HomeMy WebLinkAboutSupplement No.26SUPPLEMENT NO, 26
October 2019
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. 2019-09, enacted June 10, 2019.
See the Code Comparative Table for further information.
Remove Old Pages
1X—XiV
Checklist of up-to-date pages
365, 366
3775378
389-39002
557-560
603-612
6395640
880.1-884
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(following Table of Contents)
SH:3
365, 366
377, 378
389-390.6
557-560
603-612
639, 640
881-884.2
1305-1310
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INSTRUCTION SHEET—Cont'd.
Insert and maintain this instruction sheet in front of this publication. File removed
pages for reference.
Municipal Code Corporation P.O. Box 2235 Tallahassee, FL 3231G
info@nwNcode.cotii 800.26202633 www.muNcode.corn
TABLE OF CONTENTS
Page
Current Officials of the City ................................ .
v
Preface.....................................................
Adopting Ordinance ..............•••••••••• " " "
vii
Checklist of Up -to -Date Pages ............................. .
[1]
Supplement History Table ................................ .
SH:1
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. Pot .......•..•.........•..••••• 14
Art. XII. Powers ... .....................•.......•.• 14
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 ................... • • 140.14
Art. III. Boards, Committees, Commissions ... • Div. 1. Generally ....•..••.••••••••••• 140.14 *14
Div. 2. Code Enforcement ...... 0 • . • .... • . • • • • ' 143
143
Subdiv, A• Code Enforcement ......... • 144.E
Subdiv. B. Citations ................. • • " 146.1
Div. 3. Reserved...•.•...•..•..••.••.•• 006•0 " 146.1
Div. 4. Urban Beautification .. • . • ... • .. • • • • • • ' ' ' 146.2
Art. IV. Elections •...•..•.......••......•.•...•.•• • 148
Art. V. Annexations and Rezoning.... • . • ... • ... • .. • .
Supp. No. 26 ix
7
0
WINTER SPRINGS CODE
Chapter
Page
Art. VI. Finance 148
Div. 1. Generally .......... . . . . . . 148
Div. 2. Purchasing. 04 0 4 0 ON 0 ...... 6 , . , , 148
Div. 3. City -Owned Personal Property ........... 148.1
Art. VII. Emergency Management ............... . .. . 149
Div. 1. Generally, .......... . . . . . 149
Div. 2. Conditions of Emergency...... # 9 0 0 9 a 0 0 0 0 152
Art. VIII. Jobs Growth Incentive Grant Program ..... 153
3. Alcoholic Beverages ............ a .
4. Animals ..... .
5. Tree Protection and Preservation, N 6 No 00 06009 0 0 a 0 0 0 5 6 0 0 6 0 309
App. A. Undesirable Trees ...................... . . . . 327
App. B. Desirable Trees N 0 0 9 # a 329
App. C. Caculating Tree Pr!)+nn+,,,,, r7,.,,
�. ""Ilu.. 334
App, D, Tree Protection Area Signage ... . . . . . . .. . .. . 353
6. Buildings and Building Regulations ............ 0 , , .. , , , , , 367
Art. I. In General .... .
367
Art. II. Administration . .
Div. 1. Generally ........ 3(7
367
Div. 2. Reserved..
Art. III. Building Construction Standards 384
Art. IV. Electrical, Plumbing, Mechanical and Gas ... 390.4
Art. V. Fences, Walls Hedges . .
Art. VI. Swimming Pools .. 390.4
Art. WIN Citations; Unlicensed Contractors; Failure to 391
Obtain Building Permit .................. . . 393
Art. VIII. International Property Maintenance Code
396
Fire Prevention and Protection...........,
Art. I. Fire and Emergency Medical Services....... , . 435
Art. II. In General ......... oqo#*%Oq5*o Not 435
Art. III. Local Amendment to the Florida Fire Preven-
tion Code . 436
Art. IV. Fire Hydrants .............................. 437
Flood Damage Prevention.... .
Art. I. In General 493
Art. II. Administration .......01
Art. III. Standards . ................ " ' • • • 501
Land Development . 6 9 , , .. , , ,
55
Art. I. In General ,% 5
Art. II. Procedure for SecuringA 561
Approval of Plans and
Plats. %........................ 564.2
Div. 1. Generally , " '
0 0 ' N ' ' ' ' 564.2
Div. 2. Preliminary Plan ....... *soot
No 4*2
Div. 3. Final Development Plan, Final Plat ...... 5 66
Art. III. Design Standards ............ 569
Div. 1. Generally ............................... 569
Supp, No. 26
X
TABLE OF CONTENTS—Cont'd.
Page
Chapter
Div. 2. Lots and Blocks ......................... 571
Div. 3. Streets and Alleys ...................• 572 572
Art. IV. Required Improvements .. • • • • • 576
Div. 1. Generally .......................... • • 576
Div. 2. Streets and Bridges .................... .
582
Div. 3. Sidewalks, Driveways, Curbs and Gutters. 582 1
Div. 4. Drainage. 584A
Div. 5. Utilities ........................... • 585
Div. 6. Off -Street Parking and Loading ......... .
Div. 7. Dumpsters ..........................• 591
Art. V. Design Standards ......... • • • • • • • " " " 592
04
Art. VI. Reserved ...............................•
Art. VII. Uniform Building Numbering System . • • 604
60
Art. VIII. Impact Fees ........................ • . • • • 606
Div. 1. Generally ........................... • 606
Div. 2. Transportation Facilities ................ .
Div. 3. Police, Fire, and Parks and Recreation. • • 625
Div. 4. Reserved ................631
63
Art. IX. Vested Rights ... .......•••• " •..... 638
Art. X. Concurrency Administration and Evaluation
Procedure 638
Div. 1. Overview and Exemptions .......... • • • • • 641
Div. 2. Levels of Service Standards (LOS).... • • • • 643
Div. 3. Concurrency Administration ...... a • • • • • 644
Div. 4. Appeal Procedures* 6 0 * * 9 0 6 a 0 6 4 6 9 0 6 0 * 6 0 0 6 a
Div. 5. Transportation Facility Proportionate Fair- 644.1
Share Mitigation Program .. • • • • • • ' ' ' ' ' ' ' 644.6
Art. XI. Nonconformities ............................
Art. XII. Minimum Community Appearance and 649
Aesthetic Review Standards ............. a .
10. Licenses and Business Regulations ..................... 693 695
Art. I. In General ................................ 695
Art. II. Local Business Tax Receipts ................ .
Art. III. Sexually Oriented Businesses and Adult 696
Entertainment Establishments .......... • 735
Art. IV. Amusements ............................. • 735
Art. V. Peddlers and Solicitors and Miscellaneous Sales 735
Art. VI. Secondhand Precious Metals ........... • • 738
Art. VII. Pain Management Clinics* ................ .
11. Miscellaneous Offenses ................................
• 721
12. Motor Vehicles and Traffic .......................... • 815
81
Art. I. In General ..............................• •• Art. II. Administration ......................... • 818
818
Art. III. Regulations ...... ....................... 20
Div. 1. Generally ...........................•••• 0
82
Div. 2. Stopping, Standing, Parking . • • • • • • • ' ' ' ' ' 822
Div. 3. Operation of Golf Carts ................. .
Supp. No. 26 xi
WINTER SPRINGS CODE
Chapter
Page
Art. IV. Red Light Code Enforcement Infraction...... 826.1
Art. V. Impoundment of Motor Vehicles. 0 9 a 0 0 0 9 a a 9 4 0 a 829
13. Nuisances
.................................. 873
Art. I. In General
Art. II. Noise .................................. 875
.............
Div. I. Generally .................0 879
879
Div. 2. Powers and Duties of Noise Control Officer
88
Div. 3. Prohibited Acts..
Div. 4. Exceptions and Variances . 883
884
Div. 5. Sound Levels by Receiving Land Use ..... 885
Div. 6. Measurement Procedures ................ 885
Div. 7. Enforcement . 0 0 0 0 0 0 0 0 0 ...... 6 , 886
Art. III. Fire and Security Alarms........ 9 a 0 0 t 0 0 0 0 a a 887
Art. IV. Miscellaneous Nuisances. .
Art• AT Pu'Nli; NuiStttil e Abatement tSoard 889
890
14. Personnel....
................................. 931
Art. I. In General.
Art. II. Old Age and Survivors Insurance...... 933
933
Art. III. Pension flan
15. Planning
Art. I. In General .. " " 985
Art. II. Comprehensive Plan ... 987
987
Art. III. Comprehensive Plan Amendments .
••••••••• 987
16. Signs and Advertising .............. .
Art. I. In General • • ' • ' • " " " " .. 1041
Art. II. Distribution of Handbills and Periodicals. , 1043
Art, III. Signs ................ '•• 1043
Div. 1. Generally ............... . . ••••0 9 • 0 • ' " ' 1045
45
Div. 2. Standards.,Notate ''•'•'''•0 1052
17. Streets, Sidewalks and Other Public Places ............. a 1101
Art. I. In General ..... , ...... • , . , , 1103
II
Art. . Streets . .................................. 1103
Art. III. Sidewalks ....................... 0 0 0 a 0 0 0 0 0 0 1105
Art. IV. Excavations . a a a 0 t a a 0 0 0 0 0 0 9 0 0 0 4 0 1105
Art. V. City Parks and Recreational Areas ........... 1106
18. Taxation .
.................................. 1157
Art. I. In General
Art. . Municipal Public Service Tax . • a o • ' • ' 1159
II
Art. III. Local Improvements Assessments. 0 0 9 0 a 0 0 0 9 9 1162
Div. 1. Generally ......... , a 4 0 9 1162
Div. 2. Assessed Areas and Advisory Committees, 1164
Div. 3. Local Improvement Assessments ......... 1166
Div. 4. Related Service Assessments ............ 0 1169
Div. 5. Collection of Assessments ................ 1173
Div. 6. Issuance of Obligations ................ s , 1175
Div. 7. General Provisions .................. a , , , 1176 to
Supp. No. 26
Xll
TABLE OF CONTENTS-Cont'd.
Chapter
Div. 8, Specific Special Assessment Disticts and
Areas...................................
Art. IV. Fire Rescue Assessment ...................
Div. 1. Introduction ............................
Div. 2. Annual Fire Rescue Assessments ........ .
Div. 3. Collection and Use of Fire Rescue Assess-
ments..................................
Div. 4. General Provisions .................•••••
19. Utilities ...............................................
Art. I. Solid Waste .................................
Art. II. Wastewater System ........................ .
Div. 1. Generally ...... .....................toss
Div. 2. Administration ....................... • • .
Div. 3, Use Regulations .........................
Div. 4. Rates, Fees and Charges ................ .
Div. 5. Sewerage Revenue Generation System... .
Art. III. Reclaimed Water System .................. .
Art. IV. Potable Water Supply .....................•.
Div. 1.
Div. 2. Cross -Connection Control, Backflow Preven-
tion.....................................
Art. V. Stormwater Management Utility ............
Art. VI. Water Shortage Conditions and Shortages .. .
Art. VII. Water Conservation and Landsacape Irriga-
tion........................
Art. VIII. Utility Protection and Enforcement ...... 0
Art. IX. Proper Use of Fertilizers ...................
20. Zoning .................................................
Art. I. In General ..................................
Art. II. Administration ...........................
Div. 1. Procedure; Land Use Decisions .......... .
Div. 2. Planning and Zoning Board ............. .
Div. 3. Reserved ................................
Art. III. Establishment of Districts ................. .
Div. 1. Generally ...............................
Div. 26 R-lAAA Single -Family Dwelling Districts .
Div. 3. R-CI Single -Family Dwelling District .... .
Div. 4. R-lAA and R-1A One -Family Dwelling
Districts. ••••••••••••"""""'
Div. 5. R-1 One -Family Dwelling Districts ...... .
Div. 6. R-3 Multiple -Family Dwelling Districts ...
Div. 7. C-1 Neighborhood Commercial Districts . .
Div. 8. C-2 General Commercial District ........ .
Div. 8.56 I-1 Light Industrial District ...........
Div. 9. R-U Rural Urban Dwelling Districts ..... .
Div. 10. T-1 Trailer Home Districts ............. .
Div. 11. R-T Mobile Home Park Districts ....... .
Div. 12. Town Center District Code ............ • .
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No. 26 xiil
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WINTER SPRINGS CODE
Chapter
Page
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 .......... .
Div. 1. Generally ............. 0 , 1355
Div, 2. Motor Vehicles a 9 0 9 9 " 0 " " " ' 1355
Div. 3. Siting and Regulation of 1359
Telecommunications Towers .............. 1370.3
Div. 4. Regulation of Home Occupations or Home
Offices . 1380
Art, VI. S.R. 434 Corridor Vision Plan. .
Div, L S.R. 434 Corridor Overlay District........ 1382
Div. 2. General Design Standards for New Develop-
ment Area ....................Innn
Div. 3, Reserved.. ..... 1cJCG'
Div. 4. Reserved " " ' 1386
1386
Code Comparative Table-1974 Code,,, , , , , , , 2091
Code Compnr^tive Table-Or°dinalices ... 2093
State Law Reference Table 2145
Charter Index .... 2197
Code Index .......,
3101
Supp. No. 26
X1V
Checklist of Up -to -Date Pages
is checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page -for -page
substitution basis, it has become evident that through usage and supplementation many
pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to determine
whether the Code volume properly reflects the latest printing of each page.
In the first column all page numbers are listed in sequence. The second column reflects
the latest printing of the pages as they should appear in an up-to-date volume. The letters
"OC" indicate the pages have not been reprinted in the Supplement Service and appear as
published for the original
column reflect the identification umber or
Supplement Service, this 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.
Pa a No. Supp. No.
Page Not, Supp 22 77,78 4
Title page 7980 OC
25 v, vi OC 81, 82 OC
4
vii, viii OC 83
26 133, 134 23
ix, x 23
xi, Noto ll 26 135, 136 17
xlil, xi137, 138
v 26 25
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1, 2 16 140.2.1, 140.2.2 23
3, 4 16 140.3, 140.4 6 23 23
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9, 10 16 140.9, 140.10 23
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WINTER SPRINGS CODE
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WINTER SPRINGS CODE
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22 3116.1 26
1350.1, 1350.2 22 3117, 3118
1351, 1352 24
20 3119 24
1353, 1354 20 3121, 3122
135531356 26 3123 18
1357, 1358 26 3125, 3126 26
1359, 1360 26 3127, 3128 23
1361,1362 26 312% 3130 22
20
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[7]
Supp. No. 26
2019-07
2019-08
2019-09
Supp. No. 26
SUPPLEMENT HISTORY TABLE
26
13-19 Include 26
5-
5-13-19 Include
Include26
6-10-19
SH:3
Chapter 6
BUILDINGS AND BUILDING REGULATIONS*
Article I. In General
Sec. 6-1. Purpose.
Sec. 6-2. Compliance with chapter.
Sec. 6-3. Use of building erected or altered in violation of chapter.
Sec. 64. Violations.
Sec. 6-5. Authority of building official to stop work if contrary to public
welfare.
Sec. 6-6. Energy efficiency code adopted.
Secs. 6-7-6-30. Reserved.
Article II. Administration
Division 1. Generally
Sec. 6-31. Administrative amendments to Chapter 1 of the Florida Build-
ing Code.
Sec. 6-32. Administrative amendments to Chapter 2 of the Florida Build-
ing Code.
Sec. 6-33. Local wind speed design criteria.
Sec. 6-34. Adoption of Florida Building Code appendices.
Secs. 6-35-645. Reserved.
Division 2. Reserved
Secs. 6-46-6-80. Reserved.
Article III. Building Construction Standards
Sec. 6-81. Florida Building Code adopted.
Sec. 6-82. Reserved.
Sec. 6-83. Television dish antennas.
Sec. 6-84. Accessory buildings.
Sec. 6-85. Accessory dwelling units.
Sec. 6-86. Screen enclosures/rooms.
Sec. 6-87. Temporary storage structures.
Sec. 6-88. Construction site management.
Secs. 6-89-6-100, Reserved.
Article IV. Electrical, Plumbing, Mechanical and Gas
Sec. 6-101. Electrical, plumbing, mechanical and gas work.
Secs. 6-102-6-185. Reserved.
*Cross references —Code enforcement board to enforce certain ordinances of the city, § 2.56 et seq.; beautification board,
§ 2-76 et seq.; annexations and rezonings, § 2-116 et seq.; arboreal standards of the City of Winter Springs, Ch. 5; regulations
regarding landscaping applicable to privately held property, § 5-3; fire prevention and protection, Ch. 7; fire code adopted, § 7-46
et seq.; fire hydrant requirements, placement and maintenance, § 7-76 et se flood damage prevention, Ch. 8; land development,
Ch. 9;; fire y building numbering system, § 9-370 et seq.; impact fees, § 9-386 et seq.; licenses and business regulations, Ch. 10;
nuisances, uniform
building
13; fire and security alarms, § 70 1 et seq.; planning, Ch. 15; comprehensive plan, § 15.26 et seq.; signs and
advertising, Ch. 16; sign construction standards, § 16-76 et seq.; excavation standards and requirements, § 17 76 et seq.; utilities,
Ch. 19; zoning, Ch. 20.
State law reference —Building construction regulations, F.S. ch. 553.
Supp. No. 99 365
WINTER SPRINGS CODE
Article V. Fences, Walls, Hedges
Sec. 6-186. Permit required.
Sec. 6-187. Construction materials.
Sec. 6-188. Exceptions to section 6.187.
Sec, 6-189. When barbed wire permissible.
Sec. 6490. Height limitations generally,
Sec. 6-191. Corner lots.
Sec. 6492. Utility easements.
Sec. 6-193. Distance from property line.
Sec. 6-194. Article provisions not controlling; exception,
Sec. 6-195. Maintenance of fences or walls.
Secs. 6-196-6-209. Reserved,
Article VI. Swimming Pools
Sec. 6-210, Florida Building Code,
Sec, 6-21L Definitions.
Sec. 6-212. Application for permit; plans and specifications.
Sec. 6-213, Inspections.
Sec, 6-214. Contractor's qualifications.
Secs. 6-215-6-218. Reserved.
Sec, 6-219. Yards.
Sec. 6-220. Pool removal.
Sec. 6-221. Reserved.
uec. 6-222. 1V uisances.
Sec. 6-223. Conflict with deed restrictions.
Secs. 6-224-6-239. Reserved,
Secs, 6-240-6-249. Reserved,
Secs, 6-250-6-258. Reserved,
Article VII. Citations; Unlicensed Contractors; Failure to Obtain
Building Permit
Sec, 6-270. Intent and purpose.
Sec. 6-271, Findings.
Sec, 6-272. Citation authorized for construction contracting violations.
Sec, 6-273. Citation form.
Sec. 6-274, Penalty.
Sec, 6-275. Refusal to sign citation.
Sec. 6-276. Stop work.
Sec. 6-277. Correction of violation; payment of penalty; notice of hearing.
Sec. 6-278. Administrative hearings; accrual of penalties.
Sec. 6-279. Appeals of code enforcement board or special magistrate deci-
sions.
Sec. 6-280. Recording code enforcement board or special magistrate orders.
Sec. 6-281. Notices.
Secs. 6-282-6-299. Reserved,
Article VIII. International Property Maintenance Code
Sec. 6-300. International Property Maintenance Code adopted.
Sec. 6-301. Supplemental; minimum standards.
Sec. 6-302. Preemption; Florida Building Code; Florida Fire and Life Safety
Code,
Supp, No. 26
366
BUILDINGS AND BUILDING REGULATIONS
§ 6-31
Roof coverings (including In Progress tion agencies, provided such agencies satisfy the
® as necessary) requirements as to qualifications and reliability.
Flashing SECTION 113 BOARD OF APPEALS
5. Final inspection. To be made after the 113.1 Construction Board of Adjustment and
building is completed and ready for Appeals. There is hereby established a board to
occupancyo be called the construction board of adjustments
In flood hazard and appeals, which shall consist of the five (5)
5.1. Lowest floor elevation. of the lowest floor, members of the Winter Springs City COMMIS-
areas, upon placement si
including the basement, and prior to on. The term of office for each of the five (5) further vertical construction, the eleva- seats which comprise the board of adjustments
and appeals shall be the term of office for the
tion certification required in Section commissioner who occupies that particular seat.
1612.5 shall be submitted to the building Vacancies shall be filled for an unexpired term in
official. the same manner in which commission seat
6. Swimming pool inspection* vacancies are filled under the terms of the City
First inspection to be made after excava- Charter for the City of Winter Springs as well as
tion and installation of reinforcing steel, the Winter Springs Code of Ordinances.
bonding and main drain and prior to 113.2 Powers. The Construction Board of
placing of concrete shell. Adjustments and Appeals shall have the power,
Underground electric inspection. further defined in 113.3, to hear appeals of
Underground piping inspection includ-
decisions and interpretations of the building
official.
ing a pressure test
Deck inspection: to be made prior to
113.3 Appeals.
installation of the deck material (with 113.3.1 Decision of the building official. The
forms, deck drains, and any reinforce- owner of a building, structure or service system,
ment in place or his or her duly authorized agent, may
Safety Inspection: Made prior to filling appeal a decision of the building official to the
the pool with the bonding connections Construction Board of Adjustment and Appeals
made, the proper drain covers installed whenever any one of the following conditions
and the final barriers installed.
are claimed to exist:
1. The building official rejected or
Final inspection to be made when the refused to approve the mode or
swimming pool is complete and all
manner of construction proposed to
required enclosure requirements are in be followed or materials to be used
place. In order to pass final inspection in the installation or alteration of a
and receive a certificate of completion, a residential swimming pool must meet building, structure or service system.
the requirements relating to pool safety 2. The provisions of this code do not
features as described in Section 424.2.17. apply to this specific case.
3. That an equally good or more desir-
able form of installation can be
110.3.10 Final inspection. The final inspec- employed in any specific case.
tion shall be made after all work required by the 4. The true intent and meaning of this
building permit is completed. code or any of the regulations there
under have been misconstrued or
110.4 Inspection agencies. The building official incorrectly interpreted.
is authorized to accept reports of approved inspec-
Supp. No. 26
377
WINTER SPRINGS CODE
113.3.2 Notice of appeal. Notice of appeal
shall be in writing and filed within 30 calendar
days after the decision is rendered by the
building official. Appeals relating to provi-
sions of the Florida Building Code, other than
local amendments, may be appealed to the
Florida Building Commission, pursuant to
section 120.569, Florida Statutes, regarding
the local governments action. Notice of
Administrative Rights may be obtained from
the building division.
113.3.3 Decisions. The Construction Board of
Adjustment and Appeals shall, in every case,
reach a decision without unreasonable or
unnecessary delay. Each decision of the board
shall also include the reasons for the decision.
If a decision of the board reverses or modifies
a refusal, order, or disallowance of the build-
ing official or varies the application of any
provision of this code, the building official
shall immediately take action in accordance
with such decision. Every decision shall be
promptly filed in writing in the office of the
building official and shall be open to public
inspection. A certified copy of the decision
shall be sent by mail or otherwise to the
appellant and a copy shall be kept publicly
posted in the office of the building official for
two weeks after filing. Every decision of the
board shall be final, subject however to such
remedy as any aggrieved party might have at
law or in equity.
SECTION 114 VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for
any person, firm or coiforation to erect, construct,
alter, extend, repair, move, remove, demolish or
occupy any building, structure or equipment
regulated by this code, or cause same to be done,
in conflict with or in violation of any of the
provisions of this code.
114.2 Notice of violation. The building official
or any city law enforcement officer or code
enforcement official is authorized to serve a
notice of violation or order on the person
responsible for the erection, construction, altera-
tion, extension, repair, moving, removal, demoli-
tion or occupancy of a building or structure in
violation of the provisions of this code, or in
Supp. No. 26
378
violation of a permit or certificate issued under
the provisions of this code. Such order shall
direct the discontinuance of the illegal action or
condition and the abatement of the violation.
114.3 Prosecution of violation. If the notice of
violation is not complied with promptly, the
building official, law enforcement officer or code
enforcement official is authorized to pursue code
enforcement proceedings, request the city's legal
counsel to institute the appropriate proceeding
at law or in equity to restrain, correct or abate
such violation, or to require the removal or
termination of the unlawful occupancy of the
building or structure in violation of the provi-
sions of this code or of the order or direction
I" r„�ua.t *i _ ,
i� "'ro'sw121 C LU.
114.4 Violation penalties. Any person who
violates a provision of this code or fails to comply
with any of the requirements thereof or who
e=°ects, constructs, alters or repairs a building or
structure in violation of the approved construc-
tion documents or directive of the building official,
or of a permit or certificate issued under the
provisions of this code, shall be subject to penal-
ties as prescribed by law.
SECTION 116 UNSAFE STRUCTURES AND
EQUIPMENT
116.1 The standards and enforcement
procedures applicable to unsafe structures and
equipment shall be governed by the International
Property Maintenance Code, 2006, as adopted by
Article VIII of this Chapter.
(Ord. No. 2001.57, § 2, 12-10-01; Ord. No.
201245, § 2, 10-842; Ord. No. 2019.08, § 3,
5-13-19)
BUILDINGS AND BUILDING REGULATIONS
tion in subsection (a), the modified screen
enclosure/room shall meet all building setback
and height requirements that are applicable to
principal and accessory buildings for the subject
property.
(Ord. No. 2002-31, § 3, 10-28-02; Ord. No.
2010-08, § 2, 10-2540; Ord. No. 201245, § 2;
10-842)
Note —Formerly numbered as § 6-85.
Sec. 6-87. Temporary storage structures.
(a) Definition: For purposes of this section,
"temporary storage structure" shall mean a
structure designed and used primarily for stor-
age of building materials, household goods, and
other such material; and that is not intended for
permanent installation.
(b) A supplier of a temporary storage structure
shall obtain a permit issued by the building
department prior to supplying and installing or
aRowing to be installed a temporary storage
structure within the City of Winter Springs. The
permit shall be limited to a specific address and
shall allow the installation at such address for a
maximum of seventy-two (72) consecutive hours.
Permits shall also be limited to a maximum of
two (2) per any twelve-month period for any
specific address. A permit fee shall be required
by resolution of the city commission and col-
lected by the city. The permit shall contain the
date and time of issuance, the name of the
person to whom the temporary storage structure
is supplied, and the address at which the
temporary storage structure will be installed.
Notwithstanding the foregoing seventy-two hour
time limit, the city may permit the use of a
temporary storage structure, on a property that
currently contains a commercial use, for the
entire time period beginning October 15 and
ending January 31 of the immediately following
calendar year if such temporary storage structure
is used to store seasonal deliveries and golf carts
utilized by seasonal delivery personnel as
authorized by section 316.2126(3)(a) Florida
Statutes.
(c) In the event of a tropical storm or hur-
ricane watch issued by the National Weather
Service, the city shall have the right to order the
supplier to remove the temporary storage
Supp. No. 26
structure by providing the supplier at least
twenty-four (24) hours' notice of removal. In the
event of a tropical storm or hurricane warning
issued by the National Weather Service, the
temporary storage structure shall be immediately
removed by the supplier after the warning being
issued. In such situations, the city shall have the
right to enter the property and remove the
temporary storage structure if the supplier does
not remove the temporary storage structure as
required by this subsection. The supplier shall
be liable for all removal costs incurred by the city
and failure to pay said costs, upon demand by
the city, shall constitute a code violation and
shall result in a lien being imposed pursuant to
Chapter 162, Florida Statutes, in the amount of
said costs.
(d) For good cause shown by the owner of the
property at which the temporary storage structure
will be supplied, the time periods set forth in
subparagraph (b) may be extended by the city
manager. The duration of the extension shall be
reasonably related and proportionate to the cause
shown but shall not exceed more than thirty (30)
days per extension. Good cause shall be limited
to emergencies and situations where there exists
a reasonable risk or threat to life and property
damage.
(Ord. No. 2001-16, § 1) 7-9-01; Ord. No. 2010-08,
§ 2, 10-25-10; Ord. No. 2011-04, § 2, 244-11;
Ord. No. 2014-24, § 2, 10-27-14; Ord, No. 2014-
24, § 21 10-27-14)
Sec. 6-88. Construction site management.
Unless otherwise preempted by state or federal
law, the following construction site management
requirements shall apply to construction projects
within the jurisdictional limits of the city:
389
(1) Construction management plan. The build -
official may require a detailed manage-
ment plan and completion schedule prior
to the approval of a building permit or
during the process of completing any
active or inactive construction or demoli-
tion project. The management plan shall,
at a minimum, provide specific informa-
tion outlining the location of construc-
tion worker parking, construction
equipment, material storage and
WINTER SPRINGS CODE
temporary structures on the site under
construction or on nearby properties, and
methods of debris removal including
compliance with the city's waste franchise
agreement. Additionally, traffic routes to
and from the site, pedestrian safety bar-
riers and fencing shall be included on the
management plan and shall be identified
for approval. The management plan must
also reflect where displaced public or
private parking is temporarily located
during the term of the project to the
maximum extent feasible. The plan is
subject to review and approval by the
building official. Failure to comply with
the approved management plan shall
cnntit,�t� ;, lutiGli ufiilie 5eC[1011. The
approved management plan must be kept
at the construction site and be available
at all times during the construction
process and be made available to the
building official or city inspectors.
(2) Temporary toilet facilities for workers.
Suitable temporary toilet facilities as
determined by the building official in
reliance upon normal industry standards
shall be provided and maintained in a
sanitary condition for the use of workers
during construction. Such facilities may
include a temporary hook-up to the city
sewer system or a portable toilet unit
and shall only be located on the construc-
tion site after the building permit has
been issued and construction has com-
menced. If construction becomes inactive
on the site for more than a two -week
time period, the building official may
require that the temporary toilet be
removed from the site until such time
reasonable assurances have been provided
that active construction has resumed on
the site. Such facilities shall be regularly
cleaned and provided in a well -ventilated
location and shall be placed at least
fifteen (15) feet from the side property
line of the lot on which it is located where
practical, may not be placed in the public
right-of-way and shall be screened from
view when required and to the extent
practicable. The location of temporary
Supp. No. 26
390
toilet facilities on the property may be
changed by the building official to
recognize unique conditions or a less
offensive location for pedestrians and
neighbors.
