
ing. y. Vehicle sales or rental;
(5) There shall be no exterior storage or Tattooparlors;
display on the premises of material or z
equipment used as a part of the home aa. Health care providers; or
occupation or home office. Commercial
vehicles shall be regulated pursuant to bb. Pain management clinics, as defined
section 20-431 et seq. of the City Code. by section 458,3265 or section
(6) The following uses shall not be considered
459.0137, Florida Statutes.
a home occupation or home office: cc. Any other use or activity similar in
a. Adult entertainment establishments; nature or purpose to those listed
herein and any other use or activity
b. Antique shops; inconsistent with the requirements
c. Art studio for group instruction; of this Code.
d. Auto service and repair; (7) No person other than inhabitants resid-
e. Mechanical service and repair; ing on the premises of the dwelling unit
f. Barber and cosmetology services; shall be engaged on the premises of the
home occupation or home office.
g. Band or music instruction for groups;
h. Bed and breakfast facilities; (8) No traffic/parking shall be generated by
the home occupation or home office in
i. Clubs, private; greater volumes than would normally be
j. Drive-in facilities; expected in accordance with industry
k. Eating and drinking establishments; traffic and parking standards for a
residential unit located in a residential
1. Escort services; neighborhood.
m. Food processing and handling, com-
(9) No dangerous, toxic or hazardous mate-
mercial (except that cottage food
operations, as defined in section rial shall be used or stored on the premises
in connection with the home occupation
20-1 of the City Code, may be
considered a home occupation or or home office, except, however, this provi-
home office); sion shall not be construed as prohibiting
a person from using or storing products
n. Fortune tellers; that are normally used or stored at a
o. Funeral homes; residence for purely domestic or household
p. Group instruction for more than purposes such as cleaning, lawn fertilizer
two (2) people; and pest control products.
q. Health spas; (10) No equipment or process used in the
r. Hospitals and clinics; home occupation or home office shall
create noise, smoke, dust, heat, vibra-
s. Hotels/motels; tion, glare, fumes, odors or air pollution
C Kennels or overnight boarding of off the premises on which the home
animals; occupation or home office exists.
Supp. No. 27 1381
WINTER SPRINGS CODE
(b) A home occupation or home office is permit-
ted in the town center subject to the provisions of
section 20-324(7).
(c) All home occupations and home offices
shall be required to obtain a business tax receipt
as required by section 10-26 of the City Code,
prior to the start of such use. In addition to any
other submittals required for a business tax
receipt, the applicant shall also submit the fol-
lowing:
(1) The exact nature of the home occupation
or home office;
(2) Total air-conditioned floor area (square
f� t) vi file 1 G01UC11GC; and
(3) Amount of area, measured in square feet,
to be utilized in conducting the home
occupation or home office.
(Ord. No. 2011-08, § 2, 104041; Ord. No.
2012-09, § 5, 7-2342; Ord, No. 2016-05, § 2,
2-22-16)
Secs. 20-453-20-460. Reserved.
ARTICLI'; VI. S.R. 434 CORRIDOR VISION
PLAN*
DIVISION 1. S.R. 434 CORRIDOR OVERLAY
DISTRICT
Sec. 20-461. Intent.
The purpose and intent of this specialized
overlay zoning district is to encourage and provide
for enhanced property development within the
S.R. 434 commercial corridor. Some of the objec-
tives to be attained through the establishment of
this district include: enhancement of the of the
corridor; provision of architectural design
*Editor's note —Ord. No. 675, adopted Dec. 8, 1997)
amended the Code by adding provisions designated as Art.
20-445-20-459. In order to reserve sections
for future use, the editor has redesignated the provisions of
Ord. No. 675 as herein set out,
Supp. No. 27 1382
guidelines to create a unifying theme over time;
protection of adjacent residential land uses; and
protection of property values.
(Ord. No. 675, 12-8-97; Ord. No. 2014-34, § 21
12-8-14)
Sec. 20-462. Creation.
In addition to, and supplemental to, other
zoning and land development regulation require-
ments heretofore and hereafter, the S.R. 434
Corridor Overlay District includes additional
regulations to promote the orderly development
and redevelopment of the corridor, which shall
be applied through imposition and mapping of
an overlay district. The regulations are in addi-
tion to anti not in ai,h tit„t� �f f-h ,
Ui uhc iuiLLC1lyiiug
zoning distinct regulations which shall also remain
applicable to the overlay zone. The overlay district
design standards will govern development within
the corridor and will control where conflicts
between regulations occur.
(Ord. No. 675, 12-8-97)
DIVISION 2. GENERAL DESIGN
STANDARDS FOR NEW DEVELOPMENT
AREA
Sec. 20-463. Applicability.
The following design standards shall apply to
the State Road 434 Overlay District which includes
all properties lying within the corporate limits of
the City of Winter Springs adjacent to the S.R.
434 right-of-way (inclusive of the entire parcel
adjacent thereto) from U.S. 17/92 to the
easternmost boundary of the City of Winter
Springs with the exception of properties within
the Town Center District, and Greeneway
Interchange District (GID), which are subject to
other regulations set forth in the City Code.
(Ord. No. 675, 12-8-97; Ord. No. 2003-23, § 2,
6-23-03; Ord. No. 2014.34, § 2, 12-8-14)
Sec. 20464. Building height.
Proposed buildings greater that three (3) stories
in height shall require conditional use review
and permit. However, no building shall exceed
five (5) stories in height. For the purpose of these
design standards, building height shall be
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measured from ground level to the highest point
of the coping of a flat roof or the mean height
level between eaves and ridge for gable, hip or
gambrel roofs. Cupolas, spires, domes, pinnacles,
chimneys, penthouses and similar architectural
features may be erected to a height greater than
any limit prescribed in this Code provided, each
feature does not exceed six hundred (600) square
feet in area and does not extend more than thirty
(30) feet above the designated height limit.
Building height is measured as the vertical
distance from the lowest point on the tallest side
of the structure to the top of the cornice, eave or
similar architectural feature. Subject to aesthetic
review approval, buildings greater than three (3)
stories must have a building step -back consist-
ing of an architectural design element that is
applied to each story above three (3) stories of
the development. A step back requires that any
portion of a building above three (3) stories is
further pushed -in towards the center of the
property for purposes of reducing the scale of the
building and enhancing its aesthetic character
while exposing and emphasizing the ground -
level elements of a structure, increasing views of
surroundings areas, and increasing solar and
wind pass through.
(Ord. No. 675, 12-8-97; Ord. No. 2014-34, § 2,
12-8.14; Ord. No. 2020-02, § 4, 4-27-20)
Sec. 20-465. Setbacks.
It is the intent of the city to create a sense of
place along the S.R. 434 Overlay corridor. No
improvement shall be located on any property
closer to any property line than the minimum
setbacks set forth below:
Buildings
S.R. 434
Minimum
Maximum
25 feet,
100 feet
Collector Street
Minimum
Maximum
25 feet,
100 feet
Internal Street/Alley
Minimum
Maximum
5 feet,
25 feet
Side
Minimum
10 feet
Rear
Minimum
10 feet
(b) The following improvements are specifi-
cally excluded from the setback restrictions:
(1) Steps and walks;
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(2) Landscaping and landscape berms;
(3) Planters three (3) feet in height or less;
or
(4) Other improvements such as balconies,
stoops, and awnings may be permitted
under applicable regulations of the city.
(Ord. No. 675, 12-8-97; Ord. No. 2010-09, § 2,
4-2640; Ord. No. 2014-34, § 2, 12-8.14; Ord. No.
2020-02, § 4, 4-27-20)
Sec. 20-466. Required streetscape.
The streetscape requirements set forth in
Chapter 20, Article VII S.R. 434 and Tuskawilla
Road Streetscape Requirements shall apply.
(Ord. No. 2020-02, § 3, 4-27-20)
Sec. 20-467. Off-street parking and
driveway requirements.
The following parking and driveway require-
ments shall apply to the State Road 434 Overlay
District:
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(a) Paved driveway and parking spaces. All
driveways and parking spaces shall be
paved with asphaltic concrete and/or
concrete and shall be curbed.
(b) Parking space size. Each off-street park-
ing space shall be a minimum of two
hundred (200) square feet, ten (10) feet
by twenty (20) feet, in addition to space
for access drives and aisles. The minimum
width of each space shall be ten (10) feet.
The two -foot area of paving at the end of
each parking space may be omitted
provided the area is landscaped with sod
or another acceptable ground cover. The
two -foot landscaped area shall be counted
toward any other green space require-
ment or setback. Lines demarcating park-
ing spaces may be drawn at various
angles in relation to curbs or aisles, so
long as the parking spaces so created
contain within them the rectangular area
required.
(c) Access drive width. Each access drive
shall have a minimum width of twenty-
four (24) feet.
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(d) Off street parking requirements. The
number of required parking spaces shall
be calculated pursuant to section 9-277
of this Code.
(Ord. No. 675, 12-8-97; Ord. No. 2014-34, § 21
12-8-14)
Sec. 20-468. Large footprint buildings.
Buildings with a footprint greater than twenty
thousand (20,000) square feet should be built
with the following special limitations:
(a) Where practical, buildings should have
the appearance of being wrapped in a
liner of smaller buildings with doors and
windows facing the right -of --way or park-
ing area. This will be a primary
consideration for staff as aesthetic review
for buildings are considered pursuant to
Chapter 9, Article XII of this Code.
(b) To encourage use by pedestrians and
decrease the need for solely auto -oriented
patronage, large -footprint buildings must
provide a connected system of walkable
street frontages to adjacent buildings
and outparcels.
(c) Where possible, loading docks, service
areas and trash disposal facilities shall
not face rights -of -way or residential areas.
Where it is not possible to meet this
requirement, adequate buffering/screen-
ing shall be provided.
(Ord. No. 675, 12-8-97; Ord. No. 2014.34, § 2,
12-844)
Sec. 20469. Reserved.
Editor's note —Ord. No. 2014-34, § 2, adopted Dec. 8,
2014, repealed former § 20-469 in its entirety which pertained
to buffers and walls and derived from Ord. No. 675, 12-8-97;
Ord. No. 710, §§ III, IV, 1-11-99; Ord, No. 2000-07, § 2.C,
5-8-00,
Sec. 20470. Reserved.
Editor's note —Ord. No. 2013-09, § 3, adopted Sept. 9,
2013, renumbered former § 20-470
Sec. 20471. Utility lines.
(a) All new and relocated utility infrastructure
shall be constructed and installed underground
to the maximum extent feasible and possible
Supp. No. 27 1384
consistent with law and industry standards. All
new or relocated utility lines, pipes, conduit and
similar infrastructure within the district shall
be constructed and installed beneath the surface
of the ground unless the City determines that
soil, topographical, or any other compelling site
condition makes undergrounding unreasonable
and impracticable.
(b) Incidental utility appurtenances includ-
ing transformer boxes, switch boxes, and pedestal
mounted boxes shall not be required to be
constructed and installed underground. However,
such appurtenances shall be constructed and
installed at locations approved by the City with
maximum consideration given to visual screen-
ing, buffering, and other aesthetic and practical
on and off -site visual and safety considerations.
Such appurtenances shall be set back a minimum
of fifteen (15) feet from any right-of-way. Visual
creciling beciiiiiques shall include landscape
materials and masonry constructions.
(c) Easements shall be required for the
construction and installation of all utility
infrastructure unless a written determination by
the utility is submitted which provides that an
easement is not needed to secure permission to
use the property on which the infrastructure is
installed.
(Ord. No. 675, 12-8-97; Ord. No. 2014.34, § 2,
12-8-14)
Sec. 20-472. Corridor access management.
(a) A system of joint use curbed driveways
and cross access easements shall be established
along the S.R. 434 Corridor and the building site
shall incorporate the following:
(1) Across access corridor extending the
entire length of each block served to
provide for driveway separation
(consistent with the F.D.O.T. access clas-
sification system and standards).
(2) Stub -outs and other design features to
make it visually obvious that the abut-
ting properties may be tied in to provide
cross -access via a service drive.
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(3) A unified access and circulation system
plan that includes coordinated or shared
parking areas is encouraged wherever
feasible.
(b) Shared parking areas are strongly encour-
aged and parking facilities for bicycles shall be
provided.
(c) In furtherance of corridor access manage-
ment, property owners shall:
(1) Record an easement in the public records
allowing cross access to and from other
properties served by the joint use
driveways and cross access or service
drive;
(2) Record an agreement in the public records
that remaining access rights along the
thoroughfare will be dedicated to the city
and pre-existing driveways will be closed
and eliminated after construction of the
joint -use driveway.
(3) Record a joint maintenance agreement in
the public records defining maintenance
responsibilities of property owners.
(d) The city engineer may reduce required
separation distance of access points, where they
prove impractical, provided all of the following
requirements are met:
(1) Joint access driveways and cross access
easements are provided where feasible in
accordance with this section.
(2) The site plan incorporates a unified access
and circulation system in accordance with
this section.
(3) The property owner shall enter a written
agreement with the city, recorded in the
public records, that pre-existing connec-
tions on the site will be closed and
eliminated after construction of each side
of the joint use driveway.
(Ord. No. 675, 12-8.97; Ord. No. 2014-34, § 2,
12-8-14)
Sec. 20473. Building and screening
design guidelines.
(a) Projects shall include but not be limited to
the following materials: stucco, split -faced or
decorative concrete block, reinforced concrete
Supp. No. 27
with tile, "hardie-plank" siding, termite resistant
wood, and brick and terra cotta accent material.
Materials should be of high quality and well
crafted. Any building facade that is visible from
a public street or adjacent property shall contain
transparent windows covering from fifteen (15)
percent to seventy (70) percent of the wall area.
(b) Mechanical equipment and appurtenances,
including but not limited to air conditioner units,
ventilation equipment, refrigeration systems,
heating units, etc., must be screened so that they
are not visible from any public right -of --way and
adjacent residential zoning districts. The screen
shall consist of a solid wall, facade, or suitable
landscaping. Such screening material shall extend
at least one (1) foot above the object to be
screened. Said landscaping must be maintained
in a fashion so as to continue to provide the
intended screening. If landscaping is utilized,
the plantings must be an evergreen plant mate-
rial that is high enough within one (1) year of
planting to provide a screen which will screen
the entire unit. If roof -top mechanical equip-
ment is utilized, said equipment shall be screened
with a parapet that extends at least one (1) foot
above the equipment that is screened. A cornice
shall delineate the top of the parapet.
(c) All storage areas and dumpsters shall be
screened from view from the right -of --way and
from adjacent residential zoning districts and be
located in an enclosure that is consistent with
the architectural design of the principal structure.
Landscaping measuring at least 364nches in
height at the time of planting must be provided
around all dumpster enclosures.
(d) Side and rear elevations of buildings vis-
ible from a public street or adjacent property
shall be designed in the same architectural style
as the main facade, with the exception of transpar-
ent window requirements.
(e) All doors for service entrances or bays
h
shall not face a public street unless tey are
screened to obscure service activities.
