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Home My WebLink AboutSupplement No.24CURRENT OFFICIALS CITY OF WINTER SPRINGS, FLORIDA Charles Lacey Mayor Jean Hovey Kevin Cannon Pam Carroll Cade Resnick Geoff Kendrick City Commission Kevin L. Smith City Manager Anthony A. Garganese City Attorney Andrea Lorenzo-Luaces, MMC City Clerk Supp. No. 24 lil TABLE OF CONTENTS Page Current Officials of the City ................................. Preface..................................................... v Adopting Ordinance ......................................... vii Checklist of Up -to -Date Pages ............................... Ill Supplement History Table ................................... SH:I CHARTER Charter.................................................... 1 Art. I. Corporate Name. two 0 o**60 0 0 4 0 a 9 0 9 a 4 a a 0 a 0 3 Art. II. Territorial Boundaries ...................... 3 Art. III. Powers of the City ......................... 3 Art. IV. Governing Body ............................ 3 Art. V. City Manager ............................... 8 Art. VI. Administrative Departments. a 0 a a 0 a 0 a 4 0 0 0 0 a 0 9 Art. VII. Financial Procedure ....................... 9 Art. VIII. Nominations and Elections. 9 a 0 a 4 0 a 9 9 0 4 a 0 9 4 11 Art. IX. Initiative and Referendum .................. 12 Art. X. Amendments ............................... 14 Art. XI. Severability. ........................:....... 14 Art. XII. Powers ................................... 14 Art. XIII. Transitional Provisions .................. 0 14 Charter Comparative Table.................................0 67 PART II CODE OF ORDINANCES Chapter 1. General Provisions ...................................... 77 2. Administration. a 9 a 4 a a a 0 a a 0 a a a 1 0 9 a 0** 0 @1 *4 0 9 133 Art, I. In General .............. .................... 137 Art. II. City Commission ........................... 138 Art, III. Boards, Committees, Commissions .......... 140.14 Div. 1. Generally ............................... 140.14 Div. 2. Code Enforcement ....................... 143 Subdiv. A. Code Enforcement ............... 143 Subdiv. B. Citations ........................ 144.6 Div. 3. Reserved................. 0 9 a 0 & 9 6 a 0 0 V a a 0 a 146.1 Div. 4. Urban Beautification .................... 146.1 Art. IV. Elections..................................0 146.2 Art. V. Annexations and Rezoning, a 0 0 at 0 0 a 9 0 a 0 at to at 148 Supp. No. 24 ix WINTER SPRINGS CODI; Chapter Page Art, VI. Finance ................................... 148 Div. 1. Generally ............................... 148 Div. 2. Purchasing .............................. 148 Div. 3. City -Owned Personal Property ........... 148.1 Art. VII. Emergency Management ................... 149 Div. 1. Generally ............................... 149 Div. 2. Conditions of Emergency. . 0 0 9 9 152 Art. VIII. Jobs Growth Incentive Grant Program ..... 153 3. Alcoholic Beverages ..................................... 203 4. Animals ................................................ 257 5. Tree Protection and Preservation. . 0 so 00*4 00 9 a 0 309 App. A. Undesirable Trees .......................... 327 App. Be Desirable Trees ............................ 329 App. C. Caculating Tree Protection Zone. . 0 * 334 App. D. Tree Protection Area Signage ............... 353 6. Buildings and Building Regulations ...................... 367 Art. 1. In General.................................0 367 Art, II. Administration ............................. 367 Div. 1. Generally ............................... 367 Div. 2. Reserved. . 0 6 # 0 0 0 9 *6*010* 6 & 0 9 0 0 0 4 0 0 0 9 0 384 Art. III. Building Construction Standards ........... 384 Art. IV. Electrical, Plumbing, Mechanical and Gas ... 389 Art. V. Fences, Walls Hedges ........................ 390 Art. VI. Swimming Pools ........................... 381 Art. VII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit. . 0 0 0 % 0 * 0 0 * 0 0 9 t 6 0 * 393 Art. VIII. International Property Maintenance Code 396 7. Fire Prevention and Protection ........................... 433 Art. I. Fire and Emergency Medical Services......... 435 Art. II. In General ...............................$* 435 Art. III. Local Amendment to the Florida Fire Preven- tion Code .................................. 436 Art. IV. Fire Hydrants. 0 437 8. Flood Damage Prevention ................................ 493 Art. I. In General .................................. 495 Art. II. Administration ............................. 501 Art. III. Standards ................................. 504 9. Land Development ...................................... 555 Art. 1. In General .................................. 561 Art. II. Procedure for Securing Approval of Plans and Plats........ 0 0 0 * 0 0 4 0 0 96004906* 0 0 0 Moog V 0 0 0 0 564.2 Div. 1. Generally ............................... 564.2 Div. 2. Preliminary Plan.. @mop* *moo 06 0 * 0 9 0 e a 0 0 0 0 564.2 Div. 3. Final Development Plan, Final Plat ...... 566 Art. III. Design Standards .........................9 569 Div. 1. Generally ............................... 569 Supp. No. 24 x Chapter Art. Art. Art. Art. Art. Art. TABLE OF CONTENTS—Cont'd. D D Div. 2. Lots and Blocks ......................... Div. 3. Streets and Alleys. V. Required Improvements ................... . Div. 1. Generally.. to ow *go* & a 6 a o 0 0 6 a 0 o 0 6 6 b 0 0 e 0 a Div. 2. Streets and Bridges ..................... Div. 3. Sidewalks, Driveways, Curbs and Gutters. Div. 4. Drainage ................................ Div. 5. Utilities ................................ Div 6. Off -Street Parking and Loading ......... . Div. 7. Dumpsters .............................. V. Design Standards ........................... VI. Site Plan Review ........................... iv. 1. Generally ............................... Div. 2. Site Plan Review Board, . VII. Uniform Building Numbering System ..... . VIII. Impact Fees .............................. iv. 1. Generally ............................... Div. 2. Transportation Facilities ................ . Div. 3. Police, Fire, and Parks and Recreation ... . Div. 4. Reserved ................................ X. Vested Rights. X. Di Div. Div. Div. v. Art. XI. A�•t. XII .... ......................... Concurrency Administration and Evaluation Procedure .................................. 1. Overview and Exemptions ............. 9 . 2. Levels of Service Standards (LOS)...... 0 . 3. Concurrency Administration ............ . 4. Appeal Procedures. *01 9 *0*6 to 9 to 0*2 too 0 we 5. Transportation Facility Proportionate Fair. Share Mitigation Program .............. . Nonconformities ........................... . Minimum Community Appearance and Aesthetic Review Standards. . 10. Licenses and Business Regulations. W 0 4 0 a 9 0 . Art. I. In General .................................. Art. Il. Local Business Tax Receipts ................ . Art. III. Sexually Oriented Businesses and Adult Entertainment Establishments ............ . Art. IV. Amusements .............................. . Art. V. Peddlers and Solicitors and Miscellaneous Sales Art. VI. Secondhand Precious Metals ............... . Art. VII. Pain Management Clinics ................. . 11. Miscellaneous Offenses ................................. 12. Motor Vehicles and Traffic .............................. Art. I. In General .................................. Art. II. Administration ............................ . Art. IIl. Regulations ................................ Div. 1. Generally ............................... Supp. No. 24 Xl Page 571 572 576 576 579 582 582.1 584.1 585 591 592 604 604 604 605 607 607 608 625 631 632 638 638 641 643 644 644.1 644.E 693 695 695 696 735 735 737 738 761 815 817 818 820 820 WINTER SPRINGS CODE Chapter are Div. 2. Stopping, Standing, Parking ............. 822 Div. 3. Operation of Golf Carts .................. 824 Art. IV. Red Light Code Enforcement Infraction...... 826.1 Art. V. Impoundment of Motor Vehicles .............. 829 13. Nuisances ............................................. 873 Art. I. In General .................................. 875 Art. II. Noise ...................................... 879 Div. 1. Generally ............................... 879 Div. 2. Powers and Duties of Noise Control Officer 881 Div. 3. Prohibited Acts. . * M 0 6 * 0 9 * 0 0 9 0 0 0 0 * a 0 0 0 0 0 0 882 Div. 4. Exceptions and Variances ................ 883 Div. 5. Sound Levels by Receiving Land Use ..... 885 Div. 6. Measurement Procedures ................ 885 Div. 7. Enforcement ............................ 886 Art. III. Fire and Security Alarms ................... 887 Art. TV Miscellanarnus Nuisances .................... 889 Art. V. Public Nuisance Abatement Board .......... 4 890 14. Personnel. . 0 9 0 0 9 0 * * 0 * 5 0 0 6 0 0 4 0 0 * 4 * 9 0 0 0 0 0 0 * 0 0 0 931 Art. I. In General .................................. 933 zLo II. Old Age and Su; ;vivor^ Tnmiranc^ ............ 9q3 Art. III. Pension Plan .............................. 934 15. Planning .............................................. 985 Art. I. In General .................................. 987 Art. II. Comprehensive Plan ........................ 987 Art. III. Comprehensive Plan Amendments .......... 987 16. Signs and Advertising .................................. 1041 Art. I. In General .................................. 