(3) Contractor/owner responsibility. The
contractor and owner of any active or
inactive construction project shall be
responsible for the clean-up and removal
of all construction debris or any other
miscellaneous discarded articles during
the entire duration of the construction
project and prior to receiving final inspec-
tion approval. Construction job sites must
be kept clean, free of overgrown weeds
and b "uc c�c twelve (2) inches in
height, and the accumulation of construc-
tion debris must not remain on the
property for a period of time exceeding
ten (10) days. The aecumulation of trash
and litter and other miscellaneous
discarded articles not constituting
construction debris (e.g., cans, bottles,
food products and containers, papers,
towels, clothing, plastics, etc.) must also
be cleaned daily and placed in a separate
on -site receptacle. Trash and litter shall
not be discarded in construction debris
containers and roll -offs. The on -site litter/
trash receptacle service must be paid for
by the contractor and emptied at least
once a week by the city's solid waste
franchise hauler or more often in a timely
fashion so there is no overflow of trash
and litter. Off -site trash and litter gener-
ated by the contractor and workers must
be picked -up and cleaned daily and placed
in the on -site trash/litter receptacle. Public
trash receptacles are not intended to
handle trash and litter generated from
construction sites so the contractor and
workers shall not use such receptacles
for their trash. The contractor is
responsible for their workers overburden-
ing public off=site trash receptacles located
near the construction site. Dust created
during construction or demolition must
be contained on the site or close proxim-
ity to building or structure through wet-
ting down the dust or materials or through
BUILDINGS AND BUILDING REGULATIONS
order of the building official in
the use of any alternate means that anticipation of a storm emergency;
prevents dust from leaving the property. all construction materials, includ-
Violation of any of these conditions shall i
e building official to place a n roof tiles, on all project sites
authorize thwithin the city shall be secured and
stop work order on such jobs in violation stored on -site in a safe manner or
of this section and require removal of removed so that no material can
debris and overgrowth, and correction of become a safety hazard with hur-
dust accumulation on site and adjacent ri
properties or streets. cane or tropical storm force winds.
b. Notice. Media broadcasts or notices
(4) Final site clean-up; repair damage to issued by the National Weather
public property. The contractor and owner, Service or National Hurricane Center
upon completion of a building or construc- of an approaching tropical storm or
tion project, shall immediately remove a hurricane is hereby deemed notice
all walkways, debris and all other obstruc- to the owner or contractor. The owner
tions and leave such public property in and contractor are responsible for
as good a condition as it was before work the project site securing on -site
was commenced and shall replace all or removing from the site any
broken curbs, sidewalks or other dam- construction materials or debris or
aged public utilities or property to the trash and litter to protect against
satisfaction of the building official prior the effect of hurricane or tropical
to obtaining a certificate of occupancy/ storm force winds. By holding a
completion or within fourteen (14) building permit during hurricane
calendar days from notification if no season, the contractor shall monitor
certificate of occupancy/completion is the National Weather Service and
issued. Failure to correct damaged public the National Hurricane Center for
property will result in the city taking weather emergencies*
action to make corrections and all costs
incurred will be charged to the contrac. c. Inspection. A pre -storm inspection
for and owner, and a lien will be placed shall be required for all active
against the property for the costs of construction sites involving exterior
repairs. work and/or exterior storage of
materials. The owner and contrac-
(5) Requirements during weather emergency. for shall be responsible for insuring
It is the responsibility of the owner and that the construction site has passed
contractor to have removed construction inspection prior to the issuance of a
materials from the project site or secured tropical storm warning or hurricane
construction materials at the project site warning. The owner or contractor
at least forty-eight (48) hours prior to the shall be available by phone until
predicted landfall of a tropical storm or the site has passed the pre -storm
hurricane until the time set forth in inspection.
subsection (5)h., below.
d. Materials stockpiled on -site. Materi-
a. Applicability. At least forty-eight (48) als stockpiled on any construction
hours prior to the predicted landfall site shall be handled as follows:
of a tropical storm or hurricane for 1 Band construction materials
any portion of Seminole County
together and fasten them to
Florida, as determined by the the structure in such a manner
National Weather Service, National to prevent the material from
Hurricane Center or appropriate becoming airborne during a
weather agency or as provided in tropical storm or hurricane; or
the city's emergency plan; or upon
Supp. No. 26 390.1
WINTER SPRINGS CODE
2. Remove construction materi- (6) Temporary construction fence. A temporary
als fi om the top of the structure construction fence screening the construc-
and secure them to the ground; tion site shall be erected and maintained
or in good order at all times. The temporary
3. Remove construction materi- construction fence shall be erected and
als from the project site; or completely in place as a requirement for
the issuance of a building permit and
4. Store construction materials prior to the beginning of construction
inside a structure if said activities. The temporary construction
structure is secure from tropi' fence shall be removed when construc-
cal or hurricane force wind tion has been completed. The temporary
loads. construction fence shall be six (6) feet
e. Dumpsters. The contents of construe- chainlink fence with a screening mate-
tion site dumpsters must be removed rial attached to visually screen and
or weighted and secured with rope, minimize impact to neighboring proper -
mesh or other durable, wind resistant ties which may be affected by censtrne-
material. tion site dust and debris. The chainlink
and screening material must be
f. Temporary toilets. Temporary constructed and maintained at ground
portable toilets shall be secured to level to mitigate against ground level
the structure; dumpster o7• Mptied we Idblown dust and materials being blown
and laid horizontal and secured to off -site. If the construction site is located
the ground. on an arterial or collector road, and is not
located within an existing residential
g. Roofing materials —Hurricane area, the screening material facing the
season. During the National Weather Service designated hurricane seasonarterial or collector road may temporar-
,
ily depict on -site information about the
building or roofing materials shall
project, provided the information is limited
not be loaded on a roof earlier than
ten (10) working days on no more than twenty-five (25) percent
g y prior to the of the screening material facing the arte-
permanent installation of the materi- als. rial or collector road. A fence permit is
required to be issued for the temporary
h. Material capable of becoming construction fence, and the fence installed,
airborne. Construction materials, inspected, and the fence permit must be
debris or any material capable of closed -out by the building official prior to
becoming airborne shall remain the issuance of a building permit.
secured and stored on the project a. A temporary construction fence will
site or shall be removed from the be required for all new construc-
project site until the National tion, demolitions and substantial
Weather Service, National Hur-
ricane Center, or the city through renovations unless the building
official determines all or portion of
local action has removed all por- the fencing is not required to protect
tions of the city from those areas
included in a tropical storm warn-
ing or hurricane warning. Contrac- be Work being done within the unit is
tors shall not resume construction exempt from this requirement.
on any construction site until the c. Individual lots being constructed in
site is brought into compliance with
the construction site management a new residential or commercial
plan. subdivision are exempt from being
individually screened under the
Supp, No. 26
390.2
BUILDINGS AND BUILDING REGULATIONS
requirements of this section.
However, the outer perimeter of the
new subdivision is subject to the
requirements unless otherwise
determined by the building official
pursuant to subsection a., above.
d. Work on pools, pool installations or
substantial renovations will require
a temporary construction fence at
all times to avoid health and safety
hazards. Also pools undergoing
renovations and new pools being
installed must be emptied of
accumulated water at all times.
(7) Erosion and run-off control. In compli-
ance with the city's National Pollution
Discharge Elimination System (NPDES)
permit requirements, prior to beginning
any clearing, grubbing, or construction
activities, as part of the building permit
process, the contractor shall submit a
plan (erosion and sediment control plan)
detailing the location and handling of
materials, soils and outlining the actions
to be taken to prohibit run-off of dirt,
sand, fluids, vegetation or any other item
into the city's stormwater system or onto
adjacent property, roadways and
waterways. Piles of soil, erected barriers,
temporary detention areas, or any other
methods approved by the city, shall
provide for a containment area to reduce
run-off.
(8) Violations; enforcement.
a. The contractor and property owner
shall be joint and severally
responsible and liable for the require-
ments of this section and any viola-
tion thereof.
b. Failure to abide by the provisions of
this section shall constitute a viola-
tion of the City Code, and are subject
to the enforcement procedures and
penalties set forth in chapter 2,
division 2 of the City Code. Each
day a violation continues shall be
deemed a separate violation.
Supp. No. 26
c. A violation may be enforced by the
building official or designee through
the issuance of a stop work order in
accordance with the procedures in
the Florida Building Code; or an
order to repair, restore or demolish
the work, to vacate the premises, or
otherwise abate the violation.
d. Any violation of this section is subject
to abatement as a public nuisance.
e. The provisions of this subsection
are cumulative with and in
additional to any other remedy
provided by law.
f. The city may recover as costs of
repairs or compliance, the costs
associated with the city securing job
sites and correcting any violation of
this section. Failure of the contrac-
tor or owner to reimburse the city
for said costs within thirty (30) days
of written notice by the city, the city
may collect said costs in accordance
with law and the costs shall also
constitute a lien on the property
until paid in full.
(Ord. No. 2019-08, § 2, 5-13-19)
Secs. 6-89-6-100. Reserved.
ARTICLE IV. ELECTRICAL, PLUMBING,
MECHANICAL AND GAS*
Sec. 6-101. Electrical, plumbing, mechani-
cal and gas work.
All electrical, plumbing, mechanical and gas
work shall be performed and completed in
accordance with the most recently adopted ver-
sion of the Florida Building Code.
(Ord. No. 2012-15, § 2, 10-8A2)
Secs. 6-102-6-185. Reserved.
*Editor's note —Ord. No. 2012-15, adopted Oct. 8, 2012,
amended former Art. IV, §§ 6-101-6-104, in its entirety to
read as herein set out. Former Art. IV pertained to electric-
390.3
§ 6-186 WINTER SPRINGS CODE
ARTICLE V FENCES, WALLS, HEDGES* (e) Decorative PVC or aluminum, structur-
Sec. 6-186. Permit required.
Plans showing the location of any proposed
fence or wall in excess of one hundred dollars
($100.00) cumulative value and the type of
construction shall be submitted to the building
official and a permit obtained therefore from the
building official.
(Code 1974, § 5422; Ord, No. 2012.15, § 2,
10-842)
Sec. 6-187. Construction materials.
Fences and walls constructed within the city
shall conform to one (1) of the following;
(a) Wood fences constructed of rot -and
termite -resistive species of wood or chemi-
cally pressure -treated to resist rot and
termite attack.
(b) Street posts and wire fabric fences with
fabric of a minimum of eleven gauge
galvanized or other non -corrodible metal.
(c) Ornamental iron.
(d) Ventilated concrete or masonry.
ity and derived from the Cade 1974, §§ 5-53, 5-54; Ord. No.
12-6-990No. 605, §§ III-V, 11-27-95; Ord. No.
752, § I, 12-6-99.
Ord, No. 2012.15, § 2 also repealed former Arts. V-VII
in their entirety.
Former Art. V, §§ 6-126-6-129, pertained to plumbing
and derived from the Code 1974, §§ 5-71, 5-72; Ord, No. 461,
§ 2, 6-26-89; Ord. No. 517, § 3, 2-24-92; Ord, No. 605, §§ VII,
VIIl, IX, 11-27-95.
Former Art. VI, §§ 6446-6-149, pertained to the mechani-
cal code and derived from the Code 1974, §§ 5-164-5-167;
Ord. No. 461, § 3, 6-26-89; Ord, No. 517, § 4, 2-24-92; Ord,
No. 605, § XI, 11-27-95; Ord, No. 692, § II, 1-12-98.
Former Art. VII, §§ 6-165-6469, pertained to unsafe
buildings and derived from the Code of 1974, §§ 5-89-5-90;
Ord, No. 461, § 4, 6-26-89; Ord. No. 2001-57, § 2, 12-10-01.
Cross references -Electrical requirements for installa-
tion of swimming pools, § 6-220; plumbing requirements for
swimming pools, § 6-221; fire prevention and protection, Ch.
7 obstruction of fire hydrants prohibited, § 7-4; fire hydrant
requirements, placement and maintenance, § 7-76 et seq.;
utilities, Ch. 19.
*Editor's note -Renumbered from Art. VIII by § 2 of
Ord. No. 2012-15, adopted Oct. 8, 2012.
Cross references -Beautification board, § 2-76 et seq.;
enclosure for swimming pool required, § 6-217; land develop-
ment, Ch. 9; zoning, Ch. 20.
Supp. No. 26
390.4
ally sound to maintain spans.
(Code 1974, § 5423; Ord, No. 2001.29, § 2,
5-14-01; Ord. No. 2012.15, § 2, 10-842)
Sec. 6-188. Exceptions to section 6487.
In the R-CI (Single-family dwelling district)
zoning classification, which allows for horses,
barbed wire fences will be permitted as well as
fabric fences with fabric of less than a minimum
of eleven -gauge galvanized or other noncorrod-
ible metal.
(Code 1974, § 5424; Ord. No. 2012.15, § 2,
10-842)
Sec. 6-189. When barbed wire permissible.
In the I-1(Light Industrial) zone where security
fences are permitted, barbed wire may be used
shove six (6) f,�Ct.
(Code 1974, § 5425; Ord, No. 2012.15, § 2,
10-8-12)
Sec. 6-190. Height limitations generally.
Unless otherwise specifically provided in any
zoning district category, all walls or fences
hereafter located, erected, constructed,
reconstructed, or altered outside of the established
building lines shall adhere to the following heights:
(a) If front of the front building line, no more
than four (4) feet in height;
(b) If to the rear of the front building line,
provided the provisions of section 6491
are met for corner lots, no more than
eight (8) feet in height;
(c) Fences no more than four feet six inches
(4'6") in height may be permitted on a
case -by -case basis by the city manager to
be located in front of the building line in
zoning districts which provide for horses
and ponies or commercial riding stables
as permitted uses. Any fence approved
by the city manager under this subsec-
tion shall be constructed using non -
opaque material.
(Code 1974, § 5-126; Ord. No. 2008.06, § 2,
6-9-08; Ord. No. 2008-13, § 2, 8-25-08)
BUILDINGS AND BUILDING REGULATIONS
Sec, 6-191. Corner lots.
(a) In order to ensure visibility and safety for
pedestrians, and to provide clear sight lines for
traffic entering an intersection, no fence, wall or
other visual obstruction shall be erected, within
twenty-five (25) feet of the intersecting property
line corner adjacent to the street intersection
corners.
Supp. No. 26
390.5
§ 6491 WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 26
390.E
LAND DEVELOPMENT
Division 2. Streets and Bridges
Sec. 9-201. Standards for roadway base materials.
Sec. 9-202. Standards for the surfacing of streets.
Sec. 9-203. Street markers.
Sec. 9-204. Streetlights and traffic signs.
Sec. 9-205. Bridges.
Sec. 9-206. Right -turn deceleration lanes.
Secs. 9-207-9-220. Reserved.
sion 3. Sidewalks, Driveways, Curbs and Gutters
Sec. 9-221. Sidewalks.
Sec. 9-222. Driveways.
Sec. 9-223. Curbs, gutters, easements.
Secs. 9-224-9-240, Reserved.
Division 4. Drainage
Sec. 9-241. Stormwater management.
Sec. 9-242. Drainage facilities.
Secs. 9-243-9-260. Reserved.
Division 5. Utilities
Sec. 9-261. Requirements for water and sewer systems.
Secs. 9-262-9-275, Reserved.
Division 6. Off -Street Parking and Loading
Sec. 9-276. Definitions.
Sec. 9-277. Off-street parking requirements.
Sec. 9-278. General provisions for off-street parking.
Sec. 9-279. Off-street parking of commercial vehicles.
Division 7. Dumpsters
Sec. 9-280. Definitions.
Sec. 9-281. Minimum screening requirements.
Secs. 9-282-9-295. Reserved.
Article V. Design Standards
Sec. 9-296. Typical street sections.
Sec. 9-297. Valley gutters.
Sec. 9-298. Naming streets.
Sec. 9-299. Driveway entrances.
Sec. 9-300. Curb inlets.
Sec. 9-301. Alternate curb sections.
Secs. 9-302-9-325. Reserved.
Article VI. Reserved
Secs. 9-326-9-369. Reserved.
Article VII. Uniform Building Numbering System
Sec. 9-370. Definitions.
Sec. 9-371. Purpose.
Sec. 9-372. Establishment of system.
Supp. No. 26
557
WINTER SPRINGS CODE
Sec. 9-373. Administration and assignment of numbers.
Sec. 9-374. Posting of numbers.
Sec. 9-375, Reserved.
Sec, 9-376. Code enforcement special magistrate authority.
Secs. 9-377-9-380. Reserved.
Article VIII. Impact Fees
Division 1. Generally
Secs. 9-381-9-385. Reserved.
Division 2. Transportation Facilities
Sec. 9-386. Transportation impact fees.
Sec. 386.1. Short title, authority and applicability.
Sec. 9-386.2. Intent and purpose.
Sec. 9-386.3. Rules of construction.
Sec. 9-386.4. Definitions,
Sec, 9-386.5. Limitations on issuance of building permits.
Sec. 9-386.6. Determination of road impact fees.
Sec. 9-386.7. Road impact fee rate schedule.
Sec. 9-386.8. Independent impact fee calculation.
Sec• 9-386.9. Presumption of maximum impact.
Sec. 9-386.10. Impact agreement.
Sec. 9-3866110 Credits,
Sec, 9-386.12. Vested rights.
Sec. 9-3860130 Site -related road improvements.
Sec. 9-386614, Exemptions.
Sec, 9-386.15. Establishment of a trust fund.
Sec. 9-386.16. Collection of road impact fee assessment.
Sec. 9-386417, Use of funds collected.
Sec. 9-3860186 Return of funds.
Sec. 9-386,19, Review,
Sec, 9-386,200 Penalty.
Sec, 9-386,214 Appeals of impact fee determinations.
Secs. 9-387-9-390. Reserved,
Division 3. Police, Fire, and Parks and Recreation
Sec. 9-391. Generally.
Sec. 9-391.1. Levy and purpose.
Sec. 9-391.2. Definitions.
Sec. 9-391.3. Applicability and exemptions.
Sec. 9-391.4. Reserved.
Sec. 9-391.5. Payment of fees.
Sec. 9-391.6. Credits.
Sec. 9-391.7. Establishment of a trust fund.
Sec. 9-391.8. Capital expansion plans.
Sec. 9-391.9. Refunds.
Sec. 9-391.10. Vested rights.
Sec. 9-391.11. Penalty for violation.
Sec. 9-391.12. Appeal.
Secs. 9-392-9-395. Reserved.
Division 4. Reserved
Secs. 9-396-9-400. Reserved.
Supp. No. 26
558
LAND DEVELOPMENT
Article IX. Vested Rights
Sec. 9 401. Intent.
Sec. 9-402. Vested rights application process.
Sec. 9-403. Standards for determining vested rights.
Sec. 9404. Limitations on determination of vested rights.
Secs. 9404-9499. Reserved.
Article X. Concurrency Administration and Evaluation Procedure
Division 1. Overview and Exemptions
Sec. 9-500. Purpose of Concurrency evaluation.
Sec. 9-501. Definitions,
Sec. 9-502. Application submittal.
Sec. 9-503. Reserved.
Sec. 9-504. Change of use.
Sec. 9-505. Demolitions.
Secs. 9-506-9-509. Reserved.
Division 2. Level of Service Standards (LOS)
Sec. 9-510. Introduction.
Sec. 9-511. Potable water LOS (Reserved).
Sec. 9-512. Solid waste LOS (Reserved).
Sec. 9-513. Wastewater LOS (Reserved).
Sec. 9-514. Parks and recreation LOS.
Sec. 9-515. Storm water LOS (Reserved).
Sec. 9-516. Transportation LOS (Reserved).
Secs. 9-517-9-529. Reserved.
Division 3. Concurrency Administration
Sec. 9-530. Development review committee.
Sec. 9-531. Concurrency review.
Sec. 9-532. Conditional approvals.
Sec. 9-533. Concurrency certificate.
Secs. 5-534-5-539. Reserved.
Division 4. Appeal Procedures
Sec. 9-540. Notice of appeal.
Sec. 9-541. Appeal notice and hearing.
Sec. 9-542. Appeal of city commission.
Secs. 9-543-9-545. Reserved.
Division 5, Transportation Facility Proportionate Fair -Share Mitigation
Program
Sec. 9-546. Purpose and intent.
Sec. 9-547. Applicability.
Sec. 9-548. General requirements.
Sec. 9-549. Intergovernmental coordination.
Sec. 9-550. Application process.
Sec. 9-551. Determining proportionate fair -share obligation.
Sec. 9-552. Impact fee credit for proportionate fair -share mitigation.
Sec. 9-553. Proportionate fair -share agreements.
Sec. 9-554. Appropriation of fair -share revenues.
Sec. 9-555. Cross jurisdictional impacts.
Secs. 9-556-9-560. Reserved.
Supp. No. 26 559
WINTER SPRINGS CODE
Article XI. Nonconformities
Sec. 9-561. Intent; rules of interpretation; building and fire codes; defini-
tions.
Sec. 9-562. Continuance of lawful nonconforming uses and structures.
Sec. 9-563. Nonconforming lots of record.
Sec. 9-564. Nonconforming uses of structures or of structures and premises
in combination.
Sec. 9-565. Abandonment.
Sec. 9-566. Repairs and maintenance.
Sec. 9-567. Temporary uses.
Sec. 9-568. Special permit.
Sec. 9-569-9-599. Reserved,
Article XII. Minimum Community Appearance and Aesthetic Review
Standards
Sec, 9-600. Statement of findings and purpose.
Sec. 9-601. Approval prerequisite for permits.
Sec. 9-602. Minimum standards: cemnlisnee with other code provisiuns.
Sec. 9-603. Procedure,
Sec, 9-604. Duration of approval.
Sec. 9-605. Application criteria.
Sec. 9-606. Building permits; enforcement.
Sec. 9-607. Residential compatibility and harmony regulations.
Supp. No. 26
560
LAND DEVELOPMENT
§9301
Sec. 9.301, Alternate curb sections.
The following drawings illustrate the construction of alternate curb sections under the provisions of
this chapter:
6" x
STANDARD CURH � GUTTER
3/A"R
F F
Q
�Y
9~ '7"
16"
MOUNTABLE ISLAND CURB
(Code 1974, § 14-126(f))
Supp. No. 26
2"
2A"
MIAMZ CURB b GUTTER
RIBBON CURS
alternate curb sections
603
WINTER SPRINGS CODE
Secs, 9-302-9-325, Reserved,
ARTICLE VI. RESERVED*
Secs. 9-326-9-3Duo Reserved.
ARTICLE VII. UNIFORM BUILDING
NUMBERING SYSTEMt
Sec. 9-370. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context elearl17 in%?ic"toe A"Pr.,
u u.il6iCrib meaning:
Accessory building shall mean a building which
is clearly incidental or subordinate to and
customarily utilized adjacent to and in connec-
tion with a principal building located on the
same lot.
Building front or facade shall mean that area
or facade of a building which has visible numbers
from a public or private street or way because it
faces the public or private street or way pursu-
ant to which the building is numbered. When a
building is constructed on a corner lot, the
building front or facade shall be that area of the
building which faces the street on which a
projected address was assigned or in the event a
projected address has not been assigned, the
area as designated by the land development
coordinator.
Nonconformance shall mean any failure to
comply with the provisions of this article includ-
ing, but not limited to by way of example a
number out of sequence, odd or even number on
wrong side of street, rural box numbers, numbers
improperly affixed, numbers not visible, numbers
not present, numbers of improper size, numbers
*Editor's note —Ord. No. 2019-09, § 2, adopted June 10,
2019, repealed article VI, §§ 9-341-9-349, which pertained
to site plan review and derived from Ord. No. 215, § 2,
adopted May 13, 1980.
tCross references —Administration, Ch. 2; building and
building regulations, Ch. 6; streets, sidewalks and other
public places, Ch. 17; zoning, Ch. 20,
Supp. No. 26
604
not in contrast with immediate background,
weatherworn numbers, wrong numbers and non -
approved numbers.
Occupant shall mean any person, firm, entity,
partnership, trust, corporation, association or
other organization who is occupying or leasing a
building or other property for a period exceeding
thirty (30) days.
Owner shall mean any and all persons, firms,
entities, partnerships, trusts, corporations, associ-
ates or other organizations who own the fee title
to or have an undivided interest in any building
or property which is subject to the provisions of
this article.
i i�zcipai building shall mean any structure
which is designed, built or used for the support,
enclosure, shelter, or protection of persons,
animals, chattels or property of any kind for any
residential, comet- orcial or 111dustrial purpose.
Private way shall mean any street, road,
avenue, drive, cul-de-sac or other thoroughfare
used for vehicular traffic and any easement or
right-of-way that provides sole access to more
than one (1) parcel or lot which is not included in
the definition of public way and which is not
maintained by the city. This term shall include,
but is not limited to roadways or driveways in
mobile home parks, apartments, condominiums,
commercial or industrial complexes, which have
been named and signed in accordance with this
land development code.
Projected street name and numbering scheme
shall mean all approved site plans and plats,
including amendments thereto, which contain
projected street names and addresses although
no construction or development has occurred on
the projected street.
Public way shall mean any area of a public
roaA or right -of --way, either paved or unpaved,
which is intended for vehicular traffic and that
has been dedicated to the city for the purpose of
vehicular traffic and for use as a thoroughfare
for vehicular traffic whether or not by the city
excluding service entrances or driveways.
Uniform building numbering system shall mean
a system by which existing buildings and projected
LAND DEVELOPMENT
lots and parcels for future buildings are assigned
addresses in a coordinated and uniform method
based on the policy and procedures set up by the
Seminole County Planning and Development
Department.
(Ord. No. 420, § I(14-15.2), 6-13.88; Ord. No.
200143, § 1, 7-23-01)
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 9-371. Purpose.
This article is adopted for the purpose of
providing a uniform building numbering system
for the assignment of address numbers to build-
ings and structures located on or with access
from officially named public and private streets
and ways in the city in the interest of the public
health, safety, and general welfare of the citizens
and inhabitants of the city.
(Ord. No. 420, § I(14-15.1), 6-13-88)
Sec. 9-372. Establishment of system.
For any development within the municipal
boundaries of the City of Winter Springs, the
assignment of street names and building/lot
numbering, in order to ensure uniformity county
wide, shall be reviewed, verified, and approved
by the Seminole County Planning and Develop-
ment Department.
(Ord. No. 420, § I(14-16.1), 6-13.88; Ord. No.
200143, § 17 7-23-01)
Sec. 9-373. Administration and assignment
of numbers.
(a) The city shall be responsible for enforcing
compliance with this chapter, including the post-
ing of building/lot numbers as required by sec-
tion 9-374, City Code.
(b) If an existing building fails to conform
with the uniform numbering system, the land
development coordinator's office shall give notice
to those owners or occupants whose building
number is in nonconformity with the uniform
building numbering system. The notice shall be
delivered to the owner or occupant by certified
mail, return receipt requested or by posting it in
a conspicuous place on the property or by hand
delivery. Such notice may include a notification
Supp. No. 26
§ 9-374
of a change of address which shall contain the
new building number assigned to the building in
accordance with the provisions of this article and
shall direct the owner or the occupant to post the
newly assigned building number on the building
or property in accordance with section 9-374.
The owners or occupants shall have thirty (30)
days from receipt of the notice sent by certified
mail or from the date of hand delivery if delivered
by hand or from the date of posting if such notice
is posted on the property to come into compliance
with this article.
(c) Assignment of a number, as set forth in
this chapter, to a lot or parcel on which a
projected future building may be constructed
shall be a condition precedent to the issuance of
a building permit for any such building.
(Ord. No. 420, § I(14-17.1-1447.4), 6-13-88;
Ord. No. 2001-43, § 1, 7-23-01)
Sec. 9-374. Posting of numbers.
Each building in the corporate limits of the
city shall have its assigned building number
properly displayed in accordance with the
conformity to the requirements of this article,
whether or not mail is delivered to such building
or property. It shall be the duty of the owners
and occupants of each building to post the assigned
building number on the property in conformity
with this article as follows:
605
(1) The building address number shall be
facade as
affixed to the building front or
defined in section 9-370 or to a separate
structure such as both sides of a mailbox,
post, wall, fence or other visible and
commonly used area in such a manner so
as to be clearly visible and legible and
without obstruction from the public or
private way on which the building fronts.
(2) Any numbers which are not clearly vis-
ible and legible from the public or private
way shall not be used.
(3) The numerals shall be of a contrasting
color with the immediate background of
the building or structure on which such
numerals are affixed and shall be not
less than three (3) inches in height and
one-half inch in width.
§ 9-374
WINTER SPRINGS CODE
(4) Numerals shall be made of a durable
weather -resistant material permanently
affixed to the front of the building or
structure.
(Ord. No. 420, § I(144T5), 643-88)
Sec. 9-375. Reserved.
Editor's note —Ord. No. 2001-43, § 1, adopted July 23,
2001, repealed former section 9-375 in its entirety which
pertained to the numbering of addresses for properties
annexed to the city and derived from Ord. No. 420, § I,
adopted June 13, 1988.
Sec. 9-376. Code enforcement special
magistrate authority.
As an additional means of ensuring compli-
al:: VVit11 the Provisions of this article, the code
enforcement board or special magistrate shall
have jurisdiction and authority to hear and
decide alleged violations occurring in the corporate
limits of the city Proceeding;; be -fore the code
enforcement board or special magistrate shall be
governed by its rules and procedures.
(Ord. No. 420, § I(14-20.2)) 6-13-88; Ord. No.
2015-22, § 9, 10-2645)
61. Cross reference —Code enforcement board power, § 2-
Secs. 9-377-9-380. Reserved.
ARTICLE VIII. IMPACT FEES
DIVISION 1. GENERALLY
Secs. 9-381-9-385. Reserved.
DIVISION 2. TRANSPORTATION
FACILITIES*
Sec. 9-386. Transportation impact fees.
Transportation impact fee provisions are set
out in this division as sections 9-386.1 through
9-3869216
*Editor's note —Ord. No. 480, § 1, adopted Mar. 12,
1990, enacted provisions pertaining to transpm•tation impact
fees, designated as Art. VIII, §§ 9-386-9-386.21, which have
been further designated by the editor as Div. 2. Subsequently,
Ord. No. 512, § 1, adopted Dec. 9, 1991, provided for the
Supp. No. 26 606
(Ord. No. 2016-10, § 2, 124246)
Sec. 9-386.1. Short title, authority and
applicability.
(a) This division shall be known and may be
cited as the "City of Winter Springs Road Impact
Fee Ordinance" or the "City of Winter Springs
Transportation Impact Fee Ordinance".
(b) The planning for new and expanded roads
needed to serve new growth and development
that generate additional traffic and the
implementation of these plans through the
comprehensive planning process are the
responsibility of the city under part II of F.S. ch.
163, F.ri 763 �161 et � 6) u..0 Syecilicaiiy r.,S.
§ 163.31801 (Florida Impact Fee Act), F.S. ch.
166, various laws relating to the power of the
city undertaking zoning, planning and develop-
ment activities, and is in the best interest of the
health, safety, and welfare of the citizens of the
city.
(Ord. No. 512, § 1, 12-9-91; Ord. No. 2016-10,
§ 2, 12-1246)
Sec. 9-386.2. Intent and purpose.
(a) This division is intended to be consistent
with the principles for allocating a fair share of
the cost of new public facilities and infrastructure
to new users as established by the Florida
Supreme Court.
(b) The implementation of a regulatory
program that requires new development to pay a
"transportation or road impact fee" that does not
exceed a pro rata share of the reasonably
anticipated expansion costs of new municipal
Hector roads needed to serve new growth and
development is the responsibility of the city in
order to carry out the traffic circulation element
of its comprehensive plan, as required under
Section 163.3161 et seq., Florida Statutes, and is
deletion of such provisions and enacted a new Div. 2,
pertaining to the same subject matter, herein set out. Words
in brackets (]have been added by the editor for clarity, and
Exhibits A and B to such ordinance are included following
this division.
Cross references —Buildings and building regulations,
Ch. 6; motor vehicles and traffic, Ch. 12; planning generally,
Ch. 15; streets, excavations, etc., Ch. 17; zoning, Ch. 20.
in the best
welfare of
Springs.
LAND DEVELOPMENT
interest of the health, safety and
the citizens of the City of Winter
(c) The purpose of this division is to enable
the City of Winter Springs to allow growth and
development to proceed in compliance with the
growth management plan, and Florida case and
statutory law and to regulate growth and develop-
ment so as to require growth and development to
share in the burdens of growth by paying its pro
rata share for the reasonably anticipated costs of
needed municipal collector roadway improve-
ments.
(d) It is not the purpose of this division to
collect fees from growth and development in
excess of the cost of the reasonably anticipated
improvements to the municipal collector road
network and needed to serve the new growth
development. It is specifically acknowledged that
this division has approached the problem of
determining the road impact fee in a conserva-
tive and reasonable manner.