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(f) Outparcels shall conform to the
architectural, signage, and landscape theme of
the overall project.
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(g) Vending machines, and ATM's shall be
located within the building. Trash receptacles
shall be encased in a decorative enclosure that is
architecturally compatible with the building.
(h) Exterior lighting shall be a cut-off light
source to protect adjacent properties from glare.
All exterior lighting shall be consistent and
compatible throughout the project.
(i) Buildings with multiple storefront entries
shall incorporate continuous overhangs or arcades
in the design to promote pedestrian activity and
to shield pedestrians from excessive sun, heat,
and rain. This element will be a component of
the aesthetic review of the building pursuant to
Chapter 9, Article XII of this Code.
(j) Backflow preventers and other above ground
valves shall be screened so they are not visible
from the street right-of-way using either landscap-
ing or an opaque building material.
(k) Drive-thru pick up windows shall not be
visible from surrounding residential properties
and rights -of -way.
(Ord. No. 675, 12-8-97; Ord. No. 200243, § 2)
543-02; Ord. No. 2014.34, § 2, 12-8-14)
Sec. 20-474. Development agreement.
Any developer may propose to enter into a
development agreement with the city designed
to set forth terms and conditions appropriate to
meet the circumstances of the specific proposed
development. Such development agreement shall
be reviewed and approved by the city commis-
sion. The city commission may vary the standards
of this division, including building or perimeter
setbacks, parking standards, signage, and other
standards. If an increase in building height
beyond five (5) stories is requested, the city staff
must document that fire department capabilities
are adequate to address the change. Consideration
of a height over five (5) stories shall be based on
building site constraints or physical characteristics
and be memorialized in a development agree-
ment if enhanced perimeter landscaping or buffer-
ing is provided to assure that the objectives of
this article are achieved.
(Ord. No. 675, 12-8-97; Ord. No. 2014.34, § 2)
12-8-14)
Supp. No. 27 1386
Sec. 20-475. Reserved.
Editor's note -Ord. No. 2003-43, § 2, adopted Jan. 26,
2001, repealed former section 20-475 in its entirety which
pertained to the corridor design review board and derived
from Ord. No. 675, adopted Dec. 8, 1997,
Secs. 20-476-20-479. Reserved.
DIVISION 3. RESERVED*
Sec. 20-480-20-500. Reserved.
DIVISION 4. RESERVED
Editor's note -Ord. No. 2020-03, § 3(1), adopted July
13, 2020, repealed tables 1 and 2, which pertained to
recommended shrub and tree pallets, and derived from
original Code material.
Secs. 20-501-20-599. Reserved.
ARTICLE VII. S.R. 434 AND TUSKAWILLA
ROAD STREETSCAPE REQUIREMENTS.
Sec. 20-600. Intent.
State Road 434 and Tuskawilla Road are
major roadway corridors that run through the
heart of the jurisdictional limits of the city, and
these roadways have unique streetscape attributes
that impact the overall appearance and quality
of life of the Winter Springs community. The
intent of this article is to create and maintain a
sustainable streetscape strategy along the State
Road 434 and Tuskawilla corridors that will play
an important role in forming the visual image of
Winter Springs being a sustainable city. It is
*Editor's note -Ord. No. 2014-34, § 2, adopted Dec. 8,
2014, repealed former Div. 3, §§ 20-480-20-485, 20-487-20-
490, in its entirety which pertained to general standards for
the redevedlopment area and derived from Ord. No. 683,
11-10-97; Ord, No. 710, § IV, 1-11-99; Ord, No. 2000-07,
§ 2,D, 5-8-00; Ord. No. 2002.13, § 2, 5-13-02; Ord, No.
2010-09, § 2, 4-26-10
fEditor's note -Ord. No. 707, 3, adopted June 12, 2000,
repealed former Div. 4, §§ 20-501-20-512, in its entirety.
Former Div. 4 pertained to the S,R. 434 Corridor Town
Center Overlay District and derived from Ord. No. 676,
adopted Sept. 8, 1987.
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further the intent of this sustainable streetscape
strategy to mitigate against the occurrence of
urban blight and deterioration, and to employ
streetscape strategies that more effectively
manage stormwater runoff and reduce carbon
footprint, improve pedestrian space, health and
safety, improve aesthetics, enhance property
values, reduce urban noise and light pollution,
and overall help create a better place and image
for present and future residents and businesses
within the city. It is not the intent of this section
to mandate the dedication or conveyance of
additional public right -of --way along said cor-
ridors from development in order to accomplish
the required streetscape treatment. This section
also does not apply to properties that were
previously developed prior to the adoption of this
article unless and until such properties seek to
redevelop.
(Ord. No. 2020-02, § 2, 4-27-20)
Sec. 20-601. Streetscape requirements.
(a) There shall be a minimum streetscape
area of twenty-seven (27) feet in depth for proper-
ties located along the State Road 434 and
Tuskawilla Road corridors.
(b) The total twenty-seven (27) feet of required
streetscape area shall consist of three component
parts which include:
(1) Five-foot landscape area;
(2) Six-foot sidewalk; and
(3) Sixteen -foot landscape and treescape area
for planting canopy trees which will line
the right-of-way and installing any
authorized street furnishings.
(c) Depending on the existing depth of avail-
able right -of --way for streetscape, the twenty-
seven (27) feet will either be entirely within the
right -of --way or entirely on the subject property
under development or a combination of both the
available right -of --way and the subject property.
For example, as illustrated in section 20-610 of
this article, there are three (3) possible required
streetscape scenarios:
(1) If there is twenty-seven (27) feet of exist-
ing right-of-way, the streetscape is
required to be located entirely within the
right-of-way.
(2) If there is no existing available right-of-
way, the streetscape is required to be
located entirely on the subject property.
(3) If there is only ten (10) feet of available
right-of-way, the streetscape is required
to be located within the ten (10) feet of
available right-of-way and within
seventeen (17) feet of the subject property,
etc.
For purposes of this subsection, the term
"available" means that the authority with jurisdic-
tion over the right -of --way has granted permis-
sion to construct, install and maintain the
streetscape required by this article.
(d) Streetscape trees required to be planted
under this article shall be canopy trees of the
size and type authorized on the city's approved
species list for streetscape canopy trees. Trees
shall be planted within the required sixteen (16)
foot landscape area between the sidewalk and
roadway with a minimum fifteen (15) foot separa-
tion between trees. Authorized street furnishing
may also be installed and maintained within the
sixteen (16) foot landscape area such as benches,
bus shelters, lighting, trash receptacles, bicycle
racks, and public signage and art.
(e) Regardless of where the required streets -
cape is located, any building constructed on the
subject property shall be required to be satisfy
the required front setback from the right-of-way
boundary. Buildings cannot be located within
the required streetscape area so in instances
when the subject development property is required
to be used for streetscape in excess of twenty-five
(25) feet, the building front setback will be
greater than twenty-five (25) feet in order to
accommodate the streetscape required by this
article.
(Ord. No. 2020-02, § 2) 4-27-20)
Sec. 20-602. Appropriate streetscape illustrations.
The following streetscape illustrations are examples of streetscapes that comply with the require-
ments of this article, and shall be used as a guide for determining compliance with this article:
Supp. No. 27
1387
§ 20-602
(Ord. No. 2020-02, § 2, 4-27-20)
Secs, 20-603-20-649. Reserved.
Supp. No. 27
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m.
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ARTICLE VIII. MOBILE FOOD
DISPENSING VEHICLES
Sec. 20-650. Mobile food dispensing
vehicles.
(a) Purpose and intent. The purpose and intent
of this section is to establish land use and zoning
regulations for real property upon which a mobile
food dispensing vehicle is authorized to operate
within the jurisdictional limits of the city. Mobile
food dispensing vehicles, except for those operat-
ing on real property authorized in this section,
are prohibited and unlawful on other real property
not so authorized. This section is neither intended
to prohibit mobile food dispensing vehicles from
operating within the entirety of the city nor
regulate the licensing, registration, permitting
and fees of mobile food dispensing vehicles
preempted by the state under F.S. § 509.102.
(b) Definitions. As used in this section, the
following words and phrases shall have the
following meanings, unless the context clearly
indicates that a difference meaning is intended:
Accessory shall mean clearly incidental or
subordinate to and customary in connection with
the principal building or use on a developed site
and which is located on the same lot or parcel
with such principal building or use.
City manager shall mean the city manager or
designee thereof.
Developed site shall mean real property upon
which a building and other permanent improve-
ments have been legally constructed and which
is currently in compliance with all land develop-
ment regulations and the City Code.
Food shall mean all substances commonly
used for human consumption as food, beverage,
confectionery or condiments, whether simple,
mixed or compound, and all substances or
ingredients used in preparation thereof.
Mobile food dispensing vehicle shall have the
same meaning as that term is defined in F.S.
§ 509.102(1) and upon the effective date of this
section means any vehicle that is a public food
service establishment and that is self-propelled
or otherwise moveable from place to place and
includes self-contained utilities, including, but
not limited to, gas, water, electricity, or liquid
waste disposal.
Public road shall mean any public right-of-
way for cars and trucks in the city.
Special event shall mean any organized,
temporary public or private celebration or gather-
ing of people which requires a city special event
permit including by way of example events relat-
ing to athletic contests, carnivals, fairs, cook -
offs, entertainment, dancing, music concert,
dramatic productions, art exhibitions, parades,
fundraisers (such as religious, charitable, patriotic
or philanthropic events), or the sale of
merchandise, food or alcohol, or any combination
of the foregoing.
(c) Authorized locations. Subject to the terms
anI conditions set forth in subsection (d), mobile
food dispensing vehicles shall be allowed to
operate within the jurisdictional limits of the
city in the following authorized areas:
Supp. No. 27 1389
(1) As a temporary accessory use on property
which is designated I41, C-3 or C-2 on the
city's official zoning map.
(2) Within a clearly delineated area on city
property or a public road which has been
specifically and temporarily set aside for
a mobile food dispensing vehicle to oper-
ate during a special event which is open
to the general public, provided the event
has been lawfully permitted by the city
and any mobile food dispensing vehicle
has been contractually arranged by the
event organizer to be part of the event.
(3) Within a clearly delineated area on public
or private school property which has
been specifically and temporarily set aside
for a mobile food dispensing vehicle to
operate during a school sponsored event
held entirely on school property which is
open to the faculty and student body,
provided the event has been lawfully
permitted by the city and any mobile
food dispensing vehicle has been
contractually arranged by the school to
be part of the event.
WINTER SPRINGS CODE
(4) Within a clearly delineated area on private c. The property owner shall
property which has been specifically and acknowledge that the property owner
temporarily set aside for a mobile food understands the regulations govern -
dispensing vehicle to operate during a ing mobile food dispensing vehicles
special event held entirely on private and will be held responsible, along
property which is private or open to the with the vehicle owner, for any code
general public, provided the event has violations; and
been lawfully permitted by the city and d. The property owner shall ensure
any mobile food dispensing vehicle has that the property will be continu-
been contractually arranged by the event ously maintained in a neat, clean,
organizer to be part of the event. However, and orderly manner, and that the
a mobile food dispensing vehicle shall not mobile food dispensing vehicle shall
be allowed to operate on any existing be limited to operating as a
single or multi -family residential use temporary accessory use on the
property unless the area being used is subject property.
common area of a residential project 7
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VVIU ai, ivasu liiby kilo) dwelling units. .��'��`"`""'r'
Additionally, a special event allowed on site. The subject property must not be
private property under this subsection vacant or unimproved.
shall be limited to no more than one (1) (3) No more than one (1) mobile food dispens-
event per calendar charterl ing vehicle shall be Ilaikecl oi' in opei°a-
tion on a single property at any given
(d) Conditions of land use and operational time, except multiple mobile food dispens-
standards. The following land use and operational ing vehicles may be allowed with express
standards shall apply to all mobile food dispens- written permission of the city during an
ing vehicles operating within the city: authorized special event.
(1) When the mobile food dispensing vehicle (4) A mobile food dispensing vehicle may
will be operating on private property, a operate at a single location up to a
notarized affidavit signed by the property maximum of four (4) days per week but
owner indicating that the vehicle has no more than three (3) consecutive days,
permission to operate and vend on the or if operation is allowed as part of a
property. The affidavit must also indicate special event permit, said vehicles may
that the property owner acknowledges operate in accordance with the duration
the following requirements: of the special event permit.
(5) Except with the express written permis-
a. The property owner shall comply sion of the city during an authorized
with all ordinances regarding solid special event, hours of operation shall be
waste disposal and must provide limited between 7:00 a.m. and 10:00 p.m.
the vehicle access to solid waste The person in charge of the mobile food
collection on the subject property; dispensing vehicle when in operation on
b. The property owner shall require the developed site must be present at all
that the vehicle meet all applicable times during hours of operation.
federal, state and local statutes, (6) When the mobile food dispensing vehicle
regulations, laws, ordinances, rules will be operating on private property, the
and codes including, but not limited vehicle must be parked when in opera -
to, applicable land use and zoning tion within an area on the property
requirements regarding the subject specifically authorized for accessory
property including site plan require- temporary outdoor sales on the property
menu; owner's master site plan previously
Supp. No. 27
1390
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approved by the city commission. If the
property owner does not have specific
site plan approval for accessory temporary
outdoor sales on the master site plan, the
property owner shall be required to obtain
supplemental site plan approval by the
city manager before the mobile food
dispensing vehicle may operate as an
accessory use on the subject property.
For purposes of obtaining supplemental
site plan approval, the property owner
shall submit a site plan or detailed sketch
depicting the proposed location of
temporary mobile food dispensing vehicle
operations; all parking spaces, entrances
and exits to and from the site; and
distances from any buildings or structures,
sidewalks, rights -of --way, fire hydrants,
fire lanes and landscaped areas, and
such other information or documentation
deemed by the city manager to be reason-
ably necessary to authorize outdoor acces-
sory temporary sales on the subject
property in a manner that is compatible
with the existing uses on the subject
property and the surrounding area and
protects the public health, safety and
welfare of the citizens of the city. The
mobile food dispensing vehicle temporary
sales area must be on a paved surface
and not exceed an area of six hundred
(600) square feet unless the city manager
determines more area is required and
the subject property clearly has ample
space to support a larger sales area. The
approved area must not adversely affect
existing uses on the subject property or
the flow of pedestrian and vehicular traf-
fic on the developed site. There must be
an adequate number of parking spaces
available for the general public visiting
the developed site. Supplemental site
plan approval granted by the city manager
under this subsection is subject to being
suspended or revoked pursuant to subsec-
tion (e) or at such time the master site
plan is revoked or modified by the city
commission.
(7) Outdoor dining areas are prohibited
including, but not limited to, tables, chairs,
Supp. No. 27
booths, bar stools, benches, and standup
counters, except if dining areas are allowed
with express written permission of the
city during an authorized special event.
(8) Mobile food dispensing vehicles selling or
dispensing of food to customers in a
moving vehicle or otherwise engaging in
drive -up sales is prohibited.
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(9) A mobile food dispensing vehicle shall
not be located on private property upon
which uncorrected code violations exist,
or which is under citation for code viola-
tions.