1043 Art. II. Distribution of Handbills and Periodicals..... 1043 Art. III. Signs ...................................... 1045 Div. 1. Generally ............................... 1045 Div. 2. Standards. 0405V9600% 690* 1052 17. Streets, Sidewalks and Other Public Places .............. 1101 Art. I. In General .................................. 1103 Art, II. Streets ..................................... 1103 Art. III. Sidewalks ................................. 1105 Art. IV Excavations ................................ 1105 Art. V. City Parks and Recreational Areas ........... 1106 18. Taxation. . w 9 t * * M 0 0 * a 0 s 0 * 0 **a95608*96*6 S*Omee 0 1157 Art. I. In General .................................. 1159 Art. II. Municipal Public Service Tax ................ 1159 Art. III. Local Improvements Assessments ........... 1162 Div. 1. Generally ............................... 1162 Div. 2. Assessed Areas and Advisory Committees. 1164 Div. 3. Local Improvement Assessments ......... 1166 Div. 4. Related Service Assessments ............. 1169 Div. 5. Collection of Assessments ................ 1173 Supp. No. 24 x9 i TABLE OF CONTENTS-Cont'd, Chapter Page Div. 6. Issuance of Obligations .................. 1175 Div. 7. General Provisions ...................... 1176 Div. 8. Specific Special Assessment Disticts and Areas................................... 1176 Art. IV. Fire Rescue Assessment .................... 1177 Div. 1. Introduction ............................ 1177 Div. 2. Annual Fire Rescue Assessments, ........ 1180 Div. 3. Collection and Use of Fire Rescue Assess- ments.................................. 1186 Div. 4. General Provisions ...................... 1189 19. Utilities ............................................... 1227 Art. I. Solid Waste ................................. 1230.1 Art. H. Wastewater System ........................ 4 1230.2 Div. 1. Generally ............................... 1230.2 Div. 2. Administration .......................... 1232.1 Div. 3. Use Regulations ........................9 1235 Div. 4. Rates, Fees and Charges ................. 1238 Div. 5. Sewerage Revenue Generation System.... 1252 Art. III. Reclaimed Water System ................... 1252.1 Art. IV. Potable Water Supply ....................... 1254 Div. 1. Generally ............................... 1254 Div. 2. Cross -Connection Control, Backflow Preven- tion..................................... 1254 Art. V. Stormwater Management Utility ............ 0 1255 Art. VI. Water Shortage Conditions and Shortages ... 1260.7 Art. VII. Water Conservation and Landsacape Irriga- tion.....................................0 1263 Art. VIII. Utility Protection and Enforcement ........ 1266 Art. IX. Proper Use of Fertilizers, . 0 0 4 0 & 0 9 0 0 0 0 0 a 4 1267 20. Zoning, . , 9 4 0 t * 0 9 0 0 0 a 0 6 0 a a 9 0 0 0 9 a 0 a 0 & 4 * 1 0 9 9 0 0 a 0 0 0 4 1305 Art. I. In General .................................. 1311 Art. II. Administration ............................. 1316 Div. 1. Procedure; Land Use Decisions.. . 0 6 9 a * 0 4 4 1316 Div. 2. Planning and Zoning Board ............. 1 1322.1 Div. 3. Reserved. . 0 a * 0 * . 0 * 0 0 * 0 6 t * 9 0 9 * *9 0 a 0 **a 0 1323 Art. III. Establishment of Districts .................. 1323 Div. 1. Generally ............................... 1323 Div. 2. R-1AAA Single -Family Dwelling Districts. 1325 Div. 3. R-CI Single -Family Dwelling District.. . a * 1326 Div. 4. R-IAA and R-lA One -Family Dwelling Districts...............................e 1327 Div. 5. R-1 One -Family Dwelling Districts ....... 1329 Div. 6. R-3 Multiple -Family Dwelling Districts ... 1330 Div. 7. C-I Neighborhood Commercial Districts .. 1331 Div. 8. C-2 General Commercial District ......... 1332.2 Div. 8.5. I-1 Light Industrial District ........... a 1336 Div. 9. R-U Rural Urban Dwelling Districts ...... 1336.4 Div. 10. T-I Trailer Home Districts ............. 0 1336.5 Supp. No. 24 Xlll Chapter WINTER SPRINGS CODE Div. 11. R-T Mobile Home Park Districts ...... 0 . Div. 12. Town Center District Code.... 0 0 0 * 0 * a 0 0 . Div. 13. Greeneway Interchange Zoning District. . Div. 14. CC Commerce Center Zoning District .. . Div. 15. C-3 Highway 19-92 Commercial District. Art. IV. Planned Unit Developments ............... . Art. V. Supplemental District Regulations .......... . Div. 1. Generally ............................... Div. 2. Motor Vehicles .......................... Div. 3. Siting and Regulation of Telecommunications Towers, ............ . Div. 4. Regulation of Home Occupations or Home Offices .................................. Art. VI. S.R. 434 Corridor Vision Plan. . 9 * 0 0 * 0 0 9 0 4 q 0 . Div. 1. S.R. 434 Corridor Overlay District....... . Div. 2. General Design Standards for New Develop- ment Area .............................. Div. 3. Reserved ................................ Div. 4. Reserved ................................ Code Comparative Table-1974 Code ........................ . Code Comparative Table —Ordinances ....................... . State Law Reference Table .................................. Charter Index .............................................. CodeIndex ................................................. Page 1337 1341 1344 1346.4 1348 1350 1355 1355 1359 1370.3 1380 1382 1382 l 8z 1386 1386 2091 2093 2145 2197 3101 Supp. No. 24 xlV Checklist of Up4o-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 up4o-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 upAo-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page 22 7% 80 OC 24 81, 82 OC v, vi OC 83 4 vii, viii OC 1335 134 23 ix, x 24 1355 136 23 xi, xii 24 137, 138 17 xiii, xiv 24 13% 140 23 SH:1, SH:2 24 140.15 140.2 23 15 2 16 140.3, 140.4 23 354 16 140.5, 140.6 23 516 16 140.75 140.8 23 75 8 16 140.95 140.10 23 9510 16 140.11, 140.12 23 11, 12 16 140.13, 140.14 23 13, 14 16 140.15, 140.16 23 155 16 12 141, 142 24 175 18 12 143, 144 22 19520 12 144.1, 144.2 22 21 22 144.3, 144.4 22 67 16 144.5, 144.E 22 77, 78 4 144.75 144.8 22 [1) Stipp. No. 24 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 144.95 144.10 22 3655366 22 45,146 24 367,368 19 146.1, 146.2 24 369,370 19 146.35 146.4 24 371,372 19 475148 20 373,374 19 148.1, 148.2 15 375,376 19 495150 OC 3775378 19 51,152 18 3795380 19 535154 18 3815382 19 555156 18 383,384 19 035204 4 385,386 19 055206 4 3875388 19 075208 4 3891390 21 257 OC 390.1, 390.2 21 259 OC 391, 392 19 30% 310 18 3935394 19 11,312 18 3955396 22 3135314 23 3975398 22 3155 316 23 433,434 14 3175 318 23 4355436 22 3195320 23 437,438 22 3215322 23 4395440 OC 323,324 18 4415442 OC 3255326 22 4939494 3 3275328 5 4955496 12 3291330 5 497,498 12 3311332 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 5055506 1 3415342 5 507 1 3435344 5 555,556 9 345,346 5 557,558 22 347,348 5 559, 560 18 3495350 5 561,562 16 3515352 5 563, 564 22 353 5 564.15 564.2 16 [2] Supp. No. 24 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No, Supp. No. 564.35 564.4 16 635, 636 OC 5655566 OC 637,638 2 567,568 OC 639,640 10 56% 570 OC 6415642 10 5715572 OC 643,644 10 5735574 17 644.1, 644.2 10 575,576 OC 644.3, 644.4 10 5775578 OC 644.5, 644.6 10 5795580 OC 645,646 it 581,582 6 647,648 5 582.15 582.2 6 64% 650 15 5835584 1 6515652 10 584.1, 584.2 3 6935694 19 585, 586 OC 695,696 10 5875588 OC 696.15 696.2 10 58% 590 16 6975698 5 5915592 16 6995700 5 592.1, 592.2 3 7015702 5 5935594 OC 7035704 5 595,596 OC 705,706 10 5975598 OC 7075708 5 59% 600 OC 7095710 10 6015602 OC 711,712 5 6035604 OC 7135714 5 605,606 2 715,716 10 6075608 23 7175718 5 6095610 23 71 % 720 5 611,612 23 7215722 5 6135614 23 723,724 5 6155616 23 725,726 10 6175618 23 727,728 5 619,620 23 7295730 5 621,622 23 7315732 10 6235624 15 7335734 10 6255626 24 735,736 10 6275628 24 737,738 19 62% 630 24 7615762 17 631, 632 18 763,764 17 [3] Supp. No. 24 WINTER SPRINGS CODE Page No. upp. No. Page No. Supp. No. 815, 816 23 1056.35 1056.4 21 817, 818 OC 1057, 1058 19 8193 820 7 1059 19 8215 822 23 11015 1102 18 235824 22 11035 1104 18 253826 22 11055 1106 18 826.1, 826.2 21 1107, 1108 18 827, 828 16 11095 1110 18 295830 23 11115 1112 22 831, 832 23 1113, 1114 22 833, 834 23 1157, 1158 12 8735 874 19 1158.15 1158.2 12 75,876 6 1159, 1160 2 77,878 22 1161, 1162 2 87% 880 22 1162.1) 1162.2 3 880.15 880.2 22 1163, 1164 OC 8811882 19 1165, 1166 17 883,884 19 1167, 1168 OC 8855886 22 1169, 1170 OC 8875888 22 1171, 1172 OC 888.1, 888.2 22 1173, 1174 OC 88% 890 19 1175, 1176 4 8915892 19 11775 1178 12 8935894 19 11795 1180 12 9315932 3 1181, 1182 12 933,934 24 11835 1184 12 985,986 19 11855 1186 12 987,988 19 11875 1188 12 989 19 1189 12 1041, 1042 19 1227, 1228 20 1043, 1044 OC 12295 1230 24 1045, 1046 19 1230.1, 1230.2 20 1047, 1048 19 1231, 1232 22 104% 1050 19 1232.1, 1232.2 22 1051, 1052 20 1233, 1234 OC 1053, 1054 20 1235, 1236 OC 10551 1056 21 1237, 1238 OC 1056.15 1056.2 21 1239, 1240 OC [4] Supp. No. 24 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1241, 1242 18 1332.1, 1332.2 24 1243, 1244 18 1333, 1334 24 1245, 1246 18 1335, 1336 24 1246.1, 1246.2 18 1336.13 1336.2 24 1247, 1248 15 1336.3, 1336.4 20 1249, 1250 15 1336.5, 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 1342815 1342.2 18 1257, 1258 16 1342.3, 1342.4 18 1259, 1260 16 134245, 1342.6 18 1260.1, 1260.2 6 134297, 1342.8 18 1260.3, 1260.4 6 1342.9, 1342010 18 1260.5, 1260.6 22 1342211, 1342012 18 12%7, 