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HomeMy WebLinkAboutSupplement No.25SUPPLEMENT N0.25 June 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. 2019-01, enacted January 28, 2019. See the Code Comparative Table for further information. Remove Old Pages iii Checklist of up-to-date pages SH:1, SH:2 139-140.2 148.15 148.2 130% 1310 1313-1316 1359, 1360 2105, 2106 2145-2148 3134.1-3137 Insert New Pages Checklist of up-to-date pages (following Table of Contents) SH:1, SH:2 139-140.2.2 148.1, 148.2 1309, 1310 1313-1316 1359-1360.2 2105, 2106 2145-2148 3135-3137 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. unicipal ••- Corporation '• Box 2235 Tallahassee, FL 32316 info@municode.com800.262.2633••- • CURRENT OFFICIALS CITY OF WINTER SPRINGS, FLORIDA Charles Lacey Mayor Jean Hovey Kevin Cannon Ted Johnson TiAnna Hale Geoff Kendrick City Commission Shawn Boyle City Manager Anthony A. Garganese City Attorney Andrea Lorenzo-Luaces, MMC City Clerk Supp. No. 25 lil Checklist of UpAo-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 22 79580 OC 25 81382 OC v, vi OC 83 4 vii, viii OC 133, 134 23 ix x 24 135, 136 23 xi, xii 24 1379 138 17 uli, xiv 24 1395140 25 SH:I, SH:2 25 140.1, 140.2 25 1, 2 16 140.2.1) 14002.2 25 3, 4 16 140.35 140.4 23 5, 6 16 140.55 140.6 23 73 8 16 140.75 140.8 23 % 10 16 140.9, 140.10 23 11, 12 16 140.115 140.12 23 13, 14 16 140613, 140.14 23 15, 16 12 140J5, 140.16 23 17, 18 12 1415142 24 19, 20 12 1435144 22 21 22 144.15 144.2 22 67 16 144.35 144.4 22 77578 4 144.5, 144.6 22 [1] Supp. No. 25 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 144.7, 144.8 22 353 5 144.95 144.10 22 365, 366 22 1453146 24 3673368 19 146.1, 146.2 24 36% 370 19 146.35 146.4 24 371,372 19 147,148 20 373,374 19 148.15 148.2 25 375,376 19 14% 150 OC 377,378 19 151,152 18 37% 380 19 153,154 18 381,382 19 155,156 18 383,384 19 203,204 4 385,386 19 2u5, 2v6 4 3ts , 388 19 207,208 4 38% 390 21 257 OC 390.15 390.2 21 259 OC 3911392 19 309,310 18 393,394 19 311,312 18 395,396 22 313,314 23 397,398 22 315,316 23 433,434 14 3175318 23 4355436 22 3195320 23 437,438 22 321,322 23 43% 440 OC 323,324 18 441,442 OC 325,326 22 493,494 3 3273328 5 4953496 12 3295330 5 4975498 12 331,332 5 499, 500 12 3335334 5 501,502 12 335,336 5 502.15 502.2 12 337,338 5 503, 504 1 33% 340 5 505,506 1 41,342 5 507 1 431344 5 5555556 9 451346 5 5571558 22 47,348 5 5591560 18 49,350 5 561,562 16 51,352 5 5631564 22 [2] Supp. No. 25 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 564.1, 564.2 16 6315632 18 564.35 564.4 16 635, 636 OC 655566 OC 637,638 2 675568 OC 63% 640 10 56% 570 OC 641, 642 10 5715572 OC 6435644 10 5735574 17 644.15 644.2 10 5755576 OC 644.35 644.4 10 5775578 OC 644.55 644.6 10 57% 580 OC 6455646 11 581,582 6 6475648 5 582.1, 582.2 6 6495650 15 5833584 1 6515652 10 584.15 584.2 3 693,694 19 5855586 OC 6955696 10 5875588 OC 696.1, 696.2 10 5895590 16 6975698 5 5915592 16 6995700 5 592.13 592.2 3 701,702 5 5935594 OC 7033704 5 5955596 OC 7055706 10 597,598 OC 7075708 5 5995600 OC 7095710 10 6011602 OC 7115712 5 6033604 OC 713,714 5 6059606 2 7155716 10 6075608 23 7175718 5 60% 610 23 719,720 5 6115612 23 721,722 5 6135614 23 7235724 5 615,616 23 7255726 10 6175618 23 7275728 5 619,620 23 729,730 5 621,622 23 731,732 10 623,624 15 733,734 10 6255626 24 735,736 10 627,628 24 737,738 19 62% 630 24 7615762 17 [3] Supp. No. 25 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 763, 764 17 1056.1, 1056.2 21 8153 816 23 1056.3, 1056.4 21 8175818 OC 1057, 1058 19 8195820 7 1059 19 821,822 23 11019 1102 18 823, 824 22 11035 1104 18 8255826 22 11053 1106 18 826.1, 826.2 21 1107, 1108 18 8275828 16 110% 1110 18 8293830 23 1111, 1112 22 8315832 23 1113, 1114 22 8335834 23 11571 1158 12 ui? U/ 19 115ti.1, 11JM.L 12 V / J U / f 875,876 6 1159, 1160 2 877,878 22 1161, 1162 2 879,880 22 116201, 1162.2 3 880.1, 880.2 22 N635 1164 Oc 8815882 19 1165, 1166 17 883,884 19 1167, 1168 OC 8859 886 22 11695 1170 OC 8877888 22 1171, 1172 OC 888.1, 888.2 22 11735 1174 OC 8895890 19 1175, 1176 4 8915892 19 1177, 1178 12 8935894 19 11795 1180 12 931,932 3 1181, 1182 12 9335934 24 11835 1184 12 9855986 19 1185, 1186 12 875988 19 1187, 1188 12 989 19 1189 12 1041, 1042 19 1227, 1228 20 10435 1044 OC 12295 1230 24 10455 1046 19 1230.1, 1230.2 20 1047, 1048 19 1231, 1232 22 1049, 1050 19 1232.1, 1232.2 22 1051, 1052 20 1233, 1234 OC 1053, 1054 20 1235, 1236 OC 10555 1056 21 1237, 1238 OC [4) Supp. No. 25 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1239, 1240 OC 13315 1332 20 12419 1242 18 1332415 1332.2 24 1243, 1244 18 1333, 1334 24 1245, 1246 18 1335, 1336 24 1246415 1246.2 18 1336015 1336.2 24 1247, 1248 15 1336935 1336.4 20 1249, 1250 15 1336955 1336.6 20 1251, 1252 18 1337, 1338 OC 1252.1, 1252.2 16 1339, 1340 OC 1253, 1254 16 1341, 1342 18 1255, 1256 16 1342415 1342.2 18 1257, 1258 16 1342,35 1342.4 18 1259, 1260 16 1342455 1342.6 18 1260.19 1260.2 6 1342.75 1342.8 18 1260.35 1260.4 6 1342.95 1342010 18 1260.55 1260.6 22 13420113 1342.12 18 1260.75 1260.8 22 1342.131 1342414 18 12613 1262 3 1342.15, 1342.16 22 1263, 1264 16 1342.175 1342.18 22 12655 1266 16 1342.195 1342020 18 1267, 1268 24 1342.215 1342022 18 1269, 1270 24 1342.23, 1342424 18 1271, 1272 24 13420255 1342*26 18 13055 1306 22 1342627, 1342628 18 13075 1308 22 1342.295 1342.30 18 13095 1310 25 1342.31, 1342432 18 1311, 1312 22 1342.335 1342.34 18 1313, 1314 25 1342*355 1342.36 18 1315, 1316 25 1342036.15 1342.36.2 18 1316215 1316.2 22 1342.36.3, 1342*3644 18 1317, 1318 16 1342.36.5, 1342636.6 18 131 % 1320 16 1342.36.73 1342.36.8 18 1321, 1322 22 1342.36.95 1342036910 18 1322.1, 1322.2 22 1342.36.111 1342*36,12 18 1323, 1324 16 1342,360135 1342.36.14 18 1325, 1326 20 1342.36.155 1342036* 16 18 1327, 1328 20 1342.36.175 1342.36.18 18 1329, 1330 20 1342.36.191 1342.36.20 18 [5] Supp. No. 25 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 13420360215 1342036.22 18 1375, 1376 10 13426360235 1342036424 18 1377, 1378 10 1342.36.253 1342036026 18 13795 1380 18 134236.27, 1342036028 18 1381, 1382 22 1342.360295 1342036430 18 1382615 1382.2 22 1342036.313 1342.36032 18 1383, 1384 21 1342.360335 1342036934 18 1385, 1386 21 13426364355 1342436036 18 1405, 1406 1 1342.36.375 1342.36.38 18 1407 1 1342.36.39, 1342436040 18 2091, 2092 OC 1342.36.41, 1342936042 18 2093, 2094 OC 1342.36.43, 1342036044 18 2095, 2096 OC IQAI QKA< 1r)Ae) �r 1< I �-.-... ram, to GVi/, GUiiS 1342.36.473 1342.36.48 18 2099, 2100 9 1342.36.493 1342.36.50 18 2101, 2102 18 1342.36.51, 1342.36.52 18 2103, 2104 21 13,12.36.53y 1342.36.54 18 2105, 2106 2� 1342.36.55, 1342.36056 18 2145, 2146 25 1343, 1344 21 2147, 2148 25 1345, 1346 21 2197, 2198 16 1346011 1346.2 21 2199 16 1346.35 1346.4 21 3111, 3112 19 1347, 1348 22, Rev. 3113, 3114 23 1349, 1350 22 3114.1 23 135001) 1350.2 22 3115, 3116 22 1351, 1352 20 3117, 3118 24 1353, 1354 20 3119 24 1355, 1356 20 3121, 3122 18 1357,1358 20 3123 19 1359, 1360 25 3125, 3126 23 1360.1, 1360.2 25 3127, 3128 22 1361, 1362 21 3129, 3130 20 1363, 1364 22 3131, 3132 24 1365 22 3133,3134 24 1370015 1370.2 15 3135, 3136 25 1370.3, 1370.4 15 3137 25 1371, 1372 10 3139, 3140 21 1373, 1374 16 Supp. No. 25 SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code and are considered "Includes." Ordinances that are not of a general and permanent nature are not codified in the Code and are considered "Omits." By adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Ord. No. Date Adopted �IdcXuciel - , ()am t Supi No: 2010-03 44240 Include 16 2010-06 8-23-10 Include 16 2010-07 8-23-10 Include 16 2010-08 10-2540 Include 16 2010-09 4-2640 Include 16 2010-11 4-26-10 Include 16 2010A3 6-28-10 Include 16 2010-14 5-2440 Include 16 201049 8- 940 Include 16 2010-21 943-10 Include 16 2011-02 5- 941 Include 17 2011-04 2-1441 Include 17 2011-05 2-2841 Include 17 2011-06 6-27-11 Include 17 2011-09 74141 Include 17 201140 7-2541 Include 17 201141 8-22-11 Include 18 201143 9-2641 Include 18 2011-08 104041 Include 18 2011-14 104041 Include 18 2011-15 1-2342 Include 18 2011-16 2-27-12 Include 18 2012-02 1-23-12 Include 18 2012-06 342-12 Include 18 2012-07 2-2742 Include 18 2012-08 5-2942 Include 19 2012-09 7-2342 Include 19 201240 843-12 Include 19 2012-11 940-12 Include 19 201242 94042 Include 19 2012-15 10- 8-12 Include 19 2012-16 11-19-12 Include 19 2013-02 2-25-13 