(10) Mobile food dispensing vehicles and all
materials associated with such vehicles
must physically be moved at least daily
and cannot remain on the subject property
outside the approved hours of operation
unless otherwise allowed by the city for
special events. Overnight parking of
mobile food dispensing vehicles is
prohibited unless located within an
enclosed garage or on property zoned for
an authorized open storage use and said
storage complies with the requirements
set forth in section 20-256 of the City
Code.
(11) Mobile food dispensing vehicles shall not
sell alcohol unless specifically approved
as part of a special event or other permit
approved by the city. The alcohol -related
restrictions of chapter 3 of the City Code
are applicable unless otherwise authorized
by the City Code, or, expressly waived by
the city.
(12) The operation of a mobile food dispensing
vehicles must not obstruct or interfere
with vehicular or pedestrian traffic, build-
ing access, fire lanes, crosswalks,
driveways, fire hydrants, loading areas,
stormwater drainage systems, or
landscape buffers associated with the
principal use.
(13) Mobile food dispensing vehicles must not
enter or park upon playgrounds, playing
fields and courts, sidewalks, footpaths or
bicycle paths.
§ 4V-nDv
WINTER SPRINGS CODE
(14) Mobile food dispensing vehicles must not
enter or park upon any "no parking"
area, loading zone, driveway, handicapped
parking space, or designated public safety
lane (e.g., fire lanes) or within twenty
(20) feet of a crosswalk or within fifteen
(15) feet of a fire hydrant or storm drain-
age structure.
(15) No additional signage shall be permitted
on the developed site related to the mobile
food dispensing vehicle except as to sig-
nage permanently affixed and displayed
on the vehicle.
(16) Amplified music or other sounds from
any mobile food dispensing vehicle or
fW)M all l 1 �m7rrm ru tui� �7_
developed site by the property owner or
person in charge of the vehicle for purposes
of vending, attracting or encouraging the
congregation of customers shall be
prohibited.
(17) Mobile food dispensing vehicles shall
maintain an appropriate number and
size of operable fire extinguishers.
(18) The operation of a mobile food dispensing
vehicles shall not create or cause nuisance
conditions to include, but not be limited
to, displaying flags or unauthorized sig-
nage, loud noises, visual glare, flashing
or animated lights, shouting or amplified
music or sound, excessive fumes or smoke,
environmental hazards, and any vehicular
or pedestrian hazard.
(19) The grounds around the mobile food
dispensing vehicle and within the vend-
ing space shall be kept free of litter,
trash, paper and waste at all times.
Waste containers shall be provided and
all trash shall be taken with the vehicle
when the vendor leaves or with the
permission of the property owner, placed
inside a commercial dumpster in use and
located on the developed site.
(20) Mobile food dispensing vehicles must not
discharge waste, fat, oil, grease or such
other similar substances from the vehicle.
All such substances related to or gener-
Supp. No. 27 1392
ated from the vehicle shall be taken with
the vehicle when vehicle leaves the subject
property.
(21) Mobile food dispensing vehicles must
comply, as applicable, with the standards
specified by Chapter 5K-4.002, Florida
Administrative Code, and the U.S. Food
and Drug Administrative 2001 Food Code,
as such codes may be amended from time
to time. It is also prohibited and unlaw-
ful for a mobile food dispensing vehicle to
fail to comply with all state and city
traffic and parking, and stopping and
standing laws, codes, ordinances, rules
and regulations.
(22) A copy of the appropriate license(s) issued
ti°c�. tl:� stai,e uepari,rrrent of business
and professional regulation (division of
hotels and restaurants) shall be
maintained on the mobile food dispens-
ing vehicle at all times when the vehicle
is in operation on real property located
within the city, and shall be made avail-
able for inspection upon request by the
city's law or code enforcement officers.
(e) Penalties.
(1) Owners and operators of mobile food
dispensing vehicles, and property owners
on which such vehicles operate, shall be
joint and severally liable for any viola-
tions of this section. The penalty provi-
sions set forth in section 145 of the City
Code shall apply to violations of this
section.
(2) In addition to the penalties authorized
by subsection (1), the city Manager may
also suspend or revoke the property
owner's site plan approval for accessory
temporary outdoor sales and/or special
event permit, as may be applicable, upon
a finding that a mobile food dispensing
vehicle was operating on the subject
property in violation of this section. Prior
to suspending or revoking the applicable
site plan approval and/or special event
permit, the city manager shall:
a. Afford the property owner notice of
the violation(s) and a reasonable,
informal opportunity to be heard
regarding the violation(s);
ZONING § 20-650
b. Consider the property owner's past
record of compliance with this sec-
tion and related laws; and
c. Consider the degree of risk to public
health, safety, and welfare arising
from the alleged violation(s) in
evidence.
(3) The city manager's decision under subsec-
tion (2) shall be rendered in writing and
shall be deemed final.
(4) Any site plan approval or special event
permit suspended or revoked pursuant to
this subsection shall immediately be void
and of no further use and effect to any
person. If revoked, the property owner
shall be prohibited from seeking
subsequent site plan approval for acces-
sory temporary outdoor sales or a special
event permit for the subject property for
a period of one (1) year from the date of
the revocation.
(5) The operation of a mobile food dispens-
ing vehicle without a valid site plan
approval for accessory temporary outdoor
sales or special event permit (including if
operated during a period of license suspen-
sions or revocation) shall subject the
owner of the property and the owner of
the vehicle and operator thereof to code
enforcement action, civil action, or action
as otherwise allowed by state law or the
City Code.
(Ord. No. 2020-04, § 2, 8-10-20)
[The next page is 2091]
Supp. No. 27 1393
CODE COMPARATIVE TABLE
Ordinance Section
Number Date Section this Code
2014-34 12- 8-14 2 20-461
20-463-20-465
Rpld 20-466
20-467, 20-468
Rpld 20-469
20-471-20474
Rpld 20480-20485,
20-487-20-490
2015-07 1-26-15 2 7-27
2015-12 4-27-15 2 2-43
3 2-45
2015-15 1-2545 2 20-234,
20-254,
20-463
2015-19 9-14-15 2 Added 20-37
2015-20 10-26-15 1 9-10
2015-21 10-12-15 2 2-61.5
2015-22 10-26-15 2(Exh. A) Rpld 2-56-2.65
3 Added 2-56-2-65.2
4 2-69.1
5 5-5(c)(6)
6 5-18(a)
7 6-277-6-280
8 6-300(e)
9 9-376
10 12-53(e)
11 12-77
12 13-4
13 13-39(b), (c)
14 13-41(b)(2)
15 17424(b)
16 19-30
17 19-175
18 20-438
2016-05 2-2246 2 20-17 20-452
2016-07 4-11-16 2(Exh.A) 20-323
2016-01 7-25-16 2 Added 12-100
3 Rpld 12-54
2016-03 7-25-16 2 54(a)
3 5-8(b)
4 5-9
2016-09 10-1046 Added 2-27-2-31
2016-10 12-12-16 2 9-386,
9-386.1,
9-386.2(a), (b), (e),
9-386.4,
9-386.7,
9-386.8,
9-386.10(1),
9-386,111
9-386.13,
9-386.14(5)
Rpld 9-386.16(b)
Rnbd (c) as (b)
9-386.18,
9-386.19,
Added 9-386.21(h)
Supp. No. 27 2105
WINTER SPRINGS CODE
Ordinance Section
Number Date Section this Code
2017-08 8-14-17 2 Added 19-310-19-323
3 2-69.4
2017-11 8-14-17 2 20-252
3 20-256
201742 740-17 2 2-83
201746 9-25-17 2 9-391.5(c)(1)—(4)
2018-01 342-18 2 204
Added 20-425
2018-06 10- 8-18 2 2-151
2018-08 1-14-19 2 2-27(k)
2019-01 1-28-19 2 2-27(b), (m)(2)
2019-07 5-13-19 2 13-27
3 Added 13-31(k)
13-32
2019-08 5-13-19 2 Added 6-88
3 6-31
2019-09 6-10-19 2 20-26
20-27
20-28(b)—(e)
Added 20-28.1, 20-28.2
20-29
Added 20-29.1
20-30
20-31(d)
20-32(a), (d), (e)
20-33(d)
Added 20-33.1
20-34(a), (d)
20-35
20-37(b), (c)
Added 20-37(f)
20-320(c)(1), (c)(7)
20-321
20-324(9)
20-327.1
20-417
20-422
20-436(d)
Rpld 9-341-9-349
9-386 A
9-501
3(Exh. A) 20-323
2020-02 4-27-20 2 Added 20-600-20-610
3 20-324(12)
20-325
4 20-464
20-465
Added 20-466
2020-03 7-13-20 2 5-1-5-8
5-9(a), (b), (e)
5-10
Added 5-11
5-12(b)
5-14(c)
5-16(b)
5-17(b), (c)
5-18(b)
Supp. No. 27 2106
CODE COMPARATIVE TABLE
Ordinance Section
Number Date Section this Code
Added 5-18(c)(8)
Ch. 5, App. B
Ch. 5, App. C
3(1) Rpld Ch. 20, Art, VI,
Tabs. 1, 2
3(2) Rpld 11-4
2020-04 8-10-20 2 Added 2-650
[The next page is 2145]
Supp. No. 27 2107
STATE LAW "VIA! 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. Section
Article Section this Code
VIII 2 10-875 18-153
X 29 20-1
F1. Adm. Code Section FS. Section
Chapter this Code Section this Code
17-50 19-92(c) 162.21(3)(b) 19-323
19-95(b) 162.22 340, 10-57
19-95(c) Ch. 163 9-391, 10-52
19-129 20-26
17-555,360 Ch. 19, Art, IV, Ch. 163, Pt, II 9-386.1
Div. 2 9-500
62-340 19-315
20-28(a)
1630045 5-4.5
F.S. Section 163,3161 et seq. 9-386.1
Section this Code 163.3164 2-30
20-232(a)(64) 163,3171 et seq. Ch. 15
20.30 163.3180 9-546, 9-547
34.191 11-1 9-550, 9-551
Ch. 50 2-61 163,31801 9-386.1
50.041 2-61 163.3181(3) 20-102(f)
50.051 2-61 163.3202 9-391
60.05 13-74 163.3209 5-4.5
Ch, 97, Ch. 98 2-89 163,3215 20-35
99.093 2-88 163,3220-16314243 20-336
100.201 et seq. 2-94 Ch. 166 Ch. 2
100.361 2-26(b) 9-386.1
Ch. 101 2-93 20-26
101.62-101.70 2-92 20-28(a)
101.657 2-96 166.021 10-87
112,3143 2-30 18-153
Ch. 140 18-26 166,032 2-89
Ch, 102 2-85 1660033 2-30
2-93 1660041 1-11
119.07 18-29 10-52
Ch. 162 Ch. 2, Art. III, Div. 20-102(f)
2 18-153
2-561 6-32 20404
19-174 16600415 19-255
Ch.162, Pt. I 2-56, 2-62 166.201 et seq. Ch. 2, Art. VI
162.04 13-39 Ch. 18
162.05 2-57 166,221 Ch. 10
162.05(3) 2-58 1660231 18-29, 18-30
162.06(2), 162.06(3) 2-59 166.231 et seq. Ch. 18, Art. II
162.07 2-60 16600425 Ch, 16, Art. III
3-3 16603161 20-104
162.21 19-255 170.01 et seq. Ch. 17
Supp. No. 27 2145
WINTER SPRINGS CODE
F.S. Section
Section this Code
Ch. 171 Ch. 2, Art. V
Ch. 177 Ch. 9
9-2, 9-9
Ch. 180 et seq. Ch. 17
189.4042 18-121
197.3632 18-151
197,3635 18-151
200.065 Ch. 2, Art. VI
Ch. 202 18-28
202.11 18-26
202.20 18-31
203,012 18-26
Ch. 205 Ch. 10
Ch, 10, Art. II
205.043(c) 10-30
205,053 10-32
Mo053(1) 10-29
206.9925 17403
Ch, 212 18-27
Ch, 218 Ch. 2, Art. Vol
286.0114 2-28
286.0115 2-30
286,012 2-30
315,1956 12-65
Ch. 316 Ch, 12
12-2
13-26
17-102
20-431(1)a.
316.003 12-82
316.061
316.008(1)(e)
316.0083
316.0745
316.193
316.1945(b)(2)
316.1955 et seq.
316.2055
316.2065
316.2126
316.293
316.640
316.646(4)
Ch, 318
318.14
Ch. 320
320.01(1)
Ch. 322
322.03
322.34
12-100
20-438
17-102
12-84, 12-87
12-88
12-89
12-100
7-4
20-467, 20-483
20-504
Ch. 16, Art. II
13-62
6-87
13-44
12-86
12-100
12-2
12-87
12-2
12-100
12-2
12-100
12-100
Supp. No. 27 2146
F.S.
Section
Ch.
324
337A01
376.031
Ch.
380.06
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
509.102
509.102(1)
533.73
538.01 et seq.
Ch. 553
553.06
553.19
553.73
553.955 et seq.
Chs. 561-565
561.01
561.01 et seq.
561.14
561.20(7)(a)
562.45(2)
570.02
585.001
585.01
Ch. 633
633.521
Ch. 650
650.02
705.101 et seq.
775,082,775.083
Section
this Code
12-100
18-31
17-103
9-403
204
12-100
13-36
Ch. 16,
Art. II
19-323
19-312
17-107
13-72,
20-259
20-421,
20-452
13-721
20-259
20-421,
20-452
Cb. 16, Art. TTT
10-55
19-312
6-32
6-270, 6-272,
6-271) 6..275,
6-279
6-270, 6-272
20-1
20-650
20-650
6-31, 6-32
Ch. 10, Art. Vol
Ch. 6
Ch. 6, Art. III
Ch. 6, Art. V
Ch. 6, Art. IV
Ch. 6, Art. V
6-81
6-6
10-73
17-108
Ch, 3
3-3
3-3
Ch. 10, Art. III, Div. 2
19-312
17-107
17407
Ch, 7, 7-46
7-50
7-54
Ch. 14, Art. II
14-26(a)
14-26(a)
2-1
2-69.5(e), 11-1
12-88
F.S.
Section
784.011
784,021
784.03
784,045
7904001
790.33
791.01
Ch, 794
Ch. 796
796.07
Ch. 800
800.03
806,101
806.13
810.02
810.09
8124131
812,014
812.019
817,32, 817.33
823,041
823.14
Ch, 826
Ch. 827
Ch. 828
843.01
Ch. 847
847.13
847.0133
Ch. 849
849.04
849.07
849.16
849,231
856,015
865.09
865.09
874.03
Ch. 893
893.02
893.03
893.13
893,138
Ch. 893
893.138
Ch. 895
9434085-9434255
943.25(13)
Supp. No. 27
STATE LAW REFERENCE TABLE
Section
this Code
13-74
13-74
13-74
17-124, 13-74
17-105
17-105
17-105
10-55, 10-73
10-52, 10-55, 10-73
13-72, 13-74
12400
10-551 10-73
12-100
7-3
12-100
13-74
17-109
13-74
13-74
13-74
Ch. 10, Art. IV
17407
19-320
10-55, 10-73
10-73
Ch. 4
17-124
10-55, 10-73
10-55
10-55
10-115,17-108
Ch. 10, Art. IV
Ch. 10, Art. IV
10415
17-108
17-108
10-68
10-61
13-72, 13-74
10-73
12-100
17-124
13-74
13-72, 13-74
13-72
13-70
10-73
2-68
2147
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
[The next page is 2197]
Supp. No. 27 2148
CODE INDEX
Section Section
BICYCLES (Cont'd.) BUILDINGS (Cont'd.)