(e) The technical data, findings and conclu-
sions herein are based on the Comprehensive
Plan of the City of Winter Springs and in part on
the following studies and reports which are
hereby adopted (by reference):
(1) ITE Trip Generation Manual, ITE (9th
Edition);
(2) ITE Trip Generation Handbook (3`d Edi-
tion);
(3) Orlando Urban Area Transportation Stud-
ies;
(4) Special Report 209, Highway Capacity
Manual, Transportation Research Board,
1985;
(5) Generalized Daily Level of Service
Maximum Volumes for Florida's Urban/
Urbanized (5000+) Areas, FDOT 2013;
(6) Cost per Lane Mile -City of Winter Springs
Transportation Impact Fee Update, 2005;
(7) Existing Traffic Circulation Analysis, City
of Winter Springs Study, September, 1989,
Tipton Associates Incorporated and Left-
wich Consulting Engineers, Inc.;
Supp. No. 26
§ 9-386.3
(8) Future Traffic Circulation Analysis, City
of Winter Springs Study, December, 1991,
Tipton Associates, Inc. and Leftwich
Consulting Engineers, Inc.
(9) Input Data for Seminole and Volusia
Counties for Calculating Transportation
Impact Fees for Convenience Stores,
August, 1989, Tipton Associates
Incorporated.
(10) City of Winter Springs Transportation
Study, August 1997; Supplement No. 1
December 1999; Supplement No. 2, Febru-
ary 2001; Supplement No. 3, February
2005.
(11) City of Winter Springs Transportation
Impact Fee Update, September 1997;
Update, December 1999; Update, Febru-
ary 2005; update October 2016.
(Ord. No. 512, § 1, 12-9-91; Ord. No. 2005-10,
§ 2, 3-14-05; Ord. No. 2016-10, § 2, 124246)
Sec. 9-386.3. Rules of construction.
For the purpose of administration and enforce-
ment of this division, unless otherwise stated,
the following rules of construction shall apply:
(a) In case of any difference of meaning or
implication between the text of this divi-
sion and any caption, illustration, sum-
mary table or illustrative table, the text
shall control.
607
(b) The word "shall" is always mandatory
It " is
and not discretionary; the word may
permissive.
(c) Words used in the present tense shall
include the future, and words used in the
singular number shall include the plural
and the plural the singular, unless the
context clearly indicates the contrary.
(d) The word "person" includes an individual,
a corporation, a partnership, an
incorporated association, or any other
similar entity.
(e) Unless the context clearly indicates the
contrary, where a regulation involves two
(2) or more items, conditions, provisions,
§ 9-386.3
WINTER SPRINGS CODE
or events connected by the conjunction
"and", "or" or "either ... or," the conjunc-
tion shall be interpreted as follows:
(1) "And" indicates that all the con-
nected terms, conditions, provisions
or events shall apply.
(2) "Or" indicates that the connected
items, conditions, provisions or
events may apply singly or in any
combination.
(3) "Either . . . or" indicates that the
connected items, conditions, provi-
sions or events shall apply singly
but not in combination.
(1) The word "includes" shall not limit a
i,erm to the specific example but is
intended to extend its meaning to all
other instances or circumstances of like
kind or character.
(Ord, No. 512, § 1-, 1`,?-0-91)
Sec. 9-386.4. Definitions.
For the purpose of this division, the following
words and terms shall have the meaning ascribed
thereto:
Access improvement: Road improvements neces-
sary to provide safe and adequate ingress and
egress and for efficient traffic operations. Access
improvements include but are not limited to the
following:
(1) Right -of --way and easements;
M Left and right turn lanes;
(3) Acceleration and deceleration lanes;
(4) Traffic control devices, signage, and mark-
ings; and
(5) Drainage and utilities.
Accessory building, structure or use: A detached,
subordinate building, structure or use, the use of
which is clearly incidental to and serves the
principal building or use of the land and which is
located on the same lot as that of the principal
building or use.
Applicant: Any person who applies fora build-
ing permit or certificate of occupancy.
Supp. No. 26
608
Arterial roads: A classification of roads which
primarily functions to accommodate the move-
ment of relatively large traffic volumes for
relatively long distances at relatively high speeds.
Land access, when provided, is subservient to
the movement function. This classification
includes all roads which function above the level
of a major collector road.
Average trip length: The average length in
miles of trips for each major land use category as
determined from the Orlando Urban Area
Transportation Study and adjusted to reflect the
travel characteristics in the Orlando GMP Study
Area, and special studies for particular land uses
conducted by registered professional engineers.
Building: Any permanent structure designed
or built for the support, shelter or protection of
persons, animals, chattels or property of any
kind.
Building permit: Any building or construction
permit required under the Winter Springs Build-
ing Code (chapter 6 of the City Code).
Capacity; capacity per lane: The maximum
number of vehicles for a given time period which
a typical new lane can safely and efficiently
carry at a specified level of service.
Capacity per Zane mile: The product of the
capacity per lane times one (1) lane mile.
Captured traffic: Diverted traffic plus passer-
by -traffic.
Collector roads: Intermediate classifications
of roads which provide both land access and
movement service for medium length trips.
Development permit. Includes any building
permit, conditional use, zoning approval, subdivi-
sion approval, rezoning, development order,
conditional use, variance, waiver, or any other
official action of local government having the
effect of permitting the development of land.
Development site: The property under
consideration for development and under single
ownership at the time of application.
LAND DEVELOPMENT
Diverted traffic: Traffic that is already on the
road network, which is attracted by the new land
development and which may be transferred from
another route.
Encumbered: Funds committed in a capital
improvements program for a specified improve-
ment on a specified time schedule.
Expansion: Road and intersection capacity
enhancements which include but are not limited
to extensions, widenings, intersection improve-
ments, upgrading signalization and improving
pavement conditions.
External trip: Any trip which has either its
origin or destination at the development site but
not both.
Gross floor area: For purposes of the division,
gross floor area shall be defined in the ITE Trip
Generation Manual, 9tt, Edition.
Internal trip: Any trip which has both its
origin and destination within the development
site.
Land development: Any building, structure or
other land use including the uses associated
with the building, structure or land.
Land development activity generating traffic:
The carrying out of any land development, includ-
ing but not limited to building activity or the
making of any material change in the use or
appearance of any building, structure or land
that attracts or produces vehicular trip(s) over
and above that produced by the existing use of
the land.
Land use: For the purpose of calculating the
vided in
proper impact fee for each land use pro
the impact fee schedules, the definitions provided
for applicable land uses in the ITE Trip Genera-
tion Manual 9th Edition shall apply.
§
9-386.4
subservient to the land access function. This
classification includes all roads which function
below the level of a municipal collector road.
Marginal cost: The additional cost incurred to
provide a non -site -related improvement over and
above that which would be necessary to only
provide the site -related improvement needed to
serve the development.
Local roads: A classification of roads which
primarily functions to accommodate land access
for abutting property. Local roads may provide
service for relatively small traffic volumes for
relatively short distances at relatively low speeds.
Through traffic movement, when provided, is
Supp. No. 26
Non -site -related improvements: Road improve-
ments, including rights -of -way, which are neces-
sary to provide safe and adequate travel service
for the movement of vehicular traffic, and which
are in excess of or in addition to site -related
improvements. Non -site -related improvements
may include on -site or off -site improvements to
the municipal collector road network.
Off -site improvements: Road improvements
located outside of the boundaries of the devesafe
ment site which are necessary to provide
and adequate travel service for vehicular traffic.
On -site improvements: Road improvements
located within the boundaries of the develop-
ment site which are necessary to provide safe
and adequate travel service for vehicular traffic.
Passer -by -traffic: Traffic already on the road
adjacent to the development site.
Road impact fee; impact assessment; fee: The
fee required to be paid in accordance with this
division.
Road improvements: Physical assets,
constructed or purchased, that are necessary to
provide safe and adequate travel service for
vehicular traffic. The acquisition, expansion or
development of road improvements includes
transportation planning, preliminary engineer-
ing, engineering design studies, land surveys,
right-of-way acquisition, engineering, permit-
ting, inspection and testing during construction,
and construction of all the necessary features for
any road construction project including, but not
limited to:
(1) Construction of the through lanes;
(2) Construction of turn lanes;
(3) Construction of bridges;
§ 9-386.4
WINTER SPRINGS CODE
(4) Construction of drainage facilities in
conjunction with roadway construction;
(5) Purchase and installation of traffic
signalization, signage and markings;
(6) Construction of curbs, medians and
shoulders; and
(7) Relocating utilities to accommodate
roadway construction.
Road network: The interconnecting system of
streets, roads, highways and other public ways
open to vehicular travel by the public generally
and dedicated to the public use. The road network
includes existing public roads, planned exten-
sions to existing public roads and planned new
'ii-itts.
Site -related improvements: Road improve-
ments, including rights -of -way, which are neces-
sary to provide safe and adequate t_,Z;7e1 ;;civice
for the movement of vehicular traffic between
the traffic -generating land uses within the
development, between the development and the
existing road network and access improvements.
Site -related improvements may include on -site
improvements to the road network.
Structure: Anything constructed, erected or
placed, the use of which requires more or less
permanent location on or in the ground or attached
to something having a permanent location on or
in the ground.
Traffic -generating land uses; traffic-generat-
ingdevelopment: Any building, structure or other
use of the land that increases the generation of
vehicular trips over and above that generated by
the previous use.
Trip: The movement of vehicular travel from
an origin to a destination. For the purposes of
this division, trip shall have the meaning which
it had in commonly accepted traffic engineering
practice and which is substantially the same as
that definition in the previous sentence.
Trip generation: The attraction or production
of trips caused by the use or activity associated
with a given type or classification of land develop-
ment.
Supp. No. 26
610
Trip rate; trip generation rate: The average
number of vehicle trips which can be attributed
to a specific type of land use activity per unit of
development per day as documented in the ITE
Trip Generation Manual, 91h Edition.
Unit of development: The standard incremental
measure of land development activity for a specific
type of land use upon which the trip generation
rate is based as documented in the ITE Trip
Generation Manual 91h Edition.
Vehicle miles of travel; lane miles: The sum of
the product of the length of each roadway link
times the number. of trips on each link as
identified in the Winter Springs Future Year
Network with Existing Traffic VelnmPs Sf,,,I„
(Urd. No. 512, § 1, 12-9-91; Ord. No. 2004-49,
§ 3, 1243-04; Ord. No. 201640, § 2, 1242-16;
Ord. No. 2019.09, § 2, 64049)
C��• ��-"336.5. �inJixliLdG1onS on issuance of
building permits.
Any person who applies for the issuance of a
building permit for land development activity
hi wch will generate additional traffic shall be
required to pay a road impact fee in the manner
and amount set forth herein.
Except as provided elsewhere in this divi(zion,
no building permit for any land development
activity generating traffic requiring payment of
a road impact fee pursuant to this division shall
be issued unless and until the road impact fee
hereby required has been paid.
Except as provided elsewhere in the division,
no person shall carry out any land development
activity generating traffic unless and until the
road impact fee required by this division has
been paid and a building permit has been issued.
(Ord. No. 512, § 1, 12-9-91)
co
9-386.6. Determination of road impact
fees.
The road impact fee for any land development
activity generating traffic shall be determined
either by using the fee rate schedule set forth in
section 9-386.7 or by using the independent
method of calculation set forth in section 9-386.8
of this division. Also, any applicant may propose
LAND DEVELOPMENT
to enter into an impact agreement with the city
as set forth in section 9-386.10 of this division in
order to establish just and equitable impact fees
or their equivalent which are appropriate to the
specific circumstances of the land development
activity generating traffic.
(Ord. No. 512, § 1, 12-9-91)
Sec. 9-386.7. Road impact fee rate schedule.
Any person may determine their road impact fee by using the following fee rate schedule:
§ 9 386.7
and Use Descrip
Ltion Impact Unit Impact Fee/ Unat
Residential DU $1,342900
210 Single"famil 937.00
220 Multi -family DU
Mobile home DU
MO
0 Bed 375.00
254 Assisted living facility 284.00
253 Congregate care DU
Office SF GFA L555.00
710 General office building 12000 5,096.00
720 Medical/dental office building 1,000 SF GFA
Institutional 1,000 SF GFA 1,186.00
560 Church 3,214.00
565 Da care center 1,000 SF GFA
536
Private school Student %317.00
Supp. No. 26
611
§ 9-386. I WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 26
6I2
LAND DEVELOPMENT
article. No development permit or order which
contains a specific plan of development, includ-
ing densities and intensities of development,
shall be issued unless adequate public facilities
are available to serve the proposed development
as determined by the concurrency evaluation set
forth in this article.
(Ord. No. 2001-39, § 1, 9-10-01)
Sec. 9-501. Definitions.
The following words and phrases used in this
article shall have the meanings ascribed below
unless the context clearly indicates otherwise:
City's growth management policies. The growth
management policies of the City of Winter Springs
that are set forth in the city's comprehensive
plan and land development regulations which
regulate land development and established levels
of service of public facilities and services, cluding
sanitary sewer, solid waste, drainage, potable
water, parks and recreation, and transportation
facilities.
Concurrency certificate. A certificate issued
for a specific development or property that
indicates available capacity for each public facil-
ity reviewed based upon adopted levels of service
standards established in this article at the time
the certificate is issued and does not guarantee
capacity in the future, nor does the certificate
encumber capacity for a specific period of time.
Concurrency evaluation. Evaluation by the
development review committee based on adopted
levels of service standards to ensure that public
facilities and services are available concurrent
with the impacts of such development as defined
in this article.
Development order. Any order granting, deny-
ing or granting with conditions an application
for a development permit.
Development permit. Includes any building
permit, zoning permit, subdivision approval,
rezoning certification, conditional use, special
exception, variance, waiver, or any other official
action of the city having the effect of permitting
the development of land.
Supp. No. 26
Development review committee. Shall be a
committee established by the city manager to
revilications for the develop-
ew and approve app
ment of land. At a minimum, the committee
shall consist of the directors of utilities/public
works, community development, and parks and
recreation or their designee. The city manager or
city commission may also appoint residents of
Winter Springs to serve on the committee.
Financial feasibility means that sufficient
revenues are currently available or will be avail-
able from committed funding sources for the first
three (3) years, or will be available from commit-
ted or planned funding sources for years 4 and 5,
of the city's 5-year capital improvement program
(CIP) for financing capital improvements, such
as ad valorem taxes, bonds, state and federal
funds, tax revenues, impact fees, and developer
contributions, which are adequate to fund the
projected costs of the capital improvements identi-
fied in the comprehensive plan necessary to
ensure that adopted level -of -service standards
are achieved and maintained within the period
covered by the five-year CIP.
Level of service standard. The measurement
indicating the degree of service provided by, or
proposed for a facility based on operational
characteristics of the facility.
Proportionate fair share means the method by
which the impacts of development on transporta-
tion can be mitigated by the cooperative efforts
of the public and private sectors. The intent of
the proportionate fair -share contributions is to
provide applicants for development an opportunity
to proceed under certain conditions, notwithstand-
ing the failure of transportation concurrency, by
contributing their share of the cost of improving
the impacted transportation facility. Proportion-
ate fair share is a pay -and -go method that does
not require immediate resolution of the level of
service deficiency, but transportation proiects
mitigating the LOS deficiencies on these facili-
ties must still be programmed for improvement
in the city's 5-year capital improvement program.
Public facilities and services. Those public
facilities and services for which level of service
standards have been established in the City of
Winter Springs Growth Management Policies,
639
§ 9-501
WINTER SPRINGS CODE
and are recognized in this article, and which
include (1) roads, (2) wastewater, (3) storm water,
(4) solid waste, (5) potable water, (6) parks and
recreation.
(Ord. No. 2001.39, § 1, 940-01; Ord, No. 2006-
20) § 2, 11-27-06; Ord, No. 2019-09, § 2, 640-19)
Sec. 9-502I Application submittal,
(a) The development review committee shall
be responsible for carrying out the requirements
of this article and shall make determinations
regarding concurrency applications and issue
certificates according to the procedures established
by this article. An application for a concurrency
certificate shall be filed with all applications for
a final development order or permit, unless
otherwise exempted by this article. A preliminary
review application may also be submitted for an
informational and non -binding concurrency review
by the development review committee. All applica-
tions shill be mac.oil a form prescribed by the
city, which should require, at a minimum and as
applicable:
(1) Date of submittal.
(2) Name, address, and telephone number of
applicant and property owner.
(3) Parcel I.D. number, street address, and
legal description.
(4) Proposed land use(s) by land category,
square feet and number of units.
(5) Phasing information by proposed uses,
square feet and number of units.
(6) Existing use of property, acreage of
property, name of DRI, PUD, subdivi-
sions.
(7) Site design information.
(8) Previously issued concurrency certificates.
(9) Possible limitations in the manner in
which the proposed use will be conducted,
including restrictions on use, resident
population, density and intensity of use.
(10) Possible limitations on the height, size,
location, density or intensity of a build-
ing or other structure.
(11) Possible phasing schedule.
Supp. No. 26
640
(12) Possible alternative with respect to size,
number, location or nature of vehicle
access points.
(13) Possible increase in the amount of street
dedication, roadway width, or construc-
tion of roadway improvements within
street right of way.
(14) Plans for the protection of existing trees,
vegetation, water resources, wildlife
habitat and other significant natural
resources.
(15) Any information regarding possible solu-
tions or alternatives which would permit
the proposed development in conformity
with the requirements and intent of this
article and the city`s growth manage-
ment policies.
(16) Data and analysis relevant to the concur-
rency facilities and services evaluated
under dirt article, whereupon the develop-
ment review committee can conduct and
make an informed concurrency determina-
tion.
(b) An application which is not technically
complete shall be returned to the applicant with
a correspondence detailing the deficiencies in
the application. Failure to submit the required
information in accordance with this section shall
result in the denial of the concurrency applica-
tion. Applications deemed complete by the city
shall be handled on a first -come first -served
basis. Once an application is accepted by the city
as complete, any changes in uses, densities and
intensities for the subject property that result in
an increased capacity requirement for any concur-
rency facility shall be subject to a new concur-
rency review. An application fee may be
established by the city commission by resolution.
All completed applications shall be reviewed in
accordance with the procedures contained in this
article.
(Ord. No. 2001-39, § 1, 9-10-01)
Sec. 9-503. Reserved.
Sec. 9-504. Change of use.
(a) Any change, redevelopment or modifica-
tion of use shall require a concurrency evalua-
tion under this article, provided the proposed
change,
NUISANCES
(2) Annoys or disturbs a reasonable person
of normal sensitivities; or
(3) Endangers or injures personal or real
property.
For purposes of this definition, any sound that
exceeds the maximum permissible sound levels
set forth in Division 5 of this article shall
constitute an evidentiary basis for declaring a
noise disturbance. It is the intent and purpose of
this definition that sounds that either meet the
aforesaid criteria or exceed the sound levels in
Division 5 or both shall constitute a violation of
this article.
Noise sensitive zone means any area designated
by the city commission for the purpose of ensur-
ing exceptional quiet in accordance with section
13-43.
Person means any individual, association,
partnership, corporation, entity or agency includ-
ing any officer and employee thereof.
Power ground maintenance equipment shall
mean stationary or portable specialty equipment
and vehicles that are actuated by an additional
power source and mechanism other than the
solely manual labor used with hand tools. The
most common types of such power equipment
and vehicles use electric motors, internal combus-
tion engines and compressed air including, but
not limited to, lawn and other mowers, trimmers,
blowers, edgers, rotary brushes, tractor mounted
devices, mechanical rakes, chainsaws, hydraulic
lifts, mechanical sprayers, construction trucks,
mechanical sod cutters, chippers, and trenchers.
Such equipment does not include ground and
plant irrigation equipment.
Power tool equipment shall mean a tool that is
actuated by an additional power source and
mechanism other than the solely manual labor
used with hand tools. The most common types of
power tools use electric motors, internal combus-
tion engines and compressed air. Power tools
may be stationary or portable and are used in
industry, in construction, in the garden, for
housework tasks such as cleaning and power
washing, and around the house for purposes of
FOR
Supp. No. 26
driving (fasteners), drilling, mixing, cutting, shap-
ing, sanding, grinding, routing, polishing, paint-
ing, heating, cooling and more.
Powered model vehicle means any self-propelled
airborne, waterborne, or land borne plane, vessel,
or vehicle, which is not designed to carry persons,
including, but not limited to, any model airplane,
at, car or rocket.
Property line means an imaginary line along
the surface of land or water, and its vertical
plane extension, which separates the real property
owned, rented or leased by a person from the real
property owned, rented or leased by another
person.
Public right-of-way means any street, avenue,
boulevard, highway, sidewalk or alley or similar
place which is owned or controlled by a
governmental entity.
Public space means any real property or
structures thereon which are owned or controlled
by a governmental entity.
Residential area means those areas zoned and
designated for residential uses on the city's
official zoning map (including, but not limited to,
114AAA, R-Cl, R4A ., R4A, R-1, R-3 and PUD
residential) and/or future land use map or areas
where residential uses exist.
RMS sound pressure means the square root of
the time averaged square of the sound pressure,
denoted Prins.
Sound means an oscillation in pressure, particle
thphysical
displacement, particle velocity or oer
parameter, in a medium with internal forces that
causes compression and rarefaction of that
medium. The description of sound may include
any characteristic of such sound, including dura-
tion, intensity and frequency.
Sound level means the weighted sound pres-
sure level obtained by the use of a sound level
meter and frequency weighting network, such as
A, B, or C as specified in American National
Standards Institute specifications for sound level
meters (ANSI S1.4 - 1971, or the latest approved
revision thereof). If the frequency weighting
employed is not indicated, the A -weighting shall
apply.
WINTER SPRINGS CODE
Sound level analyzer means an instrument
which includes a microphone, amplifier, RMS
detector, integrator or time average, output meter,
and weighting networks used to measure sound
pressure levels.
Sound pressure means the instantaneous dif-
ference between the actual pressure and the
average or barometric pressure at a given point
in space, as produced by sound energy.
Sound pressure level means twenty (20) times
the logarithm to the base 10 of the ratio of the
RMS sound pressure to the reference pressure of
twenty (20) micropascals (20 x 10-6 N/m2), The
sound pressure level is denoted Lp or SPL and is
expressed in decibels.
Weekday means any day Monday through
Friday, which is not a legal holiday.
(Ord. No. 2005-162 § 2, 8-8-05; Ord. No. 2013-02,
§ 2, 2-25-13; Ord. No. 2019-07, § 2, 5-13-19)
DIVISION 2. POWERS AND DUTIES OF
NOISE CONTROL OFFICER
Sec. 13-28. Lead agency or official.
The noise control program established by this
article shall be administered by the City of
Winter Springs Police Department, Code Enforce-
ment Division.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 21 2-2543)
Sec. 13-29. Powers of the noise control
officer.
In order to implement and enforce this article
and for the general purpose of sound and vibra-
tion abatement and control, the noise control
officer ("NCO") shall have, in addition to any
other authority vested by state or federal law,
the power to:
(a) Conduct, or cause to be conducted,
research, monitoring, and other studies
related to sound and vibration;
Supp. No. 26
882
(b) Conduct programs of public education
and encourage the participation of the
public regarding:
(1) The causes, effects and general
methods of abatement and control
of noise and vibration;
(2) The actions prohibited by this article
and the procedures for reporting
violations.
(c) Coordinate the noise and vibration control
activities of all municipal departments.
(d) Review public and private projects, subject
to mandatory review or approval by the
city, for compliance with this article, if
prcj ; is aib iiiiely to cause sound or
vibration in violation of the article.
(e) Conduct inspections, specifically, to:
(1) Upon presentation of proper
credentials, enter and inspect any
private property or place to
determine compliance with this
article, when granted permission by
the owner, or by some other person
with apparent authority to act for
the owner or pursuant to an inspec-
tion warrant;
(2) Stop any motor vehicle, motorcycle,
or motorboat operated on a public
right-of-way, public space, or public
waterway reasonably suspected of
violating any provision of this article,
and issue a notice of violation or
abatement order which may require
the motor vehicle, motorcycle or
motorboat to be inspected or tested
as the noise control officer may
reasonably require to ensure compli-
ance with law;
(3) Conduct sound level measurements
at defined property lines located
within the city, and issue a notice of
violation, civil citation and/or abate-
ment order to compel compliance
with this article.
(� Require the owner or operator of any
commercial or industrial activity to
measure the sound level of or the vibra-
NUISANCES
ated in or on a motor vehicle on a
tion from any source in accordance with public right -of --way or public space,
the methods and procedures required by or in a boat on public waters;
this article and at such locations and
times deemed reasonably necessary by (3) In such a manner as to create a
the NCO to ensure compliance with this noise disturbance to any person other
article. than the operator of the device,
when operated by any passenger on
(g) In accordance with subsection (e), and a common carrier.
other provisions of this article, investigate
and pursue possible violations of this (b) Loud speakers. Using or operating any
article. loudspeaker, public address system, or
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02, similar device:
§ 27 2-25-13) (1) Between the hours of 10:00 p.m.
and 7:00 a.m. the following day,
DIVISION 3. PROHIBITED ACTS such that the sound therefrom cre-
ates a noise disturbance across a
real property boundary or within a
Sec. 13-30. General —Noise disturbances noise sensitive zone;
prohibited.
No person shall unreasonably make, continue, (2) Between the hours of 10:00 p.m.
and
ay on a
or cause to be made or continued, any noise public 00grimothe
w following or public space.
disturbance.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02, (c) Animals; birds. Having control and pos-
§ % 2-25-13) session of any animal or bird which
frequently or for continued duration,
Sec. 13-31. Specific —Noise disturbances howls, barks, meows, squawks, or makes
prohibited. other sounds which create a noise
'dential
The following acts, and the causing thereof, disturbance
across within a noisesensil
are declared to be in violation of this article: property Y boundary
tive zone. (This provision shall not apply
(a) Electronic device; musical instruments. to public zoos and public paw parks).
Operating, playing or permitting the permitting
operation or playing of any radio, televi. (d) Construction. operating or p g
sion, phonograph, drum, musical instru- the operation of any mechanically powered
ment, sound amplifier, or similar device tools or equipment used in construction,
which produces, reproduces, or amplifies drilling, or demolition work between the
sound: hours of 10:00 p.m. and 7:00 a.m. the
(1) Between the hours of 10:00 p.m. following day. Sound levels created by
construction, drilling, or demolition activi-
and 7:00 a.m. the following day in ties shall not cause a noise disturbance
such a manner as to create a noise at or across a real property boundary,
disturbance across a real property boundary or within a noise sensi- except for bona fide emergency work of or
by special variance issued pursuant to
tive zone, except for activities open this article;
to the public and for which a special
event variance has been issued by (e) Vehicle and boat repairs. Repairing,
the city according to the criteria set rebuilding, modifying, or testing any motor
forth in section 13-33; vehicle, motorcycle, or motorboat in such
a manner as to cause a noise disturbance
(2) In such a manner as to create a noise disturbance at twenty-five (25) across a residential real property bound -
feet from such device, when oper- ary or within a noise sensitive zone.
Supp. No. 26
883
WINTER SPRINGS CODE
(-L) Places of public entertainment. Operat-
ing, playing, or permitting the operation
or playing of any radio, television,
phonograph, drum, musical instrument,
sound amplifier, or similar device which
produces, reproduces, or amplifies sound
in any place of public entertainment at a
sound level greater than the maximum
permissible limit measure at the property
line for commercially zoned areas.
(g) Explosives. Using or firing explosives or
similar devices which create impulsive
sound so as to cause a noise disturbance
across a real property boundary or on a
public space or right-of-way, without first
obtaining a special variance pursuant to
this erticie.
(h) Model vehicles. Operating or permitting
the operation of powered model vehicles
so as to create a noise disturbance across
a residential real property boundary, in a
public space or within a noise sensitive
zone between the hours of 10:00 p.m. and
7:00 a.m. the following day.
(i) Motorboats. Operating or permitting the
operation of any motorboat in any lake,
river, stream, or other waterway in such
a manner as to create a noise disturbance
at fifty (50) feet or the nearest shoreline,
whichever distance is less.
(�) Noise sensatiue zones. Creating or caus-
ing the creation of any sound within any
noise sensitive zone designated pursuant
to this article so as to disrupt the activi-
ties normally conducted within the zone
or that exceeds the maximum permis-
sible sound level established for said
zone pursuant to section 13-43, provided
that conspicuous signs are displayed
indicating the presence of the zone.
(k) Power tool equipment and power ground
maintenance equipment. It shall be unlaw-
ful to operate or permit to be operated
any power tool equipment or power ground
maintenance equipment in residential
areas outdoors between the hours of 10:00
p.m. and 7:00 a.m. the following day,
with the exception that the outdoor use
Supp, No. 26
884
of ground maintenance equipment on
public recreational fields and golf courses
within residential areas shall be unlaw-
ful under this subsection between the
hours of 10:00 p.m. and 6:30 a.m, the
following day.
(Ord. No. 2005.16, § 2, 8-8-05; Ord. No. 2011-10,
§ 4, 7-2541; Ord. No. 2013.02, § 2, 2-25-13; Ord.
No. 2019-07, § 3, 54349)
DIVISION 4. EXCEPTIONS AND VARIANCES
n
Sec. 13-32. Emergency exceptio.
ppy
The provisions of this article shall not alto
lv •:� o(juuu for the purpose of alerting
persons to the existence of any emergency, or the
emission of sound in the performance of emergency
work, or exemptions enacted pursuant to an
emergency declaration TMder chaptcy 2, article
VII of the City Code, or to the emergency use of a
generator.
(Ord. No. 2005.16, § 2, 8-8-05; Ord. No. 2013.02,
§ 2, 2-2543; Ord. No. 2019-07, § 3, 5-1349)
Sec. 13-33. Special event variances.
(a) The city manager shall have the authority,
consistent with this article, to grant special
event variances.
(b) Any person seeking a special event vari-
ancepursuant to this section shall file an applica-
tion with the city manager. The application shall
contain information which demonstrates that
bringing the source of sound or activity for which
the special event variance is sought into compli-
ance with this article would constitute an
unreasonable hardship on the applicant, on the
community, or on other persons.
(c) In determining whether to grant or deny
the application, the city manager shall balance
the hardship to the applicant, the community,
and other persons of not granting the special
event variance against the adverse impact on the
health, safety, and welfare of the persons affected,
the adverse impact on property affected, and any
other adverse impacts of granting the special
event variance. Applicants for special event vari.
NUISANCES
ances and persons contesting special event vari-
ances may be required to submit any information
the city manager may reasonably require.
(d) Special event variances shall be granted
by notice to the applicant containing all neces-
sary conditions, including a time limit on the
permitted activity. The special event variance
shall not become effective until all conditions are
agreed to by the applicant. Noncompliance with
any condition of the special event variance shall
terminate it and subject the person holding it to
those provisions of this article regulating the
source of sound or activity for which the special
event variance was granted.
(e) Application for extension of time limits
specified in special event variances or for modifica-
tion of other substantial conditions shall be
treated like applications for initial special vari-
ances.
(f) Special events authorized and sponsored
or co -sponsored by the city at public event
locations authorized by the city shall, upon such
authorization, be deemed to have been granted a
special event variance pursuant to this section.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 21 2-25-13)
Sec. 13-34. Variances for time to comply.
(a) The owner of any commercial or industrial
source of sound not in compliance with this
article may apply to the city manager for a
variance for time to comply with this article. The
city manager shall have the authority, consistent
with this section, to grant a variance, not to
exceed one hundred eighty (180) days from date
A the application and approval thereof.