Include 19 Supp. No. 25 0II:1 WINTER SPRINGS CODE Ord. No. Date Adopted Include/ Omit Sapp. No 2013-03 3-1143 Include 19 2013-07 9- 943 Include 19 2013-08 84243 Include 19 2013-09 9- 9-13 Include 19 201341 34044 Include 20 2013-12 5-12-14 Include 20 201347 11-18-13 Include 20 2013-18 12- 9-13 Include 20 2014-03 3.24-14 Include 20 2014-06 3-10-14 Include 20 2014-09 4-28-14 Include 20 201441 542-14 Include 20 2014-10 7-28-14 Include 21 2014-12 7-28-14 Include Include 21 GU14—lei 7-28-14 21 201445 9-28-14 Omit 21 2014-18 9-8-14 Omit 21 2014-21 104344 Omit 21 2014-24 10 27-14 Include 21 2014-32 1-1245 Include 21 2014-34 12- 844 Include 21 2015-01 2-2246 Include 22 2015-04 3-2345 Include 22 2015-07 1-26-15 Include 22 2015-09 4-13-15 Include 22 201542 4-27-15 Include 22 201545 1-25-16 Include 22 201549 9-14-15 Include 22 2015-20 10-2645 Include 22 2015-21 1042-15 Include 22 2015-22 10-26-15 Include 22 2016-05 2-22-16 Include 22 2016-07 4-1146 Include 22 2016-01 7-25-16 Include 23 2016-03 7-2546 Include 23 2016-09 1040-16 Include 23 2016-10 124246 Include 23 2017-08 8-1447 Include 24 201741 8-14-17 Include 24 2017-12 7-10-17 Include 24 2017-16 9-25-17 Include 24 2017-17 9-18-17 Omit 24 2018-01 3-12-18 Include 25 2018-06 10- 8.18 Include 25 2018-08 144-19 Include 25 2019-01 1-2849 Include 25 Supp. No. 25 SH:2 ADMINISTRATION (b) F.S. § 1ov.361 is hereby incorporated in haec verba into this section and all provisions shall be applicable to any public elected official of the city. (Code 1974, § 2-3) Cross reference —Elections, § 2-81 et seq. Sec. 2-27. Rules and procedures of the city commission —Generally. (a) Authority. The rules and procedures established under this article II are adopted in furtherance of subsection 4.13(b) of the City Charter which provides that the city commission shall determine its own rules and order of busi- ness. The rules and procedures adopted under this article II are intended to be supplemental and in addition to other applicable provisions of law. To the extent that any provision of these rules and procedures is in conflict with the City Charter, state or federal law, the conflicting provisions of the City Charter, state or federal law shall prevail and apply. The rules and procedures adopted by the city commission shall not be construed or interpreted in any way to limit the broad powers vested in the city commis- sion under the City Charter, article VIII, section 2(b) of the state constitution, the Florida Municipal Home Rule Powers Act, and other applicable law. (b) Agenda packets. The city manager shall have the authority to and be responsible for preparing the city commission agenda for each city commission meeting. The mayor or any city commissioner shall have the right to have a matter placed on the regular agenda for timely consideration and action by the city commission. Upon completion of the agenda packets, the city clerk shall be responsible for distributing agenda packets to the mayor, city commissioners, city manager, city attorney, city staff and the public. Agenda packets shall be made available to the mayor and each commissioner no later than Wednesday (preferably by 5:00 p.m.) prior to the commission meeting; however, when absolutely necessary or in the event of an emergency, the city manager may authorize the distribution of the agenda packets after 5:00 p.m. and may distribute any add -on agenda item(s) after the agenda has been distributed on Wednesday. To the extent that certain agenda items require the 0 review by or distribution of documents to the mayor and city commission that are deemed confidential or exempt from public disclosure by law, the city manager will arrange for such review or distribution in a manner deemed appropriate to protect such exemption or confidentiality. (c) Approval of the agenda. At the commence- ment of each city commission meeting during the calI to order section, the city commission shall approve, by majority vote, the proposed agenda to be considered by the city commission at the meeting. Prior to the approval of the proposed agenda, the city commission may, by majority vote, add or remove agenda items from the proposed agenda or reorder agenda items in terms of placement on the agenda. Upon approval of the agenda, the agenda items will be considered by the city commission in the order presented on the approved agenda. (d) Robert's Rules of Order. Robert's Rules of Order shall be the 'underlying foundation" for the conduct of commission meetings and will be followed to the extent practical and feasible and to the extent not modified by this article or as otherwise required by law. Robert's Rules of Order may be suspended by a majority vote of the city commission. The city clerk shall be responsible for maintaining at least two (2) copies of Robert's Rules of Order on the dais during all city commission meetings. (e) Consent agenda. Any commissioner may request that a consent agenda item be held for separate consideration. (f) Motions. No motion shall be recognized by the chair until all commissioners and the city manager have had an opportunity to address that agenda item. (g) Motions belong to commission. Motions shall only be permitted by members of the commission. Motions, once made, and seconded, belong to the commission, not the individual making the original motion. Motions which have been seconded may be withdrawn by consensus of the city commission without a formal vote. upp. No. 25 WINTER SPRINGS CODE Amendments to pending motions are not required to be accepted by the maker of the pending motion. (h) Parliamentary procedure. All motions shall be considered in accordance with the Chart 1, Ranking Order and Chart II, motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). The city clerk shall be responsible for maintaining at least two (2) copies of the chart on the dais during all city commission meetings. (i) Time limits on agenda items. Unless otherwise approved by a majority vote of the city commission, each commissioner and the mayor 6hali be given a inaximum of five (0) minutes to initially speak on an agenda item. After each commissioner and the mayor have been afforded the opportunity to initially speak on an agenda item, each commissioner "nd the nla.yor shall then be given additional time to speak in five (5) minute increments until discussion on that agenda item has been concluded. (j) Call the question. Motions to "call the question" shall require a second and a minimum two-thirds (2/) vote of the commission. (k) Starting time of meetings. Regular city commission meetings shall be scheduled to com- mence at 6:30 p.m. on the second and fourth Monday of every month unless otherwise approved by the city commission. Special and emergency city commission meetings shall be scheduled as needed at a date and time established by the mayor, city commission or city manager, and whenever practicable, upon no less than twelve (12) hour notice provided to the mayor, city manager, city clerk, city attorney and each member of the city commission. (1) Time of adjournment. Unless sooner adjourned by majority vote of the city commis- sion, the mayor shall adjourn the commission meeting at 8:30 p.m. However, by majority vote of the city commission, a commission meeting may be extended beyond 8:30 p.m., but no later than 10:00 p.m., in time increments or to handle any specific agenda item(s). A super -majority vote of the city commission shall be required to similarly extend a commission meeting beyond 10:00 p.m. (m) Reports. At the conclusion of each city commission meeting prior to any additional delegations portion of the city commission meet- ing, the agenda will set aside a time period for reports subject to the following protocol: (1) During reports, the mayor and each com- missioner shall be afforded an opportunity to report on various committees and groups on which they represent the city, and to make brief comments in general. Each report is intended to be brief and not for purposes of proposing that the vity Vnmmigginn talro fin"! +' , ,, 4jo . initiatives and/or initiatives that would ordinarily require significant city staff research before final action is taken by the city commission. (2) The city commission will not take final action on any major initiatives and/or initiatives that would ordinarily require significant