Purpose and duties. 2-44 Building official
Authority to stop work if contrary to
BIDS, BIDDING. See: FINANCES public welfare. I It* 4114 0 416 01116 4 6-5
BILLBOARDS. See: SIGNS AND ADVERTIS- Citations; unlicensed contractors; failure
ING to obtain a building permit
Administrative hearings; accrual of
BLASTING AGENTS, See: EXPLOSIVES penalties ....................... 6-278
AND BLASTING AGENTS Appeals of code enforcement board or
special magistrate decisions . . . . . 6-279
BOARDS, COMMITTEES AND COMMIS- Citation authorized for construction
SIONS. See: DEPARTMENTS AND contracting violations ........... 6-272
OTHER AGENCIES OF CITY Citation form ........................ 6-273
BOATS Correction of violation; payment of
Noise disturbances prohibited penalty; notice of hearing........ 6-277
Specific provisions Findings. 1 0 0 a a 0 4 1 1 a 1 4 1 a 0 1 0 1 1 1 4 6-271
Motorboats. 4 0 1 4 4 0 1 0 0 0 1 6 4 0 1 1 0 0 1 1 1 0 1 13-31(i) Intent and purpose................... 6-270
Vehicle and boat repairs ........... 13-31(e) Notices .............................. 6-281
Penalty .............................. 6-274
BOND ISSUES Recording code enforcement board or
Certain ordinances not affected by Code . 1-7(2) special magistrate orders........ 6-280
BONDS, SURETY OR PERFORMANCE Refusal to sign citation ............... 6-275
City -owned property supervision and Stop work ........................... 6-276
control, bond for custodian re . . . . . . 2-193 City parks and recreational areas
Land development bonding procedure.... 9-76 Injuring, interfering with, etc., build -
Street excavations, bond requirement.... 17-77 ings and other property .. ... . .. . 17-114
Code enforcement ...................... 2-56 et seq.
BOOKSTORES See: CODE ENFORCEMENT
Adult entertainment establishments. 10-55 et seq. Codes
See: ADULT ENTERTAINMENT Energy efficiency code adopted........ 6-6
ESTABLISHMENTS, SEXUALLY Florida building code. See herein that
ORIENTED BUSINESSES subject
BOTTLE CLUBS Compliance with provisions ............. 6-2
Prohibited, 3-5
Construction sign, ...................... 16-59
Construction site management .......... 6-88
BOTTLES Construction management plan. 6-88(1)
Prohibitions, 13-2 Contractor/owner responsibility .... , .. 6-88(3)
Erosion and run-off control ........... 6-88(7)
BUDGET. See: FINANCES Final site clean-up; repair damage to
BUILDINGS public property . . . . . . . . . . . . . . ... 6-88(4)
Accessory buildings. 6-84 Requirements during weather
Accessory dwelling units ................ 6-85 emergency. 6-88(5)
Administration Applicability ...................... 6-88(5)a
Florida building code Dumpsters ........................ 6-88(5)e
Administrative amendments to Inspection. 1 11 0 4 1 1* 4 0 1 1 0 0 4 0 a 0 9 1 1 4 0 0 6-88(5)c
Chapter 1 .................... 6-31 Material capable of becoming airborne 6-88(5)h
Administrative amendments to Materials stockpiled on -site ........ 6-88(5)d
Chapter 2.................... 6-32 Notice ............................ 6-88(5)b
Adoption of appendices ............ 6-34 Roofing materials —Hurricane season 6-88(5)g
Local wind speed design criteria ...... 6-33 Temporary construction fence ...... 6-88(5)i
Annual fire rescue assessments . .. .. . . .. 18-151 et seq. Temporary toilets. 1 14 0 0 0 1 6 4 1 6-88(5)£
See: FIRE RESCUE ASSESSMENT Temporary toilet facilities for workers. 6-88(2)
Automatic fire sprinkler systems Violations; enforcement,. 4 6-88(8)
Florida Fire Prevention Code, local Contractors
amendment to . . . . . . . . . . . . . . . . . . 7-60 Unlicensed contractors. See herein: Cita-
Building erected or altered in violation of tions; Unlicensed Contractors;
provisions, use of .................. 6-3 Failure to Obtain a Building Permit
Building inspector Declaration of a state of emergency...... 2-255
Swimming pool inspection ............ 6-213 Suspension of local regulations ....... 2-264
Supp. No. 27 3113
BUILDINGS (Cont'd.)
Electrical, plumbing, mechanical and gas
work..............................
Energy efficiency code adopted ......... .
Fences, walls and hedges, . 4 6 1 0 0 4 1 0 4 0 0 1 .
See: FENCES, WALLS, HEDGES AND
ENCLOSURES
Flood damage prevention .............. .
See: FLOOD DAMAGE PREVENTION
Florida Building Code
Administration. See herein that subject
Adopted .............................
Electrical, plumbing, mechanical and
gas work .......................
Inspections. See herein: Permits and
Inspections
International Property Maintenance Code
Adopted.............................
Preemption; Florida Building Code;
Florida Fire and Life Safety Code
Supplemental; minimum standards .. .
Land development,
See: LAND DEVELOPMENT
Noise disturbances prohibited
Specific provisions
Construction ......................
Power tool equipment and power
ground maintenance equipment
Occupant
Definitions and rules of construction . .
Outdoor display/billboard ...............
See: SIGNS AND ADVERTISING
Owner
Definitions and rules of construction . .
Keeping surrounding property clean,
responsibility re .............:. .
Permits and inspections
Failure to obtain building permit. See
herein: Citations; Unlicensed
Contractors; Failure to Obtain a
Building Permit
Signs; building permit required ...... .
Purpose ................................
Restricted hours of building construction
or installation or construction of
subdivision improvements......... .
Screen enclosures/rooms ............... .
Storage
Temporary structures ................
Swimming pools ........................
See: SWIMMING POOLS
Television dish antennas ................
Uniform building numbering system
Administration and assignment of
number, I t 4 6 1 1 1 1 1 1 0 * 6 1 1 0 1
Code enforcement special magistrate
authority .......................
Definitions ...................... . . . .
Establishment of system, . .
Posting of numbers, . .
Supp. No. 27
WINTER SPRINGS CODE
Section
Section
BUILDINGS (Cont'd.)
Purpose............................. 9-371
6401 Urban beautification, ................... 2-76 et seq.
6-6 See: URBAN BEAUTIFICATION
6-186 et seq. Violations, penalty,,,,,,,,,,, 6-4
Zoning regulations, ..................... 20-1 et seq.
See: ZONING
8-1 et seq.
BURNING
Open-air burning regulated ............. 7-26
BUSES, See: MOTOR VEHICLES AND
6-81 TRAFFIC
6-101
C
CABARETS
Adult entertainment establishments ..... 10-55 et seq.
6-300 See: ADULT ENTERTAINMENT
ESTABLISHMENTS, SEXUALLY
6-302 ORIENTED RTTSTNF_Cgrc
6-301
9-2 et seq. CAMPAIGNS. See: ELECTIONS
CANALS
Prohibitions ............................ 13-2
13-31(d) CANDIDATES. See: ELECTIONS
13-31(k) CANVASSERS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
1-2 CARPORT SALES
16-77 et seq. At-home sales .......................... 10-137
CATS
1-2 Animal regulations generally............ 4-1 et seq.
See: ANIMALS AND FOWL
13-3
CERTIFICATES, CERTIFICATION
Sewerage revenue generation system
Accountant certification of adequate
maintenance, ................... 19-129
CHURCHES
16-53 Adult entertainment establishments
6-1 Prohibited locations .................. 10-101
Alcoholic beverage sales prohibited near . 3-2
Sexually oriented businesses
11-6 Prohibited locations .................. 10-101
6-86
CITY
6-87 Definitions and rules of construction..... 1-2
6-210 et seq. Trees; care and maintenance ............ 5-11
Use of city athletic facilities; fees ........ 2-2
6-83 CITY CLERK
Election
Additional duties re .................. 2-95
9-373 Supervisor, city clerk as .............. 2-81
9-376 CITY COMMISSION
9-370 Additional rules of conduct. 2-29
9-372 Addressing the mayor and city commis-
9-374 sion ............................... 2-28
3114
CITY COMMISSION (Cont'd.)
Annual fire rescue assessments ........ .
See: FIRE RESCUE ASSESSMENT
Definitions and rules of construction.... .
Land development
Division of land; city commission
approval required ...............
Quasi-judicial rules and procedures..... .
Recall of elected officials ............... .
Rules and procedures ...................
Savings clause; waiver of rules and
procedures ........................
Zoning action; city commission authority.
CITY MANAGER
Annual fire rescue assessments ........ .
See: FIRE RESCUE ASSESSMENT
City -owned property, responsibilities re . .
CODE ENFORCEMENT
Additional enforcement powers ......... .
Administrative fines; costs of repairs; and
filing of liens ..................... .
Citations
Code enforcement officers
Authority .........................
Designation, qualifications, training
Contents ............................
Definitions ..........................
Delivery of warning notices, citations. .
Disposition of citations, civil penalties.
Intent...............................
Procedure ...........................
Procedures to pay, contest citations .. .
Provisions supplemental ............. .
Violation classification; civil penalty.. .
Violations, schedule of. 4 . q 1 0 4 0 1 & 0 0 1 a
Code enforcement board and special
magistrate
Appeal..............................
Building numbering system, authority
re..............................
Generally. .
Powers..............................
Wastewater system, enforcement board
Definitions .............................
Duration of lien ....................... .
Enforcement procedures ................
Intent..................................
Provisions are supplemental ............
Scheduling and conduct of hearing...... .
Service of notice ........................
CODE INDEX
Section Section
CODE OF ORDINANCES (Cont'd.)
18-151 et seq. Additions and amendments deemed
incorporated in Code. . 4 1 a 0 0 4 * q 6 4 & 0 . 1-10
1-2 Altering Code .......................... 1-14
Amendments to Code; affect of new
ordinances; amendatory language .. 1-11
9-2 Catchlines of sections. .................. 1-3
2-30 Certain ordinances not affected by Code . 1-7
2-26 Definitions ............................. 1-2
2-27 General penalty; continuing violation; viola-
tion as public nuisance. 1-15
2-31 History notes. .......................... 1-5
20-27 How Code designated and cited.......... 1-1
Prior offenses, rights, etc., Code does not
affect ............................. 1-9
18-151 et seq. References and editor's notes............ 1-6
References to chapters or sections ....... 1-4
2-192 Repeal of ordinances, affect of ........... 1-8
Severability of parts of Code ............ 1-13
2-65.2 Supplementation of Code. . a 1-12
COMMITTEES AND COMMISSIONS. See:
2-63 DEPARTMENTS AND OTHER AGEN-
CIES OF CITY
CODE ENFORCEMENT BOARD. See: CODE
ENFORCEMENT
CODE OF ORDINANCES*
2-69 COMPUTATION OF TIME
2-68 Definitions and rules of construction..... 1-2
2-69.6 CONTRACTS AND AGREEMENTS
2-67 Certain ordinances not affected by Code . 1-7(1), (3)
2-69.2 Code does not affect prior contracts, etc.. 1-9
2-69.7 Fire and emergency medical services
2-66 Inclusion in Seminole County's fire and
2-69.1 emergency services MSTU ....... 7-1
2-69.5 Old age and survivors' insurance, execu-
2-69.8 tion of agreement. . q 1 14-27
2-69.3 Supplementation of Code. . q 1 040041, 1-12
2-69A
COUNTY
Definitions and rules of construction..... 1-2
2-65 COURTS
Court costs
9-376 Assessment and collection of; use ..... 11-2
2-58
2-59 CURFEW
19-30 Declaration of a state of emergency...... 2-255
2-57
2-64 D
2-60
2-56 DANCE HALLS
2-65.1 Permit required; conduct................ 10-111
2-62 DEPARTMENTS AND OTHER AGENCIES
2-61 OF CITY
Boards, committees, commissions gener-
ally
Appointments of boards and commit-
tees1........................... 2-41
mat-, reface
*Note —The adoption, amendment, repeal, omissions, effec-
tive date, explanation of numbering system and other ters pertaining to the use, construction and interpretation of
Supp. No. 27 3115
this Code are contained in the adopting ordinance and
which are to be found in the preliminary pages of this
volume.
DEPARTMENTS AND OTHER AGENCIES
OF CITY (Cont'd.)
Bicycle and pedestrian advisory commit-
tee
Creation; composition; appointment
of members ................. .
Purpose and duties ................
Parks and recreation advisory commit-
tee
Creation; composition; appointment
of members ................. .
Purpose and duties ............... .
Time of meeting adjournment........ .
City arbor division,
City commission, .
Code enforcement board ............... .
See: CODE ENFORCEMENT
Definitions and rules of construction.... .
Election board,....,,,,
Fire and emergency medical services
Inclusion in Seminole County's lire and
emergency services MSTU ...... .
Officers' and employees' pension plan, board
of trustees re ......................
Planning and zoning board.
See: ZONING
Public nuisance abatement board....... .
See: PUBLIC NUISANCE ABATE-
MENT BOARD
Public service tax; exempted entities.... .
Traffic violations bureau ................
DEVELOPMENT. See: PLANNING AND
DEVELOPMENT; See also: LAND
DEVELOPMENT
DISH ANTENNAS
Television dish antennas ............... .
DISORDERLY CONDUCT
Dance halls, disorderly conduct in ...... .
WINTER SPRINGS CODE
Section
ELECTIONS
Absentee voting ........................
Applicability of Code to election where
2-43 questions are submitted........... .
2-44 Candidates, qualification of ............ .
Canvass of return ..................... .
Certain ordinances not affected by Code .
City clerk, additional duties of ......... .
2-45 Determination of person elected ........ .
2-46 Early voting exemption ................ .
2-42 Election board, 6 1 0 4 0 6 1 1
5-5 Election supervisor .....................
2-26 Electronic filing of campaign finance reports
2-58 et seq. required ..........................
Municipal elections to be general elections
1-2 Nonpartisanship required ............. 0 .
2-85 Proclamation,
Qualifying fees .........................
Recall of elected official ................ .
7-1 Registration of voter ....................
Vacancy in office, 1 0 6 0
14-52 Voting machines, .
20-51 et seq. Voting places . ELECTRICITY
..........................
13-70 et seq. Buildings
Florida building code
Electrical, plumbing, mechanical and
18-gas work .....................