(b) Any person seeking a variance for time to
comply shall file an application with the city
manager. The application shall contain informa-
tion which demonstrates that bringing the source
of sound or activity for which the variance is
sought into compliance with this article prior to
the date requested in the application would
constitute an unreasonable hardship on the
applicant, on the community, or on other persons.
(c) In determining whether to grant or deny
the application, the city manager shall balance
the hardship of the applicant, the community,
and other interested persons of not granting the
variance for time to comply, against the adverse
impact on health, safety, and welfare of persons
affected, the adverse impact on property affected,
and any other adverse impacts of granting the
variance. Applicants for variances for time to
comply and persons contesting variances may be
required to submit any information the city
manager may reasonably require.
(d) Variances for time to comply shall be
granted to the applicant containing all necessary
conditions, including a schedule for achieving
compliance. The variance for time to comply
shall not become effective until all conditions are
agreed to by the applicant. Noncompliance with
any condition of the variance shall terminate the
variance and subject the person holding it to
those provisions of this article for which the
variance was granted.
Supp. No. 26 884.1
§ 13-34 WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp, No. 26
884.2
Chapter 20
ZONING*
Article I. In General
Sec. 20-1. Definitions.
Sec. 20-2. Basis for regulations and requirements herein set forth.
Sec. 20-3. Purpose.
Sec. 20-4. Scope.
Sec. 20-5. Interpretation, purpose and conflict.
Sec. 20-6. Penalty.
Secs, 20-7-20-25. Reserved.
Article II. Administration
Division 1. Procedure; Land Use Decisions
Sec. 20-26. Intent and purpose.
Sec. 20-27. City commission; authority.
Sec. 20-28. Due process; special notice requirements.
Sec. 20-28.1. Conceptual plan review —Non -binding and binding by develop-
ment agreement.
Sec. 20-28.2. Pre -application meeting.
Sec. 20-29. Applications.
Sec. 20-29.1. Community workshop requirements.
Sec. 20-30. Staff review.
Sec. 20-31. Rezonings.
Sec. 20-32. Variances.
Sec. 20-33. Conditional uses.
Sec. 20-33.1. Site and final engineering plans.
Sec. 20-34. Waivers.
Sec. 20-35. Administrative appeals.
Sec. 20-36. Expiration of conditional use, variance and waiver approvals.
Sec. 20-37. Limited administrative waivers.
Secs. 20-38-20-50. Reserved.
Division 2. Planning and Zoning Board
Sec. 20-51. Created.
Sec. 20-52. Composition, appointment of members.
Sec. 20-53. Term; filling vacancies; removal of members.
Sec. 20-54. Reserved.
Sec. 20-55. Compensation; allowances for expenses incurred in performance
of duties.
Sec. 20-56. Meetings; quorum; records to be kept.
Sec. 20-57. Duties; general.
*Cross references —Code enforcement board to enforce certain ordinances of the city, § 2 56 et seq.; beautification board,
§ d§ 4-2; arboreal
2-76 et seq.; annexations and rezonings, § 2.116 et seq.; limitation on the number of dogs and cats permitte,
standards of the City of Winter Springs, Ch. 5; regulations regarding landscaping applicable to privately hel6 et d 'property, § 5-3;
ng
limitations on
buildings and bearding vis on when adjacent o; street, intersectiontions , etc., fences,§ 6-191 etwalls,
seq.erequied distance of fences or hedges from
obstruction e c q ;
property line established, § 6-193; swimming pools, § 6-211 et seq.; setback requirements for swimming pools, § 6-219; ire
hydrant requirements, placement and maintenance, § 7-76 et se flood damage prevention, Ch. 8; land development, Ch. 9;
in building numbering system
off-street parking and loading requirements, § 9-276 et seq.; unifor, § 9-370 et seq.; development
impact fees, § 9-386 et seq.; adult entertainment regulations in commercial establishments, § 10-86 et seq.; planning, Ch. 15;
comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17.
Supp. No. 26
1305
WINTER SPRINGS CODE
Sec. 20-58. Assistants.
Sec, 20-59, Reserved.
Secs, 20-60-2045. Reserved.
Division 3. Reserved
Secs. 20-76-20-100. Reserved.
Article III. Establishment of Districts
Division 1. Generally
Sec, 20-101. Division of city.
Sec. 20-102. Official zoning map, working maps and procedures.
Sec. 20403. Restrictions upon lands, buildings and structures.
Sec. 20-104. Changes and amendments.
Secs. 20-105-20-120. Reserved,
Sec.
Sec,
Sec.
Sec.
Sec,
Sec.
Sec,
Sec.
Secs,
Sec.
Sec,
Sec.
Sec.
Sec.
Sec.
Sec,
Sec.
Secs,
Sec.
Sec.
Sec,
Sec,
Sec.
Sec.
Sec.
Sec,
Sec.
Secs,
Division 2. tt-lAaa Single -Family Dwelling Districts
20-121. Designation.
20-122. Uses permitted.
20-123. Conditional uses.
20-124. Building height regulations.
20425. Building area regulations.
20-126. Front, rear and side yard regulations.
20427. Lot coverage.
20-128. Off-street parking regulations.
20-129-20440. Reserved,
Division 3. R-Ci Single -Family Dwelling District
20-141. Designation,
20-142. Uses permitted.
20-143. Conditional uses.
20-144. Building height regulations.
20-145. Building area regulations.
20-146. Front, rear and side yard regulations.
2044T Lot coverage.
20-148. Off-street parking regulations.
20-149-20-160. Reserved,
Division 4. R-lAa and R-1A One -family Dwelling Districts
20-161. Designation.
20-162. Uses permitted.
20-163. Conditional uses.
20464. Building height regulations.
20-165. Building area regulations.
20-166. Front, rear and side yard regulations.
20-167. Lot coverage.
20468. Use, area and yard exceptions.
20469. Off-street parking regulations.
20-170-20-180. Reserved,
Division 5. R-1 One -Family Dwelling Districts
Sec. 20-181. In general.
Sec. 20-182. Uses permitted.
Supp, No, 26
1306
ZONING
Sec. 20-183. Conditional uses.
Sec. 20-184. Building height regulations.
Sec. 20-185. Building site area regulations.
Sec. 20-186. Front, rear and side yard regulations.
Sec. 20487. Lot coverage.
Sec. 20-188. Use, area and yard exceptions.
Sec. 20-189. Off-street parking regulations.
Secs. 20-190-20-205. Reserved.
Division 6. R-3 Multiple Family Dwelling Districts
Sec. 20-206. Designation.
Sec. 20-207. Uses permitted.
Sec. 20-208. Conditional uses.
Sec. 20-209. Building height regulations.
Sec. 20-210. Building area regulations.
Sec. 20-211. Front, rear and side yard regulations.
Sec. 20-212. Lot coverage.
Sec. 20-213. Off-street parking regulations.
Secs. 20-214-20-230. Reserved.
Division 7. C-1 Neighborhood Commercial Districts
Sec. 20-231. In general.
Sec. 20-232. Uses permitted.
Sec. 20-233. Reserved.
Sec. 20-234. Conditional uses.
Sec. 20-235. Building height regulations.
Sec. 20-236. Overlay district regulations.
Sec. 20-237. Bulk regulations.
Sec. 20-238. Off-street parking regulations.
Sec. 20-239. Reserved.
Secs. 20-240-20-250. Reserved.
Division 8. 0-2 General Commercial District
Sec. 20-251. In general.
Sec. 20-252. Uses permitted.
Sec. 20-253. Building height regulations.
Sec. 20-254. Conditional uses.
Sec. 20-255. Bulk regulations.
Sec. 20-256. Supplemental outdoor storage and warehousing requirements.
Sec. 20-257. Reserved.
Division 8.5. I-1 Light Industrial District
Sec. 20-258. In general.
Sec. 20-259. Uses permitted.
Sec. 20-260. Building height regulations.
Sec. 20-261. Conditional uses.
Sec. 20-262. Bulk regulations.
Sec. 20-263. Enclosed buildings and outside storage.
Secs. 20-264-20-265. Reserved.
Division 9. R-U Rural Urban Dwelling Districts
Sec. 20-266. In general.
Sec. 20-267. Uses permitted.
Sec. 20-268. Conditional uses.
Sec. 20-269. Building height regulations.
Supp. No. 26
1307
WINTER SPRINGS CODE
Sec. 20-270. Building site area regulations.
Sec. 20-271. Front, rear and side yard requirements.
Sec. 20-272. Lot coverage.
Sec. 20-273. Off-street parking regulations.
Secs. 20-274-20-290. Reserved,
Division 10. T-1 Trailer Home Districts
Sec. 20-291. Description of district.
Sec. 20-292. Uses permitted.
Sec. 20-293. Permits.
Sec, 20-294. Uses permitted.
Sec. 20-295. Building site area regulations.
Sec. 20-296. Minimum front, rear and side yard regulations.
Sec. 20-297. Special requirements.
Secs. 20-298-20-310. Reserved,
Division 11. R-T Mobile Home Park Digtrirto
Sec. 20-311. Definition of terms.
Sec. 20-312. Description of district.
Sec. 20-313. Uses permitted.
Sec. 20-314. Special accessory uses.
Sec. 20-315. Prohibited uses_
Sec• 20-316. Application for rezoning.
Sec. 20-317. Application for construction.
Sec. 20-318. Minimum development standards and requirements.
Sec. 20-319. Special requirements.
Division 12. Town Center District Code
Sec. 20-320. Intent.
Sec. 20-321. Administration.
Sec, 20-322, Definitions.
Sec, 20-323. Permitted uses.
Sec. 20-324. General provisions.
Sec. 20-325. Transect standards.
Sec. 20-326. Building elements.
Sec. 20-327. Architectural guidelines.
Sec. 20-327.1, Signs,
Division 13. Greeneway Interchange Zoning District
Sec. 20-328. Purpose.
Sec, 20-329. General uses and intensities.
Sec. 20-330. Permitted uses, conditional uses, incidental uses within build-
ings.
Sec. 20-331. Building height.
Sec. 20-332. Setbacks,
Sec, 20-333. Parking and driveway requirements.
Sec. 20-334. Utility lines, pipes, conduit and infrastructure.
Sec. 20-335. Interconnectivity of multiple parcels.
Sec. 20-336. Development agreement; icon monument sign.
Sec. 20-337. Master development plan.
Sec. 20-338. Optional preliminary review.
Sec. 20-339. Economic and fiscal impact requirements.
Sec, 20-340. Comprehensive plan and code compliance required.
Secs. 20-341-20-344. Reserved,
Supp, No. 26
1308
ZONING
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.
Division 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 IV. Planned Unit Developments
Sec. 20-351. Intent and purpose of district.
Sec. 20-352, Development Agreement and Master Plan.
Sec. 20w3534 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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Secs.
Sec.
Secs.
Article V. Supplemental District Regulations
Division 1. Generally
ential areas.
20-411. Trailers in resid
20-412. Trailer uses.
20.413. Animals.
20.414. Exceptions.
20.415. Reserved.
20.416. Kennel zoning.
20.417. Residential wall buffers required.
20.418. Gasoline stations.
20-419. Limitations on residential densities.
20-420. Secondary metals recyclers and similar non -hazardous recyclers.
20-421. Pill mills.
20-422. Public, private and charter school and daycare center siting
criteria.
20-423, 20-424. Reserved.
20 425. Medical marijuana dispensaries prohibited.
20-426-20-430. Reserved.
Division 2. Motor Vehicles
Sec. 20-431. Parking, storage or maintenance of certain vehicles prohibited
in residentially zoned districts.
Sec. 20-432. Commercial vehicle —Definition.
Sec. 20433. Storage, repair, etc., of disabled motor vehicles; approved.
Sec. 20-434. Authorized commercial vehicles in residential areas.
Supp. No. 26
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. 20-453-20460. Reserved,
Article VI. S.R. 434 Corridor Vision Plan
Division 1. S.R. 434 Corridor Overlay District
Sec, 20461. 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, Reserved,
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. 20-476-20479. Reserved,
Division 3. Reserved
Sec. 20-480-20-500. Reserved.
Division 4. Reserved
Table 1 Recommended Shrub Pallet
Table 2 Recommended Tree Pallet
Supp. No. 26 1310
ZONING
(3) The resubdivision of land of one (1) acre
or more in area heretofore divided or
platted into lots, sites or parcels.
Swimming pool. Any constructed pool used for
swimming or bathing over twenty-four (24) inches
in depth or with a surface area exceeding two
hundred fifty (250) square feet.
Toxic materials. Materials which are capable
of causing injury to living organisms by chemical
means when present in relatively small amounts.
Trailer. Any so-called house trailer and other
similar objects, which are designed for use as a
place of abode, by one (1) or more persons, both
temporary and permanent, irrespective of whether
they are used actually for such purposes.
Trailer park. A duly licensed camp, park or
other area established to carry on the business of
parking or otherwise servicing trailers.
Use, principal. The main use of land or build-
ings as distinguished from a subordinate or
accessory use.
Yard. An open space at grade between a
building and adjoining lot line, unoccupied and
unobstructed by a portion of a structure from the
ground upward, except as otherwise provided
herein. In measuring a yard for the purpose of
determining the width of a side yard, the depth
of a front yard or the depth of a rear yard, the
minimum horizontal distance between the lot
line and the principal building shall be used.
Yard, front. A yard extending across the front
of a lot between the side yard lines A" einthe
g
minimum horizontal distance between the street
line and the principal building or any projections
of uncovered steps, uncovered balconies or
uncovered porches. On corner lots, the front yard
shall be considered as parallel to the street upon
which the lot has its dimension.
Yard, rear. A yard extending across the rear of
a lot between the sidelines of lots and being the
minimum horizontal distance between the rear
of the principal building or any projections thereof
other than the projection of uncovered steps,
balconies or porches. On all corner lots, the rear
yard shall be at the opposite end of the lot from
the front yard.
Supp. No. 26
(ard, side. A yard between the principal bu
ing and the sideline of a lot and extending from
the front lot line to the rear yard and being the
minimum horizontal distance between a side lot
line and the side of the principal building or any
projection thereto.
(Ord. No. 44, § 44.24, 1-8-68; Ord. No. 675,
12-8.97; Ord. No. 2005-09, Ord. No. 2005-09,
§ 2, 3-28.05; Ord. No. 2005-23, § 3, 9-12.05; Ord.
No. 2010-03, § % 44240; Ord. No. 2010-08, § 5,
10-25.10; Ord. No. 2011-08, § 2, 10-10-11; Ord.
No. 2016-05, § 27 2-22.16; Ord. No. 2018-01, § 2,
3-12-18)
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 20-2. Basis for regulations and require-
ments herein set forth.
The regulations and requirements herein set
forth have been made in accordance with a
comprehensive plan, with reasonable
consideration, among other things, to the prevail-
ing land uses, growth characteristics and the
character of the respective districts and their
peculiar suitability for particular uses and to
encourage the most appropriate use of land
throughout the city.
(Ord. No. 44, § 44.01, 1-8-68)
Sec. 20-3. Purpose.
In their interpretation and application, the
provisions of this chapter shall be the minimum
requirements to promote the public health, morals,
safety and general welfare; to conserve the tax-
able value of land and buildings and to protect
the character and maintain the stability of
residential, business and industrial areas within
the city and to promote the orderly and beneficial
development of such areas. Among other purposes,
such provisions are intended to provide adequate
light, air, privacy and convenience of access to
property, to avoid undue concentration of popula-
tion by regulating and limiting the height and
bulk of buildings; the size and open spaces
surrounding buildings; to establish building lines;
to divide the city into districts restricting and
regulating therein the construction, reconstruc-
tion, alteration and use of buildings, structures
and land for residence, business, industrial and
1315
§ 20-3
WINTER SPRINGS CODE
other specified uses; to limit congestion in the
public streets by providing off-street parking of
motor vehicles; and to define the powers of the
administrative officers of the planning and zoning
board as provided herein.
(Ord. No. 44, § 44.02) 1-8-68)
Sec. 20-4. Scope.
This chapter is not intended to repeal, change,
abrogate, annul or in any way impair or interfere
with the provisions of other laws or ordinances
existing on the effective date of the ordinance
from which this section was derived, except
those specifically repealed or any private restric-
tions placed on property by covenant, deed or
other private agreement. WhP•e tl„.
imposes a greater restriction upon the use of
buildings or land or upon the height of buildings
or lot coverage, or require greater lot areas,
larger yards or other open spaces than are
izrposed or ,required by such existing provisions
of law or ordinance or by such rules, regulations
or permits or by such private restrictions, the
provisions of this chapter shall control.
(Ord. No. 44, § 44.03, 1-8-68)
Sec. 20-5. Interpretation, purpose and
conflict.
In interpreting and applying the provisions of
this chapter, they shall be held to be the minimum
requirements for the promotion of the public
health, safety, morals and general welfare of the
community. It is not intended by this chapter to
interfere with, abrogate or annul any lawful
easements, covenants, or other agreements
between parties; provided, however, that where
this chapter imposes a greater restriction upon
the use of buildings or premises or upon the
heights of buildings, or requires larger open
spaces than are imposed or required by other
ordinances, rules, regulations or by lawful ease-
ments, covenants or agreements, the provisions
of this chapter shall control.
(Ord. No. 44, § 44.88, 1-8-68)
Sec. 20-6. Penalty.
Any person violating or failing to comply with
the terms and provisions specified herein upon
Supp. No. 26 1316
conviction and at the discretion of the court may
be fined, imprisoned or both as deemed appropri-
ate by the court. Each day that a violation is
permitted to exist shall constitute a separate
offense.
(Ord. No. 44, § 44.87, 1-8-68; Ord. No. 367, § 2,
5-11-87)
Secs. 20-7-20-25. Reserved.
ARTICLE II. ADMINISTRATION
DIVISION 1. PROCEDURE; LAND USE
I?ECT0Ts,,,VT"
wll vlAJ
Sec. 20-26. Intent and purpose.
ThL illtLilt a�lu purpose of ;his division is to
set forth the uniform procedure for applying for
site plans, variances, conditional uses, rezon-
ings, waivers, limited administrative waivers,
and administrative appeals as set forth in the
City Code.
(Ord. No. 2004-49, § 2, 1243-04; Ord. No.
2019-09, § 2, 640-19)
Sec. 20-27. City commission; authority.
(a) Unless otherwise provided in this chapter,
the city commission shall render all final deci-
sions regarding site plans, rezonings, variances,
conditional uses, waivers, certain limited
administrative waivers, and administrative
appeals provided for in this chapter. The city
commission may impose reasonable conditions
on any approved site plan, rezoning, variance,
conditional use, waiver, limited administrative
waiver or administrative appeal to the extent
deemed necessary and relevant to ensure compli-
ance with applicable criteria and other applicable
provisions of the City Code and comprehensive
plan. All formal decisions shall be based on
competent substantial evidence and the applicable
criteria set forth in this chapter. The city com-
mission may adopt, by resolution or ordinance,
quasi judicial rules and procedures to imple-
ment this article.
ZONING
(b) For applications having one (1) or more
complex relevant and material evidentiary issues
or multiple interested parties withstanding to
present relevant and material evidence, the city
commission at its discretion may appoint, or
direct the city manager to appoint, an advisory
hearing officer to conduct an evidentiary hearing
required by this section on a case -by -case basis.
The advisory hearing officer shall be a member
of the Florida Bar in good standing for five (5) or
more years. The hearing officer must demonstrate
satisfactory knowledge of municipal land use
and zoning law and general procedures for quasi-
judicial land use matters. Hearings conducted
pursuant to this subsection shall be noticed as
required by this division and the hearing officer
shall generally conduct the hearing in accordance
with applicable provisions of the city commis-
sion's quasi-judicial procedures. The advisory
hearing officer shall within a reasonable time,
not to exceed thirty (30) days from the date the
hearing is closed, submit in writing a report to
the city commission. Such report shall sum-
marize the evidence submitted and considered
and state precisely the hearing officer's findings,
conclusions and recommendations. The report
shall be a public record and shall be provided by
mail and email to the applicant and any interested
party. The city commission shall consider the
hearing officer's report at a public hearing. At
the hearing, the applicant, interested parties
and the public shall be permitted to comment on
the findings, conclusions and recommendations
contained in the report. The city commission
shall also take such additional relevant and
material testimony at the public hearing as
deemed necessary by the city commission to
complete the hearing on the subject application,
or the city commission may refer the application
back to the hearing officer to take additional
relevant and material evidence if necessary. The
city commission may adopt or reject, in whole or
in part, the hearing officer's proposed findings,
conclusions and recommendations. The city com-
mission's decision on the application shall be
deemed final.
(Ord. No. 44, § 44.15, 1-8.68; Ord. No. 156, § 2,
9-12.77; Ord. No. 2004-49, § 2, 12-13.04; Ord.
No. 2019-09, § 2, 6-10-19)
Supp. No. ()CZ
Sec. 20-28. Due process; special notice
requirements.
(a) All applicants shall be afforded minimal
due process as required by law, including the
right to receive notice, be heard, present evidence,
cross-examine witnesses, and be represented by
a duly authorized representative.
(b) Within five (5) business days of filing with
the city or as soon as practicable, applications
filed under this division shall be publicly posted
on the city's website on a web page reserved for
identifying pending land use applications.
(c) In addition to any notice requirements
I by state law, all public hearings under
this division shall be publicly noticed for at least
seven (7) calendar days prior to any required
planning and zoning board hearing and at least
twenty (20) calendar days prior to any required
city commission hearing unless otherwise provided
by subsections (d) and (e). Said notice shall
include the address of the subject property,
matter to be considered and the time, date and
place of the hearing. The notice shall be posted
in the following manner:
1317
(1) Posting the affected property on a sign
form provided by the city.
(2) Posting at city hall.
(3) Notifying, by U.S. mail, all owners of real
property adjacent to and within
approximately five hundred (500) feet of
the subject property based on the informa-
tion contained in the property appraiser's
or similar property database. In addi-
tion, all neighborhood homeowner's
associations registered with the city and
located within one -half -mile of the
property shall likewise be provided notice
by U.S. mail. Said mailing shall only be
required for the initial public hearing
and shall not be required for hearings
that are continued to a date certain by
the planning and zoning board or city
commission.
(4) Posting on the city's website and social
media platform.
WINTER SPRINGS CODE
The notice requirements set forth in subsec-
tions (1), (2), (3), and (4) above are hereby
deemed to be courtesy notices. The failure to
provide such courtesy notices shall not be a basis
of appealing any decision made under this divi-
sion.
(d) Public hearings initially noticed as required
by this section and then continued by the plan-
ning and zoning board or city commission may be
continued to a date certain without compliance
with the minimum seven (7) and twenty (20)
calendar day requirement.
(e) Applications regarding an existing single-
family home shall be publicly noticed for at least
seven (7) calendar days prior to any required
punning and zoning board or city commission
hearing, and shall not require posting of the
affected property.
(Ord. No. 44, § 44.16, 1-8-68; Ord. No. 156, § 2)
9-1.2-??; Or 1. TTo, 214, 5§ 1, 2, 5-13-00; of, iVo.
231, § 1, 2-24-81; Ord. No. 2004.49, § 2, 12-13-
04; Ord. No. 2019-09, § 2, 64049)
Sec. 20-28.1. Conceptual plan review —Non-
binding and binding by
development agreement.
Applicants may, at their option and sole cost
and risk, submit site layout and building eleva-
tion designs in schematic or sketch form to the
city commission for a non -binding and preliminary
review as an initial courtesy to the applicant.
These submittals are subject to a more formal
application process which requires the submis-
sion of more detailed plans and specifications
and requires a more detailed review and final
consideration of approval by the city commis-
sion. Comments and statements made by city
officials at the preliminary review are non-
binding unless memorialized in a written agree-
ment approved by the city commission. City staff
and the applicant shall only seek feedback from
the commission and city staff shall not make a
formal recommendation regarding the proposed
project at this time, unless the application is
accompanied by a written development agree-
ment being proposed by city staff for the commis-
sion's approval or during the preliminary review,
a development agreement is pursued by the city
Supp. No. 2s 1318
commission and the applicant. In which case,
the city staff shall make a recommendation
regarding the application and proposed agree-
ment. This non -binding and preliminary review
shall not be relied upon by the applicant as a
final decision and shall not be construed in any
manner as creating any vested right or entitle-
ment for the development of the subject property.
By requesting and participating in the optional
preliminary review process, the applicant shall
be deemed to have read and agreed to this code
provision and to hold the city and its officials
harmless for any future actions they may have
taken based on the results of a preliminary
review pursuant to this section.
(Ord. No. 2019-09, § 2, 6-10-19)
Sec. 20-282. Pre -application meeting.
A prospective applicant, who desires to submit
an application, for a devcloprieii I;ioject which
will require a community workshop under sec-
tion 20-29.1, shall be required to schedule and
attend a pre -application meeting with the com-
munity development department in order to
discuss the application process and the proposed
project. For all other projects, it is recommended
that applicants meet with the community develop-
ment department prior to submitting an applica-
tion. No person may rely upon any comment
made by any participant at the pre -application
conference as a representation or implication
that the application will be ultimately approved
or rejected in any form.
(Ord. No. 2019-09, § 2, 6-1049)
Sec. 20-29. Applications.
(a) The city manager or the city manager's
designee is hereby authorized to prepare applica-
tions in furtherance of this division. At a
minimum, applications for conceptual plan review
shall require payment of an applicable applica-
tion fee adopted by the city commission. Applica-
tions for non -binding conceptual plan review
shall contain the information required by
subparagraphs (1) through (6), site layout and
building elevation designs in schematic or sketch
form, and such other preliminary information
deemed necessary by the applicant or city staff
to describe the development concept and the
ZONING
of the proposed to submit with the application the follow
ff -
potential on- and off -site impacts in information except as provided by
development. Additionally, all applications for g
site plans, rezonings, variances, conditional uses, subsection (11):
waivers, and binding development agreements a. A current up-to-date tree survey
including binding conceptual plan approval, shall and tree preservation and landscape
be accompanied by the applicable application fee plan;
adopted by the city commission and shall contain b. A site plan, drawn to scale, which
the following information which shall be shall indicate:
considered by the city when evaluating the 1 Building elevations illustrat-
applicable review criteria: ing all side of structures, floor
(1) A general description of the relief sought plans, locations and orienta-
under this divisioni tions, and landscape areas;
(2) A brief explanation, with applicable sup- 2. Ingress and egress, emergency
porting competent substantial evidence access, parking locations and
and documents, as to why the application number of spaces, sidewalks
satisfies the relevant criteria set forth in and pedestrian and vehicle
this division. circulation within the site;
(3) The name(s) of the owner(s) of the 3. If applicable, stacking/queuing
particular real property. of vehicles, drop off zones, truck/
delivery areas, bike rack loca-
(4) If the applicant is other than all of the tions, and connections to
owners of the particular property, writ- adjacent properties;
ten consent signed by all owners of the 4. Paved surfaces, materials and
particular real property shall be attached. location(s);
(5) The legal description of the particular 5. Site location diagram and legal
real property, accompanied by a certified description;
survey or that portion of the map g Signage;
maintained by the Seminole County
Property Appraiser reflecting the boundar- 7. Wetland and floodplain
ies of the particular real property. boundaries;
Screening, buffering and light-
(6) The current and future land use and the 8. in plans; and
zoning designations on the real property. g p
9. Such other relevant informa-
tion For all new commercial development, regarding the proposed
new residential subdivisions of ten (10) site.
or more lots, conditional uses, waiver, g y prepared b a
variance, existing commercial buildings c. A parq in analysis,
s, p the
being altered by fifty (50) percent or dulyqualified expert, justifying
greater of the original floor area or seat- proposed parking solution;
ing capacity and requiring a modified d An economic fiscal impact report,
site plan, or development agreements prepared by a duly qualified expert,
processed under section 20-28.1 of the in compliance with the require -
City Code, or as otherwise deemed ments set forth in the city's
applicable by the city to relevantly and comprehensive plan and Code, if
competently examine an application for applicable and required by the city;
compliance with the City Code and the
effect and impact the proposed use will e. A traffic study and analysis, prepared
by a duly qualified expert, regard -
have on neighborhood and surrounding
properties, applicants shall be required ing both the estimated impact of the
Supp.
No. 26 1319
WINTER SPRINGS CODE
proposed project on the neighbor-
hood and surrounding properties and
the established level of service on
affected roads;
f. A stormwater management plan;
g. A noise study to analyze current
and proposed noise levels as well as
methods of sound attenuation, if
applicable and required by the city.
(8) If a residential development is proposed,
a school concurrency letter from the school
district, if applicable, and the proximity
and transportation routes of the proposed
development to the elementary, middle
and 1.igh schuuls assigned by the school
district.
(9) If the proposed development has the
potential to discharge noxious odors or
pollutants, an odor or pollution study,
prepared by a duly qualified expert,
regarding the proposed project's estimated
odor or pollutant impact on the neighbor-
hood, surrounding properties and the
environment.
(10) Other reasonable supporting documents
to indicate intentions and/or any other
items reasonably required by the city to
determine whether or not the proposed
development is in compliance with the
city's comprehensive plan and Code.
(11) The application requirements set forth in
subsection (7) shall only apply to existing
single-family homes, conditional uses,
waivers and variances if the city
determines that such information is neces-
sary for the city to relevantly and
competently evaluate an application for
compliance with the City Code and the
effect and impact the proposed applica-
tion will have on neighborhood and sur-
rounding properties using applicable
review criteria.
(12) Application requirements for administra-
tive appeals are governed by section 20-35
of the City Code.
Supp. No, 26 1320
(b) Incomplete applications will not be
processed and presented to the planning and
zoning board and city commission, or if
inadvertently presented to said board and city
commission, the board and city commission may
require the applicant to complete the application
if deemed necessary before proceeding with final
review of the application. Applicants will be
provided written notice of incomplete applica-
tions and be afforded a reasonable opportunity to
sufficiently complete an application before an
incomplete application is deemed rejected and
returned by the city staff. If an application is
deemed incomplete and the applicant fails to
complete it within ninety (90) days of written
notice from the city, the city shall have the right
by providing written notice to the applicant, to
deem the application withdrawn by the applicant.
Extensions of time may be granted by the city for
good cause shown. Applications deemed
v�ithd,°awn shall not be processed and the applica-
tion fee shall be deemed forfeited. Withdrawn
applications may be refiled in complete form and
payment of the applicable application fee.
(c) All site plans, rezonings, variances,
conditional uses, waivers, limited administrative
waivers, and appeals approved herein shall be
binding on the use of the property. As a condition
of approval by the city commission, all develop-
ment projects requiring a community workshop
pursuant to section 20-29.1 of the City Code,
shall be required to be memorialized in a binding
development agreement which shall be executed
by the city and property owner. If the applicant
is a developer, the developer shall be required to
execute the binding development agreement
subject to closing and acquiring the property.
The agreement shall be recorded against the
property so that the terms and conditions of
approval related to the development project or
conditional use shall run with the land.
(Ord. No. 2004.49, § 2, 12-13-04; Ord. No.
2019-09, § 2, 64049)
Sec. 20-29.1. Community workshop require-
ments.