city staff research presented under reports. (3) The city manager, city attorney, and city clerk shall also be afforded a brief opportunity to report on information and various matters requiring the city com- mission's attention and to also present pending miscellaneous matters requir- ing expedient direction from the city commission prior to the next regularly scheduled city commission meeting. (4) Unless otherwise approved by a majority vote of the city commission, each commis- sioner and the mayor shall be given a maximum of five (5) minutes to speak under reports. (5) Reporting individuals may circulate, prior to the meeting, background information that may be reported on during the meet- ing. Such information shall be provided through the city clerk's or city manager's office for distribution to the mayor and city commission in a manner similar to the distribution of agenda packets, except Supp. No. 25 140 ADMINISTRATION that the city attorney may distribute attorney -client privileged work product directly to the city manager, mayor and city commissioners to the extent neces- sary to protect such privilege. Further, to the extent that certain information must be distributed by the city manager that is deemed confidential or exempt from public disclosure by law, such informa- tion may be distributed directly to the mayor, city commissioners, and city attorney to the extent necessary to protect such exemption or confidentiality. At the meeting, the reporting individual can present or refer to the background information in support of their report item. (6) Reporting individuals may also present their report items in writing to be distributed at the meeting. (Ord. No. 2016-09, § 2, 10-1046; Ord. No. 2018-08, § 2, 14449; Ord, No. 2019-01, § 2, 1-2849) Sec. 2-28. Addressing the mayor and city commission. (a) Oral communications. Any person desir- ing to address the mayor and city commission shall first secure the permission of the presiding officer and shall state his/her name and address for the record. If such person is speaking as an authorized representative, such person shall also advise the mayor and city commission of the name of the person, group, business, or organiza- tion being represented. All remarks shall be addressed to the mayor and city commission as a body and not to any member thereof, unless permission to do so is first granted by the presiding officer or the city commission. Individual members of the public shall limit their discus- sion or comments to no more than three (3) minutes. Individuals representing a group or homeowner's association shall limit their discus- sion or comments to no more than five (5) minutes. No questions shall be asked of the mayor or a city commission member or city official except through the presiding officer. (b) Written communication. Interested persons may address the mayor and city commission by written communications in regard to a matter then under discussion. (c) Reading protests. Interested persons may address the mayor and city commission by read- ing of protests, petitions, or other communica- tions related to matters then being considered by the city commission. (d) Mayor enforce time limits. The mayor shall strongly enforce the directives of the city com- mission relative to disruptive members of the audience and time limits on public input. (e) Disruptive behavior prohibited. Disruptive behavior by members of the audience including, but not limited to, fighting, yelling, throwing or launching projectiles, audible use of electronic devices (e.g., cell phones, lap tops, tablets, cameras, and gaming devices), visual displays (e.g., lasers, holographical images, projections, and blinking, flashing or other light displays), and causing loud noises is strictly prohibited. Cell phones or any other ringing device must be silenced or turned off during city commission meetings. (f) Certain remarks prohibited. Obscene or disparaging language, fighting words, or slander- ous remarks are strictly prohibited at the city commission meetings. (g) Non-resident and/or non -taxpayer restric- tion. The city commission, by majority vote, may decline to hear any person who is not a resident or taxpayer of the city, except: (1) When the person is a user of the city's water or sewer system and wishes to be heard on a matter related to the city's sewer and/or water system. (2) When such person is a city employee who wishes to be heard on a matter relating to his/her employment; or (3) When such person is serving as an authorized representative for a person who would otherwise be permitted to be heard on the subject matter before the city commission. Supp. No. 25 140.1 WINTER SPRINGS CODE (h) Delegations. Public comment will be rule of existing policy as more specifi- included on every city commission agenda under tally described in section 2-30 of the the following conditions: City Code; and (1) At the beginning of each regular, special d. Public hearing items, where public or workshop meeting at which the city comments are taken elsewhere on commission will take final official action the agenda when the item is on any proposition, the city commission presented, will set aside up to thirty (30) minutes of The purpose is also to allow any resident each regular, special or workshop meet- or taxpayer of the city to make his/her ing for "delegations" (aka limited public views known to the city commission upon forum) after call to order and any awards any subject of general or public interest. and presentations, immediately prior to Additionally, a city employee shall be taking any final official action on any permitted to address the mayor and city proposition. In addition, at its discretion, commission as to matters regarding his/ the city commission may set aside up to her employment, and a user of the city's an additional thirty (30) minutes of each sewer or water system shall be permitted regular, special or workshop meeting for to address the city commission regarding an additional "delegations" portion of the matters related to the city's sewer and/or meeting at the end of each city commis- water system. sion meeting. Delegations shall be subject (2) The second discretionary "delegations" at W other applicable provisions of the City the end of the meeting shall be for the Code. The purpose of the first delega- limited purpose of allowing any resident tions portion of the meeting is for any or taxpayer of the city to make his/her person to be heard on any item on the views known to the city commission upon agenda, except the following items. any subject of general or public interest. Additionally, a city employee shall be a. Emergency items, meaning an official permitted to address the mayor and city act that must be taken to deal with commission as to matters regarding his/ an emergency situation affecting the her employment, and a user of the city's public health, welfare, or safety, if sewer or water system shall be permitted compliance with F.S. § 28690114) to address the city commission regarding would cause an unreasonable delay matters related to the city's sewer and/or in the ability of the city commission water system. to act; (3) Each person addressing the city commis- b. Ministerial items, meaning an official sion during delegations shall speak for act involving no more than a ministe- no more than three (3) minutes and a rial act, including, but not limited person representing a group or to, approval of minutes and homeowner's association shall speak for ceremonial proclamations. Ministe- no more than five (5) minutes, unless a rial items also include motions or lesser or greater time is provided by a questions of parliamentary procedure majority vote of the city commission, that do not result in a final official action of an item before the city (4) If it appears that a matter presented by a commission; speaker during delegations is administra- tive in nature, and the question or matter c. Quasi-judicial items, generally mean- raised can be adequately answered or ing land use and other applications addressed by the city manager or considered by the city commission administrative staff, the city commission requiring the application of a general may request, upon consensus, or proper Supp. No. 25 140.2 ADMINISTRATION motion and majority vote, that the speaker refer the matter to the city manager or his designee during normal city business hours. If such a referral is made by the city commission, the speaker shall have no further right to present that matter at the meeting. If the speaker is not adequately satisfied by the city's Supp. No. 25 140.2.