1260.8 22 13420135 1342014 18 12615 1262 3 1342.15, 1342016 22 12635 1264 16 13420173 1342.18 22 12655 1266 16 1342.195 1342,20 18 1267, 1268 24 1342.215 1342022 18 1269, 1270 24 1342.23, 1342424 18 12715 1272 24 1342.255 1342.26 18 1305, 1306 22 1342.275 1342028 18 13075 1308 22 1342.293 1342930 18 130% 1310 22 1342.31, 1342.32 18 1311, 1312 22 1342.335 1342934 18 1313, 1314 22 1342.35, 1342036 18 13153 1316 22 1342.36.15 1342.36.2 18 1316011 1316.2 22 1342936.35 1342.3604 18 1317, 1318 16 1342.36.55 1342.36.6 18 131% 1320 16 1342.36.7, 1342.36.8 18 1321, 1322 22 1342.36.9, 1342.36.10 18 1322.1, 1322.2 22 13420364115 1342036,12 18 1323, 1324 16 1342.36.135 1342036014 18 1325, 1326 20 1342.36.15, 1342.36.16 18 1327, 1328 20 1342.36.17, 1342.36.18 18 132% 1330 20 1342.36.19, 1342.36.20 18 13315 1332 20 1342.36.21, 1342.36.22 18 [5] Supp. No. 24 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 1342.36.23, 1342636424 18 137% 1380 18 13420360251 1342636026 18 13815 1382 22 1342.360275 1342036.28 18 1382015 1382.2 22 1342.36.2% 1342636030 18 1383, 1384 21 1342.36.315 1342036032 18 1385, 1386 21 134236.33, 1342.36034 18 1405, 1406 1 1342.360355 1342.3636 18 1407 1 1342,360371 1342036038 18 2091, 2092 OC 1342.364395 1342936.40 18 2093, 2094 OC 1342.36.41, 1342036042 18 2095, 2096 OC 13420360435 1342,36.44 18 2097, 2098 9 1342.36.455 1342036046 18 2099, 2100 9 1342.36.47, 1342036,48 18 2101, 2102 18 1342036.495 1342.36050 18 2103, 2104 21 1342.36.515 1342936652 18 2105, 2106 24 1342.36.535 1342436054 18 2145, 2146 24 1342.36.55, 1342036056 18 2147, 2148 24 1343, 1344 21 2197, 2198 16 1345, 1346 21 2199 16 1346915 1346.2 21 3111, 3112 19 1346.3, 1346.4 21 3113, 3114 23 1347, 1348 22, Rev. 3114.1 23 13491 1350 22 3115, 3116 22 1350.1, 1350.2 22 3117, 3118 24 1351,1352 20 3119 24 1353, 1354 20 312113122 18 1355, 1356 20 3123 19 1357, 1358 20 3125, 3126 23 13595 1360 21 3127, 3128 22 1361, 1362 21 3129, 3130 20 1363, 1364 22 3131, 3132 24 1365 22 313353134 24 1370.1, 1370.2 15 3134.1 24 1370035 1370.4 15 3135, 3136 22 1371, 1372 10 3137 22 1373, 1374 16 3139, 3140 21 1375, 1376 10 1377, 1378 10 [6] Supp. No. 24 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- Include/ Omit Supp, No. 2010-03 44240 Include 16 2010-06 8-23A0 Include 16 2010-07 8-2340 Include 16 2010-08 10-2540 Include 16 2010-09 4-26-10 Include 16 201041 4-26-10 Include 16 2010-13 6-2840 Include 16 201044 5-24-10 Include 16 2010-19 8- 9-10 Include 16 2010-21 9-13-10 Include 16 2011-02 5- 941 Include 17 2011-04 244-11 Include 17 2011-05 2-28-11 Include 17 2011-06 6-27-11 Include 17 2011-09 7-1141 Include 17 2011-10 7-2541 Include 17 2011-11 8-2241 Include 18 201143 9-2641 Include 18 2011-08 104041 Include 18 201144 10-1041 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 2-27-12 Include 18 2012-08 5-29-12 Include 19 2012-09 7-23-12 Include 19 2012-10 843-12 Include 19 201241 94042 Include 19 2012-12 9-1042 Include 19 2012-15 10- 8-12 Include 19 2012-16 11-1942 Include 19 2013-02 2-25-13 Include lg Supp. No. 24 SII:1 WINTER SPRINGS CODE Ord. No. ` Date Adopted Include/ Omit Supp. No. 2013-03 3-11-13 Include 19 2013-07 9- 9-13 Include 19 2013-08 8-1243 Include 19 2013-09 9- 943 Include 19 201341 3-1044 Include 20 2013-12 542-14 Include 20 2013-17 11-18-13 Include 20 2013-18 12- 9-13 Include 20 2014-03 3-2444 Include 20 2014-06 3-10-14 Include 20 2014-09 4-28-14 Include 20 2014-11 5-12-14 Include 20 201440 7-28-14 Include 21 2014-12 7-28-14 Include 21 "n1 A 10 7. 9P...1A Tnelli 1_P 901 201445 9-2844 Omit 21 201448 9-8-14 Omit 21 2014-21 104344 Omit 21 201.4-24 2014-32 10-27-14 1-1245 Include Include 21 21 2014-34 12- 8-14 Include 21 2015-01 2-2246 Include 22 2015-04 3-23-15 Include 22 2015-07 1-26-15 Include 22 2015-09 4-13-15 Include 22 2015-12 4-2745 Include 22 2015-15 1-2546 Include 22 2015-19 9-1445 Include 22 2015-20 10-2645 Include 22 2015-21 10-12-15 Include 22 2015-22 10-26-15 Include 22 2016-05 2-22-16 Include 22 2016-07 4-11-16 Include 22 2016-01 7-25-16 Include 23 2016-03 7-2546 Include 23 2016-09 10-1046 Include 23 2016-10 12-12-16 Include 23 2017-08 8-14-17 Include 24 2017-11 8-1447 Include 24 2017-12 7-10-17 Include 24 2017-16 9-25-17 Include 24 2017-17 9-1847 Omit 24 Supp. No. 24 SII:2 ADMINISTRATION from an official board meeting, the second alternate member shall assume all duties of an absent regular member, including the right to vote on any matter before the board at that meeting. In the absence of the first alternate board member from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at that meeting. (j) Multiple board or committee membership. No member of any appointed board or committee of the City of Winter Springs shall be allowed to serve on more than one such board or committee at a time, with the exception of appointments to ad hoc committees of temporary duration. Any board or committee member, at the time of the effective date of this subsection [Jan. 14, 20021 who is a member of more than one (1) board or committee, may continue to serve on each such board or committee until the expiration of the current term of each respective board, the member resigns from such board or committee, or is removed, in accordance with this chapter, from any such board or committee. (Ord. No. 2001-49, § 2, 10-8-01; Ord. No. 2001- 61, § 2, 1-14-02; Ord. No. 2002-28, § 2, 9-23-02; Ord. No. 2005-31, § 2, 11-28-05; Ord. No. 2010- 14, § 2, 5-2440; Ord. No. 2012-08, § 2, 5-2942) Note —Formerly numbered as § 2-42. Sec. 2-42. Time of meeting adjournment. Unless sooner adjourned by majority vote of the board or committee, the chairperson shall adjourn the board or committee meeting at 10:00 .in, However, by a two-thirds (2/3) vote of the present members of the board or committee, a board or committee meeting may be extended beyond 10:00 p.m. in time increments or to handle any specific agenda item(s). The failure of any city board or committee, or chairperson thereof, to abide by this rule shall not have any adverse effect on any final decision made by majority vote of such board or committee. (Ord. No. 2011-05, § 2, 2-2841) Editor's note —Ord. No. 2011-05, § 2, adopted Feb. 28, 2011, amended the Code by adding provisions designated as § 2-43. In order to avoid conflicts in section numbering the editor renumbered former § 2-42 as § 2-41 and added the provisions of Ord. No. 2011-05 as § 2-42. Sec. 2-43. Bicycle and pedestrian advisory committee —Creation; composi- tion; appointment of members. (a) Pursuant to Transportation Element Policy 1.5.18 of the city's comprehensive plan, the city hereby establishes a trails advisory committee which shall be known as the "Bicycle and Pedestrian Advisory Committee." (b) The committee shall have five (5) members and membership on the committee shall be in accordance with the terms of section 242 of this code except as expressly provided in this section. Effective April 27, 2015, the term of each com- mittee member assigned by seat number shall be retroactively staggered to run concurrently with the same corresponding city commissioner seat, except that the committee member term shall expire on February 1 immediately following the expiration of the term of the corresponding city commissioner seat. Thereafter, all appointments shall remain staggered and shall be made for a term of four years. The committee may addition- ally include ex officio members, who may or may not be residents of the city, who can provide technical support or expertise in any aspect of the committee's work. Such ex officio members wilI have no voting power and cannot be used for the purpose of establishing a quorum for meet- ings. Any commissioner or the mayor may appoint an ex officio member but such appointment is not effective until ratified by majority vote of the city commission. (c) Appointees to the committee shall have knowledge and experience or interest in the planning and implementation of a city intercon- nected trail and bicycle system network, as determined by application. No person shall be appointed with private or personal interests likely to conflict with the general public interest. (d) The committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. Supp. Mn 24 141 WINTER SPRINGS CODE (e) The committee shall establish rules and or bylaws to govern the manner in which its meet- ings and affairs are conducted, provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. (f) The committee shall be subject to the Florida Public Records Act and the Sunshine Law. (Ord. No. 2010-06, § 2, 8-23-10; Ord, No. 2015- 12, § 2, 4-27-15) Sec. 2-44. Purpose and duties. (a) The purpose of the committee is to promote trail, pedestrian and bicycle circulation systems and encourage increased use of non -motorized transportation in the city. The committee shall perform the following duties: (1) Serve as an advocate for the adoption of e Tr it and Bicycle System Master Plan for the city. (2) Promote pedestrian and bicycle travel as a viable transportation choice to connect neighborhoods with parks, schools, com- mercial areas, and other destinations in the city and surrounding area. (3) Assist with identifying funding sources and implementation strategies which further the development of an intercon- nected network of trails, sidewalks and bikeways within the city. (4) Recommend to the city commission