12-28 Flood damage control .,,,,,,,...........
Municipal public service tax ............ .
See: TAXATION
ELECTRONIC DEVICES
Noise disturbances prohibited
6-83 Specific provisions .................. .
DISTRICTS
Zoning dish•icts......................... 20-101 et seq.
See: ZONING
DOGS
Animal regulations
See: ANIMALS AND FOWL
DRAINS, DRAINAGE
Land development
Drainage ditch fence required; when .. 9-106
Drainage facilities ................... 9-242
Open drainage ditches; storm sewers .. 9-105
Storm water management ............ 9-241
DRUMS
Noise provisions ........................ 13-30
DUMPSTERS
Definitions ............................. 9-280
Minimum screening requirements ....... 9-281
Supp. No. 27 3116
EMERGENCIES
Noise
Emergency exception, . 610 4 *1 11 0 4 1 1 1 4 6
EMERGENCY MANAGEMENT
Applicability of provisions .............. .
Certification of emergency conditions ... .
Declaration of a state of emergency..... .
Definitions .............................
Fire emergencies .......................
Intent..................................
Police emergencies, .
Powers, duties, responsibilities ......... .
Structure, emergency management ..... .
Suspension of local building regulations .
Termination of state of emergency ...... .
Weather emergencies .................. .
EMPLOYEES. See: OFFICERS AND
EMPLOYEES
ENCLOSURES. See: FENCES, WALLS,
HEDGES AND ENCLOSURES
Section
2-94
2-87
2-93
1-7(16)
2-95
2-84
2-96
2-85
2-8
2-97
2-83
2-86
2-82
2-88
2-26
2-89
2-87.1
2-91
2-90
6-101
8-2
18-26 et seq.
13-31(a)
2-252
2-265
2-255
2-251
2-263
2-250
2-262
2-254
2-253
2-264
2-256
2-261
CODE INDEX
Section Section
ENERGY FERTILIZERS, PROPER USE OF (Cont'd.)
Building energy efficiency code. 6-6 Licensing of commercial fertilizer applica-
tors ............................... 19-322
ENTERTAINMENT. See: AMUSEMENTS Low maintenance zones ................. 19-316
AND AMUSEMENT PLACES Management of grass clippings and vegeta-
ESCORTS AND ESCORT SERVICES tive matter ........................ 19-319
Escort service generally 10-81 Purpose and intent ..................... 19-311
g y ' ' � � Timing of fertilizer application .......... 19-314
Special provisions relating to............ 10 90 19-321
Training ...............................
EVACUATION
Declaration of a state of emergency...... 2-255 FINANCES
Annual fire rescue assessments ......... 18-151 et seq.
EXCAVATIONS See: FIRE RESCUE ASSESSMENT
Street excavations ...................... 17-76 et seq. Bids, bidding
See: STREETS AND SIDEWALKS When written bids required; waiver;
EXPENDITURES small purchases.. to to to 04 1 1 4 4 0 1 & 2-152
Budget
Sewerage revenue generation system, Certain ordinances not affected by Code 1-7(7)
expenditures re. . * 1 0 4 to 6 0 o q & I I % I 1 0 4 19-128 Elections
EXPLOSIVES AND BLASTING AGENTS Electronic filing of campaign finance
Declaration of a state of emergency...... 2-255 reports required ................ 2-97
Noise disturbances prohibited Emergency procurement re state of
Specific provisions ................... 13-31(g) emergency .......................1 2-255
Regulation of explosives. 7-27 Fee
Certain ordinances not affected by Code 1-7(17)
F Old age and survivors' insurance contribu-
tion. . 0 * q 1 6 6 0 o q 1 0 0 0 1 1 0 0 o 0 1 a 0 4 9 a 0 0 4 * 14-28
FALSE ALARMS Payment of money
Service fee ............................. 13-59 Certain ordinances not affected by Code 1-7(2)5 (17)
Waiver of fee ........................... 13-60 Purchasing
Warning notice ......................... 13-58 Purchasing policy and procedure
established ..................... 2-151
FENCES, WALLS, HEDGES AND When written bids required; waiver;
ENCLOSURES small purchases. . 1 0 0 0 o 1 0 4 0 q 1 4 a * 1 2-152
Barbed wire permissible, when .......... 6-189 Stormwater management utility fund.... 19-167
Building numbers to be affixed to walls,
fences, etc. to 4 o 1 0 4 V 1 1 4 6 1 1 4 0 V I # 0 4 1 4 0 9-374 FINES, FORFEITURES AND OTHER
Construction material .................. 6-187 PENALTIES
Corner lots ............................. 6-191 Certain ordinances not affected by Code . 1-7(1)
Drainage ditch fence required, when. . 9-106 Code does not affect prior forfeitures, penal -
Exceptions to provisions ................ 6488 ties, etc............................ 1-9
Height limitations generally 1 ........... 6-190 Code enforcement citations. . & to o I 1 0 a 0 0 q 1 2-69.1 et seq.
Maintenance of fences or walls .......... 6-195 Code violations
Permit required ........................ 6-186 General penalty; continuing violation;
Property line, distance from ............. 6-193 violations as public nuisances.... 1-15
Provisions not controlling; exception ..... 6-194 Penalties for specific acts, omissions, etc.
Urban beautification* I 1 6 0 o 1 6 * 4 1 6 0 V I 1 0 2-76 et seq. See specific subjects as indexed
See: URBAN BEAUTIFICATION Repeal of ordinances, effect of ........... 1-8
Utility easements. . 6 4 0 q 1 6-192
FIRE AND EMERGENCY MEDICAL
FERTILIZERS, PROPER USE OF SERVICES
Applicability ........................... 19-313 Inclusion in Seminole County's fire and
Application practices .................... 19-318 emergency services MSTU ......... 7-1
Definitions'' . to to 0 *1 0 0 1 1 4 0 q a 0 1 1 4 0 4 1 6 0 19-312
Enforcement, penalties, and legal proceed- FIRE HYDRANTS. See: FIRE PREVEN-
ings ............................... 19-323 TION AND PROTECTION
Exemptions ............................ 19-320
Fertilizer content and application rates .. 19-317 FIRE PREVENTION AND PROTECTION
Fertilizer free zones .................... 19-315 Annual fire rescue assessments ......... 18-151 et seq.
Findings ............................... 19-310 See: FIRE RESCUE ASSESSMENT
Supp. No. 27 3117
FIRE PREVENTION
(Cont'd. )
Buildings
AND PROTECTION
International Property Maintenance
Code
Preemption; Florida Building Code;
Florida Fire and Life Safety
Code, . s 0 0 0 11 0 4 1 & $ 0 0 0 &It 4 0
City parks and recreational areas
Fires................................
Explosives, regulation of ................
False alarms prohibited.
Fire alarm systems .....................
See: ALARMS, ALARM SYSTEMS
Fire and emergency medical services
Inclusion in Seminole County's fire and
emergency services MSTU ...... .
Fire hydrants
Approval and acceptance by city ..... .
Installation specifications ........... .
Land development
Required prior to building on lots.. .
Obstruction of hydrants ............. .
On site static water supplies......... .
Parking near prohibited ............. .
Pequired ............................
Responsibility for provision and
maintenance,...,,,,,,,,,,,,,,,,
Florida Fire Prevention Code, local amend-
ment to
Appeal..............................
Automatic fire sprinkler systems..... .
Impact fee credits ................... .
Procedure for ........................
Hydrants. See herein: Fire Hydrants
Open-air burning regulated .............
FIRE RESCUE ASSESSMENT
Annual fire rescue assessments
Adoption of annual rate resolution ... .
Adoption of final assessment resolution
Authorization for exemptions and hard-
ship assistance, 0 1 1 1 1 0 1 1 1 1 * I I 1 4 4 1
Correction of errors and omissions ... .
Effect of final assessment resolution . .
General authority ....................
Initial assessment roll, 14 .
Initial proceedings ...................
Interim assessments ................ .
Lien of fire rescue assessments ...... .
Notice by mail ...................... .
Notice by publication, 1 0 0 1 1 4 0 1 11 14 .
Procedural irregularities .............
Revisions to fire rescue assessments . .
Collection and use of fire rescue assess-
ments
Alternative method of collection...... .
Government property ................
Method of collection ................. .
Definitions .............................
WINTER SPRINGS CODE
n Sectio
FIRE RESCUE ASSESSMENT Wont us)
General findings, . i I 1 0 0 1 1 9 0 0 1 1 0 4 & 1 0 4 4 1 4 0
General provisions
Alternative method ................. .
Applicability, .
Interpretation ..........................
Legislative determinations of special benefit
6-302
FIREARMS AND WEAPONS
17-110 Declaration of a state of emergency..... .
7-27 Noise disturbances prohibited
7-28 Specific provisions .................. .
13-51 et seq. FIREWORKS
City parks and recreational areas
Fireworks; destructive devices; weapons;
other potentially dangerous uses.
7-1 Regulation of explosives. 1 0 4 6 V I M i 1 0 & a I I * 6
7-80
7-78
7-50
7-60
7-54
7-46
7-26
18-178
18-176
18-184
18-182
18-177
18-171
18-173
18-172
18-183
18-179
18-175
18-174
18-181
18-180
Supp. No. 27 3118
FLOOD DAMAGE PREVENTIO
N
Abrogation and greater restrictions......
Definitions .............................
Development permit ................... .
Floodplain administrator
Designation of .......................
Duties and responsibility of.......... .
Concralstandards ......................
Interpretation ..........................
Lands to which provisions apply.
N....... .
oncompliance, penalties for ........... .
Reducing flood losses, method of........ .
Regulatory floodways, standards for .... .
Shallow flooding (AO zones), standards
for areas of, . 1 0 0 4 0 14 0 1 i's 4114 6 1
Small streams, standards for............
Special flood hazard
Basis for establishing areas of ....... .
Designations, warning regarding area
of..............................
Specific standards ......................
Statement of purpose and objectives .... .
Variance procedure .....................
Violations, penalties ................... .
Warning regarding area of special flood
hazard designation ................
FLORIDA. See: STATE
FLORIDA STATUTES. See: ES.
FOLLOWING, PRECEDING
Definitions and rules of construction.... .
FOOD AND FOOD ESTABLISHMENTS
Mobile food dispensing vehicles..........
FORFEITURE. See: FINES, FORFEITURES
AND OTHER PENALTIES
FOWL, See: ANIMALS AND FOWL
FRANCHISES
Certain ordinances not affected by Code .
Tax in addition to franchise taxes ...... .
Section
18-153
18-212
18- U l
18-152
18-154
2-255
13-31(g)
17-105
7-27
1-2
20-650
CODE INDEX
Section Section
F.S. H
Definitions and rules of construction..... 1-2 HANDBILLS
G Signs and advertising regulations gener-
ally ............................... 16-26 et seq.
GAMBLING See: SIGNS AND ADVERTISING
City parks and recreational areas HEALTH AND SANITATION
Alcoholic beverages/tobacco products; Noise
gambling ....................... 17-108 Immediate threat to health and welfare 13-41
GARAGE SALES Pain management clinics
At-home sales .......................... 10-137 Requirements,....................... 10-181
GARBAGE AND TRASH HEDGES. See: FENCES, WALLS, HEDGES
Dumpsters ............................. 9-280, 9-281 AND ENCLOSURES
Prohibitions ............................ 13-2 HISTORICAL PRESERVATION
Solid waste. 194 et seq.
See: UTILITIES Tree protection and preservation
Definitions (historic, specimen trees) .. 5-3
GAS CODE Specimen, historic trees .............. 5-8
Buildings
Florida building code HUNTING
Electrical, plumbing, mechanical and City parks and recreational areas
gas work..,. 6-101 Hunting/wildlife preservation and
conservation .................... 17-106
GAS, GASOLINE
Flood damage control ................... 8-2 HYDRANTS. See: FIRE PREVENTION AND
Municipal public service tax. . 18-26 et seq. PROTECTION
See: TAXATION
I
GENDER
Definitions and rules of construction..... 1-2 IMPACT FEES
GLASSWARE Florida Fire Prevention Code, local amend -
Prohibitions ............................ 13-2 mentto
Impact fee credits. 4 4 . 0 1 1 6 1 0 4 1 1 1 4 4 6 4 4 q 7-54
GOLF CARTS Land development
Operation of. . 12-71 et seq. Police, fire, parks and recreation facili-
See: MOTOR VEHICLES AND TRAF- ties. . 4 11 11 0 0 . 9 1 1 1 1 0 0 0 1 1 1 0 0 0 4 q I I & 9.391 et seq.
FIC Transportation impact fees ........... 9-386.1 et seq.
See: LAND DEVELOPMENT
GOLD
Secondhand precious metals. . 10-151 et seq. IMPROVEMENTS. See: PUBLIC WORKS
See: SECONDHAND PRECIOUS AND IMPROVEMENTS
METALS
IN THE CITY
GONGS Definitions and rules of construction..... 1-2
Noise provisions ........................ 13-32
IN WRITING, WRITTEN
GOODS, WARES OR MERCHANDISE Definitions and rules of construction..... 1-2
Declaration of a state of emergency...... 2-255
Peddlers and solicitors requirements..... 10-136 et seq. INDEBTEDNESS OF CITY
See: PEDDLERS, CANVASSERS AND Certain ordinances not affected by Code . 1-7(2)
SOLICITORS
INDECENCY AND OBSCENITY
GRADES, GRADING Adult entertainment establishments, sexu-
Certain ordinances not affected by Code . 1-7(6) ally oriented businesses
Land development, street grades gener- Obscenity, indecent exposure unlawful 10-54
ally ............................... 9-148
INVENTORIES
GRASS, LEAVES, UNDERBRUSH, ETC. City -owned property inventory .......... 2-192
Fertilizers, proper use of
Management of grass clippings and IRRIGATION SYSTEM
vegetative matter ............... 19-319 Reclaimed water system ................ 19-136 et seq.
Land development requirements re grass 9-160 See: UTILITIES
Supp. No. 27 3119
WINTER SPRINGS CODE
Section
J
JOBS GROWTH INCENTIVE GRANT
PROGRAM
Legislative findings ..................... 2-300
Program requirements, 2-305
KENNELS
Zoning regulations, . I I I V 1 0 0 6 6 1 1 0 4 0 0 4 1 6 1 0 20-416
LADES
Prohibitions ............................ 13-2
Supp. No. 27 3120
Section
LANDSCAPE IRRIGATION. See: WATER
CONSERVATION AND LANDSCAPE
IRRIGATION
LICENSES AND PERMITS
Adult entertainment establishments, sexu-
ally oriented businesses............
See: ADULT ENTERTAINMENT
ESTABLISHMENTS, SEXUALLY
ORIENTED BUSINESSES
Awnings, permit for erection over sidewalks
See: STREETS AND SIDEWALKS
Dance hall permit ..................... .
Excavation permit ..................... .
Fences, walls, hedges, permits . . . . . . . . . . .
Flood damage control development permit
Industrial wastewater contribution permit
Minimum community appearance and
aesthetic review standards
Approval prerequisite for permits. .