(a) For all new commercial development, new
residential subdivisions of ten (10) or more lots,
conditional uses, existing commercial buildings
ZONING
being altered by fifty (50) percent or greater of
the original floor area or seating capacity and
requiring a modified site plan, or development
agreements processed under section 20-28.1 of
the City Code, the applicant shall be responsible
for conducting a community workshop to inform
neighboring property owners of the proposed
application and answer questions relevant to the
proposed application. At a minimum, preliminary
demonstrative concept plans, development
schedules, and specifications of the proposed
development project such as land uses, size and
height of buildings, intensity and density, new
roads, and other primary features and amenities
shall be presented to the public. The workshop
shall be held in a location approved by the city,
which shall be generally near the subject property,
and shall be held in a facility that is ADA
compliant. At the applicant's expenses, the city
shall provide notification by mail to all owners of
property located within five hundred (500) feet of
the subject property and to all neighborhood
homeowner's associations registered with the
city and located within one -half -mile of the
property. The city manager or designee shall
provide mailing labels to the applicant. The city
shall mail these notices with proper postage at
least twenty (20) calendar days before the
workshop date, and provide proof of same to the
city manager or designee. The city shall also
publish notice on the city's website and social
media platform at least twenty (20) calendar
days before the date of the workshop.
(b) The workshop date and time shall be
scheduled in coordination with the city and shall
start between 6:00 p.m. and 8:00 p.m. on a
weekday or with the approval of the city manager
between 9:00 a.m. and 5:00 p.m. on a weekend.
All required workshops shall be held prior to
submittal of the application with the exception
that applications for a non -binding and
preliminary review, without a development agree-
ment, under section 20-28.1 shall not require a
workshop. The applicant shall be required to
schedule an additional workshop if the initial
workshop has occurred more than six (6) months
prior to submittal of the application, or the
applicant's initially proposed plans have
substantially and materially changed from the
0
upp. No. 26
tial workshop or the city commission determines
that an additional workshop is required before
making a final decision on any related applica-
tion.
(Ord. No. 2019-09, § % 6-10-19)
Sec. 20-30a Staff review
(a) The city staff shall be required to review
all applications for site plans, rezonings, vari-
ances, conditional uses, waivers, and administra-
tive appeals, and make written recommendations
to the planning and zoning board and the city
commission as may be required in this article.
Staff recommendations shall include at a
minimum the following relevant information:
(1) Background data about the subject
property including, but not limited to,
current future land use and zoning
designations, previous applicable develop-
ment agreements, binding land covenants,
parcel size and dimensions, development
constraints such as wetlands and
conservation areas and easements, and a
map and aerial of the subject and sur-
rounding property;
(2) Information regarding adjacent and sur-
rounding land uses;
(3) Information regarding the applicant and
proposed application request;
(4) Citation and summary of applicable law
such as city comprehensive plan policies,
City Code provisions and state and federal
laws;
(5) Procedural history of the proposed applica-
tion and project including application
submittal dates, legal advertisements,
other related pending applications, previ-
ous city commission approvals, com-
munity workshop meetings, and planning
and zoning board recommendations;
(6) Summary of relevant review criteria
regarding the application;
1321
(7) The applicants written analysis and
response to the review criteria;
(8) City staff s written analysis and response
to the review criteria; and
§ 20-30 WINTER SPRINGS CODE
(9) Other competent substantial evidence on the city's implementation of the goals,
deemed necessary by city staff to analyze policies and objectives of the
the application for compliance with law. comprehensive plan;
(b) Upon completion of the written recom-
mendation, city staff shall forward the applica-
tion along with the recommendation, to the
planning and zoning board as required by this
division, for a duly noticed public hearing and
recommendation before the city commission
considers the application.
(Ord. No. 2004-49, § 2, 1243-04; Ord. No.
2010-09, § 2, 4-2640; Ord. No. 2019-09, § 2,
64049)
Sec. 20-31. Rezonings.
(a) Any real property owner may file a rezon-
ing application requesting a change in zoning
designation for their real property.
(b) The planning and zoning board shall be
required to review all rezoning applications and
make a written recommendation to the city
commission. Such recommendation shall include
the reasons for the board's recommendation and
show the board has considered the applicable
rezoning criteria set forth in this section.
(c) Upon receipt of the planning and zoning
board's recommendation, the city commission
shall make a final decision on the application. If
the city commission determines that the plan-
ning and zoning board has not made a recom-
mendation on an application within a reasonable
period of time, the city commission may, at its
discretion, consider an application without the
planning and zoning board's recommendation.
(d) All rezoning applications shall be reviewed
for compliance with the following standards:
(1) The proposed rezoning change is in compli-
ance with all procedural requirements
established by the City Code and law;
(2) The proposed rezoning change is
consistent with the goals, policies and
objectives of the city's comprehensive
plan including, but not limited to, the
future land use map and the proposed
change would not have an adverse effect
Supp. No. 26 1322
(3) The proposed rezoning change is
consistent with any master plan applicable
to the property;
(4) The proposed rezoning change is not
contrary to the land use pattern
established by the city's comprehensive
plan;
(5) The proposed rezoning change would not
create a spot zone prohibited by law;
(6) The proposed rezoning change would not
'nateriull;' ultcl the NupuiaLion density
pattern in a manner that would overtax
the load on public facilities and services
such as schools, utilities, streets, and
other municipal services end
infrastructure;
(7) The proposed rezoning would not result
in existing zoning district boundaries
that are illogically drawn in relation to
existing conditions on the property and
the surrounding area and the land use
pattern established by the city's
comprehensive plan;
(8) Changed or changing conditions make
the proposed rezoning necessary for the
city to serve the population and economic
activities;
(9) The proposed rezoning change will not
seriously reduce light or air to adjacent
areas;
(10) Should the city be presented with
competent substantial evidence indicat-
ing that property values will be adversely
affected by the proposed rezoning, the
applicant must demonstrate that the
proposed rezoning change will not
adversely affect property values in the
surrounding area;
(11) The proposed rezoning will not be a
substantial detriment to the future
improvement or development of vacant
adjacent and surrounding property;
ZONING
(12) The proposed rezoning will not constitute change of zoning shall be deemed to be
a grant of special privilege to an individual granted in reliance on said site plan or
owner as contrasted with the public concept plan, even though said site plan
welfare and legitimate government or concept plan imposes greater or stricter
interests; standards on said property than does
other provisions of the City Code for the
(13) The proposed rezoning change and allowed uses, intensity and density are compat- other lots, tracts, or parcels of land in
like land use classifications. Such greater
ible with and not out of scale or incompat- ible with the surrounding existing or stricter standards shall be deemed
development and needs of the neighbor- appropriate when unique or peculiar site
hood or the city; and locational characteristics are evident
and shall be deemed to exist when such
(14) The proposed rezoning does not violate site plan or concept plan is relied upon by
any applicable land use regulations the planning and zoning board and the
adopted by the city. city commission. The proposed new
(15) Applications in the town center to rezone development project shall be evaluated
to a transect zone shall meet the follow- in accordance with the review criteria set
ing additional criteria: forth in this subsection and the applicable
a. The proposed t-zone shall provide a review criteria for conditional uses set
logical extension of an existing zone, forth in section 20-33. Mitigative
or an adequate transition between techniques and plans required to support
any change of zoning may be addressed
zones. pursuant to the restricted rezoning provi-
b. The area shall have had a change in sions set forth in subsection (e) and a
growth and development pattern to binding development agreement*
warrant a rezoning to a more or less
urban t-zone. (17) If the proposed rezoning will allow
co be consistent with residential uses or increase the possible
The request shall
the overall city vision for growth density of residential uses, the proposed
and development as expressed in rezoning shall not potentially cause nega-
the city's comprehensive plan or tive impacts on school capacity (K-12),
applicable master plano school overcrowding (K-12), accessibil-
ity and convenience (e.g., walking distance,
(16) Speculative rezoning of land is very travel time, private and public transporta-
disfavored by the city. In conjunction tion, and quality of route environment)
with a rezoning application, the applicant to the majority of the K-12 school popula-
shall be required to fully disclose any tion projected for the property and that
proposed new development project that
will be pursued by the applicant if the
will be drawn from any proposed
roved, residential project, and the integration of
proposed rezoning request is app
future residents of any proposed
and all applicable application informa- residential project into the existing city
tion shall be submitted for the proposed p
new development project. The proposed of Winter Springs community in a sustain -
development project shall be deemed to able manner.
have been relied on by City in reaching
(18) Whether the applicant has agreed to
its decision concerning the proposed
execute a binding development agree -
change of zoning. Said site plan or concept ment required by city to incorporate the
plan shall be deemed to be binding on the
subject property affected by the rezoning terms and conditions of approval deemed
and site plan or concept plan, and any necessary by the city commission includ-
Supp. No. 26 1322.1
WINTER SPRINGS CODE
ing, but not limited to, any mitigative
techniques and plans required by City
Code.
(e) In approving a change in the zoning clas-
sification on a lot or parcel of land, at the request
of or with the concurrence of the owner of said lot
or parcel, the city commission may approve a
rezoning subject to restrictions provided such
restrictions do not confer any special privilege
upon the owner or subject property that would
otherwise be denied by the city's land develop-
ment regulations in the same zoning district.
Such restrictions may include one or more of the
following:
(1) Use restrictions greater than those
f1tllPrpcji n �„n ;£�.�:ii is tildi, particular
district;
(2) Density restrictions greater than those
otherwise specified for the particular
district;
(3) Setbacks greater than those otherwise
specified for the particular district, includ-
ing setbacks from lakes and major arte-
rial roadways;
(4) Height limits more restrictive than
otherwise permitted in the district;
(5) Minimum lot areas or minimum widths
greater than otherwise specified for the
particular district;
(6) Minimum floor area greater than
otherwise specified for structures in the
particular district;
(7) Open space requirements greater than
otherwise required for property in the
particular district;
(8) Parking, loading driveway or traffic
requirements more restrictive than
otherwise required for the particular
district;
(9) Fencing or screening requirements greater
than otherwise required for the particular
district;
(10) Restrictions on any other matters which
the city commission is authorized to
regulate.
Upon approval of such restrictive rezonings, the
planning division shall enter a reference to the
restrictions on the city's official zoning map, and
a notice of zoning restrictions shall be recorded
in the public records of Seminole County. Restric-
tions shall run with the land, without regard to
transfer of ownership or other interests, and
may be removed only upon further amendment
to the zoning classification of the subject property
in accordance with the procedures prescribed
herein.
(Ord. No. 2004-49, § 2, 1243-04; Ord. No.
2019-0% § 2, 64049)
Sec. 20-32. Variances.
(a) Any real property owner may file a vari-
ance application requesting variance from this
chapter for their real property. Variances may be
approved only for height, width, length or area of
structures; size of lots; size of yard setbacks;
driveway widths; building design standards
(dimensional standards only); landscaping area
requirements for vehicular use areas; landscape
buffer requirements for buffer strip areas;
landscape zones; street setbacks; glazing and
window percentages; and minimum first floor
height. Under no circumstances may a variance
be granted to allow a use not permitted generally
or by conditional use permit in the district
involved, or any use expressly or by necessary
implication prohibited in the district by the
terms of this chapter or other applicable provi-
sion of the City Code.
(b) The planning and zoning board shall be
required to review all variance applications and
make a written recommendation to the city
commission. Such recommendation shall include
the reasons for the board's recommendation and
show the board has considered the applicable
variance criteria set forth in this section.
(c) Upon receipt of the planning and zoning
boardIs recommendation, the city commission
shall make a final decision on the application. If
the city commission determines that the plan-
ning and zoning board has not made a recom-
mendation on an application within a reasonable
Supp. No. 26
1322.2
ZONING
period of time, the city commission may, at its
discretion, consider an application without the
planning and zoning board's recommendation.
(d) All variance recommendations and final
decisions shall be based on an affirmative find-
ing as to each of the following criterion:
(1) That special conditions and circumstances
exist which are peculiar to the land,
structure or building involved and which
are not applicable to other lands, build-
ings or structures in the same zoning
district.
(2) That special conditions and circumstances
do not result from the actions of the
applicant or applicant's predecessor in
title.
(3) That literal interpretation of this chapter
would work an unnecessary and undue
hardship on the applicant deprive the
applicant of rights commonly enjoyed by
other properties in the same zoning
district under the terms of this chapter
and other applicable building and land
development codes of the city.
(4) That the special conditions and
circumstances referred to in subsection
(d)(1) of this section do not result from
the actions of the applicant.
(5) That approval of the variance requested
will not confer on the applicant any
special privilege that is denied by this
chapter to other lands, buildings, or
structures in the same zoning district.
(6) That the requested variance is the
minimum variance from this chapter
necessary to make possible the reason-
able use of the land, building or structure.
(7) That approval of the variance will be in
harmony with the general intent and
purpose of this chapter, and will not be
injurious to the neighborhood or otherwise
detrimental to the public welfare.
(8) Whether the applicant has agreed to
execute a binding development agree-
ment required by the city to incorporate
the terms and conditions of approval
Supp. No. 26
deemed necessary by the city commission
including, but not limited to, any mitiga-
tive techniques and plans required by
City Code.
(e) The following factors shall not be considered
in any variance request:
(1) The presence of nonconformities in the
zoning district or adjoining districts.
(2) Financial loss or business competition.
(3) Whether the property was purchased
with the intent to develop or improve the
property, whether or not it was known at
the time of purchase that such develop-
ment would be a violation.
(Ord. No. 2004-49, § 2, 12-13.04; Ord. No.
2010-0% § 2, 4-26.10; Ord. No. 2019-09, § 2,
6-10-19)
Sec. 20-33. Conditional uses.
(a) Any real property owner may file a
conditional use application requesting a
conditional use of their real property providing
the conditional use is listed in the applicable
zoning district category.
(b) The planning and zoning board shall be
required to review all conditional use applica-
tions and make a written recommendation to the
city commission. Such recommendation shall
include the reasons for the board's recommenda-
tion and show the board has considered the
applicable conditional use criteria set forth in
this section.
(c) Upon receipt of the planning and zoning
board's recommendation, the city commission
shall make a final decision on the application. If
the city commission determines that the plan-
ning and zoning board has not made a recom-
mendation on an application within a reasonable
period of time, the city commission may, at its
discretion, consider an application without the
planning and zoning board's recommendation.
(d) All conditional use recommendations and
final decisions shall be based on the following
criteria to the extent applicable:
(1) Whether the applicant has demonstrated
the conditional use, including its proposed
1322.3
WINTER SPRINGS CODE
density, height, scale and intensity, hours
of operation, building and lighting design,
setbacks, buffers, noise, refuse, odor,
particulates, smoke, fumes and other emis-
sions, parking and traffic -generating
characteristics, number of persons
anticipated using, residing or working
under the conditional use, and other
off -site impacts, is compatible and
harmonious with adjacent land uses, and
will not adversely impact land use activi-
ties in the immediate vicinity.
(2) Whether the applicant has demonstrated
the size and shape of the site, the proposed
access and internal circulation, and the
desi c„l.a:ce��ie��i s i,o be adequate to
accommodate the proposed density, scale
and intensity of the conditional use
requested. The site shall be of sufficient
size to accommodate design amenities
such as screening, buffers, landscaping,
open space, off-street parking, safe and
convenient automobile, bicycle, and
pedestrian mobility at the site, and other
similar site plan improvements needed
to mitigate against potential adverse
impacts of the proposed use.
(3) Whether the proposed use will have an
adverse impact on the local economy,
including governmental fiscal impact,
employment, and property values.
(4) Whether the proposed use will have an
adverse impact on the natural environ-
ment, including air, water, and noise
pollution, vegetation and wildlife, open
space, noxious and desirable vegetation,
and flood hazards.
(5) Whether the proposed use will have an
adverse impact on historic, scenic, and
cultural resources, including views and
vistas, and loss or degradation of cultural
and historic resources.
(6) Whether the proposed use will have an
aAverse impact on public services, includ-
ing water, sewer, stormwater and surface
water management, police, fire, parks
Supp. No. 26 1322.4
and recreation, streets, public transporta-
tion, marina and waterways, and bicycle
and pedestrian facilities.
(7) Whether the traffic report and plan
provided by the applicant details safe
and efficient means of ingress and egress
into and out of the neighborhood and
adequately addresses the impact of
projected traffic on the immediate
neighborhood, traffic circulation pattern
for the neighborhood, and traffic flow
through immediate intersections and
arterials.
(8) Whether the proposed use will have an
adverse impact on housing and social
conditions, including variety of housing
unit types and prices, and neighborhood
quality.
(9) Whether the proposed use avoids
significant adverse odor, emission, noise,
glare, and vibration impacts on adjacent
and surrounding lands regarding refuse
collection, service delivery, parking and
loading, signs, lighting, and other sire
elements.
(10) Whether the applicant has provided an
acceptable security plan for the proposed
establishment that addresses the safety
and security needs of the establishment
and its users and employees and
minimizes impacts on the neighborhood,
if applicable.
(11) Whether the applicant has provided an
acceptable plan for the mass delivery of
merchandise for new large footprint build-
ings (greater than twenty thousand
(20,000) square feet) including the hours
of operation for delivery trucks to come
into and exit the property and surround-
ing neighborhood, if applicable.
(12) Whether the applicant has demonstrated
that the conditional use and associated
site plan have been designed to
incorporate mitigative techniques and
plans needed to prevent adverse impacts
ZONING
addressed in the criteria stated herein or tions and make a written recommendation to the
to adjacent and surrounding uses and city commission. Such recommendation shall
properties. include the reasons for the board's recommenda-
tion and show the board has considered the
(13) If the proposed conditional use is a applicable criteria set forth in this section.
residential use, whether the elementary,
middle and high schools (K-12) that will (c) Upon receipt of the planning and zoning
be initially assigned to the residential board's recommendation, the city commission
project by the school district at the time shall make a final decision on the application. If
the city commission considers final the city commission determines that the plan -
approval of the conditional use have both ning and zoning board has not made a recom-
sufficient capacity, are in close proximity mendation on an application within a reasonable
to the project so as to make each of the period of time, the city commission may, at its
assigned schools accessible and convenient discretion, consider an application without the
(e.g., walking distance, travel time, private planning and zoning board's recommendation.
and public transportation, and quality of
(d) Except in situations involving one (1) single -
route environment) to the majority of the family home, all site and final engineering plan
school population that will be drawn
and subdivision recommendations and final deci-
from the project, and promote and sup-
port the integration of future residents of sions shall be based on whether the site and final
the project into the existing city of Winter engineering plan and subdivision of land complies
Springs community in a sustainable with all the technical requirements set forth in
chapter 9 of the City Code and the following
manner. criteria to the extent applicable:
(14) Whether the applicant has agreed to (1) Whether the applicant has demonstrated
execute a binding development agree- the site and final engineering plan and
ment required by city to incorporate the subdivision of land, including its proposed
terms and conditions of approval deemed density, height, scale and intensity, hours
necessary by the city commission includ- of operation, building and lighting design,
ing, but not limited to, any mitigative setbacks, buffers, noise, refuse, odor,
techniques and plans required by City particulates, smoke, fumes and other emis-
Code. sions, parking and traffic -generating
(Ord. No. 200449, § 2, 12-13.04; Ord. No. characteristics, number of persons
2010-09, § 2, 4-26.10; Ord. No. 2019-09, § 2, anticipated using, residing or working
6-1049) under the plan, and other off -site impacts,
is compatible and harmonious with
Sec. 20-33.1. Site and final engineering adjacent land uses, and will not adversely
plans. impact land use activities in the immedi-
(a) Site and final engineering plans and the ate vicinity.
subdivision of land shall also be subject to the (2) Whether the applicant has demonstrated
technical requirements set forth in chapter 9 of the size and shape of the site, the proposed
the City Code. It is the intent of this section to access and internal circulation, and the
apply to applications for site and final engineer- design enhancements to be adequate to
ing plans and to any subdivision of land requir- accommodate the proposed density, scale
ing a plat, if applicable, and does not include and intensity of the site and final engineer -
review and approval of a lot split application. ing plan requested. The site shall be of
sufficient size to accommodate design
(b) Except in situations involving one (1) single- amenities such as screening, buffers,
family home, the planning and zoning board landscaping, open space, off-street park -
shall be required to review all site and final in safe and convenient automobile,
engineering plan and subdivision of land applica- g,
Supp. No. 26 1322.5
§ 20-33.1
WINTER SPRINGS CODE
bicycle, and pedestrian mobility at the
site, and other similar site plan improve-
ments needed to mitigate against potential
adverse impacts of the proposed use.
(3) Whether the proposed site and final
engineering plan and subdivision of land
will have an adverse impact on the local
economy, including governmental fiscal
impact, employment, and property values.
(4) Whether the proposed site and final
engineering plan and subdivision of land
will have an adverse impact on the natural
environment, including air, water, and
noise pollution, vegetation and wildlife,
open mace pnuin„s and _
i,.,i•"Ulu VCgeLa-
tion, and flood hazards.
(5) Whether the proposed site and final
engineering plan and subdivision of land
will have an adverse impact on historic,
scenic, and cultural resources, including
views and vistas, and loss or degradation
of cultural and historic resources.
(6) Whether the proposed site and final
engineering plan and subdivision of land
will have an adverse impact on public
services, including water, sewer, storm.
water and surface water management,
police, fire, parks and recreation, streets,
public transportation, marina and
waterways, and bicycle and pedestrian
facilities.
(7) Whether the site and final engineering
plan and subdivision of land, and related
traffic report and plan provided by the
applicant, details safe and efficient means
of ingress and egress into and out of the
neighborhood and adequately addresses
the impact of projected traffic on the
immediate neighborhood, traffic circula-
tion pattern for the neighborhood, and
traffic flow through immediate intersec-
tions and arterials.
(g) Whether the proposed site and final
engineering plan and subdivision of land
will have an adverse impact on housing
and social conditions, including variety
of housing unit types and prices, and
neighborhood quality.
(9) Whether the proposed site and final
engineering plan and subdivision of land
avoids significant adverse odor, emis-
sion, noise, glare, and vibration impacts
on adjacent and surrounding lands regard-
ing refuse collection, service delivery,
parking and loading, signs, lighting, and
other sire elements.
(10) Whether the applicant has provided an
acceptable security plan for the proposed
establishment to be located on the site
and f171,91 engin �rrnb pluii aiiU SUOUIVI-
sion of land that addresses the safety
and security needs of the establishment
and its users and employees and
minimizes impacts on the neighborhood,
if' applicable.
(11) Whether the applicant has provided on
the site and final engineering plan and
subdivision of land an acceptable plan
for the mass delivery of merchandise for
new large footprint buildings (greater
than twenty thousand (20,000) square
feet) including the hours of operation for
delivery trucks to come into and exit the
property and surrounding neighborhood,
if applicable.
(12) Whether the applicant has demonstrated
that the site and final engineering plan
and subdivision of land have been
designed to incorporate mitigative
techniques and plans needed to prevent
adverse impacts addressed in the criteria
stated herein or to adjacent and surround-
ing uses and properties.
(13) Whether the applicant has agreed to
execute a binding development agree-
ment required by city to incorporate the
terms and conditions of approval deemed
necessary by the city commission includ-
ing, but not limited to, any mitigative
techniques and plans required by City
Code.
(Ord. No. 2019-09, § 2, 6-10-19)
Supp. No, 26 1322.E
ZONING
Sec. 20=34. Waivers* patently unreasonable result caused by
the applicable term or condition under
(a) Any real property owner may file a waiver this chapter.
application requesting a waiver for their real
property from any term and condition of this (7) The proposed development plan is compat-
chapter (except from the list of permitted, ible and harmonious with the surround -
conditional and prohibited uses set forth in any ing neighborhood*
zoning district category).
(8) Whether the applicant has agreed to
(b) The planning and zoning board shall be execute a binding development agree -
required to review all waiver applications and ment required by city to incorporate the
make a written recommendation to the city terms and conditions of approval deemed
commission. Such recommendation shall include
the reasons for the board's recommendation and necessary by the city commission includ-
show the board has considered the applicable ing, but not limited to, any mitigative
techniques and plans required by City
waiver criteria set forth in this section. Code.
(c) Upon receipt of the planning and zoning (Ord. No. 200449, § 2, 12-13-04; Ord. No.
board's recommendation, the city commission 2010-0% § 21 4-26.10; Ord. No. 2019-09, § 2,
shall make a final decision on the application. If 6-10-19)
the city commission determines that the plan-
ning and zoning board has not made a recom-
mendation on an application within a reasonable Sec. 20-35. Administrative appeals.
period of time, the city commission may, at its
discretion, consider an application without the (a) Any final administrative decision regard -
planning and zoning board's recommendation* ing the enforcement or interpretation of this
chapter, where it is alleged there is an error by
(d) All waiver recommendations and final deci- an administrative official, can be appealed as set
sions shall also comply with the following criteria: forth in this section. Administrative appeals are
(1) The applicant clearly demonstrates that not authorized or permitted on interpretation
the applicable term or condition clearly issues based on the following:
creates an illogical, impossible, impracti-
cal, or patently unreasonable result (1) Any order, requirement, decision, or
determination made regarding code
related to the proposed property and enforcement, including notice of viola -
development.
tions and civil citations.
(2) The proposed development plan is in
substantial compliance with this chapter (2) Acts of administrative officials pursuant
and in compliance with the comprehensive to the orders, resolutions, or directives of
plan. the city commission including develop-
(3) The proposed development plan will
ment agreementsq
significantly enhance the real property. (3) Zoning verification letters.
(4) The proposed development plan serves
the public health, safety, and welfare.
(5) The waiver will not diminish property
values in or alter the essential character
of the surrounding neighborhood.
(6) The waiver granted is the minimum
waiver that will eliminate or reduce the
illogical, impossible, impractical, or
Supp. No. 26 1322.7
(4) Challenges to a development order
163.3215
controlled by F.S. § .
(5) Appeals that circumvent procedures
required by this chapter, including those
that are more appropriately addressed in
an application for a waiver, variance, or
rezoning.
WINTER SPRINGS CODE
(b) The following persons shall have standing
to appeal an administrative decision that is not
of general applicability and that is specifically
related to a particular project or parcel of real
property:
(1) An applicant who is adversely affected by
the decision.
(2) A property owner whose property is the
subject of the decision.
(3) All owners of real property that lies
within five hundred (500) feet of the
property that is the subject of the deci-
sion.
(4) Any resident, landowner, or person having
a contractual interest in land in the city
who demonstrates a direct adverse impact
from the decision that exceeds in degree
tho gcncral intofoe A ill community good
shared by all persons.
(c) Appeals shall be taken within thirty (30)
calendar days after such administrative decision
is signed by the administrative official rendering
the decision or is otherwise rendered in writing.
Appeals shall be made by filing a written notice
of appeal with the city manager stating the
name of the decision maker, date of the decision,
applicable code provisions and the specific grounds
for appeal. A copy of the written decision shall
accompany the written notice of appeal and
filing fee. Upon receipt of the notice of appeal,
the city manager shall schedule the appeal before
the planning and zoning board within sixty (60)
calendar days and transmit all documents, plans,
papers, transcripts or other materials constitut-
ing the record upon which the action appealed
from was taken. Within twenty (20) calendar
days of the filing of a notice of appeal pursuant to
this section, any person with standing may
intervene and become a party to the appeal by
filing a written notice of appeal in accordance
with this section and payment of the filing fee.
(e) Upon receipt of the planning and zoning
board's recommendation, the city commission
shall make a final decision on the administrative
appeal. If the city commission determines that
the planning and zoning board has not made a
recommendation on an administrative appeal
within a reasonable period of time, the city
commission may, at its discretion, consider an
application without the planning .and zoning
board's recommendation.
(f) The hearing shall be limited to the record
on appeal and shall consist of oral argument by
city staff and parties with standing, each of
whom may be represented by legal counsel, and
the party challenging the administrative deci-
sion shaii have the burden of proof. The hearing
shall be conducted in accordance with established
Florida law for quasi-judicial hearings. The record
on appeal shall consist of the following:
(1) The application
information;
and
accompanying
(2) The written decision of the administra-
tive official and accompanying informa-
tion; and
(3) Any transcript of the meeting or proceed-
ing in which the written decision was
made.
All parties may freely refer to provisions from
the comprehensive plan, any other city ordinance,
resolution, or rule, and any federal or state
statute, rule, or decision. If any party desires to
admit any additional evidence, the additional
evidence shall be disclosed to the other parties
and the planning and zoning board or city com-
mission not less than five (5) calendar days
before the hearing. At the beginning of the
hearing, the planning and zoning board or city
commission shall rule on whether such additional
evidence may be presented and shall freely allow
the evidence when such evidence is relevant to
the issue on appeal.
(d) The planning and zoning board shall be
(g) Review of administrative decisions shall
required to review all administrative appeals be based on the following criteria:
and make a recommendation to the city commis- (1) Whether the applicant was properly
sion. afforded procedural due process;
Supp. No. 26 1322.8
ZONING
(2) Whether the decision under review is
supported by competent, substantial
evidence; and
(3) Whether the decision under review
complied with applicable law, including a
proper interpretation of any provision
under this chapter.
(h) The city commission shall have the right
to reverse or affirm, wholly or in part, or may
modify the order, requirement, decision or
determination as ought to be made, and to that
end, shall have all the powers of the officers from
whom the appeal is taken.
administrative appeal filed pursuant to
this section stays all proceedings in furtherance
of the action appealed from, including the issu-
ance of a building permit or development order,
unless the administrative official from whom the
appeal is taken certifies in writing to the board
of adjustment after the notice of appeal is filed
that, because of facts stated in the certificate, a
stay would, in the administrative official's opinion,
cause imminent peril to life and property. In
such case where the administrative official makes
such certification, proceedings shall not be stayed
other than by an injunction issued by a court of
competent jurisdiction
(Ord. No. 200449, § 2, 12-13.04; Ord. No.
2010-0% § 2, 4-26-10; Ord. No. 201M% § 21
6-10-19)
Sec. 20-36. Expiration of conditional use,
variance and waiver approvals.
(a) Any conditional use, variance or waiver
approved by the city commission under this
Division shall expire two (2) years after the
effective date of such approval by the city com-
mission, unless a building permit based upon
and incorporating the conditional use, variance,
or waiver is issued by the city within said time
period. Upon written request of the property
owner, the city commission may extend the
expiration date, without public hearing, an
additional six months, provided the property
owner demonstrates good cause for the exten-
sion. In addition,, if the aforementioned building
permit is timely issued, and the building permit
subsequently expires and the subject develop-
ment project is abandoned or discontinued for a
period of six months, the conditional use, vari-
ance or waiver shall be deemed expired and null
and void.
(b) The city commission hereby finds that
there may be one or more unexpired conditional
use, variance, or waiver permits previously
granted by the city that may have never been
acted upon or abandoned by the property owner.
The city commission finds that these unexpired
permits may now be detrimental to the public
health, safety, and welfare of the community due
to changed circumstances in the surrounding
neighborhood and changes in law. Therefore, the
provisions of this section shall apply retroactively
to any unexpired conditional use, variance, and
waiver previously granted by the city commis-
sion. It is the intent and purpose of this subsec-
tion to void any previously granted conditional
use, variance, and waiver permit that does not
comply with the provisions of this section and to
require the property owner to reapply, under
current circumstances, for said permit should
the property owner desire or need said permit.
(Ord. No. 200449, § 2, 12-13-04)
Sec. 20-37. Limited administrative waiv-
ers.
(a) Authorization by city manager. Waivers to
the adopted land development regulations set
forth in this chapter may be authorized
administratively by the city manager or designee,
subject to the procedures and limitations of this
section. Designees under this section may be
approved by city manager by written administra-
tive order.
(b) Waivers subject to administrative review
and approval.
Supp. No. 26 1322.9
(1) Administrative waivers may be considered
for height, area, size, or design
dimensional requirement of a structure
or architectural feature; and/or distance
requirement, size of yard, setback and
open space requirements of an applicable
zoning district including the transect
design standards in the town center
§ 20-37
WINTER SPRINGS CODE
district. Administrative waivers shall not
exceed ten (10) percent of the applicable
requirement.