establishment, development, planning, funding and maintenance of specific trail, sidewalk and bicycle projects. (5) Consider all matters submitted to it by the city commission or staff and shall offer suggestions or recommendations on its own initiative. It shall receive peti- tions and suggestions from the citizens of the city, and shall cooperate with civic groups, governmental agencies, and other organizations regarding trail, sidewalk and bicycle system planning and implementation. (Ord. No. 2010-06, § 2, 8-23-10) co 2-4u, Parks and recreation advisory committee —Creation; composi- tion; appointment of members. (a) Pursuant to Recreation and Open Space Element Policy 1.1.2 of the city's comprehensive plan, the city hereby creates a Parks and Recreation Advisory Committee. (b) The committee shall have nine (9) members and membership on the committee shall be in accordance with the terms of section 242 of this Code except as expressly provided in this sec- tion. Effective April 27, 2015, the term of each committee member assigned by seat number shall be retroactively staggered to run concur- rently with the same corresponding city commis- sioner seat, except that the committee member j?m e..7 atnyNT following the expiration of the term of the cor- responding city commissioner seat. The four at -large committee members shall be retroactively staggered whereby the first two at4arge commit- tee members, currently serving on the committee on April 27, 2015 and identified by alphabetical order of their respective last names, shall have a term that expires on November 1, 2017 and the remaining two at -large committee members shall have a term that expires on November 1, 2019. Thereafter, all appointments shall remain stag- gered and shall be made for a term of four years. The membership of the committee shall, whenever possible, include the following: (1) An active member of the Winter Springs Senior Association; (2) An active member of a youth sports organization or program; (3) An individual who is active in planning or assisting with special events of the city; (4) An individual who is active in an adult sports organization or program; (5) An individual who uses or accompanies children in the use of city playgrounds; (6) An active member of a conservation group or agency, or an individual with experi- ence in the use of parks for public purposes; Supp. No. 04 142 Section Title 20-411 D. Work trailers 12-67 E. Parking between lines 12-53 F. Abandon on R.O.W. 12-65 G. Parking/standing street 20-431(1)a-1H. Prohibited vehicles 20433 I. Disabled vehicles 13-2(b) Outdoor storage 13-2(b) A. Trash 13-2(b) B. Junk and debris 13-2(b) C. Equipment strewn around yard 13-2(d) Stagnant pool 13-2(b) Tree trimmings and yard trash 13-2(c) Unsafe/unsanitary 9-374 House and building numbers 13-26 Loud party 13-33 Loud music 13-34 Animal and bird noises 10-137 No garage sale permit 16-27(b) Illegal handbills 16-25 Handbills on autos 16-27(b) Cast periodicals 13-2 Littering R.O.W. 13-2(b) Littering private property 7-26 Open burning 7-79 Obstruction of hydrants 11-5 Use of air guns/ slingshot/etc. by a minor 10-136 Soliciting ADMINISTRATION Class Section I 4-1 I I I I I I I I_y I I I I I I I I I I Supp. No. 24 145 4-2 Title Animal control viola- tions A. Barking dog B. Loose cat or dog C. Animals defecat- ing or urinating D. Over two (2) cats or two (2) dogs E. Loose animals F. All other animal violations Hazards (obstruc- tions) R.O.W. Fireworks and explosives All second offenses of class I 6-46 No building permit 10-26 No local business tax receipt 5-3 No arbor permit 7-1 Spreading fire 7-1 Failure to notify fire 493 No meter backflow All second offenses of class II Third offenses of class I 6-217 No pool enclosure 9-349(a), (b), (c) Site plan violation 6-165 Building maintenance to code Additional offenses to class I, II, and III § 2-69A Class I I I I I I I I I II II II II II II II III III III III III IV Section Title Ch. 11, City parks and other Art. V public recreation areas Ch. 19, Improper use of Art. IX fertilizers Violation Classification Ciasa i Class II Class III Class IV WINTER SPRINGS CODE Class I (except §§ 17-104, 1(-105, 17-109, 17-110, 17-114, and 17-115 shall be class III) I Civil Penalty m rn nn w "u.uv 100.00 200.00 300.00 (b) The citations issued pursuant to sections 2-69.2, 2-69.3, and 2-69.4 may be contested in county court in and for Seminole County. (Ord. No. 547, § I(§ 2-66g), 11-22-93; Ord. No. 2006-23, § 31 12-11-06; Ord. No. 2012-02, § 3, 1-23-12; Ord. No. 2017-08, § 3, 8-14-17) Sec. 2-69.5. Procedures to pay or contest citations. (a) Any person cited for a violation under sections 2-69.1, 2-69.2, 2-69.3, and 2-69.4 shall within thirty (30) days of issuance of the citation: (1) Pay the civil penalty set forth in the schedule of violations at the clerk of the circuit court's office; or (2) Contest the citation in county court through appearance at the clerk of the circuit court's office to receive a court date. (b) If the person cited pays the civil penalty as provided in subsection (a)(1) of this section, he shall be deemed to have admitted the civil infraction and to have waived his right to a hearing to contest the citation. (c) If the person cited appears at the clerk of the circuit court's office to receive a court date as provided in subsection (a)(2) of this section, he shall appear on said court date to contest the citation in county court and he shall be deemed to have waived his right to the civil penalty set forth in the schedule of violations and shall be subject for each violation to the maximum civil penalty which shall not exceed five hundred dollars ($500.00) plus any applicable court costs. (d) If the person cited fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and judgment may be entered against the person for an amount up to the maximum civil penalty not to exceed five hundred dollars ($500.00). t (e) Any person who willfully refuses o sign or accept a citation issued by a code enforcement officer or refiises to provide the information required in the citation shall be in violation of this section and shall be prosecuted as a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083 of the Florida Statutes. (Ord. No. 547, § I(§ 2-66h), 11-22-93) Sec. 2-69.6. Citation contents. The citation issued by the code enforcement officer shall be in a form prescribed by the city and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. Supp. No. 04 146 ADMINISTRATION § 2.77 (8) The applicable civil penalty if the person DIVISION 4. URBAN BEAUTIFICATIONt elects not to contest the citation. (9) The applicable civil penalty if the person elects to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Ord. No. 547, § I(§ 2-66i), 11-22-93) Sec. 2-69.7. Disposition of citations and civil penalties. (a) After issuing a citation to an alleged viola- tor, the code enforcement officer shall: (1) Deposit the original citation and one (1) copy of the citation with the clerk of the circuit court; (2) Provide the alleged violator with one (1) copy; (3) Deposit one (1) copy with city clerk; and (4) Retain one (1) copy in the code enforce- ment officer's department file. (b) All civil penalties received by the county court from violators of city codes or ordinances shall be paid into the general fund of the city in the penalty and fine account. All court costs shall be retained by the clerk of the circuit court. (Ord. No. 547, § I(§ 2-66j), 11-22-93) Sec. 2-69.8. Provisions supplemental. It is the legislative intent of this subdivision to provide an additional and supplemental means of obtaining compliance with city codes and ordinances. Nothing contained in this subdivi- sion shall prohibit the city from enforcing its codes or ordinances by any other means. (Ord. No. 547, § I(§ 2-66k), 11-22-93) DIVISION 3. RESERVED* Secs. 2-70-2-75. Reserved. *Editor's note —Ord. No. 7095 § I, adopted Dec. 14, 1998, repealed Former Div. 3, §§ 2-70-2-73, in its entirety Supp. No. 24 146.1 Sec. 2-76. Purpose and intent. The purpose of this division is to emphasize the city commission's commitment to urban beautification throughout the city. The commis- sion recognizes that various city boards and committees and city staff members play an important role in the city's beautification efforts within their respective areas of discipline and jurisdiction that have been assigned by city code, the city commission and city manager. It is the intent of this division to promote urban beautifica- tion within the city and to authorize the city manager to coordinate this effort in an efficient manner on behalf of the city. (Ord. No. 201241, § 2, 940-12) Sec. 2-77. City manager's duties; use of exist- ing city boards and committees. (a) The city manager is empowered and directed to consider and study the entire field of beautification in the city, and shall advise, counsel and consult with the city commission in connec- tion with the beautification and preservation of natural beauty of the city including the city's master beautification plan. To the extent deemed necessary and appropriate by the city manager, the city manager may assign these responsibili- ties to the city staff including city's urban beautification division within the community development department. (b) The city manager is authorized to cooper- atewith civic groups, garden