Building permits .................... .
Nonconformities
Special permit ...................... .
Pain management clinics* .
Peddlers and solicitors permit .......... .
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Sign permit ............................
See: SIGNS AND ADVERTISING
Street and sidewalk permit ............ .
See: STREETS AND SIDEWALKS
Tree removal, land clearing permit ..... .
Vested rights special use permit ........ .
LIENS
Code enforcement
Duration of lien. .
Filing of liens ........................
Fire rescue assessment
Annual fire rescue assessments
Lien of fire rescue assessments .... .
Public nuisance abatement board........
LIQUOR. See: ALCOHOLIC BEVERAGES
LITTERN IG
City parks and recreational areas
Pollution and litter .................. .
Nuisance provision ..... . .............. .
Streets, sidewalks, etc., littering........ .
LOCAL IMPROVEMENTS. See: PUBLIC
WORKS AND IMPROVEMENTS
LOUDSPEAKERS
Noise disturbances prohibited
In
MANUI�'ACTURED HOUSING
Flood damage control standards ....... .
Supp. No. 97
CODE INDEX
Section Section
MAPS. See: SURVEYS, MAPS AND PLATS
MAY, SHALL
Definitions and rules of construction..... 1-2
MAYOR
10-58 et seq. Election proclamation, I 1 0 4 0 1 1 1 6 1 0 1 1 1 1 1 1 1 2-82
MECHANICAL CODE
Buildings
Florida building code
17-51 et seq. Electrical, plumbing, mechanical and
gas work. I 1 0 4 0 1 1 a 6 1 0 4 4 6-101
10-111
17-76 MERCHANDISE. See: GOODS, WARES OR
6-186 MERCHANDISE
8-33 MINORS
19-52 Adult entertainment establishments, sexu-
ally oriented businesses
9-601 Unlawful provisions.., so I, It 04 10-87
9-606 Alcoholic beverage sales near schools
prohibited ........................1 3-2
9-568 Secondhand precious metals, dealing with
10-181 persons under age eighteen years
10-136 et seq. prohibited. I I I a 0 4 1 1 6 4 0 1 1 1 0 0 4 1 1 1 0 4 0 4 10-155
MOBILE HOMES AND MOBILE HOME
PARKS
16-53 et seq. Zoning regulations for trailers and mobile
homes ............................ 20-91 et seq.
17-1 et seq. See: ZONING
54 et seq. MONTH
9-402 Definitions and rules of construction..... 1-2
MONUMENTS
Land development monuments .......... 9-180
2-64 MOTELS. See: HOTELS AND MOTELS
2-63
MOTOR VEHICLES AND TRAFFIC
Abandonment
18-179 Prohibited ........................... 12-53
13-76 Adoption of state law ................... 12-2
Buses
Stands, use oft 1 0 1 1& 1 0 4 1 1 0 a 0 1 1 1 0 0 1 4 4 a 0 12-68
Citations
Alteration or destruction ............. 12-32
17-103 Failure to obey. 1 0 1 4 1 0 1 1 12-31
13-2
Issuance........... 4 1 1 1 1 1 12-29
17-28 City parks and recreational areas ...... 4 17-102
Cleaning, repairing vehicles on roadway . 12-66
Definitions ............................. 124
Fines for violations ..................... 12-30
Food dispensing vehicles, mobile......... 20-650
Golf carts, operation of
Definitions .......................... 12-71
13-31(b) Enforcement ......................... 12-77
Inspection and registration of golf carts
required ........................ 12-75
Insurance required ................... 12-76
Required equipment. 12-74
8-51 Restrictions. 1 0 0 1 1 0 0 0 12-73
3125
MOTOR VEHICLES AND TRAFFIC Wont'd.)
Use of golf carts on designated roadways
Gongs, sirens on vehicles, noise provisions
Handbill distribution on or in vehicles .. .
Impoundment
Impoundment of motor vehicles used to
facilitate certain misdemeanor
crimes and parking and traffic
regulations .....................
Intersections
Fences, etc., limitations re ........... .
Land development requirements ..... .
Obstructions .........................
Stop intersections
Certain ordinances not affected by
Code.........................
Land development
Off-street parking and loading, ...... .
See: LAND DEVELOPMENT
Mohilp hmnpG to hn nnrlrnd in rnObilc home
parks; exception .................. .
Noise disturbances prohibited
Motor vehicle noise generally ........ .
Specific provisions
Model vehicles .................... .
Vehicle and boat repairs .......... .
Off-street parking and loading
Generally, , I 1 0 6 1 1 V 1 0 1 1 1 0 0 M
Land development requirements ..... .
See: LAND DEVELOPMENT
Zoning regulations ...................
See: ZONING
One-way streets
Certain ordinances not affected by Code
Parking, stopping and standing
Bus, taxi stands, use of ...............
Chief of police, powers and duties re
parking of vehicles ............ 1 .
Cleaning, repairing vehicles on roadway
Land development requirements for off-
street parking and loading...... .
See: LAND DEVELOPMENT
Loading or unloading zones...........
Mobile homes to be parked in mobile
home parks; exception.......... .
No -parking areas
Certain ordinances not affected by
Code....................... .
Obedience to signs, markings ........ .
Off-street parking and loading
Land development requirements... .
See: LAND DEVELOPMENT
Zoning regulations, ................
See: ZONING
Prohibitions, generally .............. .
Stop intersections
Certain ordinances not affected by
Code.........................
Supp. No. 27
WINTER SPRINGS CODE
Section Section
MOTOR VEHICLES AND TRAFFIC (Cont'd.)
12-72 Police department
13-32 Chief of police, duties and powers of re
16-28 operation and parking of vehicles 12-27
Citation
Alteration or destruction of ........ 12-32
Failure to obey .................... 12-31
Issuance of.,...., ................. 12-29
12-100 Referral of parking violations to hear-
ing officer, ................... 12-33
6491 Duties to regulate motor vehicles and
9-155 traffic .........................0 12-26
17-30 Fines for violations ................... 12-30
Traffic violation bureau, powers and
duties of, . & I 1 0 0 1 1 4 0 6 1 1 0 0 6 1 1 0 4 a 1 4 12-28
1-7(14) Red light code enforcement infraction
Definitions .......................... 12-82
9-276 et seq. Law
Consistency with state law ......... 12-90
1iil1iieu101ILal,iull ui geuei'ai iaw ..... 1G-8b
12-70 Legislative findings and intent/purpose 12-80
Red light traffic control signals, adher-
13-44 ence to ......................... 12-83
Review of recorded images............ 12-86
13 31(h) �ignag ...................... 12-89
13-31(e) Traffic infraction detectors, use of..... 12-81
Uniform traffic citation, .1 0 poll* 4 4 1 4 4 6 12-88
12-69 Violations
9-276 et seq. Notice of violation ................. 12-87
Violation .......................... 12-84
20-128 et seq. Regulations generally, .................. 12-51
Skateboarding, roller skating, in -line skat-
ing, other similar activities on human-
1-7(14) propelled devices .................. 13-62
Speed limits
12-68 Certain ordinances not affected by Code 1-7(14)
Vehicular speed limits, ............... 12-52
12-27 Taxicabs
12-66 Passenger rates
Certain ordinances not affected by
9-276 et seq. Code ......................... 1-7(13)
Stands, use of, ....................... 12-68
Traffic violation bureau, powers and duties
12 69 of ................................. 12-28
Traffic -control signs, signals and devices
12-70 Certain ordinances not affected by Code 1-7(14)
Land development; streetlights and traf-
fic signs ........................ 9-204
1-7(14) Obedience to ......................... 12-67
12-67 Red zone infractions. See herein: Red
Light Code Enforcement Infrac-
9-276 et seq. tion
Truck routes
20-128 et seq. Certain ordinances not affected by Code 1-7(14)
Violations, fines for ..................... 12-30
12-65 Referral of parking violations to hear-
ing officer ...................... 12-33
Zones
1-7(14) Loading and unloading zones ......... 12-69
3126
CODE INDEX
Section
MOTOR VEHICLES AND TRAFFIC (Confd.)
Zoning regulations for motor vehicles .... 20-431 et seq
See: ZONING
MULCHING
Land development requirements........ .
MUSICAL INSTRUMENTS
Noise disturbances prohibited
Specific provisions .................. .
N
NOISE
City parks and recreational areas
Noise and other conduct ............. .
Definitions .............................
Designation of noise sensitive zones .... .
Emergency exception ...................
Immediate threat to health and welfare. .
Lead agency or official ..................
Maximum permissible sound levels by
receiving land use ................ .
Motor vehicle noise .....................
Noise control officer
Powers ..............................
Noise disturbances prohibited
Generally. . . 1 6 0 0 1 & 0 & a 0 0 1 1 1 4 a & 0 1 0 0 4 1 0 4
Specific provisions .................. .
Notice of violation ..................... .
Other remedies.
Penalties...............................
Purpose and scope ......................
Required measurement procedures. .
Standardized measurements required... .
Variances
Special event variances. .
Variances for time to comply......... .
NUDITY
Nudity prohibited upon alcohol licensed
premises and bottle clubs ......... .
NUISANCES
Definitions .............................
Duty of owners of buildings to keep sur-
rounding property clean; notice;
failure to comply with notice ...... .
Fire and security alarms. 0 1 6 0 4 1 & .
See: ALARMS AND ALARM SYSTEMS
General prohibition, .
Noise..................................
See: NOISE
Procedure for city enforcement of non -
imminent hazards .................
Prohibitions. 4 1 6 0 * 1 6 0 & 0
Public nuisance abatement board. .
See: PUBLIC NUISANCE ABATE-
MENT BOARD
Skateboarding, roller skating, in -line skat-
ing, other similar activities on human -
propelled devices ..................
13-31(a)
17-112
13-27
13-43
13-32
13-41
13-28
13-30
13-31
13-40
13-42
13-39
13-26
13-38
13-37
13-33
13-34
13-3
13-51 et seq.
13-1
13-26 et seq.
13-4
13-2
13-70 et seq.
NUISANCES (Cont'd.)
Swimming pool nuisances ...............
NUMBER
Definitions and rules of construction... .
C�7
OATH, AP FIRMATION, SWEAR OR SWORN
Definitions and rules of construction.... .
OBSCENITY. See: INDECENCY AND
OBSCENITY
OFFENSES
Assessment and collection of court costs;
use...............................
Certain ordinances not affected by Code .
Civil infractions, schedule of ........... .
Code does not affect prior offenses, etc.. .
Repeal of ordinances, effect of. 0 q & 1 0 . I .
State misdemeanors adopted; penalty... .
Tree prohibitions .......................
Trespass ...............................
OFFICERS AND EMPLOYEES
Building inspector ......................
See: BUILDINGS
Certain ordinances not affected by Code .
Code enforcement officers .............. .
Code violations
General penalty; continuing violation;
violations as public nuisance.... .
Definitions and rules of construction.... .
Election supervisor .....................
Emergency management director* .
Floodplain administrator* ...............
See: FLOOD DAMAGE PREVENTION
Noise control officer .................. 1 .
Old age and survivors' insurance
Adoption of title II social security act .
Contribution, 1 0 6 q I a 0 4 * 1 0 4 q I & & 0 1 a 0 0 1 4
Custody of fund ......................
Execution of agreement ............. .
Extension of benefits ................ .
Record..............................
Pension plan
Adopted .............................
Board of trustee .....................
Personnel rules or regulations
Certain ordinances not affected by Code
Policy, rules and regulations. .
Recall of elected officials ............... .
OFFICIAL TIME
Definitions and rules of construction.... .
Supp. No. 27 3127
OLD AGE AND SURVIVORS INSURANCE.
See: OFFICERS AND EMPLOYEES
OPEN-AIR BURNING
Regulated ..............................
Section
6-222
1-2
1-2
6-5 et seq.
1-7(18)
2-67 et seq.
1-15
1-2
2-81
2-253 et seq.
8-31 et seq.
13-29
1-2
PAIN MANAGEMENT CLINICS
Requirements ..........................
PARKS AND RECREATION
Adult entertainment establishments, sexu-
ally oriented businesses
Prohibited locations ..................
City parks and recreational areas
Airsoft and paintball guns; bb guns .. .
Alcoholic beverages/tobacco products;
gambling .......................
Bathing; swimming; scuba diving .... .
Camping and sleeping, .
Definitions ..........................
Domestic and other animals ......... .
Enforcement; penalties .............. .
Fees.................................
Fires................................
Fireworks; destructive devices: wennons:
other potentially dangerous uses .
Glass containers .....................
Horseback riding, , 0 # 4 1 1 f 4 & I 1 0 1 1 1 1 1 0 1
Hours of operation and general use .. .
Hunting/wildlife preservation and
conservation ....................
Injuring, interfering with, etc., build-
ings and other property ....... 1 .
Interference with personnel/park opera-
tions...........................
Noise and other conduct ............. .
Peddling/distribution of materials .... .
Pollution and litter .................. .
Preexisting rules; conflicts with rules .
Promulgation of rules ............... .
Removal of natural resources ........ .
Suspension of use of city park ....... .
Traffic...............................
Trespass, .
Concurrency administration and evalua-
tion procedure
Level of service standards (LOS) for
parks and recreation ............
Land development
Impact fees (police, fire, parks and
recreation facilities) ............ .
Parks and recreation advisory committee
Creation; composition; appointment of
members .......................
Purpose and duties ...................
Public grounds
Definitions and rules of construction . .
Use of city athletic facilities; fees ...... 0 .
PEDDLERS, CANVASSERS AND SOLICI-
TORS
Alcoholic beverage vendors in town center
At-home sales ..........................
City parks and recreational areas
Peddling/distribution of materials .... .
Supp. No. 27
WINTER SPRINGS CODE
Section
17-115
17-112
17-113
17-103
17-122
17-120
17-104
17-124
17-102
17-109
9-514
9-391
et seq.
Section
PEDDLERS, CANVASSERS AND SOLICI-
TORS (Cont'd.)
Transient or itinerant solicitors; permit
required; prerequisite to issuance... 10-136
PENSIONS AND RETIREMENT
Officers' and employees' pension plan .... 14-51 et seq.
See: OFFICERS AND EMPLOYEES
PERFORMANCE BONDS. See: BONDS,
SURETY OR PERFORMANCE
PERSON
Definitions and rules of construction.... .
PHONOGRAPHS
Noise provisions ....................... .
PLANNING AND DEVELOPMENT
Comprehensive plan
Adopted.............................
Compliance ............. I
Distribution of copies, . 0 1 1 4 4 1 . 0 1 1 0
Comprehensive plan amendments
Advertisement of public hearing ..... .
Application deadline ................ .
Authority, purpose and intent........ .
City commission public hearing process
Effectiveness of the adopted amend-
ment...........................
Initiation of amendments, .
Local planning agency review and recom-
mendation ......................
Review
Criteria ...........................
Procedure .........................
Transmittal of adopted amendment to
state land planning agency ..... .
Impact fees
Police, fire, parks and recreation facili-
ties.............................
Transportation facilities ............. .