The city manager may authorize the
administrative review and approval of a
waiver when a property owner clearly
demonstrates:
a. The waiver is necessary, as a condi-
tion of city permit approval, to allow
the reasonable use of the subject
property and any proposed or exist-
ing improvements thereon; and
b. Such waiver will not: (i) have more
than a de minimus impact on the
subject property and surrounding
area; (ii) be contrary to the public
interest; (iii) be incompatible with
the surrounding area; (iv) have an
adve1Ij effect on tli neighborhood
or general welfare of the area; and
(v) have the effect of nullifying the
intent and purpose of any applicable
provision of this chapter.
(c) Application submittal and fee. Application
for an administrative waiver by the city manager
shall be made on a form provided by the com-
munity development department and shall be
accompanied by an application fee established
by the city. As part of the application, the city
manager reserves the right to require a signed
affidavit (submitted on a form prepared by the
city) from all abutting property owners indicat-
ing no objection to the requested waiver. In such
case, failure of the applicant to obtain signatures
of all abutting property owners will constitute a
basis for denying the application. For the purpose
of this section, the term "abutting' shall include
those properties directly across a road.
(d) Conditions. The city manager may prescribe
appropriate conditions and safeguards to ensure
that the purposes of this section, chapter and
other applicable regulations set forth in the City
Code are carried out, and to ensure that the
waiver granted is the minimum necessary to
allow reasonable use of the land and improve-
ments.
(e) Further action. Applications approved by
the city manager under this section shall be
deemed final. However, a denial of a request for
an administrative waiver by the city manager
shall be considered a non -final order of the city
and shall not be appealable. Applications denied
under this section shall not preclude an applicant
from requesting a variance or waiver from the
city commission pursuant to other applicable
provisions of this chapter. In such cases, the
applicant shall submit a formal application for a
variance or waiver consistent with the require-
ments set forth in this chapter, and decisions
made on such applications shall be deemed final
and subject to appeal in a court of competent
jurisdiction.
(f) Approvals by city commission. The city
commission can use the limited administrative
criteria in subsection (b) to grant applicable
waivers when considering and mal�ing firm, deci-
sions on any other land use application requiring
city commission approval such as approval of
final engineering plans. Such waivers are not
subject to the application requirements in subsec-
tion (c) and shall not exceed twenty (20) percent
of the applicable requirement. However, in
conjunction with the land use application requir-
ing city commission approval, the applicant and
city staff shall identify the applicable limited
waivers and address, in writing, the criteria in
subsection (b). Additionally, if deemed necessary
and relevant by city staff or city commission to
approving the limited waiver requested, the
applicant shall provide such relevant informa-
tion enumerated in section 20-29 to support
granting the waiver request.
(Ord. No. 2015-19, § 2, 944-15; Ord, No. 2019-
091 § 2, 640-19)
Sees. 20-38-20-50. Reserved,
Supp. No. 26 1322.10
ZONING
DIVISION 2. PLANNING AND ZONING
BOARD*
Sec. 20-51. Created.
There is hereby created a planning and zoning
board for the city.
(Ord. No. 44, § 44.04, 1-8-68)
Sec. 20-52. Composition, appointment of
members.
The planning and zoning board shall consist of
five (5) members having designated seats one (1)
through five (5) with such numbers correspond-
ing with the commission seat. Each member
shall be a citizen and registered voter of the city
and each appointment by the respective commis-
sion member occupying the corresponding
numbered seat shall be subject to commission
ratification.
(Ord. No. 44, § 44.05, 1-8.68; Ord. No. 156, § 2,
9-12.77; Ord. No. 214, §§ 1, 2, 5-13-80)
Sec. 20-53. Term; filling vacancies; removal
of members.
Each member appointed shall serve as provided
in Chapter 2 of the City Code. Vacancies on the
board may be filled by the commission member
whose seat number corresponds with the vacant
planning and zoning board seat subject to com-
mission ratification. If any commissioner fails to
appoint a member within two (2) regularly
scheduled commission meetings after a vacancy
occurs or a term expires, that seat will be filled
by the mayor, subject to the ratification by city
commission. Members shall be subject to removal
from office as provided in Chapter 2 of the City
Code.
(Ord. No. 44, § 44.06, 1-8.68; Ord. No. 156, § 2,
9-12-77; Ord. No. 214, §§ 1, 2, 5-13.80; Ord. No.
259, § 1, 1-26-82; Ord. No. 2002-28, § 5, 9-23-02)
Sec. 20-54. Reserved.
Editor's note -Ord. No. 2002-28, § 2, adopted Sept. 23,
2002, repealed former section 20-54 in its entirety which
pertained to the appointment of the chairman and vice -
*Cross reference -Boards, committees, commissions,
§ 2-41 et seq.
chairman of the planning and zoning board and derived from
Ord. No. 44, § 44.07, 1-8-68; Ord. No. 156, § 21 9-12-77; Ord.
No. 214, §§ 11 % 543-80.
Sec. 20-55. Compensation; allowances for
expenses incurred in
performance of duties.
Members of the planning and zoning board of
the city shall be reimbursed from the city treasury
to cover the expenditures naturally and neces-
sarily incurred by them and that such reimburse-
ment for expenses shall be established by
resolution.
(Ord. No. 44, § 44.08, 1-8.68; Ord. No. 219, § 1,
7-8-80)
Sec. 20-56. Meetings; quorum; records to
be kept.
The planning and zoning board shall meet at
least once each calendar month at a time set by
its members. A special meeting may be called at
any time by the chairman or any three (3) of its
members if the need should arise. Three (3)
members shall constitute a quorum. No action
by the planning and zoning board, except a vote
to adjourn or to continue a matter to a subsequent
date, shall be valid or binding unless adopted by
affirmative vote of three (3) or more members of
the board. Complete records of all proceedings
shall be kept.
(Ord. No. 44, § 44.09, 1-8.68; Ord. No. 173, § 2,
9-8.78; Ord. No. 259, § 2, 1-26-82)
Sec. 20-57. Duties; general.
(a) It shall be the duty of the planning and
zoning board to:
(1) Recommend to the city commission the
boundaries of the various original zoning
Supp. No. 26 1322.11
§ 20-57 WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 26 1322.12
ZONING § 20-320
Transect Zone Descriptions
This table provides descriptions of the character of each transect zone.
Tl (Natural Zone) General character: Natural landscape (i.e., wetlands) that is
typically unsuitable for development.
Building placement: Not applicable
_*r Typical building height: Not applicable
r
T2 (Rural Zone) General character: Sparsely settled lands in an open or
® cultivated state. Typical buildings include in
and
agricultural buildings.
r Building placement: Variable setbacks
i► ` ` ` ® Frontage types: Not applicable
�. Typical building height: 1- and 2-story
T3 (Suburban Zone) General character: Consists of the least dense residential
® areas with some mixed -use. Home occupations and accessory
dwelling units (ADU) are permitted.
Building placement: Medium to large front and side yard
�, ■ ;
r :
r _ setbacks
Frontage types: Porches, fences, common yards
Typical building height:l-story minimum, 3-story maximum*
* See section 20-324(11) for additional details
General character: Consists of mixed -use but primarily
T4 (General Urban Zone)
m residential urban fabric in a more compact area that is close to
r� the core of the town center. A wide range of building types both
residential and commercial in nature are found in this zone.
,.'"=``' Building placement: None to medium front and side yard
►� '::! setbacks
Frontage types: Porches, fences, common yards
Typical building height: 2-story minimum, 4-story maximum*
* See section 20-324(11) for additional details
T5 (Urban Center Zone) General character: Comprises the core of the town center and
m consists of a higher intensity mix of uses such as retail, offices,
and residential.
Building placement: Shallow setbacks or none, buildings
r`Kim, oriented close to the street defining a street wall.
Frontage types: Stoops, shop -fronts, galleries
i_sr as n
Typical building height: 2 minimum, to 5-story maximum
* See section 20-324(11) for additional details
C/p (Civic/Public) General character: Used for functions of public benefit such as
parks and recreation areas, and government uses. Design
standards shall be evaluated by the Community Development
Imo! Department for recommendation to the Development Review
Committee (DRC).
i
Supp. No. 26 1342.3
§ 20-320
WINTER SPRINGS CODE
(c) How to use this code.
(1) Review the policies and administration procedures applicable to the town center as set forth in
the city's comprehensive plan and City Code including the Town Center District Code, chapter
9 land development including final engineering plans, subdivision of land, and aesthetic review,
and chapter 20, article II Administration, division 1 procedures; land use decisions regarding
special zoning permits.
(2) Identify the transect zone assigned to the subject property.
(3) Determine whether the proposed use is permitted in the applicable transect zone and is
compatible under existing conditions at the proposed location with other adjacent or nearby
land uses within the town center and any established surrounding neighborhoods.
Tuscawilla Road Retail, Winter Springs Town
Center
(4) Review the general the applicable
transect zone.
provisions and other requirements which apply throughout
(5) Determine which street type your lot fronts on the thoroughfare standards map.
(6) Review the building elements and architectural guidelines which contain specific rules for
architectural design.
(7) Prepare plans and specifications for submittal to the city in compliance with applicable law
includi
Code. ng, but not limited to, the city's comprehensive plan, City Code and Town Center District
(Ord. No. 2012-06, § 2, 3-12-12; Ord, No. 2019-09, § 2, 640-19)
Sec. 20-321. Administration.
(a) Interpretation of the standards. The images contained in this division are meant to demonstrate
the character intended for the town center and shall be the guide for future development, but are for
illustrative purposes only. The accompanying text and numbers are rules that govern permitted
development.
Supp. No. 99 1342.4
ZONING § 20-322
(b) In the town center district, decorative street signs are required along roadways as part of the
decorative street sign and light program for new development including: subdivisions, commercial
development and areas constructed for public use. Standards for the town center district follow the
same guidelines as street signage that is upgraded in all other areas of the city. In addition, the city
requires that decorative street lights be provided for all development within the town center district.
During the development review process, it will be determined by the city whether or not the user or
developer of a property within the town center may need to enter into a neighborhood street sign light
improvement agreement (NSSLIA) as part of the respective development agreement.
(Ord. No. 2012-06, § 2) 3-12-12; Ord. No. 2019-09, § 2, 6-10-19)
Sec. 20-322. Definitions.
[The following words, terms and phrases, when used in the Town Center District Code, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:]
building or structure subordinate to the principal building and used for
Accessory structure means a
purposes customarily incidental to the main or principal building and located on the same lot or set of
attached lots therewith.
Address sign means a sign, generally applied to a building wall, that displays a building's address.
Alley means a publicly or privately owned secondary way which affords access to the side or rear of
abutting property.
Jesup's Reserve, Winter Springs Town
Center
Apex means the highest point of a sign as measured from the point on the ground where its structure
is located, or, if no sign structure is present, from the point on the ground directly below the sign itself.
Appurtenances means architectural features not used for human occupancy consisting of: spires,
belfries, cupolas or dormers; silos; parapet walls, and cornices without windows; chimneys, ventilators,
skylights, and antennas.
ion roofed with flexible material supported entirely from the
Awning means an architectural project
exterior wall of a building.
Balcony means a porch connected to a building on upper stories supported by either a cantilever or
brackets.
Band sign means a sign that is attached flat on the exterior front, rear or side wall of any building
or other structure. (Synonymous with wall -mounted sign, fascia sign)
Supp. No. 26 1342.5
WINTER SPRINGS CODE
Blade sign means a sign mounted on the building facade, projecting at a 90-degree angle.
(Synonymous with projecting sign)
Block means an increment of land composed of an aggregate of lots, tracts and alleys circumscribed
by thoroughfares.
Building frontage means the vertical side of a building which faces the primary space or street and
is built to the principle plane.
Building width means the distance from one side of a building frontage to the other. In conditions
where buildings are attached, building width is the distinction between buildings which shall be
Supp. No. 26 1342.E
ZONING
Sec. 20-323. Permitted uses.
Supp. No. 26 1342.15
WINTER SPRINGS CODE
Tl T2 J. T4
Hospitals and nursing homes CU
Hotel
Inn
P
Insurance P P
Interior decorating and draperies P P
Jewelry stores P P
Launderettes and Laundromats CU
Libraries
P
Loan companies CU
Locksmiths P P
Luggage shops P P
Manufacturing and assembly of CU p
scientific and optical precision instru-
ments
Medical clinics and laboratories P
Municipal buildings CU CU
Museums and/or cultural institutions CU
Nurseries, plants, trees, etc., retail CU I CU CU
vuices P P
Paint store
Parking garages, standalone P
Parks (public) and public recreation p CU
areas and facilities
Pet :1i0 _ ----
ps an grooming P P
Photographic studios P P
Physical fitness and health clubs P
Post office (federal government) CU
Printers, commercial
Private clubs and lodges CU p
Public restrooms
Public utilities and service structures CU CU CU CU
Quick printers P
Radio and TV broadcasting studios, P
excluding towers
Radio and TV sales and service P
Reception facilities (meeting rooms, P P
etc.)
Rental stores, excluding auto/truck P P
r
talsrement homes, including CU CU
pendent living through assisted
Restaurants
Schools
Shoe repair sh
Sidewalk cafes
Skating rinks
sporting goods, retail
Stadiums and arenas
Swimming pools; sales, service and
Supp, No. 26 1342.16
0
0
0
0
0
Ir
C/P
ly
0
P
CU
CU
CU
CU
ZONING § 20-323
TI T2 T3 T4 T5 C/P
P P
Theaters, not drive-ins
CU P P
Title companies CU CU
Tobacco shops P P p p
Town center marketing and sales
center P p p
Toy stores P p p P
Trail heads P P
p p P
Travel agencies CU CU
Veterinary clinics (no overnight board-
ing) P p p
Wearing apparel stores CU CU CU CU
Any other similar retail store or busi-
ness enterprise permitted in the
relevant transect, provided the
proposed use is not specifically limited
to a different town center transect or
some other zoning district within the
city and provided a conditional use is
approved by the city commission.
Approved conditional use may be
conditioned upon a required develop-
ment agreement at the discretion of
the city commission or as required by
the City Code to address development
terms and conditions related to the
approved conditional use use.
P—Permitted by right.
CU—Conditional use.
Supp. No. 26 1342.17
§ 20-323
WINTER SPRINGS CODE
Main Street (Tuscawilla Road): Winter Springs Town Center
(Ord. No. 2012-06, § 2, 3-12-12; Ord. No. 2014-09, § 2, 4-2844; Ord. No. 2016-07, § 2, 4-11-16; Ord, No.
2016-07, § 2(Exh. A), 44146; Ord. No. 2019-09, § 3(Exh. A), 6-10-19)
Sec. 20=324. General provisions.
The following general provisions apply to all street types.
(1) Corner radii and clear zones. Corner curb radii shall be between nine (9) feet and fifteen (15)
feet, with the following permitted exceptions: 1) where a curb radius must be larger in order to
meet the minimum requirements to obtain a required permit from another agency (FDOT,
Seminole County, etc.)$ and 2) where the fire marshal has determined that a larger curb radius
must be provided. Fairly tight turning radii shorten pedestrian crossings and inhibit reckless
drivers from turning corners at high speeds. To allow for emergency vehicles (e.g., fire trucks)
to turn corners, a twenty-f"ive-foot radius clear zone shall be established free of all vertical
obstructions including but not limited to telephone poles, sign poles, fire hydrants, electrical
boxes, or newspaper boxes.
Supp. No. 26 1342.18
ZONING
t
�� Frontage 5tr•eet�'�
Circular drives are prohibited except for civic buildings.
In the T4 and T5 districts, garage doors) shall be positioned no closer to streets, squares
or parks than twenty (20) feet behind the principal plane of the building frontage. Garage
doors facing streets, squares or parks shall not exceed ten (10) feet in width. Where space
permits, garage doors shall face the side or the rear, not the front.
— _ ,4.__ AnGy --►
.�LU
Principle Plane
f.
�Ine Frr�ric �id�:oCFrrfctt�ur��
C LWrb — —
400 C rout e 5trec t ��►
Parking lot landscaping requirements.
Supp. No. 26 1342.23
§ 20-324
WINTER SPRINGS CODE
Landscape strips of at least six (6) feet in width shall be provided between parking isles of
either head -in or diagonal parking.
Tree spacing in parking lots shall be determined by the city arborist based upon tree
species and location. The objective is to create as continuous a shade canopy as possible.
A diversity of tree species across the town center is encouraged. To minimize water
consumption, the use of low-water vegetative ground cover other than turf is encouraged.
min
Undesirable large footprint buildings
have blank facade. aiui .ii; behind a field
of parking.
In lieu of landscape strips, landscape islands can be provided. No more than six (6)
consecutive parking stalls are permitted without a landscape island of at least six (6) feet
in width and extending the entire length of the parking stall. A minimum of one (1) tree
shall be planted in each landscape island.
(9) Large footprint buildings. Buildings with a footprint greater than twenty thousand (20,000)
square feet may be built within the town center district by conditional use only. In these cases,
the maximum lot width as noted in each applicable transect zone will be waived. Such
buildings must abide by all rules in this division with the following special limitations:
Undesirable large footprint buildings have blank
facades and sit behind a field of parking.
Supp. No. 26 1342.24
i�es�rai
le
ZONING § 20-324
Desirable large footprint buildings are wrapped in a liner of smaller buildings with doors and
windows facing the street.
b.
onal prohibitions.
(10) Additi
primary streets:
To encourage use by pedestr
large -footprint buildings must reinforce the urban character of the town center and shall
therefore continue a connected system of walkable street frontages.
Loading docks, service areas and trash disposal facilities shall not face streets, parks,
squares or significant pedestrian spaces@
The following are prohibited where visible from parks, squares and
ians and decrease the need for solely auto -oriented patronage,
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
aggregate of lots, tracts and alleys circumscribed by thoroughfares. The maximum block size
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. 26 1342.25
§ 20-324
WINTER SPRINGS CODE
i r
How to measure blocks
H I
blod perimeter= ,
A+B+C+D+E
f
BO
A �4
center qne
Block measurements are taken along the carder fines between dghl-of-
ways regardless olroedwey pavement locations.
(12) Puidding height. Cupolas, spires, doilies, pixuxacles, 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.
Lot ►;� R.O.W.
Courtesy: SmartCode, Version 9.2
(Ord. No. 2012-06, § 2, 3-12-12; Ord. No. 2019-09, § 2, 6-10-19)
Sec, 20mazoe Transect standards.
(a) City of Winter Springs Town Center Master Plan,
Supp. No. 26 1342.26
ZONING
w1LC0]i pU1Lr)INU
SAIE
'WILCO% Ii
ANfNlI�F'ti
SALE.
Desirable
• Signs arc
coor(linatcd
in size and placement
with the building and
storefront
Undesirable
• Building sign
canccals the cornice
• Over -varied sign
shapes crcatc visual
confusion
• Awning sign covers
the masonry piers
• Si11C tilgll t00 liU'ge
for storefront an(1
poorly placed in
display window
§ 20-327.1
The intent of regulating signs that are visible from the public frontage is to ensure proper
dimensioning and placement with respect to existing or planned architectural features, to maintain or
improve public safety, to maintain or improve the aesthetic character of the context in which they are
located, and to provide legible information for pedestrians, not just drivers.
Sapp. No. 26 1342.36.41
§ 20-327.1 WINTER SPRINGS CODE
Signs shall be flat against the facade, mounted projecting from the facade, or mounted above the top
of the facade. Free standing monument signs are permitted by waiver along State Road 434 frontage.
Temporary menu board signs are permitted subject to the restrictions and uniform design standards
set forth in this Town Center Code.
Wayfindin5 signage is encouraged, but must maintain the uniform design standards adopted by the
DRC for the town center.
Signs shall be externally lit. Individual letters and symbols may be internally lit or backlit and may
project no more than twelve (12) inches from the facade.
I�ANANA R�,F'Ut3Ut:
Front lit metal lettering from
facade gives depth to the sig-
naee,
(b) Finish materials.
• Wood: painted or natural
• Metal: copper, brass, galvanized steel, aluminum
• Painted canvas
• Neon
• Paint/engraved directly on facade surface
(c) Configurations. Maximum gross area of signs on a given facade shall not exceed ten (10) percent of the applicant's facade area.
Maximum area of any single sign mounted perpendicular to a given facade shall not exceed ten (10) square feet, except for FIN signs. All projecting signs shall be installed in such a manner that there
shall be no visible angle iron support structure above a roof, building face or wall, unless such brackets are incorporated into the signage as decorative elements of the signage.
Signs shall maintain a minimum clear height above sidewalks of eight (8) feet.
All signs shall be designed to be compatible with the respective storefront and subject building in
scale, proportion, and color and should be visually interesting and compatible in the context of the town
center guidelines.
Supp. No. 26 1342.36.42
ZONING § 20-327.1
TI T2 T3 T4 T5 CIP Specifications
1. Quantity 1 per facade, 2
Shingle Sign max.
2. Area Max. 4 sq. ft.
3. Width Max. 2 ft.
4. Height Max. 3 ft.
5. Depth/
projection Max. 2 ft.
6. Clearance Min. 8 ft.
7. Apex n/a
P P P P 8. Letter height Max. 8 in.
1. Quantity 1 per street
Sidewalk/Menu Board Sign address
2. Area Max. 8 sq. ft.
3. Width Max. 26 in.
4. Height Max. 4.5 ft.
5. Depth/
projection n/a
6. Clearance n/a
P P P 7. Apex Max. 4.5 ft.
8. Letter height n/a
1. Quantity 1 per window
Window Sign 2. Area Max. 25% of glass
3, Width Varies
_I l 4. Height Varies
5. Depth/
1 u projection n/a
6. Clearance 4 ft.
7. Apex n/a
P P P P 8. Letter height Max. 8 in.
` 72A�ea
ntity 1 per lot
Yard Sign Max. 6 sq. ft.
h Pofs�)(excluding
1 ! ht 2 ft. (excluding
post)
4th/ection n/a
rance Min. 3 ft.
x Max. 6 ft. to top
of post
er height Max. 8 in.
(Ord. No. 2012-06, § 25 3-12.12; Ord. No. 2019-09, § 2, 6-10-19)
Supp. No. 26 1343
§ 20-328
WINTER SPRINGS CODE
DIVISION 13. GREENEWAY INTERCHANGE
ZONING DISTRICT*
Sec. 20-328. Purpose.
In general, the purpose of the Greeneway
Interchange Zoning District ("district") is to imple-
ment the specific City Comprehensive Plan provi-
sions related to the district. More specifically,
the district is intended to be predominantly a
high quality corporate business/office park
development that is master planned. It is intended
to serve as a unique and very important economic
catalyst for the City that attracts target industries
with high quality and higher income jobs that
promote economic growth and development within
the City. High quality building and develoument
that enhances the image and economic well-
being of the City is expected in the district.
Residential and incidental commercial uses may
be permitted under certain conditions in support
Of existhlg 01° concurrently developed target
industries located within the district. However,
residential and incidental commercials uses are
not a priority nor shall they be allowed as
stand-alone uses. The district is intended to be
oriented at and near S.R. 417 and S.R. 434 so the
district is easily accessible from major transporta-
tion corridors.
(Ord. No. 201440, § 3, 7-2844)
Sec. 20-329. General uses and intensities.
(a) General uses. The district is intended to be
a master planned area that is developed in
phases approved by the City. Land uses within
the district shall be limited to target industry
uses that create significant high average wage
employment opportunities including corporate
business parks, office complexes, technical and
research services, financial information services,
life sciences, digital media, international trade,
sports associated industries, hotels and lodging,
conference centers and long stay tourism.
Incidental commercial uses supportive of target
*Editor's note —Ord. No. 201440, §§ 2, 3, repealed
former Div. 13, §§ 20-328-20-336, 20-338-20-341, in its
entirety and enacted new provisions as herein set out.
Former Div. 13 pertained to similar subject matter and
derived from Ord. No. 725, 8-23-99; Ord. No. 2005.18, § 3,
741-05; Ord. No. 2010-09, § 2, 4-26-100
Supp, No. 26 1344
industries may be incorporated into target
industry buildings provided the incidental uses
are approved by the City and are not developed
as a separate facility. Multi -family residential
uses may be approved as a conditional use,
provided that the proposed use satisfies the
conditional use criteria set forth in the City Code
and the residential use shall not exceed twenty-
five (25) percent of the total floor area of a
proposed multiple use building in any approved
phase of the district master plan.
(b) Development intensities. The following
building intensity limits shall apply:
(1) Floor area ratio (FAR) shall not exceed
1.0. However, the city commission may
Nc ulit a rA greater than 1.0, but not
exceeding 2.0, for projects that create
compact mixed use development through
one or more of the following principles
consistent «�it?� th4 City' land uevelolr
ment policies set forth in the
Comprehensive Plan and Code:
(i) Implementation of environmentally
sensitive site planning concepts and
techniques.
(ii) Utilize traditional design standards
to create compact, multimodal mixed -
use (including horizontal and verti-
cal integration of uses) and neo-
traditional urban development.
(iii) Green building design including
energy efficient buildings as
determined by any nationally
recognized and adopted standard.
(iv) Incorporation of low impact develop-
ment (LID) practices such as shared
parking concepts, green roofs and
use of stormwater for irrigation
and/or other grey water type uses,
and rain gardens.
(v) Energy efficient land use which
minimizes impervious services, such
as inclusion of one or more parking
garages.
(vi) Restoration or enhancement of
degraded wetlands, native
ecosystems, or preservation of extra
ZONING
upland buffers around critical
habitat.
Supp. No. 26
1344.1
§ 20-M
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK)
Supp, No. 26
1344.2
ZONING
(8) The applicant shall pay all costs to record
the development agreement.
(Ord. No. 2011-02, § 2, 5-941)
Sec. 20-355. Appeals.
A decision of the city commission may be
appealed to the appropriate circuit court of the
state.
(Ord. No. 2011-02, § 2, 5-9-11)
Sec. 20-356. Control of development follow-
ing recordation of develop-
ment agreement.
(a) An approved planned unit development
shall be considered to be a separate zoning
district in which the recorded development agree-
ment established the restrictions, regulations,
and district description according to which
development shall occur.
(b) After recordation of a development agree-
ment, no changes may be made except under the
procedures provided below:
(1) If any minor extensions, alterations or
ings
modifications of existing build,
structures or utilities are consistent with
the purposes and intent of the develop-
ment agreement, they may be authorized
by the community development director.
(2) Any uses not authorized by the develop-
ment agreement may be added to, modi-
fied or deleted from the development
agreement if an amendment to the
development agreement is approved in
accordance with the provisions of this
article.
(3) A building or structure that is totally or
substantially destroyed may be
reconstructed only in compliance with
the development agreement unless an
amendment to the development agree-
ment is approved in accordance with the
provisions of this article.
(4) One (1) accessory dwelling unit ancillary
to the principal dwelling may be allowed
by conditional use, unless prohibited by
Supp. No. 26
the declarations, covenants, conditions
and restrictions of the homeowner's
association.
(Ord. No. 2011-02, § 2, 5-9-11)
Sec. 20-357. Amendment to existing PUD.
Any amendments to a property with a PUD
zoning district classification existing on the effec-
tive date of this Ordinance shall be subject to the
requirements set forth herein, including amend-
ments to any property with a PUD zoning district
classification that is subject to a master plan or
other development plan, development agree-
ment, and/or settlement agreement, except that
in the event of a conflict between the terms of a
settlement agreement and this Chapter, the
terms of the settlement agreement shall prevail.
If a property with a PUD zoning district clas-
sification existing on the effective date of this
Ordinance is not subject to any such plan or
agreement, the property shall nonetheless be
subject to the requirements set forth herein prior
to development of the property.
(Ord. No. 2011-02, § 2, 5-9-11)
Sec. 20-358. Additional requirements.
All property with a PUD zoning district clas-
cation remain subject to applicable require-
ments of the Code, including but not limited to
Chapter 9 for platting, preliminary engineering,
and final engineering for subdivision and/or site
planning, as applicable.
(Ord. No. 2011-02, § 2, 5-941)
Secs. 20-359-20410. Reserved.
ARTICLE V. SUPPLEMENTAL DISTRICT
REGULATIONS
DIVISION 1. GENERALLY
Sec. 20-411. Trailers in residential ar(as.
(a) No house trailers will be permitted in
residential zone areas except for residential zones
specifically providing for mobile homes. Except
as provided in subparagraph (b), campers, camp
trailers and boats and trailers will be permitted
1355
§ 20-411 WINTER SPRINGS CODE
if kept in a garage, carport, rear yard or side Sec. 20417. Residential
yard not fronting any street, providing no one
occupies them. required.
(b) Campers, camp trailers and boats and
trailers may be parked temporarily in the
driveway of residential zone areas for a period of
time not to exceed forty-eight (48) hours within
any ten (10) consecutive day time period for the
limited purposes of loading, unloading and general
maintenance. For purposes of this section,
"driveway" shall mean the private access area
designed and approved for the parking of private
vehicles.
(Ord. No. 44, § 44.74, 1-8-68; Ord. No. 2001-06,
§ 2, 1-22-01)
��_�• ��-���. Yx°ax�er uses.
Trailers may be kept only in areas designated
as trailer parks, except as designated in section
20432. A temporary permit may be obtained
loin the city commission for use in commercial,
rural and residential (areas).
(Ord. No. 44, § 44.75, 1-8-68)
Sec. 20-413. Animals.
No one shall keep the following animals in
R-1, R-lA and R-lAA residential zone areas:
Horses, cows, pigs, chickens, geese, goats or any
other fowl or livestock, other than household
pets.
(Ord. No. 44, § 44.77, 1-8-68)
Sec. 20414. Exceptions.
Horses and ponies may be permitted in R-lAA
areas provided at least one (1) acre of land is
available for each animal.
(Ord. No. 44, § 44.78, 1-8-68)
Sec, 20415. Reserved.
Editor's note —Former section 20-415 pertained to the
number of dogs or cats sufficient to be considered a kennel a
derived from Ord. No. 44, § 44.79, adopted Jan. 1, 1968,
Sec. 20416. Kennel zoning.
Kennels will be allowed in C-2 commercial
and R-U zoned areas.
(Ord. No. 44, § 44.80, 1-8-68)
Supp. No. 26 1356
wall buffers
Any developer or property owner proposing a
commercial or multi -family development or
redevelopment adjacent to a single-family zoning
district or use shall construct, at the developer's
expense, an opaque wall of six (6) feet in height
along the full length of the property line between
such development or redevelopment and the
adjacent single-family zoning district or use. A
wall shall also be required for a proposed com-
mercial development or redevelopment adjacent
to a multi -family zoning district or use, as
required above. The wall shall be constructed of
concrete block, brick or other durable material
(wood not allowed) which is compatible with the
surrounding area, and acceptable to the develop-
ment review committee as to compatibility, design,
and compliance with this section and the City
Code. The vvall requirements of this section shall
apply internally within the boundaries of town
center, but only to buffer loading docks, service
areas, and trash disposal facilities from adjacent
single-family or multi -family residential uses. If
a wall is required internally within the town
center, the wall requirement may be waived or
varied by the development review committee and
city commission pursuant to the waiver or vari-
ance criteria and procedure set forth in the Town
Center District Code. The wall requirements of
this section shall also apply along the boundary
of property that also constitutes the outer
perimeter of the existing area zoned town center.B
(Ord. No. 2000-07, § 2., 5-8-00; Ord. No. 2019-
09, § 2, 6-10-19)
Editor's note —Ord. No. 2000-07, § 2.B, adopted May, 8,
2000, amended the Code by adding provisions designated as
20-434. In order to conform to the reorganization of the
provisions of this article, the provisions of § 2.13 of Ord. No.