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 25 1402.2 ADMINISTRATION chases shall be made pursuant to written uniform purchasing policies and procedures established by the city manager. The city manager is authorized to purchase or contract for all com- modities and services required by the city which do not exceed fifty thousand dollars ($50,000.00). All purchases or contracts for all commodities and services required by the city which exceed fifty thousand dollars ($50,000.00) shall be approved by the city commission. Notwithstand- ing, the city manager shall have the authority to purchase or contract for all commodities and services by the city which do not exceed two hundred thousand dollars ($200,000.00) in cases of a bona fide emergency such as an immediate danger to the public health or safety, loss of public or private property or an interruption in the delivery of an essential governmental service. This section shall not be construed or interpreted as limiting the purchasing and contracting author- ity granted to the city manager pursuant to a declaration of a state of emergency proclaimed by the city in accordance with the emergency management regulations set forth in chapter 2, article VII of the City Code. (Ord. No. 200045, § 1, 642-00; Ord, No. 2007- 12, § 2, 6-11-07; Ord, No. 2018-06, § 2, 10-848) Sec. 2-152. When written bids are required; waiver; small purchases. (a) Unless otherwise required by city charter, city ordinance, state or federal law, or pursuant to subsection (b) of this section, competitive prices for all purchases of commodities and services shall be obtained by written bid, quote, or proposal and the purchase made from, or the contract awarded to, the lowest and best responsible bidder. Notwithstanding any require- ment for obtaining written bids, quotes or propos- als, purchases may be made by: W cooperating with other governmental entities in soliciting competitive bids, quotes or proposals; (ii) using competitive bids, quotes or proposals received by other governmental agencies, provided they were made within one year of the date the city proposes to use them; (iii) using a current contract previ- ously awarded to another governmental agency; (iv) using a purchase card, provided the purchase complies with the city's purchase card guidelines; (v) using a sole source vendor; (vi) negotiating directly with a provider of professional services; and (vii) declaring a purchase an emergency; provided said purchases are allowed by city charter and state and federal law and deemed in the best interests of the city by the city commis- sion or the city manager for purchases within the city manager's spending authority. (b) Small purchases of commodities and services not exceeding two thousand five hundred dollars ($2,500.00) shall be exempt from the requirements of subsection (a) provided that said purchases are not prohibited by city charter, state or federal law and are deemed in the best interests of the city by the city manager or the city manager's designee. (Ord. No. 200045, § 1, 642-00; Ord. No. 2007- 121 § 2, 641-07) Secs. 2-153-2-190. Reserved. DIVISION 3. CITY -OWNED PERSONAL PROPERTY Sec. 2-191. Definition of property. The word "property" as used in this division means fixtures and other tangible personal prop - Supp. No. 25 148.1 WINTER SPRINGS CODI [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 25 148.2 ZONING sion 15. C-3 Highway 17-92 Commercial District Sec. 20-346. In general. Sec. 20-346.1. Uses permitted. Sec. 20-346.2. Building height regulations. Sec. 20-346.3. Conditional uses. Sec. 20-346.4. Bulk regulations. Secs. 20-347-20-350. Reserved. Article IV. Planned Unit Developments co 20-351. Intent and purpose of district. Sec. 20-352. Development Agreement and Master Plan. Sec. 20-353. Standards for planned unit developments. Sec. 20-354. Procedures for approval of planned unit development zoning classification. Sec. 20-355. Appeals. Sec. 20-356. Control of development following recordation of development agreement. Sec. 20-357. Amendment to existing PUD. Sec. 20-358. Additional requirements. Secs. 20-359-20410. Reserved. Article V. Supplemental District Regulations Division 1. Generally Sec. 20-411. Trailers in residential areas. Sec. 20412. Trailer uses. Sec. 20-413. Animals. Sec. 20-414. Exceptions. Sec. 20-415. Reserved. Sec. 20-416. Kennel zoning. Sec. 20-417. Residential wall buffers required. Sec. 20-418. Gasoline stations. Sec. 20-419. Limitations on residential densities. Sec. 20-420. Secondary metals recyclers and similar non -hazardous recyclers. Sec. 20-421. Pill mills. Sec. 20422. Public, private and charter school and daycare center siting criteria. Secs. 20-423, 20424. Reserved. Sec. 20-425. Medical marijuana dispensaries prohibited. Secs. 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. 20432. Commercial vehicle -Definition. Sec. 20-433. Storage, repair, etc., of disabled motor vehicles; approved. Sec. 20434. Authorized commercial vehicles in residential areas. Sec. 20-435. Authorized commercial vehicles in residentially zoned districts. Sec. 20436. 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. 20439. Parking areas on residential lots; design requirements. Secs. 20-440-20450. Reserved. Supp. No. 25 1309 WINTER SPRINGS CODE Division 3. Siting and Regulation of Telecommunications Towers Sec. 20-451. Telecommunications towers. Division 4. Regulation of Home Occupations or Home Offices Sec. 20-452. Home occupations or home offices. Secs. 20-453-20-460. Reserved, Article VI. S.R. 434 Corridor Vision Plan Division 1. S.R. 434 Corridor Overlay District Sec. 20-461. Intent. Sec. 20-462. Creation. Division 2. General Design Standards for New Development Area Sec. 20-463. Applicability. Sec. 20-464. Building height. Sec. 20-465. Setbacks. Sec. 20-466. Reserved. Sec. 20-467. Off-street parking and driveway requirements. Sec. 20-468. Large footprint buildings. Sec. 20-469. Reserved. `icc. 20-470. Peses ved. Sec. 20-471. Utility lines. Sec. 20-472. Corridor access management. Sec. 20-473. Building and screening design guidelines. Sec. 20-474. Development agreement. Sec. 20-475. Reserved. Secs. 20-476-20-479. Reserved, Division 3. Reserved Sec. 20-480-20-500. Reserved. Division 4. Reserved Table 1 Recommended Shrub Pallet Table 2 Recommended Tree Pallet Supp. No. 25 1310 ZONING restaurants or cafes, if existing, being conducted in the same building or accessory buildings in connection therewith. Junkyards. An establishment or place of busi- ness which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automotive graveyard, and the term shall include garbage dumps and sanitary landfills. For purposes of this definition, an automotive graveyard shall mean an establishment or place of business which is maintained, used, or operated for stor- ing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. The term junkyard shall not include a recycling facility which satisfies the require- ments of section 20-259(10) of the City Code. Laundry, sel f-service. A business that provides home -type washing, drying and/or ironing machines for hire to be used by customers on the premises. Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including a principal building together with its accessory buildings, the yard areas and parking spaces required by this chapter and having its principal frontage upon a publicly owned street and publicly maintained streets or upon an approved place. Lot of record. A lot which is subdivided in accordance with the subdivision regulations contained in chapter 9 of the City Code which has been recorded in the office of the clerk of the county circuit court; or a parcel of land, on or before the effective date of the ordinance from which this chapter was derived. Lot, corner. A lot abutting upon two (2) streets at their intersection. Lot, depth. The depth of a lot is the distance measured in a mean direction of the sidelines of the lot from the middle point of the front lot line to the midpoint of the opposite rear line of the lot. Lot frontage. The horizontal distance measured along the narrow width of a lot abutting a street right -of --way. Lot, interior. A lot other than a corner lot. Lot, reserved corner. A corner lot, the street side lot line of which is substantially the continu- ation of the front lot line of the first lot to its rear. Lot, through. An interior lot having frontage on two (2) parallel or approximately parallel streets. Lot, width. The mean horizontal distance between the side lot lines, measured at right angles to the depth. Medical marijuana treatment center dispens- ing facility. A facility of a medical marijuana treatment center, as that term is defined in Sec. 29, Art. X of the Florida State Constitution, which dispenses marijuana, products containing marijuana, related supplies or educational materi- als to qualifying patients or their personal caregiv- ers, as defined in Sec. 29, Art. X of the Florida State Constitution and F.S. § 381.986, but shall not include facilities growing, cultivating or processing marijuana or derivative products. Motel. A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities adjacent to each unit and having individual unit entrances opening to the outside. The term "motel" includes buildings designated as auto courts, tourist courts, motor lodges and similar appellations. Multi -tenant development. Shopping centers and other uses so determined by the city. Nonconforming use. The use of a building, or portion thereof, or land, or portion thereof, which use does not conform with the use regulations of the district in which it is located. Noxious matter. Material which is capable of causing injury to living organisms by mechanical or chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of individuals. Nursing (convalescent) home. A home of aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept or provided with food Supp. No. 25 1313 WINTER SPRINGS CODE and/or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Octave band. An octave band is a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch. Octave band filter: An octave band filter is an electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals. Particulate matter: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or a solid at atmospheric Tll'Pqu!l,rP end tnm rrvrut,:rn. Performance standard. A criteria established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards and glai�c; of heat; generated by or inherent in uses of land or buildings. Principal building. The building or structure of chief importance or function on a parcel or lot. In general, the primary use of the lot is carried out in the principal building. Pr•ofessiorzal offices. Professional offices shall include those vocations in which professed attain- ments in special knowledge are practiced, as distinguished from mere skills, and shall be limited to those professions so classified by the laws of the state or determined by decisions of the state supreme court, and which are conducted as professions and not as a trade or other business. Professional offices do not include offices for the treatment of animals on the premises. Ringelmann Chart and number. A chart described in the United States Bureau of Mines Information Circular' 6888, and of which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke. A Ringelmann number is the number of the area in the Ringelmann Chart that coincides most nearly with the visual density of emission. Service station. Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories and in connection with which is performed general automotive servicing as distinguished from automotive repairs. Smoke units. Smoke units represent the number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. Sound level meter: An instrument standard- ized by the American Standards Association for measurements of the intensity of sound. Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, then the space between such floor and the ceiling next above it. Street. A public or private thoroughfare which affords the principal means of access to abutting property. This includes land, place, way or other means of ingress or egress regardless of the term- ed usto describe it. Street right -of --way. The dividing line between a lot, tract or parcel of land and a contiguous street. Structure. Any thing constructed, erected or placed, the use of which requires more or less permanent location on the ground and shall include tents, lunch wagons, dining cars, camp cars or other structures on wheels or other supports and used or intended for business or living quarters. Str•uctur•al alterations. Any substantial change, except for repair or replacement in supporting members of a building such as bearing walls, columns, beams or girders, floor joists or roof sts. Subdivision. For the purpose of these regula- tions, asubdivision of land is either: (1) The platted division of land comprising one (1) acre or more in area, into lots, sites or parcels; (2) Establishment or dedication of a road, highway, street or alley through a tract of land by the owner thereof, regardless of area; or Supp. No. 25 1314 /�7►`ii►`t (3) The resubdivision of land of one (1) acre or more in area heretofore divided or platted into lots, sites or parcels. Swimming pool. Any constructed pool used for swimming or bathing over twenty-four (24) inches in depth or with a surface area exceeding two hundred fifty (250) square feet. Toxic materials. Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. Trailer. Any so-called house trailer and other similar objects, which are designed for use as a place of abode, by one (1) or more persons, both temporary and permanent, irrespective of whether they are used actually for such purposes. Trailer park. A duly licensed camp, park or other area established to carry on the business of parking or otherwise servicing trailers. Use, principal. The main use of land or build- ings as distinguished from a subordinate or accessory use. Yard. An open space at grade between a building and adjoining lot line, unoccupied and unobstructed by a portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building shall be used. Yard, front. A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the principal building or any projections of uncovered steps, uncovered balconies or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its dimension. Yard, rear. A yard extending across the rear of a lot between the sidelines of lots and being the minimum horizontal distance between the rear of the principal building or any projections thereof other than the projection of uncovered steps, balconies or porches. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard. Yard, side. a yard between the principal build- ing and the sideline of a lot and extending from the front lot line to the rear yard and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereto. (Ord. No. 44, § 44.24, 1-8-68; Ord. No. 675, 12-8-97; Ord. No. 2005-09, Ord. No. 2005-09, § 2, 3-28-05; Ord. No. 2005-23, § 3, 942-05; Ord. No. 2010-03, § 2, 44240; Ord, No. 2010-08, § 5, 10-2540; Ord. No. 2011-08, § 2, 10-1041; Ord. No. 2016-05, § 2, 2-22-16; Ord. No. 2018-01, § 2, 3-12-18) 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 Supp. No. 09 1315 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. Where this chapter iilipv Cu u gr P 'u (Al ICtiu l UJ/Uil bile UOU Ul buildings or land or upon the height of buildings or lot coverage, or require greater lot areas, larger yards or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control. (Ord. No. 44, § 44.03) 1-8-68) Sec. 20-5. Interpretation, purpose and conflict. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this chapter to interfere with, abrogate or annul any lawful easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the heights of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by lawful ease- ments, covenants or agreements, the provisions of this chapter shall control. (Ord. No. 44, § 44.88, 1-8-68) Sec. 20-6. Penalty. Any person violating or failing to comply with the terms and provisions specified herein upon conviction and at the discretion of the court may be fined, imprisoned or both as deemed appropri- ate by the court. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. No. 44, § 44.87, 1-8-68; Ord. No. 367, § 2, 5-11-87) Secs. 20-7-20-25. Reserved. ARTICLI•J II. ADMINISTRATION DIVISION 1. PROCEDURE; LAND USE DECISIONS Sec. 20-26. Intent and purpose. The intent and purpose of this division is to set forth the procedure for applying for vari- ances, conditional uses, rezonings, waivers, and administrative appeals as set forth in this chapter. (Ord. No. 200449, § 2, 2-13-04) Sec. 20-27. City commission; authority. Unless otherwise provided in this chapter, the city commission shall render all final decisions regarding rezonings, variances, conditional uses, waivers, and administrative appeals provided for in this chapter. The city commission may impose reasonable conditions on any approved rezoning, variance, conditional use, waiver or administrative appeal to the extent deemed neces- sary and relevant to ensure compliance with applicable criteria and other applicable provi- sions 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 commission may adopt, by resolution, quasi-judicial rules and procedures to implement this division. (Ord. No. 44, § 44.15, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 2004-49, § 2, 1243-04) 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. Supp. No. 25 1316 ZONING (10) New school sites shall have safe means of DIVISION 2. MOTOR VEHICLES ingress and egress for pedestrians, bicycles, cars, buses, service vehicles and Sec. 20-431. Parking, storage or emergency vehicles. High schools and maintenance of certain vehicles other major school facilities shall be prohibited in residentially located with access to collector or arterial zoned districts. roads, rather than relying solely on local roads. In order to protect and promote the public health, safety and welfare, and among other (11) Ensure compliance with the United States purposes, to provide light, safety from fire, safety Department of Transportation's Safe from other damages and to protect property Route to Schools initiative. owners from certain general nuisances associ- (12) Demonstrate that safe road, bicycle, and ated with the unregulated parking, storage or maintenance of certain vehicles, the parking, sidewalk connections to and from proposed storage or maintenance of certain vehicles as school sites will be provided. herein specified in the areas herein specified are (13) Demonstrate that the proposed use will prohibited except as herein provided: not have an adverse impact on the local (1) Prohibitions: economy, including governmental fiscal impact, employment, and property values. a. Except as provided in section 20-434 below, no person owning, renting or (14) Demonstrate that negative fiscal impacts leasing real property in a residential on the city for city services which are not zoned district shall cause or allow covered by general ad valorem taxes, to be parked on any residential assessments, permit fees, and service property a commercial vehicle as charges are mitigated against by the defined in section 20432. school. (Ord. No. 2014-09, § 2, 4-28-14) b. No person owning, renting, leasing Editor's note —Ord. No. 2014-09, § 3, adopted April 28, or otherwise being in control of the 2014, added provisions numbered as § 20-421. In order to use of any lot, parcel or piece of real avoid conflicts in section numbering the editor has redesignated property located in a residentially these provisions as § 20422. zoned district or living thereupon shall cause or allow any vehicles as enumerated in (1)a. above to be Secs. 20423, 20=424. Reserved. parked, stored or maintained upon such property. Sec. 20=425. Medical marijuana dispensaries c. No recreational vehicles shall be prohibited. occupied as temporary living quarters while such recreational Medical marijuana treatment center dispens- vehicle is parked or stored within a ing facilities shall be prohibited from locating in residentially zoned district in the any district of the city. The city will not accept, city. No recreational vehicle parked process or approve any request or application for or stored in the city shall have its a development order, building permit, or other wheels removed except for repair or approval associated with a proposed medical maintenance. marijuana treatment center dispensing facility. (Ord. No. 2018-01, § 2, 3-1248) d. No recreational vehicle shall be parked in such a way that it shall obstruct the view of traffic or impede Secs. 20426-20-430. Reserved. the vision of vehicular traffic. Supp. No. 25 1359 f. WINTER SPRINGS CODE No more than one (1) recreational vehicle shall be parked on an owner's property at any one (1) time. All recreational vehicles and boats parked or stored in a residentially zoned district, or upon any property containing a residential use, shall be parked or stored behind the front building line. No recreational vehicle in excess of twenty-eight (28) feet in length or boat in excess of twenty- three (23) feet in length, shall be parked or stored in a residentially zoned district, or upon any property containing a residential use, without a permit issued by the city manager or the city manager's designee. A permit shall not be issued unless the following criteria are met: 1. The recreational vehicle, boat or boat trailer shall be parked Of E of ud bWIizid Lhe fi otit build- ing line and parked on a paved parking surface, provided, however, that a permit may be issued for a boat which, as of the effective date of this code section [July 28, 20141, has regularly been parked on an unpaved parking surface behind the front building line for at least sixty (60) days. 2. The recreational vehicle, boat or boat trailer shall be located in the driveway area permit- ted for the parking of pas- senger cars provided such driveway area is located behind the front building line. There must remain sufficient area in the driveway for the off-street parking of two (2) passenger cars without blocking the sidewalk area. 3. The recreational vehicle or boat shall not be used as a living unit when parked in a residential district or upon any property containing a residential use. 4. A recreational vehicle, boat or boat trailer must be inspected to ensure it is in a state of good repair with respect to exterior appearances. Recreational vehicles shall have a valid registration and license plate. Boats and boat trailers must be registered in accordance with Florida law. Prior to a permit being issued, the property owner shall grant the City access to the recreational vehicle, boat or boat trailer for purpose of this inspection. 5. The recreational vehicle, boat trlilnr screened on all sides with a minimum six-foot wall, opaque landscap- ing, or opaque fence. If landscaping is used for screen- ing, said landscaping must be maintained in a manner to provide adequate screening. The area where the recreational vehicle, boat or boat trailer is parked must be maintained in such a manner as to prevent the growth of high weeds and the presence of garbage and other debris. 6. The recreational vehicle, boat or boat trailer shall be owned by a person residing on the subject property. The city manager shall be permitted to impose reason- able special conditions on permits issued under this subsection to the extent required to ensure compliance with the aforementioned criteria. In addition, permits approved under this subsec- tion shall specify and be limited to the recreational vehicle, boat or boat trailer set forth in the permit application, and shall contain a description of the Supp. No. 25 1360 ZONING approved parking location on the subject property. Any permit issued under this subsection shall automatically expire twelve (12) months after issuance. Application may be made to renew such permit subject to all of the criteria, terms and conditions set forth in this subsection. g. It shall be a violation of this chapter to park any vehicle enumerated in (1)a. above or to park any recreational vehicle, boat or boat trailer within the right-of-way of any city street, alley, lane, way, drive or other thoroughfare overnight. (2) Exceptions. The parking, storage or maintenance of certain vehicles will be permitted in residentially zoned districts as exceptions to (1)a. through (1)h. above as follows: a. Recreational vehicles may be occupied during parking or storage if a permit has been issued in accordance with section 20412. Supp. No. 25 1360.