Land development ......................
See: LAND DEVELOPMENT
Tree protection and preservation
Protection during development, construc-
tion; periodic inspection ........ .
Zoning regulations generally ........... .
See: ZONING
1-2
15-26 et seq.
r W7
15-29
9-391
et seq.
9-386 et seq.
9-1 et seq.
5-14
20-1 et seq.
PLATINUM
2-45 Secondhand precious metals ............. 10-151 et seq.
2-46 See: SECONDHAND PRECIOUS
METALS
1-2
2-2 PLATS. See: SURVEYS, MAPS AND PLATS
PLAYGROUNDS
Prohibitions ............................ 13-2
3-3
10-137
17-113
3128
CODE INDEX
Section Section
TREES AND SHRUBBERY UTILITIES (Cont'd.)
Land development Concurrency administration and evalua-
Clearing rights -of -way of trees ........ 9-129 tion procedure
Proper use of fertilizers., 1 6 0 0 1 a 0 0 q I q 6 4 f * 19-310 et seq. Level of service standards (LOS) ...... 9-510 et seq.
See: FERTILIZERS, PROPER USE OF See: LAND DEVELOPMENT
Streets, removal of trees and shrubbery on 17-28 Cross -connection control, backflow preven-
Tree protection and preservation tion
Applicability, 1 4 0 0 1 1 6 0 1 1 1 0 4 0 1 4 0 f 0 1 4 6 0 1 5-1 Administration ...................... 19-153
Authorization to adopt rules, regula- Backflow prevention devices
tions, fees for implementation.... 5-19 Installation, testing and maintenance
Calculating tree protection zone, (App. of* q 1 19-155
C to Chap. 5) Changes to manual .................. 19-152
City arbor division ................... 5-5 Cross -connection violations and penal -
City trees; care and maintenance ..... 5-11 ties. . 4 1 a 0 9 0 4 a 1 0 4 0 1 a 6 * 9 0 1 a 0 4 0 b I a 6 19-156
Definitions .......................... 5-3 Inspection and testing, right of access. 19-154
Desirable trees, (App. B to Chap. 5) Intent ............................... 19-150
Development, construction, protection Manual adopted by reference; compli-
during; periodic inspection....... 5-14 ance required ................... 19-151
Enforcement; penalties ............... 5-18 Fees. See herein: Rates, Fees and Charges
Exemption for tree removal activities Fences, walls, etc., for utility easement .. 6-192
authorized and preempted by state Flood damage prevention requirements re
or federal law. 5-4.5 utilities ........................... 8-1 et seq.
Intent, purpose ...................... 5-2 See: FLOOD DAMAGE PREVENTION
Minimum tree requirement........... 5-13 Land development
Permit required: tree removal, land Utilities services to be underground,
clearing; separate violations; exception ....................... 9-104
criteria; contractor permit required 5.4 Water and sewer systems, require,,
Application, permit ................ 5-6 ments for ....................... 9-261
Contents; expiration; removal after Permits
expiration of permit .......... 5-12 Industrial wastewater contribution
Prohibitions ......................... 5-10
permit. ......................... 19- Proper use of fertilizers ................. 19-310 et seq
Remedial action ...................... 5-17 See: FERTILIZERS, PROPER USE OF
Specimen, historic trees .............. 5-8 Public service tax....................... 18-26 et seq.
Tree protection area signage, (App. D See: TAXATION
to Chap. 5) Rates, fees and charges
Tree pruning standards .............. 5-7 Wastewater system................... 19-91 et seq.
Tree replacement guidelines .......... 5'9 See herein: Wastewater System
Undesirable trees, (App. A to Chap. 5) Reclaimed water system
Voluntary tree planting,. * 0 6 0 0 q I a 0 4 0 1 1 5-15 Definitions .......................... 19-136
Waivers; incentive program and appeals 5-16 Inspection ........................... 19-140
Rates and charges ................... 19-138
TRESPASSING Routing and construction ............. 19-137
Conditions constituting trespassing...... 11-3 Service procedures, regulations ....... 19-139
Utility protection, enforcement Promulgation, enforcement of ...... 19-139
Trespass. . b q b 1 19-303 Septic tanks
Private septic tanks re wastewater
U system ........................0 19-29
Sewers. See herein: Wastewater System
URBAN BEAUTIFICATION Solid waste
City manager's duties; use of existing city Garbage service to be provided for
boards and committees. . I 1 4 4 11 & b 4 1 0 2-77 certain tenants ................. 19-1
Master beautification plan; recommenda- Solid waste collection and disposal
tions to city commission............ 2-78 authority; establishment of civil
Purpose and intent ..................... 2-76 citation penalty for violations, . 1 6 19-3
Solid waste services; rates; penalties
UTILITIES and enforcement for nonpayment 19-2
Charges. See herein: Rates, Fees and Stormwater management utility
Charges Adjustment of fees ................... 19-166
Supp. No. 27 3133
WINTER SPRINGS CODE
Section
UTILITIES (Cont'd.)
Billing, payment, penalties, enforce-
ment ........................... 19-165
Definitions .......................... 19462
Director (of public works)
Powers, duties, responsibilities ..... 19-168
Discharges into natural waters,
municipal storm sewer system ... 19-170
Enforcement, penalties, legal proceed-
ings ............................ 19-175
Fee created .......................... 19-163
High risk screening .................. 19-174
Illicit discharges, connections (prohibi-
tion) ............................ 19-171
Industrial, commercial, construction
activities; stormwater discharges
from. . 9 0 6 1 1 4 0 0 6144 0 6 6 1 0 4 0 *1 of 0 0 6 19-170.5
Inspection, monitoring for compliance,
operational maintenance .......6 19-173
Interconnected municipal storm sewer
systems
Control of pollutant contributions
from ........................0 19-172
Prohibited acts, generally, . 4 1 1 1 0 0 6 19-169
Purpose;intent ...................... 19-161.5
RaLus, "lieuule of .................... 1J-164
Stormwater management utility fund . 19-167
Title ................................ 19-161
Utility protection, enforcement
Enforcement ........................1 19-304
Meters furnished by, remain property
of city; all water must pass through
meter .......................... 19-300
Right of entry of authorized agents,
employees ...................... 19-301
Tampering with city utility system .... 19-302
Trespass ............................. 19-303
Wastewater system
Accidental discharge protection. 19-74
Charges. See herein: Rates, Fees and
Charges
Contaminants prohibited ............. 19-72
Definitions .......................... 19-26
Discharges prohibited ................ 19-71
Enforcement. 4 & 1 0 0 0 6 6 19-53
Enforcement board ................... 19-30
Fees. See herein: Rates, Fees and
Charges
Industrial wastewater contribution
permit, . 0 4 6 1 0 0 4 1 1 1 4 1 6 1 1 1 1 4 6 1 1 1 0 * 19-52
Inspection and monitoring............ 19-51
Penalties and charges ................ 19-31
Pretreatment ........................ 19-73
Private septic tanks .................. 19-29
Public sewers, required use of ........ 19-28
Rates, fees and charges
Annual rate review ................ 19-99
Appeals ........................... 19-98
Application requirements .......... 19-100
Billing, payment, delinquency, 19-97
Supp. No. 27 3134
Section
UTILITIES (Cont'd.)
Conservation methods ............. 19-94
Definitions ........................ 19-91
Intent, , 1 9 6 6 19-92
Office hours ....................... 19-101
Penalties and charges, 19-31
Policy for bill adjustments for
unexplained excessive use..... 19-98.5
Revenue .......................... 19-95
Sewerage revenue generation system
Accountant certification of
adequate maintenance ..... 19-129
Accounts established ............ 19-126
Deposits ........................ 19-127
Expenditures ................... 19-128
User charge
Generally, 19-96
Schedule ....................... 19-102
System ......................... 19-93
Septic tanks, private ................. 19-29
Sewerage revenue generation system
Accountant certification of adequate
maintenance ................. 19-129
Accounts established, . 61,66 1044610 19-126
Deposits .......................... 19-127
Expenditures, . 19-128
Use of wastewater system ............ 19-27
Water conseiTation and landscape irriga-
tion ............................... 19-251 et seq.
See: WATER CONSERVATION AND
LANDSCAPE IRRIGATION
Water shortage conditions and shortages
Application of this article, . 19-202
Definitions .......................... 19-201
Enforcement....,,,,,,,,,,,,,,,,,,,,, 19-205
Exception ............................ 19-206
Implementation,,, 'mod 19-203
Intent and purpose. I 1 0 0 to, 19-200
Penalties ............................ 19-207
Water use constitutes acceptance of
provisions of the article.......... 19-208
Water uses, surcharges and factors
considered,,,,,,,,,,,,,,,,,,,,., 19-204
V
VEHICLES. See: MOTOR VEHICLES AND
TRAFFIC
VENDORS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
VOTES, VOTING. See: ELECTIONS
W
WALLS. See: FENCES, WALLS, HEDGES
AND ENCLOSURES
WARES. See: GOODS, WARES OR
MERCHANDISE
CODE INDEX
Section Section
WARRANTS. See: WRITS, WARRANTS AND YARDS AND OPEN SPACES
OTHER PROCESSES Land development; public sites and open
WASTEWATER. See: UTILITIES spaces ............................ 9-103
Swimming pools, yard requirements re .. 6-219
WATER AND SEWERS. See also: UTILI- Zoning regulations generally ............ 20-1 et seq.
TIES See: ZONING
Concurrency administration and evalua-
tion procedure
Level of service standards (LOS) ...... 9-510 et seq. Definitions and rules of construction..... 1-2
See: LAND DEVELOPMENT
Declaration of a state of emergency; water Z
use restrictions ...................4 2-255
Reclaimed water system ................ 19-136 et seq. ZONING
See: UTILITIES Administrative appeals ................. 20-35
Water shortage conditions and shortages. 19-200 et seq. Land use decisions (procedures)....... 20-35
See: UTILITIES Adult entertainment establishments
WATER CONSERVATION AND Generally, ........................... 10-100
LANDSCAPE IRRIGATION Basis for regulations and requirements
..................
Definitions ............................. 19-252 herein set forth..20-2Buffers
Enforcement ........................... 19-255 Residential wall buffers required...... 20-417
Exceptions ............................. 19-254 Building area regulations
Landscape irrigation schedules, vari-
ances, and restrictions. . 19-253 R-1 One -Family Dwelling District ..... 20-185
Purpose; applicability. 19-251 R-1AA and R-lA One -Family Dwelling
Districts, . I M I 1 4, 1 6 0 a a * a & 4 0 t 0 6 0 a 0 20-165
WATERWAYS AND WATERCOURSES R-lAAA Single -Family Dwelling
Boats. See that subject Districts, ....................... 20-125
Discharges into natural waters, municipal R-3 Multiple -Family Dwelling Districts 20-210
storm sewer system, .. 6 0 6 6 4 0 q 0 0 q q 1, 19-170 R-CI Single -Family Dwelling Districts. 20-145
Flood damage prevention ............... 8-1 et seq. R-U Rural Urban Dwelling Districts .. 20-270
See: FLOOD DAMAGE PREVENTION T-1 Trailer Home Districts............ 20-295
Prohibitions ............................ 13-2 Building height regulations
WEAPONS. See: FIREARMS AND C-1 Neighborhood Commercial Districts 20-235
WEAPONS C-2 General Commercial and Industrial
Districts ........................ 20-253
WEATHER C-3 Highway 17-92 Commercial District 20-346.2
Weather emergencies ................... 2-261 I-1 Light Industrial District . $ ........ 20-260
WEEDS R-1 One -Family Dwelling District ..... 20-184
Accumulation or untended growth of..... 13-2(c) R-1AA and R-lA One -Family Dwelling
Districts. . * 0 4 V q . 0 . 4 q 0 I'd %''I'd a 20-164
WILDLIFE R-1AAA Single -Family Dwelling
City parks and recreational areas Districts ........................ 20-124
Hunting/wildlife preservation and R-3 Multiple -Family Dwelling Districts 20-209
conservation ................... a 17-106 R-CI Single -Family Dwelling Districts. 20-144
WINE. See: ALCOHOLIC BEVERAGES R-U Rural Urban Dwelling Districts .. 20-269
C-1 Neighborhood Commercial Districts
WINTER SPRINGS. See: CITY Building height regulations........... 20-235
Bulls regulations ..................... 20-237
WRITS, WARRANTS AND OTHER Conditional uses ..................... 20-234
PROCESSES Generall 20-231
Subpoenas Off-street parking regulations. 20-238
Code enforcement board powers....... 2-59 Overlay district regulations........... 20-236
WRITTEN, IN WRITING Uses permitted ...................... 20-232
Definitions and rules of construction..... 1-2 C-2 General Commercial and Industrial
Districts
Y Building height regulations........... 20-253
Bulk regulations ..................... 20-255
YARD SALES Conditional uses. 0 6 0 6 a 0 4 0 4 0 8 0 4 a 1 0 0 20-254
At-home sales .......................... 10-137 Generally............................ 20-251
Supp. No. 27 3135
WINTER SPRINGS CODE
Section Section
ZONING (Cont'd.) ZONING (Cont'd.)
Outdoor storage and warehousing R-1AAA Single -Family Dwelling
requirements Districts ........................ 20-121 et seq.
Supplemental requirements ........ 20-256 R-3 Multiple -Family Dwelling Districts 20-206 et seq.
Uses permitted ...................... 20-252 R-CI Single -Family Dwelling Districts. 20-141 et seq.
C-3 Highway 17-92 Commercial District Restrictions upon lands, buildings and
Building height regulations........... 20-346.2 structures ...................... 20-103
Bulk regulations ..................... 20-346.4 R-T Mobile Home Park Districts ...... 20-311 et seq.
Conditional uses ..................... 20-346.3 R-U Rural Urban Dwelling Districts .. 20-266 et seq.
Generally, . I I 1 20-346 T-1 Trailer Home Districts............ 20-291 et seq.
Uses permitted ...................... 20-346.1 Town Center District Code............ 20-320 et seq.
CC Commerce Center District Division of city ......................... 20-101
Bulk regulations ..................... 20-345.4 Flood damage prevention ............... 8-1 et seq.