2000-07 have been redesignated as § 20-417 by the editor.
Sec. 20418. Gasoline stations.
(a) For purposes of this section, a
"
"gasoline
stationshall include any building or structure
or parcel of land used for the storage and sale of
gasoline or other motor fuels, whether such
storage and sale is a principal or accessory use
on the land.
ZONING
(b) There shall be a minimum air line distance
of three hundred fifty (350) feet, measured in a
straight line from the nearest points of lot
boundaries, between a proposed gasoline station
and any existing gasoline station or between a
proposed gasoline station and any lot zoned
residential or any lot on which a school or
playground is proposed or exists.
(c) There shall be a minimum air line distance
of three hundred fifty (350) feet, measured in a
straight line from the nearest points of lot
boundaries, between a proposed residential lot,
school, or playground and any existing gasoline
station.
(d) This section shall not apply to any pend-
ing gasoline station application which is "vested"
as provided by law, or any gasoline station
lawfully existing and operating at the effective
date of this section. However, if any such gasoline
station shall discontinue or abandon its opera-
tions, for at least ninety (90) consecutive days at
a property, then this section shall apply to said
property.
(Ord. No. 200143, § 2, 7-23-01)
Editor's note —Ord. No. 2001-13, adopted July 23, 2001,
added provisons designated as section 20417. In order to
avoid conflicts in section numbering, the editor has
redesignated the provisions of Ord. No. 2001-13 as section
20-418.
Sec. 20-419. Limitations on residential
densities.
(a) This section is intended to be supplemental,
and in addition to, any other provision of the
City Code relative to establishing the residential
density of all development projects within the
city. It is also the intent of this section to grant
the city commission the maximum authority to
establish residential densities on a project -by -
project basis under the criteria and standards
set forth in this section. In the event of any
conflict between the residential densities
established by this section and any other
applicable provision of the City Code, the lowest
residential density shall apply.
(b) In cases where applicable zoning district
classification of a property does not provide a
specific residential density cap or establishes a
maximum residential cap, the residential density
Supp. No. 26
for a specific development project shall be
established by the city commission on a project -
by -project basis pursuant to the following
standards and criteria:
(1) The proposed residential density shall be
consistent with the city's comprehensive
plan.
(2) The proposed residential density shall be
compatible and in harmony with the
surrounding existing and planned uses.
(3) Adequate programmed city services exist
to accommodate the proposed residential
density including, but not limited to,
water, sewer, refuse, solid waste, parks
and recreation, and police and fire protec-
tion.
(4) The proposed residential density shall
leave ample green and open space on the
subject property in order to avoid
overcrowding and congestion of residents,
to provide sufficient on -site recreational
and leisure amenities, and to provide an
aesthetically pleasing and livable develop-
ment project.
(5) The proposed residential density shall
not be contrary to any adopted economic
development objective of the city.
(c) Any residential density established by the
city commission under this section for a particular
property shall become the maximum residential
density allowed for that property, subject to
possible further reduction in density due to site
plan, final engineering, and conservation require-
ments and constraints.
(Ord. No. 2006-03, § 2, 5-22-06)
Sec. 20420. Secondary metals recyclers and
similar non -hazardous
recyclers.
Secondary metals recyclers and similar
recyclers of other non -hazardous recyclable materi-
als shall be subject to the following:
(1) Purchase transactions shall only be
permitted between the hours of 7:00 a.m.
and 7:00 p.m. every day.
(Ord. No. 2012-07, § 2, 2-27-12)
1357
WINTER SPRINGS CODE
Sec. 20-421. Pill mills.
Pill mills are strictly prohibited. For purposes
of this section, a pill mill is any doctor Is office,
clinic, or health care facility that routinely col-
ludes in prescribing and dispensing of controlled
substances in violation of federal law or Florida
Statutes and regulations, or any pain manage-
ment clinic, whatever its title, including but not
limited to a "wellness center," "urgent care facil-
ity," or "detox center," that fails to register with
the State of Florida as required by section
458.3265 or section 459.0137, Florida Statutes.
(Ord. No. 2012-09, § 4, 7-23-12)
Editor's note —Ord. No. 2012, § 4, adopted July 23,
2012, added provisions numbered as § 20-420. In order to
avoid conflicts in section numbering the editor has redesignated
these added nroviainns fle § 2n_n21,
Sec. 20-422. Public, private and charter
school and daycare center
siting criteria.
Daycare centers and schools (hereinafter
referred to as "school" in this section) present
unique planning/zoning issues and challenges
for the city and surrounding land uses. Therefore,
all schools must be deemed compatible with
surrounding land uses by the city before any
development permit may be issued for a new
school or the expansion of existing school. In
addition to complying with any other applicable
provision of the City Code including, but not
limited to, conditional use requirements, and
applicable provisions of the city's comprehensive
plan, compatibility shall be determined by satisfy-
ing all of the following factors:
(1) The location of the school must serve as a
focal point for the community and shall
not have an adverse impact on neighbor-
hood quality and harmony.
(2) A comprehensive assessment of critical
transportation issues, including provi-
sion of adequate roadway capacity, transit
capacity and bikeways shall be performed
for a proposed school prior to any develop-
ment to ensure safe and efficient transport
of students to and from any school.
(3) New school sites must minimize potential
detrimental impacts on adjacent uses by
Supp. No. 26 1358
providing sufficient on -site parking, suf-
ficient internal vehicular circulation to
ensure that unsafe stacking of vehicles
on access roads does not occur, contain-
ment of off -site light spillage and glare,
and reduction of off -site noise through
compliance with the city's buffer require-
ments.
(4) Demonstrate whether the size and shape
of the site, the proposed access and
internal circulation, recreational ameni-
ties, and the design enhancements
proposed will be adequate to accom-
modate the scale and intensity of the
proposed development. The site shall be
of sufficient e»P to ucsigil
amenities such as screening, buffers,
landscaping, open space, off-street park-
ing, drop off and pick-up zones, and other
similar site plan improvements needed
to mitigate against potential adverse
impacts of the proposed use.
(5) Demonstrate whether the proposed school
use is compatible and harmonious with
adjacent land uses by avoiding location
next to incompatible existing land uses
such as bars and alcoholic establish-
ments, industrial and high intensity com-
mercial uses, adult oriented businesses,
and potentially noxious uses that could
materially be harmful to children or
interfere with an educational environ-
ment.
(6) Demonstrate whether or not the new
school site will adversely impact land use
activities in the immediate vicinity by
providing appropriate and sufficient
buffering, on -site parking, internal
vehicular circulation to ensure safe stack-
ing of vehicles with no interference to
adjacent road access and traffic patterns.
(7) Demonstrate whether construction of off -
site improvements are necessary or not,
including but not limited to: signaliza-
tion, installation of deceleration lanes,
roadway striping for crosswalks, safe
directional/warning signage and installa-
tion of sidewalks.
ZONING
(8) Demonstrate that facilities such as any district of the city. The city will not accept,
sanitary sewer and potable water will be process or approve any request or application for
available at the time demanded by the a development order, building permit, or other
new school site, and that services such as approval associated with a proposed medical
public safety can be provided. marijuana treatment center dispensing facility.
(9) Demonstrate whether or not the proposed (Ord. No. 2018-01, § 2) 3-12-18)
use will have an adverse impact on public Secs. 20426-20-430. Reserved*
services, including water, sewer, surface
water management, police, fire, parks
and recreation, streets, public transporta- DIVISION 2. MOTOR VEHICLES
tion, and bicycle and pedestrian facili-
ties. Sec. 20=431. Parking, storage or
maintenance of certain vehicles
(10) New school sites shall have safe means of prohibited in residentially
ingress and egress for pedestrians, zoned districts.
bicycles, cars, buses, service vehicles and
emergency vehicles. High schools and In order to protect and promote the public
other major school facilities shall be health, safety and welfare, and among other
located with access to collector or arterial purposes, to provide light, safety from fire, safety
roads, rather than relying solely on local from other damages and to protect property
roads. owners from certain general nuisances associ-
(11) Ensure compliance with the United States ated with the unregulated parking, storage or
Department of Transportation's Safe maintenance of certain vehicles, the parking,
Route to Schools initiative. storage or maintenance of certain vehicles as
herein specified in the areas herein specified are
(12) Demonstrate that safe road, bicycle, and prohibited except as herein provided:
sidewalk connections to and from proposed
school sites will be provided. (1) Prohibitions:
(13) Demonstrate that the proposed use will a. Except as provided in section 20434
not have an adverse impact on the local below, no person owning, renting or
economy, including governmental fiscal leasing real property in a residential
impact, employment, and property values. zoned district shall cause or allow
to be parked on any residential
(14) Demonstrate that negative fiscal impacts property a commercial vehicle as
al
on the city for city services which are not defined in section 20432.
covered by general ad valorem taxes, b No person owning, renting, leasing
assessments, permit fees, and service
or otherwise being in control of the
charges are mitigated against by the
use of any lot, parcel or piece of real
school.
(Ord. No. 2014-09, § 2, 4-28.14; Ord. No. 2019- property located in a residentially
09, § 2, 6-1049) zoned district or living thereupon
Editor's note —Ord. No. 2014-09, § 3, adopted April 28, shall cause or allow any vehicles as
2014, added provisions numbered as § 20-421. In order to enumerated in (1)a. above to be
avoid conflicts in section numbering the editor has redesignated parked, stored or maintained upon
these provisions as § 20-422. such property.
Secs. 20423, 20=424. Reserved. c. No recreational vehicles shall be
occupied as temporary living
Sec. 20425. Medical marijuana dispensaries quarters while such recreational
prohibited. vehicle is parked or stored within a
Medical marijuana treatment center dispens- residentially zoned district in the
ed from locating in city. No recreational vehicle parked
ing facilities shall be prohibit
Supp. No. 26 1359
Supp. No. 26
WINTER SPRINGS CODE
or stored in the city shall have its
wheels removed except for repair or Parking of two (2) passenger
cars without blocking the
maintenance. sidewalk area.
d. No recreational vehicle shall be 3. The recreational vehicle or boat
parked in such a way that it shall shall not be used as a living
obstruct the view of traffic or impede unit when parked in a
the vision of vehicular traffic. residential district or upon any
e. No more than one (1) recreational property containing a
vehicle shall be parked on an owner's residential use.
property at any one (1) time. 4. A recreational vehicle, boat or
f. All recreational vehicles and boats boat trailer must be inspected
to ensure it is in a state of good
parked or stored in a residentially repair with respect to exterior
zoned district, or upon any property appearances. Recreational
containing a residential use, shall vehicles shall have a valid
be parked or stored behind the front •Q�,�+,•ation urd license date.
building line. No recreational vehicle Boats and boat trailers must
in excess of twenty-eight (28) feet in be registered in accordance with
length or boat in excess of twenty- Florida law. Prior to a permit
three (23) feet in length, shall be being issued, the property
parked or Uored in a residentially owner shall grant the City
zoned district, or upon any property access to the recreational
containing a residential use, without vehicle, boat or boat trailer for
a permit issued by the city manager purpose of this inspection.
or the city manager's designee. A
permit shall not be issued unless 5• The recreational vehicle, boat
the following criteria are met: or boat trailer must be screened
on all sides with a minimum
1. The recreational vehicle, boat six-foot wall, opaque landscap-
or boat trailer shall be parked ing, or opaque fence. If
or stored behind the front build- landscaping is used for screen-
ing line and parked on a paved ing, said landscaping must be
parking surface, provided, maintained in a manner to
however, that a permit may be provide adequate screening.
issued for a boat which, as of The area where the recreational
the effective date of this code vehicle, boat or boat trailer is
section [July 28, 20141, has parked must be maintained in
regularly been parked on an such a manner as to prevent
unpaved parking surface the growth of high weeds and
behind the front building line the presence of garbage and
for at least sixty (60) days. other debris.
2. The recreational vehicle, boat 6. The recreational vehicle, boat
or boat trailer shall be located or boat trailer shall be owned
in the driveway area permit- by a person residing on the
ted for the parking of pas- subject property.
senger cars provided such The city manager shall be
driveway area is located behind permitted to impose reason -
the front building line. There able special conditions on
must remain sufficient area in permits issued under this
the driveway for the off-street subsection to the extent
1360
ZONING
required to ensure compliance piece of owner's property for the
with the aforementioned parking of vehicles subject to the
criteria. In addition, permits restrictions set forth in this section.
approved under this subeec- Provided, however, that no vehicle
tion shall specify and be limited owned, operated or under the direct
to the recreational vehicle, boat control by other than the person
or boat trailer set forth in the owning, renting, leasing or otherwise
permit application, and shall being in control of the use of such
contain a description of the lot, parcel or piece of real property
approved parking location on shall be parked thereupon.
the subject property. Any d. Commercial vehicles as described in
permit issued under this section 20431 shall be allowed on
subsection shall automatically public streets or within privately
expire twelve (12) months after owned driveways or on residential
issuance. Application may be property for the limited and
made to renew such permit temporary purpose of loading or
subject to all of the criteria, unloading goods or materials for the
terms and conditions set forth property owner upon whose property
in this subsectiono or adjacent to whose property the
g. It shall be a violation of this chapter commercial vehicle is parked.
to park any vehicle enumerated in (3) Definitions. As used in this section, the
(1)a. above or to park any following words are to be interpreted as
recreational vehicle, boat or boat having their commonly accepted mean -
trailer within the right -of --way of i
any city street, alley, lane, way, ngs as well as the following specific
definitions. If the two (2) definitions are
drive or other thoroughfare in conflict, the definition provided herein
overnight. is to prevail:
(2) Exceptions. The parking, storage or a. Boat trailer. A trailer designed to
maintenance of certain vehicles will be carry a boat is a boat trailer with or
permitted in residentially zoned districts without a boat thereon. If with a
as exceptions to (1)a. through (1)h. above boat, then both boat and trailer will
as follows: be measured.
a. Recreational vehicles may be b. Camping trailer. Avehicular portable
occupied during parking or storage structure mounted on wheels,
if a permit has been issued in constructed with collapsible partial
accordance with section 20412. side walls of fabric, plastic or other
b. A combination of boat trailer with material, for folding compactly while
boat and a recreational vehicle is being drawn by another vehicle, and
permissible as an exception to Me. when unfolded at the site or loca-
above. tion providing temporary living
quarters, and the primary design of
c. Any person owning, renting, leasing which is for recreation, camping or
or otherwise being in control of the travel use.
use of any lot, parcel or piece of real
property located in a residentially c. Travel trailer. A vehicular portable
zoned district and contiguous to the structure built on a chassis designed
parcel upon which that person's to be pulled by an automobile or
residence is located may use such truck and to be used as a dwelling
contiguous lot as if it were a separate for recreation, travel or living
Supp. No. 26 1361
WINTER SPRINGS CODE
purposes. The vehicle shall be without further repair or alteration
equipped with tanks for storage of for the purpose for which it is
water and for holding of sewerage intended.
and shall have an interior light
system operable from a source of k Temporary lining quarters. Any
power from within the vehicle. vehicle used on a temporary basis
for the purpose of eating, sleeping,
d. Motor home. A structure, built on bathing, resting, entertaining or
and made an integral part of a other such activities normally associ-
self-propelled motor vehicle chassis ated with residential property or
primarily designed to provide recreational vehicles,
temporary living quarters for 1. Truck camper. A portable structure,
recreation, camping or travel use, designed to be loaded onto, or affixed
e. Occupy. To reside in or use as owner, to, the bed or chassis of a truck,
tenant or occupant for the purpose constructed to provide temporary
of eating, sleeping, bathing, living quarters for recreation, camp-
V.A.�.ii
„ ..
, b vT SuCil ULllel' d.CL1V1-
V1 tldvei use.
ties. (4) Penalty.
f. Overnight. A period commencing at a. It is unlawful for any person to
7:00 p.m. on one (1) day and violate this division or foil to comply
terminating at 7:00 a.m. on the day with any of its requirements. The
immediately following or any period judge shall consider the costs
therein contained of more than seven incurred in enforcing this division
(7) hours. in determining the amount of any
g. Owner's property. The property of fine assessed.
owners of the parked or stored b. The owner or tenant of any build -
vehicle. This section only applies to ing, structure, premises or part
property in residentially zoned thereof, and any other person who
districts. commits, participates in, assists in,
or maintains such violation may h. Recreational vehicle. Camping trailer,
each be found guilty of a separate
truck camper, motor home, house
designed offense and suffer the penalties
trailer or other such vehicle desi
g herein provided.
or modified to provide temporary
living quarters or designed or modi- c Nothing herein contained shall
fied to facilitate recreation, camp- prevent the city from taking such
ing or travel by accommodating the other lawful action as is necessary
needs for temporary quarters. to prevent or remedy any violation
or nuisance.
i. Residentially zoned districts. Any (Ord. No. 44, § 44.81, 1-8-68; Ord. No. 170, § 2,
residential district as identified in 7-11-78; Ord. No. 721, § 2, 6-28-99; Ord. No.
sections 20401, 20421) 20-141, 2014-12, § 2, 7-2844)
20-161, 20-181, and 20-206. Such
districts to include but not be limited Sec. 20=432. Commercial vehicle—Defini-
to: R-U, R-1AAA, R-C1, R-1AA, R-1A, tion.
R-1 and R-3.
For purposes of this chapter, commercial
j. State of good repair. The vehicle vehicles are defined to be all trailers, over sized
must be functional, usable and in vehicles, commercially registered vehicles, and
such a state as it may be used construction equipment of any type used in or
Supp. No. 26 1362
ZONING
designed to be used in business; all vehicles ing for a period in excess of thirty (30)
gned to accom- days on any lot used for residential
temporarily or permanently desi
modate, support, house, store, deliver or transport purposes.
material, supplies, equipment machinery or power (Ord. No. 44, § 44.85, 1-8-68)
plants of all types; all construction related equip-
ment; and all vehicles of any type, trailers and Sec. 20434. Authorized commercial
construction equipment upon which a business vehicles in residential areas.
name or sign is permanently or temporarily (a) One (1) commercial vehicle per dwelling
affixed. unit may be parked in residentially zoned districts
(Ord. No. 44, § 44.82, 1-8-68; Ord. No. 721, § 3, of the city provided:
6-28-99; Ord. No. 2009-07, § 2, 7-27-09)
(1) Said vehicle is not asemi-trailer truck
Sec. 20433. Storage, repair, etc., of disabled tractor or semi -trailer truck trailer;
motor vehicles; approved. (2) Said vehicle is not a stake body or flat
The term "disabled motor vehicle" shall refer
bed truck;
to any motor -driven vehicle, regardless of size, (3) Said vehicle is not construction -related
which is incapable of being self-propelled upon equipment such as a backhoe, front-end
the public streets, including a current motor loader, utility tractor, etc.,
vehicle license.
(4) Said vehicle is not a vehicle of any type
(1) Disabled vehicles shall not be permitted used to transport hazardous materials as
in front yards or side yards; provided, defined by law;
however, that a reasonable time (not to
(5) Said vehicle is not a utility trailer of
exceed forty-eight (48) hours from the
more than twelve (12) feet in length,
time of disability) shall be permitted for inclusive of tool boxes and other storage
the removal or servicing of a disabled areas, however exclusive of the tongue
motor vehicle in an emergency caused by hitch;
accident or sudden breakdown of the
vehicle. (6) Said vehicle is not a single or dual rear
wheeled vehicle in excess of ten thousand
(2) One (1) disabled motor vehicle may be eight hundred (10,800) pounds gross
permitted in the rear yard of a residential, vehicle weight, or twenty-two (22) feet in
commercial or industrial lot as an acces- length, or in excess of eight (8) ft. in
sory use to the main use of the lot; height*
provided, that such vehicle is not located
in any open space required by the zoning (b) A homeowners association as defined in
laws. Service and repair work may be the Florida Statutes, apartment complex, or
performed on such vehicle, and parts, mobile home park may set aside common property,
tools and equipment incidental to such owned by the association, complex, or park, as an
service and repair thereto may be stored area set aside for the storage or parking of
and used. Nothing contained herein shall commercial and/or recreational vehicles, provided
be construed as authorizing the disas- said area is fenced by an opaque fence not less
sembling, tearing down, or scrapping of a than six (6) feet in height that totally prevents
motor vehicle or to permit one (1) motor the viewing of said vehicles from surrounding
vehicle to be scavenged, stripped for parts properties and roadways.
for some use on another vehicle; provided, (Ord. No. 721, § 4, 6-28.99; Ord. No. 754, § 1
however, that a disabled vehicle shall not 12-6.99; Ord. No. 2003-24, § 2) 6-23.03; Ord. No.
be permitted to remain outside of a build- 2009-07, § 2, 7-27-09)
Supp. No. 26 1363
WINTER SPRINGS CODE
Sec. 20-435. Authorized commercial
vehicles in residentially zoned
districts.
Utility vehicles used to maintain the site of
one (1) acre or more and are adequately screened
so that they are not visible from an abutting
property or any rights -of -way are permitted; or
horse trailers of any length are permitted within
any parcel of one (1) acre or more within a
residentially zoned district that allows horses to
be kept provided that the trailers are not visible
from any rights -of --way or abutting property.
(Ord. No. 721, § 5, 6-28-99; Ord. No. 731, § 11
841-99)
I�eQ4. 6i®-436. L-!.d]I IY,II (A lY'7I'APf� R
�xxxxxx •ix�%.Y oIY
vehicles —Limited -term park-
ing permits.
(a) One (1) authorized commercial vehicle per
dwelling unit, as defined in section 20434 above
and not to exceed ten (10) feet in height, may be
exempted from the garaging and fencing require-
ments of section 20434 until July 2, 2001, if the
dwelling unit of the owner, user, or caretaker of
the authorized commercial vehicle does not have
a garage or fence capable of screening the vehicle
from view as provided in section 20-434 provided
that the owner, user, or caretaker of the authorized
commercial vehicle shall have first acquired
from the city a limited term parking permit
which shall be clearly affixed upon the rear
window or rear panel of the authorized com-
mercial vehicle.
(b) Following the termination of the period of
the permit the commercial vehicle must comply
in all respects with section 20434 or be removed
from the residential zoned district.
(c) No authorized commercial vehicle as defined
in section 20-434 may be provided a limited term
parking permit later than December 31, 1999.
(d) A permit may be transferred to a similar
authorized commercial vehicle as defined in
section 20434 for the duration of any applicable
permit provided that a new permit is acquired
from the city and the original permit is returned
to the city.
Supp, No. or! 1364
(e) Lost limited term parking permits must
be replaced by the city and affixed upon the
vehicle as provided herein before the vehicle can
be parked in a residentially zoned district of the
city.
(f) Limited term parking permits may be
purchased from the city for a price of twenty-five
dollars ($25.00). Transferred and replacement
limited term parking permits may be purchased
from the city for a price of twenty-five dollars
($25.00).
(Ord. No. 721, § 6, 6-28-99; Ord. No. 747, § 1,
11-22-99; Ord. No. 2019-09, § 2, 6-1049)
(a) Governmental vehicles. Police, fire, rescue,
and other governmental vehicles which serve a
vital public safety, health or welfare purpose as
cictermined by i,lie city are exempted ii•om the
restrictions of this section and may be parked in
residentially zoned districts of the city.
(b) Automobiles. Automobiles which may be
used in business but which do not have visible
commercial lettering, signage, materials, sup-
plies, equipment, storage racks attached thereto
or stored thereupon are exempted from the
restrictions on the parking of commercial vehicles.
(Ord. No. 721. § 7, 6-28-99; Ord. No. 731, § 2,
8-11-99)
Sec. 20-438. Parking vehicles in residential
front yards and on sidewalks
prohibited.
(a) The parking of any vehicle within the
front yard of any residential lot shall be prohibited
unless said vehicle is parked on a driveway
and/or designated parking area that meet the
requirements set forth in section 20-439 of the
City Code.
(b) The parking of any vehicle on or over any
sidewalk adjacent to any residential lot is hereby
prohibited. For purposes of this subsection, the
term sidewalk shall be as defined in section
3169003, Florida Statutes, and shall include any
portion of a sidewalk that traverses a driveway.
ZONING
§ 20-439
(c) A violation of this section may be prosecuted circular or unless the lot configuration,
before the code enforcement board or special natural topography, natural feature, or
magistrate or shall be classified as class I civil entrance alignment with a public or
citation violation. private street prevent the driveway from
(Ord. No. 2009-02, § 2, 8-10-09; Ord. No. 2015- being located elsewhere.
22, § 18, 10-2645)
(3) The driveway shall be constructed with
Sec. 20439. Parking areas on residential one or more of the approved construction
lots; design requirements. materials identified in subsection (e).
(a) Permitted parking locations. On residential (4) The driveway meets other applicable
lots, vehicles shall be parked within a garage, design standards set forth in the City
carport, or on a driveway and/or designated Code including, but not limited to, the
parking area. technical specifications set forth in chapter
(b) Definitions. For purposes of this section, 90
the following terms shall be defined as follows: (d) Minimum designated parking area design
(1) "Driveway" shall mean a path designed standards. The minimum design standards for
for vehicles, and permitted by the city, designated parking areas constructed on
that connects a residential unit or garage residential lots are as follows:
with a public or private street.
(2) "Designated parking area 11shall mean a (1) A maximum of one designated parking
separate outdoor area on a residential lot
area shall be allowed per residential lot
which is designed in accordance with the to the extent that sufficient area exists,
requirements of this section for the park- within the front or side yard on the lot, to
ing of vehicles. safely accommodate at least one vehicle
(3) "Redeveloped" shall mean (i) a tear down
within the designated parking area.
of an existing residential unit for purposes (2) If the designated parking area is located
of constructing a new residential unit on within the front yard, the designated
the same lot as the tear down; (ii) the parking area shall be located parallel
construction of a new driveway or and adjacent to one side of an existing
designated parking area on a residential driveway on the lot, and the designated
lot; (iii) the construction of an additional parking area shall not extend beyond
garage or carport; and (iv) the expansion any sidewalk located on or adjacent to
of an existing residential unit by more the lot. (See Illustration 20439 below.)
than fifty (50) percent of the existing
gross square footage.
(3) If the designated parking area is locate
(c) Minimum driveway design requirementse within the side yard, the designated park -
The minimum design standards for driveways ing area shall be required to extend from
constructed on residential lots are as follows: an existing driveway. (See attached
(1) The width of the driveway shall not
Illustration 20-439 below.)
exceed the width of the garage or carport, (4) The designated parking area shall be
whichever is greater. If the lot does not constructed with one or more of the
have a garage or carport, the minimum approved construction materials identi-
width shall be ten (10) feet. Pied in subsection (e).
(2) The driveway shall not be located in the
middle of the front yard unless the (5) The designated parking area shall not
driveway is designed and permitted to be exceed twelve (12) feet in width.
Supp. No. 26 1365
WINTER SPRINGS CODE
(e) Approved construction materials. Driveways
and designated parking areas on residential lots
shall be constructed of the following materials:
(1) For residential lots developed or
redeveloped after August 11, 2009,
driveways and designated parking areas
shall be constructed of concrete, asphalt,
decorative pavers, brick, Eco-brick,
crushed rock, gravel, geo-web with gravel,
or turf block. However, mulch may be
used for designated parking areas
provided an impervious border is
constructed pursuant to subparagraph
(e)(3).
(2) Subject to the conditions set forth in
subsection (e)(1) and (3), driveways and
designated parking areas on residential
lots that are e<:i"tiig on August 11, 2009
shall be allowed to continue to use exist-
ing construction materials, provided said
materials are concrete, asphalt, decora-
tive pavers, brick, Eco-brick, crushed rock,
gravel, geo-web with gravel, turf block,
mulch, bark, or compacted or stabilized
earth.
(3) Whenever a driveway or designated park-
ing area is constructed of gravel, geo-
web, crushed rock, mulch or bark in
accordance with the requirements of this
section, the area shall be defined by an
impervious border which is intended to
reduce the migration of the materials
used to construct said area.
(f) When site construction permit required. A
site construction permit shall be required from
the building division, community development
department, whenever impervious materials are
used to construct a driveway or designated park-
ing area, or whenever a new designated parking
area is constructed on any residential lot.
(Ord. No. 2009-02, § 21 8-10-09)
Supp. No. 2s 1366
Supp. No. 26
ZONING
ILLUSTRATION 20-439 (A) FRONT YARD STANDARD
' JD,Front yard f ront yud
Front yard
Il LUSTRATION 20-439 (B) SIDE YARD STANDARD
r-•- r
' 0 ; Only
i
i P
I DI
D+Ai IFi
LF
P Ard front yard FroIN -
Street
_ Dkettrem j °Pp Designated Parking Area ®Garage Area ®Sidew++Ik
1367
CODE COMPARATIVE TABLE
Section
Ordinance Section this Code
Number Date
2014-34 12- 8-14 2 20-461
20-463-20-465
Rpld 20-466
20467, 20-468
Rpld 20469
20-471-20-474
Rpld 20-480-20-4851
20-487-20-490
2015-07 1-2645 2 7-27
2015-12 4-2745 2 2-43
3 2-45
201545 1-25-15 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 10-1245 2 2-61.5
2015-22 10-2645 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 17-124(b)
16 19-30
17 19-175
18 20-438
2016-05 2-22-16 2 20-1, 20452
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 5-4(a)
3 5-8(b)
4 5-9
2016-09 1040-16 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),
9-386.11,
9-386.13,
9-386.14(5)
Rpld 9-386.16(b)
Rnbd (c) as (b)
9-386.18,
9- M A9,
Added 9-386.21(h)
Supp. No. 26 2105
WINTER SPRINGS CODE
Ordinance
Number Date Section
Section this Code
2017-08 8-14-17 2 Added 19-310-19-323
3 2-69.4
2017-11 844-17 2 20-252
3 20-256
2017-12 7-10-17 2
2-83
2017-16
9-25-17 2 9-391.5(c)(1)—(4)
2018-01 3-12-18 2 20-1
2Added 20-425
018-06
10- 848 2 2-151
2018-08 1-1449 2 2-27(k)
2019-01 1-2849 2 2-27(b), (m)(2)
2019-07 5-13-19 2 13-27
3 Added 13-31(k)
213-32
019-08
543-19 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
Supp, No. 26 2106 (The next page is 2145]
STATE LAW REFERENCE TABLE
This table shows the location within this Charter and Code, either in the text or notes
foRowing the text, of references to the state law or related matters.
State Const.
Article
Fl. Adm. Code
Chapter
17-555.360
62-340
F.S.
Section
20.30
34.191
Ch. 50
50.041
50.051
60.05
Ch. 97, Ch. 98
99.093
100,201 et seq.
1004361
Ch. 101
101.62-101.70
1010657
112,3143
Ch. 140
Ch. 102
119.07
Ch. 162
Ch.162, Pt. I
162.04
162.05
162.05(3)
162.06(2), 162.06(3)
162.07
162.21
Section
2
29
Section
this Code
19-92(c)
19-95(b)
19-95(c)
19-129
Ch. 19, Art, IV,
Div. 2
19-315
Section
this Code
20-232(a)(64)
11-1
2-61
2-61
2-61
13-74
2-89
2-88
2-94
2-26(b)
2-93
2-92
2-96
2-30
18-26
2-85
2-93
18-29
Ch. 2, Art. III, Div.
2
2-56, 6-32
19-174
2-56, 2-62
13-39
2-57
2-58
2-59
2-60
3-3
19-255
Section
this Code
10-87, 18-153
20-1
F.S.
Section
162.21(3)(b)
162.22
Ch. 163
Ch. 163, Pt. II
163.3161 et seq.