clubs, governmental agencies and other organizations regarding beautification, conservation of natural beauty, anI related subjects. In addition, the city manager which pertained to the commerce and industry development board and derived from Ord. No. 424, §§ 1-4, adopted July u, lsss6 tEditor's note —Ord. No. 2012-11, § 2, adopted Sept. 10, 2012, amended former Div. 4, §§ 2-76-2-80, in its entirety to read as herein set out. Former Div. 4 pertained to the Beautification of Winter Springs Board and derived from Ord. No. 459, §§ 1-5, 5-22-89; Ord. No. 2002-28, § 2, 9-23-02; Ord. No. 2010-14, § 2, 5-24-10. Cross references —Building regulations generally, Ch. 6; fences, walls and hedges, § 6-186 et seq.; land develop- ment, Ch. 9; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20, WINTER SPRINGS CODE is authorized, to the extent deemed necessary and appropriate, to use the various existing boards and committees of the city to consider beautification issues and to make recommenda- tions to the city, provided said use of the board or committee falls within the general scope of author- ity or jurisdiction assigned to the board or committee by the city commission. (Ord. No. 2012-11, § 2, 9-10-12) Sec. 2-78. Master beautification plan; recommendations to city commis- sion. (a) The city will prepare and maintain a master plan for the overall beautification of the city with regard to those areas owned by the city, property owners. The master plan may consist of various documents approved by the city commis- sion including, but not limited to, the comprehensive plan, city codes, subarea beautifica- tion, aesthetic, and architectural plans like the Town Center District Code. To the extent the city commission or city manager deems it in the city's best interest, the city shall work with the various city boards and committees, as well as other civic groups and governmental agencies operating within the environmental limits of the city, to promote and enhance the following: (1) Beautification efforts relevant to and recognized by the city including, but not limited to, beautification special assess- meAt areas, entrance approaches to the city, parks and recreational facilities, recreational and bicycle trails, roadway medians, and conservation areas; (2) Surrounding county and other municipal jurisdiction areas which affect the impres- sions of visitors and citizens of the area with regard to the city. (b) The city manager shall recommend to the city commission such overall beautification projects as seem warranted and in the city's overall beautification interests. (Ord. No. 2012-11, § 2, 9-10-12) Secs. 249, 2-80. Reserved. ARTICLE IV. ELECTIONS* Sec. 2-81. Election supervisor. The city clerk is hereby designated the supervi- sor of elections for the city. (Code 1974, § 2-27) Sec. 2-82. Proclamation. The mayor shall issue a proclamation calling the municipal elections provided for in this article and at least sixty (60) days prior thereto. The proclamation shall be published in a newspaper of general circulation in this city once each week for four (4) consecutive weeks prior to the municipal election. iry i , -1 0 c no nn\ wuue Lo t, c-�✓/ Sec. 2-83. Municipal elections to be general elections. Municipal elections held as provided in this article shall be general municipal elections and no other municipal primary or general election shall be necessary. The successful candidates determined as provided in this article shall be the duly elected officers for their respective offices and shall take office as provided in subsec- tion 4.03(a) of the City Charter. (Code 1974, § 2-30; Ord. No. 2017-12, § 2, 7-1047) Charter reference —Election date, § 4.03. Sec. 2-84. Determination of person elected. The person receiving the highest number of votes cast for one (1) office is elected to the office. If there should be more than two (2) candidates for any one (1) office, and two (2) candidates receive an equal and highest number of votes cast in the municipal election for the same office, then the two (2) candidates receiving an equal and highest number of votes cast shall run again in a runoff municipal election. As scheduled by the city commission, the runoff election shall be heId no later than sixty (60) days following the *Charter references —City commission election and terms, § 4.03; nominations and elections, § 8.01 et seq. Cross reference —City commission, § 2-26 et seq. Supp. No. 04 146.2 ADMINISTRATION initial election and the candidate receiving the majority of the votes cast at such runoff election shall be elected. (Code 1974, § 2-31; Ord. No. 200846, § 2, 9-8-08) Sec. 2-85. Election boards. The mayor shall appoint an election board for the municipal elections herein provided for. The names of the members of such election board shall be included in the proclamation for the holding of the municipal elections. The mayor shall fill any vacancy in the election board by appointment. The compensation of such boards shall be set by the city commission. The duties and responsibilities of the election board shall be those as stated in F.S. ch. 102, for state offices. In years when the county supervisor of elections conducts the municipal election, the supervisor shall appoint the election board, shall fill any vacancy and shall set the compensation of the election board. (Code 1974, § 2-32) Sec. 2-86. Nonpartisanship required. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. (Code 1974, § 2-33) Sec. 2-87. Qualification of candidates. Each candidate seeking the office of city com- missioner or mayor or any other elective office of the city shall file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city commis- sioner or mayor of any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying. Each candidate seeking the office of city commissioner shall be a resident of a designated commission district as established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city commissioners shall run at large as commission candidates under district designation. All candidates for offices in municipal elections shall be registered and qualified electors of the city at Supp. No. 24 146.3 the time of their qualifying as a candidate with the city clerk and shall file qualifying papers in accordance with state statutes and pay the qualify- ing fee and election assessment provided for in section 2-88. Such application shall be filed and the qualifying fee paid during regular business u hors any time after 12:00 noon on the first ng date, which shall be seventy-one (71) calendar days prior to the municipal election, but not later than 12:00 noon on the sixty- seventh (67) calendar day prior to the municipal election. In the event, the first or last filing date falIs on a Saturday, Sunday, or legal holiday, then the subject filing date shall be rescheduled to the next regular business day. (Code 1974, § 2-34; Ord. No. 494, § 2, 8-13-90; Ord. No. 2004-25, § 2, 644-04) Sec. 2-87.1. Vacancy in candidacy. (a) If the death, withdrawal or removal of a qualified candidate following the end of the qualifying period results in only one candidate remaining on the ballot for that office, the remaining candidate shall be declared elected anI no election for that office shall be required. (b) If the death, withdrawal or removal from the ballot of a qualified candidate following the enI of the qualifying period results in no candidates for an office, and if a vacancy shall result on the city commission, such vacancy shall be filled in accordance with section 4.08(c) of the Charter of the City of Winter Springs, Florida. (c) A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee. (Ord. No. 509, § 1, 9-23-91) § 2-87.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Sapp. No. 24 146.4 LAND DEVELOPMENT Editor's note -Ord. No. 2016-10, § 2, adopted December 12, 2016, repealed exh. B, which pertained to road impact fees and derived from Ord. No. 2005-10, § 3, adopted March 14, 2005; and Ord. No. 2005-30, § 3, adopted October 17, 2005. See § 9-386.7 for more information pertaining to this subject matter. Secs. 9-387-9-390. Reserved. DIVISION 3. POLICE, FIRE, AND PARKS AND RECREATION* Sec. 9-391. Generally. The city commission hereby establishes police, fire, and parks and recreation impact fees under the requirements of this division. The city com- mission finds that the Florida Growth Manage- ment Act mandates that local government plan comprehensively for future growth and that this division is consistent with that mandate. In addition, F.S. § 163.3202(3) encourages the use of innovative land development regulations which includes the adoption of "impact fees." Further, new land development activity generates public facility and service demands within the city and it is reasonable to require new development to pay a fair share of the cost of expanding new public facilities and services attributable to new development. This division is enacted pursuant to the Florida Municipal Home Rule Powers Act, F.S. ch. 163, the City of Winter Springs Comprehensive Plan, and other applicable law authorizing a municipality to set rates, fees, and charges for new development. (Ord. No. 2003-04, § 2, 4-28-03; Ord, No. 2003- 38, § 2, 11-10-03; Ord. No. 2011-13, § 2, 9-26-11) Sec. 9-391.1. Levy and purpose. For the purpose of helping to defray