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 25 1360.2 Ordinance Number 2014-34 2015-07 2015-12 2015-15 2015-19 2015-20 2015-21 2015-22 2016-05 2016-07 2016-01 2016-03 2016-09 2016-10 CODE COMPARATIVE TABLE I AFT 1-26-15 4-27-15 9-14-15 10-26-15 104245 10-26-15 7-25-16 10-10-16 12-12-16 Section Section this Code 2 20-461 20-463-20-465 Rpld 20466 20467,20-468 Rpld 20469 20471-20-474 Rpld 20480-20-485, 20-487-20-490 2 7-27 2 2-43 3 2-45 2 20-234, 20-254, 20-463 2 Added 20-37 1 9-10 2 2-61.5 2(Exh. A) Rpld 2-56-2-65 3 Added 2-56-2-65.2 4 2-69.1 5 5-5(0(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 2 20-11 20-452 2(Exh.A) 20-323 2 Added 12-100 3 Rpld 12-54 2 5-4(a) 3 5-8(b) 4 5-9 Added 2-27-2-31 2 9-386, 9-386.1, 9-386.2(a), (b), (e), 9-386A4 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, 9-386.19, Added 9-386.21(h) Supp. No. 25 2105 WINTER SPRINGS CODE Ordinance Section Number Date Section this Code 2017-08 8-14-17 2 Added 19-310-19-323 3 2-69.4 2017-11 8-14-17 2 20-252 3 20-256 2017-12 740-17 2 2-83 2017-16 9-25-17 2 9-391.5(c)(1)—(4) 2018-01 3-12-18 2 20-1 Added 20-425 2018-06 10- 8-18 2 2451 2018-08 1-14-19 2 2-27(k) 2019-01 1-28-19 2 2-27(b), (m)(2) Supp. No. 25 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 following the text, of references to the state law or related matters. State Const. Section Article Section this Code VIII 2 10-87, 18-153 X 29 204 Fl. Adm. Code Section F.S. Section Chapter this Code Section this Code 17-50 19-92(c) 162.21(3)(b) 19-323 19-95(b) 162.22 340, 10-57 19-95(c) Ch. 163 9-3911 10-52 19429 20-26 17-555.360 Ch. 19, Art. IV, Ch. 163, Pt. II 9-386.1 Div. 2 9-500 62-340 19-315 20-28(a) 163.3161 et seq. 9-386.1 F.S. Section 163.3164 2-30 Section this Code 163.3171 et seq. Ch. 15 20.30 20-232(a)(64) 16343180 9-546, 9-547 MAR 11-1 9-550, 9-551 Ch. 50 2-61 163.31801 9-386.1 50.041 2-61 163.3181(3) 20-102(f) 50.051 2-61 Ch. 163.3202 9-391 60.05 13-74 163.3220-163.4243 20-321 20-336 Ch. 97, Ch. 98 2-89 Ch. 166 Ch. 2 99.093 2-88 9-386A 100.201 et seq. 2-94 20-26 100.361 2-26(b) 20-28(a) Ch. 101 2-93 166.021 10-87 101.62-101.70 2-92 18-153 1014657 2-96 166.032 2-89 112.3143 2-30 166.033 02-30 Ch. 140 18-26 166.041 1-11 Ch. 102 2-85 10-52 2-93 20-102(f) 119.07 18-29 18-153 Ch. 162 Ch. 2, Art, III, Div, 20-104 2 166.0415 19-255 2-561 6-32 166.201 et seq. Ch. 2, Art, VI 19-174 Ch. 18 Ch.162, Pt. I 2-56, 2-62 166.221 Ch. 10 162.04 13-39 166.231 18-29218-30 162.05 2-57 166.231 et seq. Ch. 18, Art, II 162.05(3) 2-58 166.0425 Ch. 16, Art. III 162.06(2), 162.06(3) 2-59 166.3161 20-104 162.07 2-60 170.01 et seq. Ch. 17 3-3 Ch. 171 Ch. 2, Art, V 162.21 19-255 Ch. 177 Cho Supp. No. 25 2145 P.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 Ch. 212 Ch. 218 286.0114 286.0115 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 9-2, 9-9 Ch. 17 18-121 18-151 18-151 Ch. 2, Art. VI 18-28 18-26 18-31 18-26 Ch. 10 Ch. 10, Art. II 10-30 10-32 10-29 17-103 18-27 Ch. 2, Art. VI 2-28 2-30 2-30 ].2-65 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 20-467, 20-483 20-504 Ch. 16, Art. II 13-62 6-87 13-44 12-86 12-100 12-2 12-87 12-2 12-100 12-2 12-100 12-100 12-100 18-31 r.S. Section 376.031 Ch. 380.06 381.986 403.413(4) 403.415 403.9337 403.9338 413.08 458.3265 459.0137 479.155 Ch. 480 482.1562(9) 489.105 489.127 489.132 500.80 533.73 538.01 et seq. Ch. 553 553.06 553.19 553.73 553.955 et seq. Chs. 561-565 561.01 561.01 et seq. 561.14 561.20(7)(a) 562.45(2) 570.02 585.001 585.01 Ch. 633 633.521 Ch. 650 650.02 705.101 et seq. 775.082, 775.083 784.011 784.021 784.03 784.045 Section this Code 17-103 9-403 20-1 12-100 13-36 Ch. 16, Art. II 19-323 19-312 17-107 13-72, 20-259 20-421, 20-452 13-72, 20-259 20-421, 20-452 Ch. 16, Art. III 10-55 19-312 6-32 6-270, 6-272, 6-274, 6-275, 6-279 6-270, 6-272 20-9 6-31, 6-32 Ch. 10, Art. VI Ch. 6 Ch. 6, Art. III Ch. 6, Art. V Ch. 6, Art. IV Ch. 6, Art. V 6-81 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 17-124,13-74 Supp. No. 25 2146 STATE LAW REFERENCE TABLE F.S. Section Section this Code 790.001 17-105 790.33 17-105 791.01 17405 Ch. 794 10-55, 10-73 Ch. 796 10-52, 10-55, 10-73 796.07 13-72, 13-74 12-100 Ch. 800 10-551 10-73 800.03 12400 806.101 7-3 806.13 12400 810.02 1344 810.09 17-109 812.131 13-74 812.014 13-74 812.019 13-74 817,32, 817.33 Ch. 10, Art. IV 823,041 17407 823.14 19-320 Ch. 826 10-55, 10-73 Ch. 827 10-73 Ch. 828 Ch. 4 843.01 17424 Ch. 847 10-55, 10-73 847.13 10-55 847.0133 10-55 Ch. 849 10-115, 17-108 849.04 Ch, 10, Art. IV 849.07 Ch. 10, Art, IV 849.16 10-115 849.231 17-108 8566015 17-108 865.09 10-68 865.09 10-61 874.03 134211344 Ch. 893 1043 893.02 12400 893.03 17424 893.13 13-74 893.138 1342, 1344 Ch. 893 13-72 893.138 13-70 Ch. 895 10-73 9430085-943,255 2-68 943.25(13) 11-2(a), 11-2(b) Supp. No. 25 2147 WINTER SPRINGS CODI; [THIS PAGE INTENTIONALLY LEFT BLANK] [The next page is 2197] Supp. No. 25 2148 CODE INDEX Section Section WATER AND SEWERS. See also: UTILI- YARDS AND OPEN SPACES (Cont'd.) TIES Zoning regulations generally ............ 20-1 et seq. Concurrency administration and evalua- See: ZONING tion procedure Level of service standards (LOS) ...... 9-510 et seq. YEAR See: LAND DEVELOPMENT Definitions and rules of construction..... 1-2 Declaration of a state of emergency; water use restrictions,.* 4 &1 *1 *a 64*4 got 60 0 2-255 Z Reclaimed water system ................ 19436 et seq. See: UTILITIES ZONING Water shortage conditions and shortages. 19-200 et seq. Administrative appeals ................. 20-35 See: UTILITIES Land use decisions (procedures)....... 20-35 Adult entertainment establishments WATER CONSERVATION AND Generally.....,,... .. 04 644h 64 64 64 sea 0 10-100 LANDSCAPE IRRIGATION Basis for regulations and requirements Definitions ............................. 19-252 herein set forth.................... 20-2 Enforcement ........................... 19-255 Buffers Exceptions ............................. 19-254 Residential wall buffers required...... 20-417 Landscape irrigation schedules, vari- Building area regulations ances, and restrictions ............. 19-253 R4 One -Family Dwelling District ..... 20485 Purpose; applicability ................... 19-251 R-1AA and R-lA One -Family Dwelling WATERWAYS AND WATERCOURSES Districts ........................ 20-165 Boats. See that subject R-lAAA Single -Family Dwelling Discharges into natural waters, municipal Districts ........................ 20-125 storm sewer system. . 19-170 11-3 Multiple -Family Dwelling Districts 20-210 Flood damage prevention. 84 et seq. R-CI Single -Family Dwelling Districts. 20-145 See: FLOOD DAMAGE PREVENTION R-U Rural Urban Dwelling Districts .. 20-270 T-1 Trailer Home Districts............ 20-295 Prohibitions. 13-2 Building height regulations WEAPONS. See: FIREARMS AND C-1 Neighborhood Commercial Districts 20-235 WEAPONS C-2 General Commercial and Industrial Districts ........................ 20-253 WEATHER C-3 Highway 17-92 Commercial District 20-346.2 Weather emergencies. 2-261 1-1 Light Industrial District .......... 20-260 WEEDS R4 One -Family Dwelling District ..... 20484 Accumulation or untended growth of..... 13-2(c) R4AA and R4A One -Family Dwelling Districts ........................ 20-164 WILDLIFE R-1AAA Single -Family Dwelling City parks and recreational areas Districts ........................ 20-124 Hunting/wildlife preservation and R-3 Multiple -Family Dwelling Districts 20-209 conservation, ................... 17406 R-CI Single -Family Dwelling Districts. 20-144 WINE. See: ALCOHOLIC BEVERAGES R-U Rural Urban Dwelling Districts .. 20-269 C4 Neighborhood Commercial Districts WINTER SPRINGS. See: CITY Building height regulations........... 20-235 WRITS, WARRANTS AND OTHER Bulk regulations ..................... 20-237 PROCESSES Conditional uses. * 0 * q * 4 . 0 q q * 20-234 Subpoenas Generally ............................ 20-231 Code enforcement board powers....... 2-59 Off-street parking regulations ........ 20-238 Overlay district regulations........... 20-236 WRITTEN, IN WRITING Uses permitted ...................... 20-232 Definitions and rules of construction..... 1-2 C-2 General Commercial and Industrial Districts Y Building height regulations........... 20-253 YARD SALES Bulk regulations ..................... 20-255 At-home sales .......................... 