163.3164
163.3171 et seq.
163.3180
163.31801
163.3181(3)
163.3202
16343215
163.3220-163.4243
Ch. 166
166.021
166.032
166.033
1666041
166.0415
166.201 et seq.
166.221
166.231
166.231 et seq.
166.0425
16643161
170.01 et seq.
Ch. 171
Ch. 177
Supp. No. 26 2145
Section
this Code
19-323
3-10, 10-57
9-391, 10-52
20-26
9-386.1
9-500
20-28(a)
9-386A
2-30
Ch. 15
9-546, 9-547
9-550, 9-551
9-386.1
20-102(f)
9-391
20-35
20-336
Ch. 2
9-386.1
20-26
20-28(a)
10-87
18-153
2-89
2-30
1-11
10-52
20402(f)
18-153
20-104
19-255
Ch. 2, Art. Vol
Ch. 18
Ch. 10
18-29, 18-30
Ch. 18, Art. II
Ch. 16, Art. III
20-104
Ch. 17
Ch, 2, Art, V
Ch. 9
F.S.
Section
Ch. 180 et seq.
189,4042
197.3632
197,3635
200.065
Ch. 202
202.11
202.20
203.012
Ch. 205
205.043(c)
205,053
205.053(1)
206.9925
l no Z-[L
Ch. 218
86,0114
28660115
286.012
315.1956
Ch. 316
316.003
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
Ch. 324
337,401
WINTER SPRINGS CODE
Section
this Code
Ch. 17
18-121
18451
18451
Ch. 2, Art, VI
18-28
18-26
18-31
18-26
Ch. 10
Ch. 10, Art. II
10-30
10-32
10-29
17-103
18-27
Ch. 2, Art. VI
2-28
2-30
2-30
12-65
Ch. 12
12-2
13-26
17-102
20-431(1)a.
12-82
12-100
20-438
17-102
12-84, 12-87
12-88
12-89
12-100
7-4
20467, 20-483
20-504
Ch. 16, Art. II
13-62
6-87
13-44
12-86
12-100
12-2
12-87
12-2
12400
12-2
12-100
12-100
12-100
18-31
Supp. No. 26 2146
F.S.
Section
376.031
Ch. 380.06
381.986
403A13(4)
403A15
403.9337
403.9338
413.08
458.3265
459.0137
479.155
Ch. 480
482.1662(g)
489' 105
489.127
489.132
500.80
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
705.101
650.02
et seq.
775,082,775.083
784
.011
784.021
784.03
784.045
Section
this Code
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
13-72,20-259
20-421, 20-452
Ch. 16, Art. III
10-55
19-31G
6-32
6-270, 6-272,
6-274, 6-275,
6-279
6-270, 6-272
20-1
6-31, 6-32
Ch. 10, Art, VI
Ch. 6
Ch. 61 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
17-107
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
13-74
13-74
13-74
17424, 13-74
F.S.
Section
790.001
790.33
791.01
Ch. 794
Ch, 796
796.07
Ch. 800
800.03
806.101
806.13
810.02
810.09
812.131
812.014
812.019
8174321 817.33
8230041
823.14
Ch. 826
Ch. 827
Ch. 828
843.01
Ch. 847
847.13
84700133
Ch. 849
849.04
849.07
849.16
849.231
8566015
865.09
865.09
874.03
Ch. 893
893.02
893.03
893.13
893.138
Ch. 893
8934138
Ch. 895
943,085-943,255
943.25(13)
Supp. No. 26
STATE LAW REFERENCE TABLE
Section
this Code
17-105
17-105
17-105
10-55, 10-73
10-52, 10-55, 10-73
13-72, 13-74
12400
10-55, 10-73
12-100
7-3
12-100
13-74
17409
13-74
13-74
13-74
Ch. 10, Art, IV
17-107
19-320
10-55, 1043
10-73
Ch. 4
17-124
10-55, 10-73
10-55
10-55
10415, 17-108
Ch. 10, Art. W
Ch. 10, Art, IV
10-115
17-108
17408
10-68
10-61
13-7% 13-74
10-73
12-100
17-124
13-74
13-72, 13-74
13-72
13-70
10-73
2-68
11-2(a), 11-2(b)
2147
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 26 2148 [The next page is 2197]
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 ................... 6-5
Citations; unlicensed contractors; failure
BILLBOARDS. See: SIGNS AND ADVERTIS- to obtain a building permit
ING Administrative hearings; accrual of
BLASTING AGENTS. See: EXPLOSIVES P
enalties ....................... 6-278
AND BLASTING AGENTS Appeals of code enforcement board or
special magistrate decisions ..... 6-279
BOARDS, COMMITTEES AND COMMIS- Citation authorized for construction
SIGNS. See: DEPARTMENTS AND contracting violations ........... 6-272
OTHER AGENCIES OF CITY Citation form ........................ 6-273
BOATS Correction of violation; payment of
penalty; notice of hearing........ 6-277
Noise disturbances prohibited
Findings ............................. 6-271
Specific provisions
Motorboats ........................ 13-31(i) Intent and purpose................... 6-270
Vehicle and boat repairs ........... 13-31(e) Notices .............................. 6-281
Penalt 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
Stop work ........................... 6-276
City -owned property supervision and City arks and recreational areas
control, bond for custodian re ...... 2-193 y P
Injuring, interfering with, etc., build -
Land development bonding procedure.... 946
ings and other property ......... 17-114
Street excavations, bond requirement.... 17 77 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
Compliance with provisions ............. 6-2
BOTTLE CLUBS Construction sign ....................... 16-59
Prohibited. 3 5
Construction site management .......... 6-88
BOTTLES Construction management plan ...... 4 6-880)
6-88(3)
Prohibitions ............................ 13-2 Contractor/owner responsibility....... 6 88(7)
Erosion and run-off control .......... .
BUDGET. See: FINANCES Final site clean-up; repair damage to
public property ................. 6-88(4)
BUILDINGS Requirements during weather
Accessory buildings ..................... 6-84 6-88(5)
emergency ......................
Accessory dwelling units ................ 6-85 Applicability. 6-88(5)a
Administration
Dumpsters .6-88(5)e
Florida building code .......................
Inspection. 0 6-88(5)c
Administrative amendments to Material capable of becoming airborne 6-88(5)h
Chapter 1.................... 6-31
Administrative amendments to Materials stockpiled on -site ........ 6-88(5)d
Chapter 2.................... 6-32
Notice ............................ 6-88(5)b
Roofing materials —Hurricane season 6-88(5)g
Adoption of appendices ............ 6-34 Temporary construction fence ...... 6-88(5)i
Local wind speed design criteria ...... 6-33 Temporary toilets .................. 6-88(5)f
Annual fire rescue assessments ......... 18.151 et seq. P y
See: FIRE RESCUE ASSESSMENT Temporary toilet facilities for workers. 6-88(2)
Automatic fire sprinkler systems Violations; enforcement...6-88(8)
............
Florida Fire Prevention Code, local Contractors
amendment to .................. 7-60 Unlicensed contractors. See herein: Cita-
tions; Unlicensed Contractors;
Building erected or altered in violation of Failure to Obtain a Building Permit
provisions, use of. 6 3 2-255
Building inspector Declaration of a state of emergency......
............ 6-213 Suspension of local regulations ....... 2-264
Swimming pool inspection
Supp. No. 26 3113
BUILDINGS (Cont'd.)
Electrical, plumbing, mechanical and gas
work ..............
Energy efficiency code adopted ....... , . .
Fences, walls and hedges ............ .
See: FENCES, WALLS, HEDGES AND
ENCLOSURES
Flood damage prevention. . . . . .
See: FLOOD DAMAGE PREVENTION
Florida Building Code
Administration. See herein that subject
Adopted ...............
Electrical, plumbing, mechanical and
gas work .......................
Inspections. See herein: Permits and
Inspections
International Property Maintenance Code
Adopted .............................
Preemption; Florida Building Code;
Florida Fire and Life Safety Code
"upyiemenlal; minimum standards .. .
Land development, . 14 6 1 0 4 0 6 0 6 1 *1 * I s
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, 1 0 a 1 6 1 0 1 1 6 1 4 1 s I I & I s
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, . s 0 1 9 0 0 0 1 0
Code enforcement special magistrate
authority ................••,
Definitions ..........................
Establishment of system, . .
Posting of numbers, .
WINTER SPRINGS CODE
Section
BUILDINGS (Cont'd.)
Purpose .............................
6-101 Urban beautification. . 1 0 4 0 M I t 0 .
6-6 See: URBAN BEAUTIFICATION
6-186 et seq. Violations, penalty. let's
Zoning regulations, 014 6 1 it
See: ZONING
8-1 et seq.
BURNING
Open-air burning regulated .............
BUSES. See: MOTOR VEHICLES AND
6-81 TRAFFIC
6-101
C
CABARETS
6-300 Adult entertainment establishments .... .
See: ADULT ENTERTAINMENT
6-302 ESTABLISHMENTS, SEXUALLY
6-301
;ii bU61INE88ES
9-2 et seq. CAMPAIGNS. See: ELECTIONS
CANALS
Prohibitions ............................
13-31(d) CANDIDATES. See: ELECTIONS
13-31(k) CANVASSERS. See: PEDDLERS, CANVASS-
1-2
ERS AND SOLICITORS
16-77 et seq. CARPORT SALES
At-home sales ....................... . .
1-2 CATS
Animal regulations generally........... .
13-3 See: ANIMALS AND FOWL
CERTIFICATES, CERTIFICATION
Sewerage revenue generation system
Accountant certification of adequate
maintenance ....................
16-53 CHURCHES
6-1 Adult entertainment establishments
Prohibited locations ..................
Alcoholic beverage sales prohibited near .
11-6 Sexually oriented businesses
6-86 Prohibited locations ..................
6-87 CITY
6-210 et seq. Definitions and rules of construction.... .
Use of city athletic facilities; fees ....... .
6-83 CITY CLERK
Election
Additional duties re ................. .
9-373 Supervisor, city clerk as .......... . . .
9-376 CITY COMMISSION
9-370 Additional rules of conduct. .
9-372 Addressing the mayor and city commis-
9-374 sion ...............................
Supp. No. 26 3114
Section
9-371
2-76 et seq.
6-4
20-1 et seq.
10-55 et seq.
4-1 et seq,
CODE INDEX
Section
CITY COMMISSION (Cont'd.)
Annual fire rescue assessments ......... 18.151 et seq.
See: FIRE RESCUE ASSESSMENT
Definitions and rules of construction..... 1-2
Land development
Division of land; city commission
approval required ............... 9-2
Quasi-judicial rules and procedures...... 2-30
Recall of elected officials ................ 2-26
Rules and procedures ................... 2-27
Savings clause; waiver of rules and 2-31
procedures ........................
Zoning action; city commission authority. 20-27
CITY MANAGER
Annual fire rescue assessments ......... 18 151 et seq.
See: FIRE RESCUE ASSESSMENT
City -owned property, responsibilities re .. 2-192
CODE ENFORCEMENT
Additional enforcement powers ......... .
Administrative fines; costs of repairs; and
filing of liens ..................... .
Citations
Code enforcement officers
Authority ........................0
Designation, qualifications, training
Contents ............................
Definitions ..........................
Delivery of warning notices, citations. .
Disposition of citations, civil penalties.
Intent...............................
Procedure ...........................
Procedures to pay, contest citations .. .
Provisions supplemental* V a 4 a 0 a 0 4 * .
Violation classification; civil penalty.. .
Violations, schedule of. 1 0 & 0 4 0 V 0 6 4 1 4 P
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. q 0 q 0 0 6 0 1 0 1 0 % 0 1 0 *
Provisions are supplemental ........... .
Scheduling and conduct of hearing...... .
Service of notice ........................
CODE ENFORCEMENT BOARD. See: CODE
ENFORCEMENT
CODE OF ORDINANCES*
2-65.2
Section
CODE OF ORDINANCES (Cont'd.)
Additions and amendments deemed 1-10
incorporated in Code*
tering Code .......................... 1-14
Al
Amendments to Code; affect of new 1-11
ordinances; amendatory language . .
Catchlines of sections ................... 1-3
Certain ordinances not affected by Code . 1-7
Definitions ............................
1-2
General penalty; continuing violation; viola- 1-15
tion as public nuisance* .
History notes, f 1 0 1 0 q * M * V * 0 6 4 1-5
How Code designated and cited.......... 14
Prior offenses, rights, etc., Code does not 1-9
affect.............................
References and editor's notes............ 1-6
References to chapters or sections ....... 1-4
Repeal of ordinances, affect of ........... 1-8
Severability of parts of Code ............ 1-13
Supplementation of Code. . 0 * 0 6 0 1 0 too 6 q 1 1 1-12
COMMITTEES AND COMMISSIONS. See:
2-63 DEPARTMENTS AND OTHER AGEN-
CIES OF CITY
2-69 COMPUTATION OF TIME 1-2
2-68 Definitions and rules of construction.... .
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 .................. 14-27
2-69.3 Supplementation of Code. . 4 0 1 0 a 0 4 0 q 0 a a I * 1-12
2-39.4
COUNTY 1-2
Definitions and rules of construction.... .
2-65 COURTS
Court costs 11-2
9-376 Assessment and collection of; use .... .
2-58
2-59 CURFEW 2-255
19-30 Declaration of a state of emergency..... .
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
tees............................ 2-41
*Note —The adoption, amendment, repeal, omissions, effec-
tive date, explanation of numbering system and other mat -
construction and interpretation of
this Code are contained in the adopting ordinance and
preface which are to be found in the preliminary pages of this
3115
WINTER SPRINGS CODE
Sti
DEPARTMENTS AND OTHER AGENCIES econ
OF CITY (Cont'd.) E
Bicycle and pedestrian advisory commit- ELECTIONS
tee Absentee voting ......... .
Creation; composition; appointment Applicability of Code to election where
of members ....... . ... . . . . . . . 243 questions are submitted........... .
Purpose and duties .......... . ..... 2-44 Candidates, qualification of.
Parks and recreation advisory commit- Canvass of return ,,, ,
tee Certain ordinances not, , affecte, ,, , , , d, , b, y, , Co, ,d,
e .
Creation; composition; appointment City clerk, additional duties of ......... .
of members ............. . .... 2-45 Determination of person elected ........ .
Purpose and duties ,, , , , , , , , , , 2-46 Early voting exemption 1 ...........
Time of meeting adjournment......... 2-42 Election board. I 1 0 1 0 1 0 1 0 a 4 6 1 6 .
City arbor division, . 14 5-5 Election supervisor....................,
City commission, , , , , , , , , , , , , , , , , , 2-26 Electronic filing of campaign finance reports
Code enforcement board ..... . .... . .. . . . 2-58 et seq. required ........... .
See: CODE ENFORCEMENT Municipal elections to be general elections
Definitions and rules of construction..... 1-2 Nonpartisanship required, ............. .
Election board,,,,,,,,,,,,,,,,,,,,,,,,, 2-85 Proclamation....................,......
Fire and emergency medical services Qualifying fees ........................ .
Tnc"CIIIA110le County's fire and kecall of elected official ................ .
emergency services MSTU..... , . 74 Registration of voter, . . .. . . . . . .
Officers' and employees' pension plan, board Vacancy in office,,,,
of trustees re ...................... 14-52 Voting machines..........
Planning and zoning board .............. 20-51 et seq. Voting places................,.,,.,,,,,,
See: ZONTNG
Public nuisance abatement board.... , .. , 13-70 et seq. ELECTRICITY
See: PUBLIC NUISANCE ABATE- Buildings
MENT BOARD Florida building code
Public service tax; exempted entities..... 18-30 Electrical, plumbing, mechanical and
Traffic violations bureau ,,,,,, , , , , , , , , , , 12-28 gas work ................... .
Flood damage control ...................
DEVELOPMENT. See: PLANNING AND Municipal public service tax, . 4 0 4 .
DEVELOPMENT; See also: LAND See: TAXATION
DEVELOPMENT
ELECTRONIC DEVICES
DISH ANTENNAS Noise disturbances prohibited
Television dish antennas ................ 6-83 Specific provisions ...................
DISORDERLY CONDUCT EMERGENCIES
Dance halls, disorderly conduct in ....... 10-111 Noise
DISTRICTS Emergency exception, .
Zoning districts, . .. . . . . . . . . . . 20-101 et seq. EMERGENCY MANAGEMENT
See: ZONING
Applicability of provisions, . . .... . . . .
DOGS Certification of emergency conditions ... .
Animal regulations generally..... , . , . , , , 4-1 et seq, Declaration of a state of emergency....
See: ANIMALS AND FOWL Definitions ......... Fire emergencies
................... .
DRAINS, DRAINAGE Intent, ............................ . . . . . Land development Police emergencies,,,,, Drainage ditch fence required; when .. 9-106 Powers, duties, responsibilities ........ , . Drainage facilities .......... 9-242 Structure, emergency management
Open drainage ditches; storm sewers .. 9-105 Suspension of local building regulations . Storm water management ............ 9-241 Termination of state of emergency .....
DRUMS Weather emergencies .................. .
Noise provisions ................. . . . . . . . 13-30 EMPLOYEES. See: OFFICERS AND
DUMPSTERS EMPLOYEES
Definitions, ............ . . . . . . 9-280 ENCLOSURES. See: FENCES, WALLS,
Minimum screening requirements ....... 9-281 HEDGES AND ENCLOSURES
Supp. No. 26 3116
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-RR
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
ENERGY
Building energy efficiency code .......... 6-6
ENTERTAINMENT. See: AMUSEMENTS
AND AMUSEMENT PLACES
ESCORTS AND ESCORT SERVICES
Escort service, generally ................ 10-81
Special provisions relating to............ 10-90
EVACUATION
Declaration of a state of emergency...... 2-255
EXCAVATIONS
Street excavations ...................... 1746 et seq.
See: STREETS AND SIDEWALKS
EXPENDITURES
Sewerage revenue generation system,
expenditures re .................... 19-128
EXPLOSIVES AND BLASTING AGENTS
Declaration of a state of emergency...... 2-255
Noise disturbances prohibited
Specific provisions ................... 13-31(g)
Regulation of explosives ................. 7-27
5upp. No. 26 3116.1
Section
CODE INDEX
Section
LAND DEVELOPMENT (Cont'do)
Responsibility for design and certifica-
tion of improvements............ 9-176
Sidewalks ........................... 9-221
Streets
Markers .......................... 9-203
Right -turn deceleration lanes ...... 9-206
Roadway base materials, standards
for........................... 9 201
Streetlights and traffic signs ....... 9-204
Surfacing of streets, standards for .. 9-202
Utilities; requirements for water and
sewer systems .................. 9-261
Water and sewer systems, require-
ments for ....................... 9-261
Septic tanks, . 0 1 9 1 6 0 1 0 . a 41 4 0 1 0 1 0 q 1 0 1 & 0 a 0 9-107
Sewer systems, requirement for ......... 9-261
Sidewalks .............................. 9-221
Soil, rock, etc., removal ................. 9-8
Streets and alleys
Access streets, paving of, 9-15
Alleys ............................... 9-158
Classification ........................ 9-146
Cul-de-sacs; dead ends ............... 9-152
Easements. .*0 va we *I be 1 0 V 4 0 1 0 1 0 6 0 1 0 1 9-159
General layout; connections with exist-
ing streets ...................... 9 153
Grassing, mulching, sodding .......... 9-160
Half streets .......................... 9-154
Intersections ........................0 9-155
Minimum rights -of -way and paving
width ........................... 9-147
Naming streets. 9-9-149
Paved, streets to be ..................
Paving costs ......................... 9-151
Paving of access streets .............. 9450
Private streets ....................... 9-157
Required improvements
Right -turn deceleration lanes ...... 9 206
Roadway base material, standards
for ........................... 9-201
Street markers .................... 9-203
Streetlights and traffic signs ....... 9-204
Surfacing of streets, standards for .. 9-202
Roadway base materials, standards for 9-201
Street grades, generally .............. 9447
Street markers, 9-203
Street names ........................ 9-156
Streetlights and traffic signs.......... 9-204
Surfacing of streets .................. 9-202
Typical street sections, 0 q 0 4 a 4 1 1 1 0 4 0 q 1 9 9-296
Town center zoned property ............. 9-14
Transportation impact fees
Appeals of impact fee determinations . 9-386.21
Authority and applicability ........... 9-386.1
Building permits
Limitations on issuance of ......... 9-386.5
Credits .............................. 9-386.11
Definitions .......................... 9-386A
Exemptions, ......................... 9-386.14
99
Supp. No.
Section
LAND DEVELOPMENT (Cont'dJ
Impact agreement. a 0 4 0 1 0 0 * 0 1 0 1 0 q 1 0 1 0 1 9-386.10
Independent impact fee calculation.... 9-386.8
Intent and purpose ................... 9,386.2
Penalty9-386.20
Presumption of maximum impact ..... 9-386.9
Return of funds ...................... 9-386.18
Review .............................. 9-386.19
Road impact fees
Collection of fee assessments ....... 9-386.16
Determination of .................. 9-386.6
Rate schedule ..................... 9-386.7
Total road impact fee calculations .. 9-386.8
Rules of construction ................. 9-386.3
Short title ........................... 9-386.1
Site -related road improvements.* It *1 0 9-386.13
Trust fund, establishment of.......... 9-386.15
Use of funds collected ................ 9-386.17
Vested rights ........................ 9-386.12
Uniform building numbering system..... 9.370 et seq.
See: BUILDINGS
Urban beautification .................... 2-76 et seq.
See: URBAN BEAUTIFICATION
Utilities
Services to be underground, exception. 9-104
Water and sewer systems, require-
61
ments for ....................... 9-2
Valley gutters .......................... 9-297
Variances .............................. 9 5
Appeals from granting of ............. 9-6
Vested rights g-402(b)
Appeals .............................
Application for special use permit..... 9-402(a)
Determining, standards for ........... 9-403
Intent............................... 9-401
Limitations on determination ......... 9-404
Waiver to engineering development plan
requirements ...................... 9-4
Water and sewer systems, requirements
for...............................6 9 261
Zoning regulations* ..................... 20-1 et seq.
See: ZONING
3123
WATER AND SEWERS. See also: UTILI-
TIES
Concurrency administration and evalua-
tion procedure
Level of service standards (LOS) ..... .
See: LAND DEVELOPMENT
Declaration of a state of emergency; water
use restrictions ....................
Reclaimed water system ............... .
See: UTILITIES
Water shortage conditions and shortages.
See: UTILITIES
WATER CONSERVATION AND
LANDSCAPE IRRIGATION
Definitions .............................
Enforcement ...........................
Exceptions .............................
Landscape irrigation schedules, vari-
ances, and restrictions ............ .
Purpose; applicability .................. .
WATERWAYS AND WATERCOURSES
Boats. See that subject
Discharges into natural waters, municipal
storm sewer system ............... .
Flood damage prevention ............. 1 .
See: FLOOD DAMAGE PREVENTION
Prohibitions ............................
WEAPONS. See: FIREARMS AND
WEAPONS
WEATHER
CODE INDEX
Section
Section
YARDS AND OPEN SPACES (Cont'd.)
Zoning regulations generally ............ 20-1 et seq.
See: ZONING
9-510 et seq.
2-255
19-136 et seq.
19-200 et seq.
19-252
19 255
19-254
19-253
19-251
19-170
8-1 et seq.
2-261
WEEDS
Accumulation or untended growth of..... 13-2(c)
WILDLIFE
City parks and recreational areas
Hunting/wildlife preservation and
conservation .................... 17-106
WINE. See: ALCOHOLIC BEVERAGES
WINTER SPRINGS. See: CITY
WRITS, WARRANTS AND OTHER
PROCESSES
Subpoenas
Code enforcement board powers....... 2-59
WRITTEN, IN WRITING
Definitions and rules of construction..... 1-2
YARD SALES
At-home sales .......................... 10-137
YARDS AND OPEN SPACES
Land development; public sites and open
spaces ............................ 9-103
Swimming pools, yard requirements re .. 6-219
Supp. No. 26
YEAR
Definitions and rules of construction..... 1-2
ZONING
Administrative appeals ................. 20-35
Land use decisions (procedures)....... 20-35
Adult entertainment establishments
Generally.10-100
Basis for regulations and requirements
herein set forth.
20-2
Buffers
Residential wall buffers required...... 20-417
Building area regulations
R-1 One -Family Dwelling District ..... 20-185
R-lAA and R-lA One -Family Dwelling
Districts ........................ 20-165
R-1AAA Single -Family Dwelling
Districts ........................ 20-125
R-3 Multiple -Family Dwelling Districts 20-210
R-CI Single -Family Dwelling Districts. 20-145
R-U Rural Urban Dwelling Districts .. 20-270
T-1 Trailer Home Districts............ 20-295
Building height regulations
C-1 Neighborhood Commercial Districts 20-235
C-2 General Commercial and Industrial
Districts ........................ 20-253
C-3 Highway 17-92 Commercial District 20-346.2
I-1 Light Industrial District .......... 20-260
Reel One -Family Dwelling District ..... 20484
R-IAA and R-lA One -Family Dwelling
Districts ........................ 20-164
R-1AAA Single -Family Dwelling
Districts.......... 20-124
R-3 Multiple -Family Dwelling Districts 20-209
R-CI Single -Family Dwelling Districts. 20444
R-U Rural Urban Dwelling Districts .. 20-269
Cool Neighborhood Commercial Districts
Building height regulations........... 20-235
Bulk regulations ..................... 20-237
Conditional uses ..................... 20-234
Generally. 20-231
Off-street parking regulations ........ 20-238
Overlay district regulations........... 20-236
Uses permitted 20-232
C-2 General Commercial and Industrial
Districts
Building height regulations........... 20-253
Bulk regulations ....................4 20-255
Conditional uses ..................... 20-254
Generally. 20-251
Outdoor storage and warehousing
requirements
Supplemental requirements* 20-256
Uses permitted ...................... 20-252
3135
ZONING (Cont'd.)
C-3 Highway 17-92 Commercial District
Building height regulations.......... .
Bulk regulations
Conditional uses ............ . . . . . . . .
Generally, . I 1 0 * 4 0
Uses permitted .............. . . . . . . . .
CC Commerce Center District
Bulk regulations .....................
Conditional uses ............ . . . . . . . .
Generally, . 6 1 0 1 1 1
Uses permitted .............. . . . . . . .
Certain ordinances not affected by Code .
Changes and amendments ........... . . .
Code enforcement ..................... .
See: CODE ENFORCEMENT
Commercial vehicles defined ...... , . , . ,
Comprehensive plan ................... .
See: PLANNING AND DEVELOPMENT
Conditional uses
C-1 Neir,lil,urhood Gommercial Districts
C-2 General Commercial and Industrial
Districts ........................
C-3 Highway 17-92 Commercial District
CC Commerce Center District ....... .
Expiration of conditional use approvals
I-1 Light Industrial District ......... .
Land use decisions (procedures)...... .
R-i One -Family Dwelling District .... .
R-IAA and R4A One -Family Dwelling
Districts ........................
R4AAA Single -Family Dwelling
Districts, . 0 6 9 1 4 0 1 0
R-3 Multiple -Family Dwelling Districts
R-CI Single -Family Dwelling Districts.
R-U Rural Urban Dwelling Districts . .
Construction
R-T Mobile Home Park Districts, applica-
tion for construction, 4 1 0 d 1 0 1 0 a .
Definitions .............................
Districts
C-1 Neighborhood Commercial Districts
C-2 General Commercial and Industrial
Districts .......................
C-3 Highway 17-92 Commercial District
CC Commerce Center District ....... .
Changes and amendments, ,
Division of city, 1 0 0 V M 1 9 1 1 6 . .
GreeneWay Interchange Zoning District
I-1 Light Industrial District ........ 4 .
Official zoning map, working maps and
procedures, . 6 1 4 1 0 V 0 6 4 0 0 4 1 *
Planned unit development............
R-1 One -Family Dwelling District .... .
R-IAA and R-1A One -Family Dwelling
Districts.,,., ...................
R-1AAA Single -Family Dwelling
Districts, . I M 1 0 6 1 6 1 0
R-3 Multiple -Family Dwelling Districts
R-CI Single -Family Dwelling Districts.
WINTER SPRINGS CODE
Section
20-346.2
20-346.4
20-346.3
20-346
20-346.1
20-345.4
20-345.3
20-345
20-345.1
1-7(15)
20-104
2-56 et seq.
20-432
15-26 et seq.
20-254
20-346.3
20-345.3
20-36
20-261
20-33
20-183
20-163
20-123
20-208
20-143
20-268
20-317
20-1
20-231 et seq.
20-251 et seq.
20-346.3
20-345 et seq.
20-104
20-101
20-328 et seq.
20-258 et seq.
20-102
20-351 et seq.
20-181 et seq.
20-161 et seq.
20-141
20-121 et seq.
20-206 et seq.
et seq.
Supp. No. 26 3136
Section
ZONING (Cont'd.)
Restrictions upon lands, buildings and
structures ...................... 20-103
R-T Mobile Home Park Districts ...... 20-311 et seq.
R-U Rural Urban Dwelling Districts .. 20-266 et seq.
T-1 Trailer Home Districts............ 20-291 et seq.
Town Center District Code............ 20-320 et seq.
Division of city .......... . ....... . ... . . . 20-101
Flood damage prevention ............... 8-1 et seq.
See: FLOOD DAMAGE PREVENTION
Front yard regulations. See herein: Yards
and Open Spaces
GreeneWay Interchange Zoning District
Building height ...................... 20-331
Comprehensive plan and code compli-
ance required ................... 20-340
Development agreement; icon monu-
mentsign ...................... 20-336
Economic and fiscal impact require-
ments . 20-009
General uses and intensities. 20-329
Interconnectivity of multiple parcels .. 20-335
Master development plan. 1 0 1 0 6 1 4 1 4 0 20-337
Optional preliminary review .......... 20-338
Parking and driveway requirements. 20-333
Permitted uses, conditional uses,
incidental uses within buildings 20-330
Purpose ............................. 20-328
Setbacks 20-332
Utility lines, pipes, conduit and
infrastructure. . I 1 6 0 4 & 0 4 1 1 6 0 0 1**, 20-334
Home occupations or home offices
Regulation of ........................ 20-452
I-1 Light Industrial District
Building height regulations........... 20-260
Bulk regulations ..................... 20-262
Conditional uses ..................... 20-261
Enclosed buildings; outside storage.... 20-263
Generally, , 0 6 1 6 9 M 0 4 4 1 4 1 0 6 1 4 1 0 6 1 0 6 1 20-258
Uses permitted ...................... 20-259
Interpretation, purpose and conflict ..... 20-5
Land development, . 6 0 4 1 V 6 1 0 a 1 4 9-1 et seq.
See: LAND DEVELOPMENT
Land use decisions (procedures)
Administrative appeals ............... 20-35
Applications ......................... 20-29
City commission; authority ........... 20-27
Community workshop requirements, 20-29.1
Conceptual plan review —Non -binding
and binding by development agree-
ment ........................... 20-28.1
Conditional uses ..................... 20-33
Due process; special notice require-
ments .......................... 20-28
Expiration of conditional use, variance,
waiver approvals ................ 20-36
Intent;purpose ...................... 20-26
Limited administrative waivers ....... 20-37
Pre -application meeting .............. 20-28.2
Rezonings ........................... 20-31
CODE INDEX
Section
ZONING (Cont'd.)
Site and final engineering plans ...... 20-33.1
Staff review ......................... 20-30
Variances. . 20-32
Waivers ............................. 20-34
Limitations on residential densities...... 20-419
Supp. No. 26 3136.1
Section