the cost of new or expanded police, fire, and parks and recreation facilities and equipment attributable *Editor's note -Ord. No. 2003-04, § 2, adopted April 28, 2003, amended former Div. 3, §§ 2-391-2-391.12, in its entirety which pertained to police public safety facilities and derived from Ord. No. 487, §§ 1-12, 7-9-90; Ord. No. 597, §§ 1-12, 9-25-95; Ord. No. 741, §§ 1-12, 9-27-99; Ord. No. 688, §§ 1-12, 10-27-97. Cross references -Buildings and building regulations, Ch. 6; building permits, § 6-46 et seq.; planning, Ch. 15; zoning, Ch. 20. Supp. No. 24 625 § 9-391.2 to new construction within the city limits, impact fees are hereby levied on new construction within the city limits in accordance with the provisions of section 9-391.5, payment of fees, and other provisions of this division. This division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court. In support of, and as legal justification for, the impact fees adopted under this division, the city commission hereby adopts by reference the reports prepared by Land Design Innovations, Inc. entitled, "City of Winter Springs Impact Fee Analysis Report for Police, Fire/Rescue and Parks & Recreation," dated November 2002. (Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003- 38, § 2, 11-10-03; Ord, No. 200942, § 2, 7-27-09; Ord. No. 201143, § 27 9-26-11) Sec. 9-391.2. Definitions. Unless otherwise specified herein, the defini- tions, classifications and uses shall be as set forth in the City of Winter Springs Land Develop- ment Code. (a) Building permit: Any building or construc- tion permit required under the Winter Springs Building Code, Chapter 6 of this Code. (b) Fire public safety facilities capital improve- ments: The land, building, facilities, vehicles and equipment necessary for the fire department of the city to provide firefighting and fire protection services and paramedic services to the citizens of Winter Springs. (c) Nonresidential: Includes all land uses not otherwise specified as residential or exempted as set forth in this division. This shall include, but is not limited to, day care facilities, residential care facilities, nursing homes, boarding houses, educational facilities, libraries, cultural facili- ties, churches, all commercial uses, all transient lodging and entertainment facilities except those which are temporary in nature, all automotive facilities and/or structures, all miscellaneous business uses and services and all industrial uses. § 9-391.2 WINTER SPRINGS CODE (d) Parks and recreation facilities capital improvements: The land, buildings, facilities, vehicles, and equipment necessary for the parks and recreation department of the city to provide parks and recreation services to the citizens of Winter Springs. (e) Police public safety facilities capital improve- ments: The land, buildings, facilities, vehicles and equipment necessary for the police depart- ment of the city to provide police protection services to the citizens of Winter Springs. (f) Residential: Includes single-family dwell- ings, multifamily dwelling units, mobile homes, accessory dwelling units, accessory residential structures. (Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2010- 08, § 3, 1u-2640; ura. No. zull-uts, z, iv-iu- 11; Ord. No. 2011-13, § 2, 9-26-11) Sec. 9-391.3. Applicability and exemptions. (a) This division shall apply to all new construc- tion within the city limits except the following: (1) Expansion of a residential dwelling unit or the creation of an accessory dwelling unit on the same parcel as the primary dwelling; and (2) Remodeling or rebuilding of any structure; and (3) Construction under any building permit originally issued during the year preced- ing the effective date of this division; and (4) Temporary activities and uses including, but not limited to temporary construc- tion and temporary commercial amuse- ments; and (5) Public service structures; and (6) Publicly owned and operated buildings or structures used for general governmental purposes (to include but not limited to sewer, stormwater, police, fire, ground transportation, solid waste, parks, recreation and cultural purposes); and (7) Construction associated with raising (8) Construction related to agriculture. (b) In addition, nonresidential development shall be exempt from parks and recreation impact fees. (Ord. No. 2003-04, § 2, 4-28-03; Ord, No. 2010- 081 § 3, 10-25-10) Sec. 9-391.4. Reserved. Sec. 9-391.5. Payment of fees. (a) Time of payment. The impact fees required to be paid under this division shall be paid in conjunction with the issuance of a building permit, but in no case shall the building permit be issued until all outstanding impact fees are paid in full to the city. (b) Method of payment. Impact fees shall be paid in cash unless the city commission, at its sole and absolute discretion, specifically accepts an in -kind contribution of land or capital facili- ties for public use which is reasonably related to the purpose of the credited impact fee. Credit for any in -kind contribution shall be on a fair market value basis as of the date the city commission accepts the offer of such contribution. The fair market value of any land accepted as an in -kind contribution shall be based upon an appraisal of its highest and best use then allowed under the city's current land use and zoning designations. The appraisal shall be performed by a certified appraiser, licensed to do business in Florida, acceptable to the city. Such appraisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the contribution of land or capital facilities for public use has been or will be included in the capital asset inventory of the department of the city for which the impact fee is imposed. (c) Amount of fee. The following impact fees are hereby adopted: (1) Fire: a. Residential: Single Family ........ $172.00/ dwelling unit Apartment .......... 0 $172.00/ dwelling unit Supp. No. 24 626 LAND DEVELOPMENT § 9-391.5 Condominium ....... 0 $172.00/ Retail/Wholesale dwelling unit <300,000 sq.ft........ a $160.00/ Mobile Home ......... $172.00/ gross sq. ft. dwelling unit Retail/Wholesale 300,000-400,000 sq.ft. $144.00/ b. Non-residential: gross sq. ft. Hotel ................ $313.00/ Retail/Wholesale 1,000 gross sq. ft. >400,000 sq.ft......... $130.00/ Motel ................ $313.00/ gross sq. ft. 1,000 gross sq. ft. Basic industry. ....... $13.00/gross Church. . 9 4 0 0 6 a $684.00/net sq. ft. sq. ft. Utility plants/Substa- Marina (per boat berth) $320.00/net tions ................. $13.00/gross sq. ft. sq. ft. Racquet clubs ........ $320.00/net Manufacturing ....... $6.00/gross sq. ft. sq. ft. Health spas .......... $320.00/net Warehousing/Storage . $6.00/gross sq. ft. sq. ft. Golf course clubhouse. $320.00/net Mini -warehouses ..... $6.00/gross sq. ft. sq. ft. Concentrated Restaurant —Sit down $320.0/net assembly-50+ persons $684.00/net sq. ft. sq. ft. Restaurant —Drive in. $320.00/net Less concentrated sq. ft. assembly-50+ persons $320.00/net Hospital —Room area . $10.00/gross sq. ft. sq. ft. Assembly <50 persons, Hospital —Treatment non-office/other ....... $72.00/gross area ................ 0 $5.00/gross sq. ft. sq. ft. (2) Police: Nursing home —Room a. Residential (single area ................. $10.00/gross family, apartment, sq. ft. condominium, mobile Nursing home —Treat- home, assisted living) . $275.00/ ment area ............ $5.00/gross dwelling unit sq. ft. b. Non-residential....... $0.156 per Day care ............. $51.00/net sq. ft. sq. ft. (3) Parks and recreation: Office ................ $72.00/gross a. Residential (single sq. ft. family, apartment, Bank/Savings—Walk in $72.00/gross condominium, mobile sq. ft. home, assisted living) . $17665.00/ Bank/Savings—Drive dwelling unit in....................$72.00/gross b. Non-residential....... None sq. ft. (4) Reserved. Supp. No. 24 627 § 9-391.5 WINTER SPRINGS CODE (5) Reserved. (Ord. No. 2003-04, § 2, 4-28-03; 2003-21, § 2, 6-23-03; Ord. No. 2003-38, § 2, 11-10-03; Ord. No. 2005-30, § 2, 10-17-05; Ord. No. 200942, § 2, 7-27-09; Ord. No. 2011-13, § 2, 9-2641; Ord. No. 2017-16, § 2, 9-2547) Sec. 9-391.6. Credits. In addition to the discretionary credits authorized by the city commission under section 9-391.5(b), an applicant for a building permit shall be entitled to a credit against future impact fees assessed pursuant to this division for contributions, dedications, or improvements required by the city or through agreements with the city as a condition of any development permit by the city, and said credit shall be an amount i r - �- thl e fan' lllalieb value ul ally l.Uil equal Lo LilAiu- tion of land or capital facilities for public use. The impact fee credit and the applicable contribu- tion, dedication, or improvements must be reason- ably related. The fair market valve shall be determined as of the date the city commission accepts the offer of such contribution. The fair market value of any land accepted for credit of future impact fees shall be based upon an appraisal of its highest and best use and then allowed under the city's current land use and zoning designations. The appraisal shall be performed by a certified appraiser, licensed to do business in Florida, acceptable to the city. Such appraisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the contribution of land or capital