Conditional uses ..................... 20-345.3 See: FLOOD DAMAGE PREVENTION
Generally, 1 0 V 0 0 4 4 0 0 4 0 4 0 1 1 1 1 6 6 1 6 1 IIIVI 20-345 Front yard regulations. See herein: Yards
Uses permitted ...................... 20-345.1 and Open Spaces
Certain ordinances not affected by Code . 1-7(15) GreeneWay Interchange Zoning District
Changes and amendments .............. 20-104 Building height...................... 20-331
Code enforcement ...................... 2-56 et seq. Comprehensive plan and code compli-
See: CODE ENFORCEMENT anep rpnnirp l 9n-q40
Commercial vehicles defined ............ 20-432 Development agreement; icon monu-
Comprehensive plan .................... 15-26 et seq. ment sign ...................... 20-336
See: PLANNING AND DEVELOPMENT Economic and fiscal impact require -
Conditional uses ments.......................... 20-339
C4 Neighborhood Commercial Districts 20-234 General uses and intensities .......... 20-329
C-2 General Commercial and Industrial Interconnectivity of multiple parcels .. 20-335
Districts ........................ 20-254 Master development plan............. 20-337
C-3 Highway 17-92 Commercial District 20-346.3 Optional preliminary review .......... 20-338
CC Commerce Center District ........ 20-345.3 Parking and driveway requirements... 20-333
Expiration of conditional use approvals 20-36 Permitted uses, conditional uses,
I-1 Light Industrial District .......... 20-261 incidental uses within buildings 20-330
Land use decisions (procedures)....... 20-33 Purpose ............................. 20-328
R-1 One -Family Dwelling District ..... 20-183 Setbacks, 20-332
R-1AA and R-lA One -Family Dwelling Utility lines, pipes, conduit and
Districts, ... M 20-163 infrastructure, .................4 20-334
R-1AAA Single -Family Dwelling Home occupations or home offices
Districts ........................ 20-123 Regulation of........................ 20-452
R-3 Multiple -Family Dwelling Districts 20-208 I-1 Light Industrial District
R-CI Single -Family Dwelling Districts. 20-143 Building height regulations........... 20-260
R-U Rural Urban Dwelling Districts .. 20-268 Bulk regulations ..................... 20-262
Construction Conditional uses ..................... 20-261
R-T Mobile Home Park Districts, applica- Enclosed buildings; outside storage.... 20-263
tion for construction, I I I 1 20-317 Generally,........................... 20-258
Definitions',,,,, 20-1 Uses permitted ...................... 20-259
Districts Interpretation, purpose and conflict ..... 20-5
C-1 Neighborhood Commercial Districts 20-231 et seq. Land development ...................... 9-1 et seq.
C-2 General Commercial and Industrial See: LAND DEVELOPMENT
Districts, V I I I I I I I V 1 0 0 * 0 0 4 0 4 0 0 4 0 4 20-251 et seq. Land use decisions (procedures)
C-3 Highway 17-92 Commercial District 20-346.3 Administrative appeals ............... 20-35
CC Commerce Center District ........ 20-345 et seq. Applications ......................... 20-29
Changes and amendments ............ 20-104 City commission; authority ........... 20-27
Division of city, V 1 0 0 4 0 4 0 0 4 20-101 Community workshop requirements, 20-29.1
GreeneWay Interchange Zoning District 20-328 et seq. Conceptual plan review —Non -binding
I-1 Light Industrial District .......... 20-258 et seq. and binding by development agree -
Official zoning map, working maps and ment ........................... 20-28.1
procedures, V I *I I I I 1 1111111111944 20-102 Conditional uses..................... 20-33
Planned unit development, 1 0 4 1 6 1 * 1 0 1 6 20-351 et seq. Due process; special notice require-
R-1 One -Family Dwelling District ..... 20-181 et seq, ments .......................... 20-28
R-1AA and R-IA One -Family Dwelling Expiration of conditional use, variance,
Districts, V I I I V I I 1 0 1 0 0 4 0 0 M 0 1 0 4 0 6 4 20-161 et seq. waiver approvals................ 20-36
Supp. No. 27 0190
CODE INDEX
Section
Section
ZONING (Cont'd.)
ZONING (Cont'd.)
Intent; purpose ......................
Limited administrative waivers .......
Pre -application meeting ..............
Rezonings ...........................
Site and final engineering plans ......
Staff review .........................
Variances ............................
Waivers .............................
Limitations on residential densities......
Lot coverage
20-26
20-37
20-28.2
20-31
20-33.1
20-30
20-32
20-34
20-419
Parking, storage or maintenance of vehicles.
See herein: Motor Vehicles
Permits
T-1 Trailer Home Districts............
Planned unit developments
Additional requirements..............
Amendment to existing PUD..........
Appeals .............................
Control of development following
recordation of development agree-
20-293
20-358
20-357
20-355
R-1 One -Family Dwelling District .....
R-1AA and R-lA One -Family Dwelling
20-187
ment ...........................
Development agreement and master
20-356
Districts. . 4 1 1 0 a a 6 4 4 6 0 6 6 4 6 6 4 0 4 0 * a
R-1AAA Single -Family Dwelling
Districts ........................
R-3 Multiple -Family Dwelling Districts
20-167
20-127
20-212
plan............................
Intent and purpose of district.........
Procedures for approval of planned unit
development zoning classification
20-352
20-351
20-354
R-CI Single -Family Dwelling Districts.
R-U Rural Urban Dwelling Districts ..
Medical marijuana dispensaries prohibited
20-147
20-272
20-425
Standards for planned unit develop-
ments ..........................
Planning and zoning board
20-353
Mobile food dispensing vehicles..........
Authorized locations .................
Conditions of land use and operational
20-650
20-650(c)
Assistants ...........................
Compensation; allowances for expenses
incurred in performance of duties
20-58
20-55
standards. .
Definitions ..........................
Penalties ............................
Purpose and intent ...................
Motor vehicles
20-650(d)
20-650(b)
20-650(e)
20-650(a)
Composition, appointment of members
Created .........................,...
Duties;general ......................
Meetings; quorum; records to be kept..
Term; filling vacancies; removal of
20-52
20-51
20-57
20-56
Authorized commercial vehicles
Limited -term parking permits ......
Residential areas, in. 6 0 0 0 0 4 4 0 1
Residentially zoned districts, in ....
Commercial vehicles defined..........
Exempted vehicles ...................
Parking areas on residential lots; design
requirements ...................
Parking vehicles in residential front
20-436
20-434
20-435
20-432
20-437
20-439
members .......................
Prohibited uses
R-T Mobile Home Park Districts ......
Purpose of provisions ...................
R-1 One -Family Dwelling District
Building height regulations...........
Building site area regulations.........
Conditional uses.....................
Front, rear and side yard regulations .
20-53
20-315
20-3
20-184
20-185
20-183
20-186
yards and on sidewalks prohibited
Parking, storage or maintenance of
certain vehicles prohibited in
residentially zoned districts......
Storage, repair, etc., of disabled motor
vehicles; approved. . 0 0 . 0 4 0 0 0 1 4 1 4 0
Official zoning map, working maps and
20-438
20431
20-433
Generally, . 0 0 0 1 4 0 0 4 a 1 6 a I a 4 1 q * V 0 . q 0 0 1 0
Lot coverage .........................
Off-street parking regulations . . . . . . . .
Use, area and yard exceptions ........
Uses permitted ......................
R-lAA and R-lA One -Family Dwelling
Districts
20-181
20-187
20-189
20-188
20-182
procedures ........................
Off-street parking regulations
C-1 Neighborhood Commercial Districts
R-1 One -Family Dwelling District .....
R-1AA and R-lA One -Family Dwelling
20-102
20-238
20489
Building area regulations.............
Building height regulations...........
Conditional uses .....................
Designation. . I I I I I 1 9 V 4 0 . 9 0 0 0
Front, rear and side yard regulations .
20-165
20-164
20-163
20-161
20-166
Districts. 4 0 4 1 q I I I I I I I 1 0 1 466,6404
R-1AAA Single -Family Dwelling
Districts ........................
R-3 Multiple -Family Dwelling Districts
R-CI Single -Family Dwelling Districts.
R-U Rural Urban Dwelling Districts ..
Outdoor storage and warehousing require-
ments
Supplemental requirements in C-2
General Commercial and Industrial
20-169
20-128
20-213
20-148
20-273
Lot coverage.........................
Off-street parking regulations ........
Use, area and yard exceptions .......4
Uses permitted ......................
R-1AAA Single -Family Dwelling Districts
Building area regulations, . 0 0 4 4 6 a 1'',
Building height regulations...........
Conditional uses .....................
Designation, .........................
Front, rear and side yard regulations .
20-167
20-169
20-168
20-162
20-125
20-124
20-123
20421
20-126
Districts, .
20-256
Lot coverage ........................4
20-127
Supp. No. 97 0137
WINTER SPRINGS CODE
Section
Section
ZONING (Cont'd.)
ZONING (Cont'd.)
Off-street parking regulations ........
Uses permitted ......................
R-3 Multiple -Family Dwelling Districts
20-128
20-122
Site development standards
Planned unit development, ...........
Special accessory uses
20-353
Building area regulations. at 0 , 4 0 6 1 4 0 1 0
Building height regulations...........
Conditional uses .....................
Designation,. 0 a 4 0 t 0 4 0 4 9 1 1 6 V a 1 6 6 1 1 6 1 1 6
Front, rear and side yard regulations .
20-210
20-209
20-208
20-206
20-211
R-T Mobile Home Park Districts ......
S.R. 434 and Tuskawilla Road streetscape
requirements
Intent...............................
Streetscape
20-314
20-600
Lot coverage .........................
Off-street parking regulations ........
Uses permitted ......................
R-CI Single -Family Dwelling Districts
Building area regulations. . 0 0 0 0 0 0 4 9 0 4 0
Building height regulations...........
Conditional uses .....................
Designation. . 0 4 0 f I 1 0 0 0 f 4 0 4 9 1 11 9 V I I I 1 6
Front, rear and side yard regulations .
Lot coverage .........................
Off -afro t narlrinff remflatinnq
Uses permitted ......................
Rear yard regulations. See herein: Yards
and Open Spaces
20-212
20-213
20-207
20-145
20-144
20-143
20-141
20446
20-147
90-148
20-142
Appropriate illustrations...........
Requirements .....................
S.R. 434 corridor overlay plan
Creation .............................
General design standards for new
development area
Applicability ......................
Building and screening design
guidelines' ...................
Building height....................
Cnrririnr acreg4 mnnauement
Development agreement ...........
Large footprint buildings...........
Off-street parking and driveway
20-602
20-601
20-462
20-463
20-473
20-464
9..0-472
20-474
20-468
Residentially zoned districts, parking, stor-
age or maintenance of certain vehicles
prohibited in ......................
Restrictions upon lands, buildings and
structures .........................
Rezoning
20-431
20-103
requirements .................
Setbacks ..........................
Streetscape required...............
Utility lines .......................
Storage, outdoor
Supplemental requirements in C-2
20-467
20-465
20-466
20-471
Land use decisions (procedures).......
Official zoning map, working maps,
procedures..............'',.,.,.
R-T Mobile Home Park Districts, applica-
tion for rezoning ............... 0
Waiting period for,. 0 a 0 4 4 t 1 9 0 4 1 t I V 1 1
R-T Mobile Home Park Districts
Construction, application .............
Definition of terms ...................
Description of district ................
Minimum development standards and
requirements .................. a
Prohibited uses ......................
Rezoning, application, a 4 ad googol a0volo
Special accessory uses ................
Special requirements .................
Uses permitted ......................
R-U Rural Urban Dwelling Districts
Building height regulations ...........
Building site area regulations.........
Conditional uses .....................
Front, rear and side yard requirements
Generally, a 0 4 0 0 1 1 1 0 4 0 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Lot coverage .........................
Off-street parking regulations ....... 1
Uses permitted ......................
Scope of provisions .....................
Sexually oriented businesses
Generally ............................
Side yard regulations. See herein: Yards
and Open Spaces
20-31
20-102
20-316
2-117
20-317
20-311
20-312
20-318
20-315
20-316
20-314
20-319
20-313
20-269
20-270
20-268
20-271
20-266
20-272
20-273
20-267
20-4
10-100
General Commercial and Industrial
Districts ........................
Storage, repair, etc., of disabled motor
vehicles; approved .................
Supplemental District regulations
Animals .............................
Exceptions, a 44 4 0 4 0 4 f 1 0 0 4 0 4 4 0 4 0 0 4 1 0 0 4 0
Gasoline stations.....................
Home occupations or home offices. See
herein that subject
Kennels zoning ......................
Motor vehicles. See herein that subject
Pill mills ............................
Public, private and charter school and
daycare center siting criteria ....
Residential wall buffers required......
Secondary metals recyclers and similar
non -hazardous recyclers .........
Telecommunications towers. See herein
that subject
Trailers
In residential areas, a 0 4 4 044 4 a a 0 & 1 0 1
Uses..............................
T-1 Trailer Home Districts
Building site area regulations.........
Description of district................
Minimum front, rear and yard regula-
tions ...........................
Permits,.............................
Special requirements .................
Uses permitted ...................... 20-292,
20-256
20-433
20-413
20-414
20-418
20-416
20-421
20-422
20-417
20-420
20-411
20-412
20-295
20-291
20-296
20-293
20-297
20-294
Supp. No. 27 0100
Section
ZONING (Cont'd.)
Telecommunications towers
Siting and regulation of telecommunica-
tion towers .....................
20-451
Town Center District Code
Administration ......................
20-321
Architectural guidelines ..............
20-327
Building elements, .
20-326
Definitions
2 0 - 3 2 2
..........................
General provisions.
20-324
Intent
20-320
...............................
Permitted uses. .
20-323
Signs ................................
20-327.1
Transect standards. . 00 06 04 0 11 1 1 1 6 4
20-325
14
Use, area and yard exceptions
R-1 One -Family Dwelling District .....
20-188
R-IAA and R-lA One -Family Dwelling
Districts
20-168
........................
Uses permitted
C-1 Neighborhood Commercial Districts
20-232
C-2 General Commercial and Industrial
Districts ........................
20-252
C-3 Highway 17-92 Commercial District
20-346.1
CC Commerce Center District ........
20-345.1
I-1 Light Industrial District ..........
20-259
R-1 One -Family Dwelling District.....
20-182
R-IAA and R-IA One -Family Dwelling
Districts
20-162
........................
R-lAAA Single -Family Dwelling
Districts
20-122
........................
R-3 Multiple -Family Dwelling Districts
20-207
R-CI Single -Family Dwelling Districts.
20-142
R-T Mobile Home Park Districts ......
20-313
R-U Rural Urban Dwelling Districts ..
20-267
T-1 Trailer Home Districts............
20-2921 20-294
Variances
Expiration of variance approvals.
20-36
Land use decisions (procedures).......
20-32
Violation, penalty. .
20-6
Waivers
Expiration of waiver approvals........
20-36
Land use decisions (procedures).......
20-34
Yards and open spaces
C-1 Neighborhood Commercial Districts
20-237
R-1 One -Family Dwelling District
Front, rear and side yard regulations
20-186
Use, area and yard exceptions......
20-188
R-lAA and R-lA One -Family Dwelling
Districts. 4 4 0 0 1 1 1 4 1 6 4 0 4 1 q I I I I 1 4
20-166
Use, area and yard exception.......
20-168
R-1AAA Single -Family Dwelling
Districts. I 1 0 W 9 . 4 1 1 1 Ids****
20-126
0 q I I I I
R-3 Multiple -Family Dwelling Districts
20-211
R-CI Single -Family Dwelling Districts.
20-146
R-U Rural Urban Dwelling Districts ..
20-271
T-1 Trailer Home Districts............
20-296
Zoning board. See herein: Planning and
Zoning Board
Zoning map
Certain ordinances not affected by Code
1-7(15)
Supp. No. 27 3139
Section