10-137 Conditional uses..................... 20-254 Generally ............................ 20-251 YARDS AND OPEN SPACES Outdoor storage and warehousing Land development; public sites and open requirements spaces ............................ 9403 Supplemental requirements ........ 20-256 Swimming pools, yard requirements re .. 6-219 Uses permitted. 20-252 Supp. No. 25 3135 WINTER SPRINGS CODE Section Section ZONING (Cont'd.) ZONING (Cont'd.) C-3 Highway 17-92 Commercial District Restrictions upon lands, buildings and Building height regulations........... 20-346.2 structures ...................... 20-103 Bulk regulations ..................... 20-346A R-T Mobile Home Park Districts . . . . . . 20-311 et seq. Conditional uses ..................... 20-346.3 R-U Rural Urban Dwelling Districts .. 20-266 et seq. Generally ............................ 20-346 T-1 Trailer Home Districts............ 20-291 et seq. Uses permitted ...................... 20-346.1 Town Center District Code............ 20-320 et seq. CC Commerce Center District Division of city ......................... 20-101 Bulk regulations ..................... 20-345.4 Flood damage prevention ............... 8-1 et seq. Conditional uses . . . . . . 61 . . . 11 11 11 11 11 20-345.3 See: FLOOD DAMAGE PREVENTION Generally., .1 6 11 1 It I V I V I V 4 t 4 t 4 4 0 1 0 0 0 20-345 Front yard regulations. See herein: Yards Uses permitted .....................1 20-345.1 and Open Spaces Certain ordinances not affected by Code . 1-7(15) GreeneWay Interchange Zoning District Changes and amendments .............. 20-104 Building height ...................... 20-331 Code enforcement ...................... 2-56 et seq. Comprehensive plan and code compli- See: CODE ENFORCEMENT ance required .................. 1 20-340 Commercial vehicles defined ............ 20-432 Development agreement; icon monu- Comprehensive plan .................... 15-26 et seq. See: PLANNING AND DEVELOPMENT ment sign . fiscal .... impact re uire- 20-336 Conditional uses Economic and fiscal impact require - Conditional .......................... 20-339 C-1 Neighborhood Commercial Districts 20-234 C-2 General Commercial and Industrial r�n�,•al „sus and ;nt�ns;t;Ps .... , .. �n_�2q Interconnectivity of multiple parcels .. 20-335 Districts, 20-254 Master development plan............. 20-337 C-3 Highway 17-92 Commercial District 20-346.3 Optional preliminary review .......... 20-338 CC Commerce Center District ...oval . 20- Parking and driveway requirements... 20-333 Expiration of conditional use approvals 20-36 0-36 1-1 "Light Industrial District .......... 2U-261 Permitted uses, conditional uses, Land use decisions (procedures)......: 20-33 incidental uses within buildings . 20-330 R-1 One -Family Dwelling District ..... 20-183 Purpose ............................. 20-328 R-1AA and R-LA One -Family Dwelling Setbacks ............................. 20-332 Districts, 1 0 0 6 1 6 1 1 11 16 11 1 14 V 1 0 4 0 4 20-163 Utility lines, pipes, conduit and R-1AAA Single -Family Dwelling infrastructure. . I I I I I I I I I 1 0 9 0 4 0 4 0 20-334 Districts, I 1 0 0 0 0 0 a 0 1 0 1 *1 0 a 60*1*4& istricts........................ 20-123 Home occupations or home offices R-3 Multiple -Family Dwelling Districts 20-208 Regulation of ........................ 20-452 R-CI Single -Family Dwelling Districts. 20-143 I-1 Light Industrial District R-U Rural Urban Dwelling Districts .. 20-268 Building height regulations........... 20-260 Construction Bulk regulations ..................... 20-262 R-T Mobile Home Park Districts, applica- Conditional uses ..................... 20-261 tion for construction, . 20-317 Enclosed buildings; outside storage.... 20-263 Definitions ............................. 20-1 Generally............................ 20-258 Districts Uses permitted ...................... 20-259 C-1 Neighborhood Commercial Districts 20-231 et seq. Interpretation, purpose and conflict ..... 20-5 C-2 General Commercial and Industrial Land development ...................... 9-1 et seq. Districts ........................ 20-251 et seq. See: LAND DEVELOPMENT C-3 Highway 17-92 Commercial District 20-346.3 Land use decisions (procedures) CC Commerce Center District ........ 20-345 et seq. Administrative appeals. 20-35 Changes and amendments............ 20-104 Applications ......................... 20-29 Division of city. 1 6 1 1 1 0 4 1 0 4 20-101 City commission; authority ........... 20-27 GreeneWay Interchange Zoning District 20-328 et seq. Conditional uses ..................... 20-33 I-1 Light Industrial District .......... 20-258 et seq. Due process; special notice require - Official zoning map, working maps and ments . . . . . . . . . . . . . . . . . . . . . . . . . . 20-28 procedures ..................... I 20-102 Expiration of conditional use, variance, Planned unit development............ 20-351 et seq. waiver approvals, 20-36 R-1 One -Family Dwelling District ..... 20-181 et seq. Intent; purpose ...................... 20-26 R-lAA and R-lA One -Family Dwelling Limited administrative waivers ....... 20-37 Districts ........................ 20-161 et seq. Rezonings ........................... 20-31 R-1AAA Single -Family Dwelling Staff review ......................... 20-30 Districts ........................ 20-121 et seq. Variances............................ 20-32 R-3 Multiple -Family Dwelling Districts 20-206 et seq. Waivers ............................. 20-34 R-CI Single -Family Dwelling Districts. 20-141 et seq. Limitations on residential densities...... 20-419 Supp. No. 95 3136 CODE INDEX Section ZONING (Cont'd.) Lot coverage R-1 One -Family Dwelling District ..... 20-187 R-lAA and R-lA One -Family Dwelling Districts ........................ 20467 R-1AAA Single -Family Dwelling Districts ........................ 20-127 R-3 Multiple -Family Dwelling Districts 20-212 R-CI Single -Family Dwelling Districts. 20-147 R-U Rural Urban Dwelling Districts .. 20-272 Medical marijuana dispensaries prohibited 20-425 Motor vehicles Authorized commercial vehicles Limited -term parking permits ...... 20-436 Residential areas, in ............... 20-434 Residentially zoned districts, in .... 20-435 Commercial vehicles defined .......... 20-432 Exempted vehicles ................... 20437 Parking areas on residential lots; design requirements ................... 20439 Parking vehicles in residential front yards and on sidewalks prohibited 20438 Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts...... 20-431 Storage, repair, etc., of disabled motor vehicles; approved............... 20-433 Official zoning map, working maps and procedures ........................ 20-102 Off-street parking regulations C4 Neighborhood Commercial Districts 20-238 R-1 One -Family Dwelling District..... 20-189 R-1AA and R-lA One -Family Dwelling Districts. 0 0 a 0 4 1 1 1 0 0 4 0 1 a I I 1 4 IV 0 a 1 20-169 R-lAAA Single -Family Dwelling Districts ........................ 20-128 R-3 Multiple -Family Dwelling Districts 20-213 R-CI Single -Family Dwelling Districts. 20-148 R-U Rural Urban Dwelling Districts .. 20-273 Outdoor storage and warehousing require- ments Supplemental requirements in C-2 General Commercial and Industrial Districts ........................ 20-256 Parking, storage or maintenance of vehicles. See herein: Motor Vehicles Permits T-1 Trailer Home Districts,........... 20-293 Planned unit developments Additional requirements. 20-358 Amendment to existing PUD.......... 20-357 Appeals ............................. 20-355 Control of development following recordation of development agree- ment ........................... 20-356 Development agreement and master plan, I 1 0 0 0 6 a I I 1 0 1 0 a 6 1 1 0 9 0 0 0 4 1 1 1 9 20-352 Intent and purpose of district......... 20-351 Procedures for approval of planned unit development zoning classification 20-354 Supp. No. 25 Section ZONING (Cont'd.) Standards for planned unit develop- ments .......................... 20-353 Planning and zoning board Assistants ........................... 20-58 Compensation; allowances for expenses incurred in performance of duties 20-55 Composition, appointment of members 20-52 Created............................. 20-51 Duties; general ...................... 20-57 Meetings; quorum; records to be kept.. 20-56 Term; filling vacancies; removal of members ....................... 20-53 [The next page is 3139] 3137