facili- ties for public use was made within the year preceding the effective date of this division, and the contribution of land or capital facilities for public use has been or will be included in the capital asset inventory of the department of the city for which the impact fee is imposed. (Ord. No. 2003-04, § 2, 4-28-03) Sec. 9-391.7. Establishment of a trust fund. (a) The impact fees collected by the city pursu- ant to this division shall be kept separate from other revenue of the city and a capital expansion trust fund is hereby created for each impact fee category created under this division as follows: (1) Police protection capital expansion trust fund. (2) Fire protection capital expansion trust fund. (3) Parks and recreation capital expansion trust fund. (4) Reserved. (b) Use of funds. The amounts in the impact fee trust funds shall be exclusively used only for the purpose obtained in the title of such fund and for no other purpose. Expenditures from the fund shall be specifically approved by the city commission and shall be limited to the expansion acquisition of capital facilities or equipment made necessary by the new construction from which the fees were collected or for principal payments (including sinking fund payments) on IJUnuS I.0 uApanu 111 al;q uii e S'ldhk lauill(J 0 "1 equipment. Before authorizing an expenditure from any one of these trust funds, the city commission shall determine that: (1) Such expenditure is for capital facilities or equipment to be used for the purpose contained in the title of the trust fund from which the expenditure is to be made; and (2) Such expenditure is made necessary by the new construction from which such funds were collected; and (3) Such expenditure shall result in a benefit to the new construction from which said funds were collected. (Ord. No. 2003-04, § 2, 4-28-03; Ord, No. 2003- 38, § 2, 11-10-03; Ord. No. 2011-13, § 2, 9-26-11) Sec. 9-391.8. Capital expansion plans. The city's police, fire and parks and recreation departments, which are to receive funds col- lected pursuant to this impact fee division, shall prepare and maintain a capital expansion plan for their respective individual funds which shall be for a period of no less than one (1) year. Each department's plan shall be reviewed and approved by the city commission at least annually during the budget review process. (Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003- 38, § 2, 11-10-03; Ord. No. 2011-13, § 2, 9-26-11) Supp. No. 24 628 LAND DEVELOPMENT Sec. 9-391.9. Refunds. Refunds of the impact fees paid hereunder may be allowed upon application thereof, when it is determined that no construction under a building permit has occurred, and the building permit issued for such construction has expired or otherwise been cancelled. (Ord. No. 2003-04, § 2, 4-2&03) Sec. 9-391.10. Vested rights. (a) A developer or successor in interest of land which has received a building permit may petition the city commission for a vested rights determination which would exempt the petitioner from the provisions of this division. Such peti- tion shall Supp. No. 24 629 § 9-391.10 § 9-391.10 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 24 630 PERSONNEL ARTICLE I. IN GENERAL Sec. 14-1. Policy, rules and regulations. The personnel policy of the city shall be approved and ratified by resolution of the city commission which shall include a system for the recruiting, selecting, developing and maintain- ing an effective and responsive workforce, and shall include policies and procedures for employee hiring and advancement, training and career development, job classification, salary administra- tion, retirement, fringe benefits, discipline, discharge and other related activities which is on Ile in the city clerk's office. The city manager shall from time to time amend and update the personnel policy. (Code 1974, § 17-1) Secs. 14-2-14-25. Reserved. ARTICLE II. OLD AGE AND SURVIVORS INSURANCE* Sec. 14-26. Extension of benefits. (a) Intent. It is hereby declared to be the policy and purpose of the city to extend effective as of January 11, 1975, to the employees and officials thereof, not excluded by law, nor excepted herein, the benefits of the system of old age and survivors insurance as authorized by the federal social security act and amendments thereto, and by F.S. ch. 650 and to cover by such plan all services which constitute employment as defined in F.S. § 650.02, employed in the employ of the city by employees and officials thereof,.except for services rendered by elected officials, or services rendered by part-time employees, and for services rendered for which the compensation is on a fee basis. (b) Exceptions. There is hereby excluded from this section any authority to include in any agreement entered into under section 14-27, any service, position, employee or official now covered by or eligible to be covered by an existing retirement system. (Code 1974, § 2-4(a), (b)) *State law reference —Social Security, P.S. ch. 650 Supp. No. 24 933 Sec. 14-27. Execution of agreements. § 14-29 The mayor is hereby authorized and directed to execute all necessary agreements and amend- ments thereto with the state agency for the purpose of extending the benefits provided by the system of old age and survivors insurance to the employees and officials of this city as provided in this article, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary and proper, and shall be effective with respect to services in employment covered by such agreement performed on and after the eleventh day of January, A.D., 1975. (Code 1974, § 24(c)) Sec. 14-28. Contributions. (a) Withholdings. Withholdings from salaries, wages or other compensation of employees and officials for the purpose provided in section 14-26(a) are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency designated by such laws or regula- tions to receive such amounts. (b) City contributions. There shall be appropri- ated from available funds, derived from the general fund of the city such amounts, at such times, as may be required to pay promptly the contributions and assessments required of the city as employer by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regula- tion. (Code 1974, § 24(d), (e)) Sec. 14-29. Records. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations governing the provisions of this article, and shall adhere to the regulations of the state agency. (Code 1974, § 24(f)) WINTER SPRINGS CODE Sec. 14-30. Adoption of Title II, Social Security Act. The city does hereby adopt the terms, condi- tions, requirements, reservations, benefits, privileges and other conditions thereunto appertaining, of Title II of the Social Security Act as amended, for and on behalf of all officers and employees of its departments and agencies to be covered under the agreement. (Code 1974, § 2-4(g)) Sec. 14-31. Custody of funds. The city clerk is hereby designated the custodian of all sums withheld from the compensa- tion of officers and employees and of the appropri- ated funds for the contribution of the city, and the city clerk is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this article. ((Cody 1974, § 2 n(h)) Secs. 14-32-14-50. Reserved. ARTICLE III. PENSION PLAN Sec. 14-51. Adopted. (a) The city does hereby elect to provide for its employees a pension plan and trust, such plan and trust to be known as the "Pension Plan for the Employees of the City of Winter Springs, Florida" (hereafter referred to as "the plan"). The plan shall be administered by a board of trustees as appointed in section 14-52. (b) The city does hereby approve and adopt the plan, a copy of which is on file in the city clerk's office and authorizes the mayor and city manager to execute the plan on behalf of the city. The plan may be amended from time to time by resolution of the city commission. (c) The cost of the plan shall be paid entirely by the city from the pension fund. (d) The city shall be bound by the terms and conditions of the plan. (Code 1974, § 246(a)—w), (e); Ord. No. 2009-01, § 2, 2-23-09) Sec. 14452. Board of trustees. (a) There is hereby created and established a board of trustees consisting of five (5) members who shall be appointed and removed as set forth in section 2-41. (b) The board of trustees shall meet no less than quarterly to review the performance of the pension plan and conduct such other business as the board deems appropriate and necessary. (c) The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commis- sion. (d) Staggering of terms. Beginning in Janu- ary, 2012, seats two (2) and four (4) shall be t.^, i^i Nmn v tnvme n�v iri»cr in January 2016, and seats one (1), three (3) and five (5) shall be appointed to two (2) year terms expiring in January, 2014. Thereafter all appoint- ments shall remain staggered and shall be made for a term of four years. (Code 1974, § 2-6(d); Ord. No. 411, § 1, 3-14-88; Ord. No. 554, § 1, 1-24-94; Ord. No. 2002-28, § 3, 9-23-02; Ord. No. 2010-14, § 2, 5-24-10) [The next page is 985] Supp. No. 24 934 UTILITIES C. 19-172. Control of pollutant contributions from interconnected municipal storm sewer systems. Sec. 19-173. Inspection, monitoring for compliance and operational maintenance requirements. Sec. 19474. High risk screening. Sec. 19-175. Enforcement, penalties and legal proceedings. Secs. 19-176-19-199. Reserved, Article VI. Water Shortage Conditions and Shortages Sec. 19-200. Intent and purpose. Sec. 19-201. Definitions. Sec. 19-202. Application of this article. Sec. 19-203. Implementation. Sec. 19-204. Water uses, surcharges and factors considered. Sec. 19-205. Enforcement. Sec. 19-206. Exceptions. Sec. 19-207. Penalties. Sec. 19-208. Water use constitutes acceptance of provisions of article. Secs. 19-209-19-250. Reserved. Article VII. Water Conservation and Landscape Irrigation Sec. 19-251. Purpose; applicability. Sec. 19-252. Definitions, Sec, 19-253. Landscape irrigation schedules, variances, and restrictions. Sec. 19-254. Exceptions. Sec, 19-255. Enforcement. Secs. 19-256-19-299. Reserved. Article VIII. Utility Protection and Enforcement Sec, 19-300. Utility meters to be furnished by and remain property of city; all water must pass through meter. Sec. 19-301. Right of entry of authorized agents or employees. Sec. 19-302. Tampering with city utility system. Sec. 19-303. Trespass. Sec. 19-304. Enforcement. Secs. 19-305-19-309. Reserved. Article IX. Proper Use of I'ertilizers Sec. 19-310. Findings. Sec. 19-311. Purpose and intent. Sec. 19-312. Definitions. Sec. 19-313. Applicability. Sec. 19-314. Timing of fertilizer application. Sec. 19-315. Fertilizer free zones. Sec. 19-316. Low maintenance zones. Sec. 19-317. Fertilizer content and application rates. Sec. 19-318. Application practices. Sec. 19-319. Management of grass clippings and vegetative matter. Sec. 19-320. Exemptions, Sec. 19-321. Training. Sec. 19-322. Licensing of commercial fertilizer applicators. Sec. 19-323. Enforcement, penalties, and legal proceedings. Supp. No. 24 1229 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 24 1230 UTILITIES facilities. The owner or occupant of any premises shall also be prohibited from permitting any dog or other animal under their control to interfere with such access. (c) If access to any city uty facility for the purposes herein described is impaired or denied, the city shall be authorized to discontinue sup- plying water or such other city -provided utility to the premises upon which such impairment or denial of access occurs. Such services shall be discontinued until such time access is allowed and the city has completed the examination required by this section. (Ord. No. 2002-22, § 3, 7-22-02) Sec. 19-302. Tampering with city utility system. (a) It shall be unlawful for any person to tamper, interfere, or in any way intermeddle with any city utility facility, including the city's water and sewer treatment plants, wells, reservoirs, or basins, or with utility mains, pipes, plugs, meters, lift stations, or connections inside or outside of the city limits. (b) Replacement costs due to damages from tampering with the city's utility system by any person other than a city employee or duly authorized agent will be the responsibility of the person causing the damage or the customer, if said damage occurs on the customer's property. If a customer connects to a city utility which requires a city -supplied meter registering the consumption, and the customer uses the utility without such a meter, service will be terminated and the customer will be responsible for paying for the service received and reimbursing the city for all charges incurred in terminating the service. (Ord. No. 2002-22, § 3, 7-22-02) Sec. 19-303. Trespass. It shall be unlawful for any person to enter upon or remain on any property used by the city for its utility facilities that are segregated, controlled and secured exclusively by the city, such as the water and wastewater treatment plants. The facilities may additionally be posted with no trespassing signs and/or fenced. (Ord. No. 2002-22, § 3, 7-22-02) Supp. No. 24 1267 Co 19-304. Enforcement. Any violation of this Article may be enforced by civil citation under section 2-66 et seq. of the City Code, as a Class IV violation, or as otherwise provided by law. (Ord. No. 2002-22, § 31 7-22-02) Secs. 19-305-19-309. Reserved. ARTICLE IX. PROPER USE OF FERTILIZERS Sec. 19-310. Findings. As a result of impairment to the city surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and ground water within the aquifers and springs within the boundaries of the city, the city commission hereby determines that the use of fertilizers on lands within the city creates a risk of contributing to adverse effects on surface anI ground water. Accordingly, the city commis- sion hereby finds that management measures contained in the most recent edition of the Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries are required. (Ord. No. 2017-08, § 2, 844-17) Sec. 19-311. Purpose and intent. (a) This article IX: (1) Regulates the proper use of fertilizers by any applicator; (2) Requires proper training of commercial and institutional fertilizer applicators; (3) Establishes training and licensing require- ments; (4) Establishes a prohibited application period; and (5) Specifies allowable fertilizer application rates and methods. (b) Fertilizer free zones, low maintenance zones, and exemptions. This article IX requires the use of best management practices, which provide specific management guidelines to minimize nega- WINTER SPRINGS CODE tive secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, and other water bodies. Col- lectively, these water bodies are an asset critical to the environmental, recreational, cultural, and economic well-being of city residents and the health of the public in general. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regula- tion of nutrients, including both nitrogen and phosphorus contained in fertilizer, will help improve and maintain water and habitat quality. (Ord. No. 2017-08, § 2, 8-14-17) Sec. 19-312. Definitions. For the purposes of this article IX, the follow- ing terms have the meanings set forth in this section unless the context clearly indicates otherwise. Administrator means the city manager, or an administrative official of the city designated by the city manager to administer and enforce the provisions of this article. Application or apply means the actual physi- cal deposit of fertilizer to turf or landscape plants. Applicator means any person who applies fertilizer on turf and/or landscape plants in the city. Approved best management practices training program means a training program approved per F.S. § 403.9338, or any more stringent require- ments set forth in this article that includes the most current version of the Florida Department of Environmental Protection's "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008," as revised, and approved by the administrator. Best management practices means turf and landscape practices or a combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on -location means, including economic and technological considerations, for improving water quality, conserving water supplies and protect- ing natural resources. Code enforcement officer, official or inspector means any designated employee or agent who has the duty to enforce codes and ordinances enacted by the city. Commercial fertilizer applicator, except as provided in F.S. § 482.1562(9), means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. Fertilize, fertilizing or fertilization means the act of applying fertilizer to turf, specialized turf, Fertilizer means any substance or mixture of substances that contains one (1) or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. Institutional fertilizer applicator• means any person, other than a private, non-commercial or a commercial fertilizer applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintain - turf and/or landscape plants. Institutional fertilizer applicators shall include, but are not limited to, owners, managers or employees of public lands, schools, parks, religious institu- tions, utilities, industrial or business sites and any residential properties maintained in condominium or other form of common owner- ship. Landscape plant means any native or exotic tree, shrub, or groundcover (excluding turf). Low maintenance zone means an area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, and related activities. Supp. No. 24 1268 UTILITIES Person means any natural person, business, corporation, limited liability company, partner- ship, limited partnership, association, club, organization, and/or any other group of people acting as an organized entity. Prohibited application period means the time period during which a flood watch or warning, or a tropical storm watch or warning, or a hur- ricane watch or warning is in effect for any portion of the city, issued by the National Weather Service, or if heavy rain, as defined by the World Meteorological Organization as rainfall greater than or equal to two (2) inches in a twenty-four (24) hour period, is likely. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this article IX, soils are considered saturated if standing water is pres- ent or the pressure of a person standing on the soil causes the release of free water. Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen means nitrogen in a form which delays its avail- ability for plant uptake and use after application or which extends its availability to the plant longer than a reference rapid or quick release product. Turf, sod, or lawn means a piece of grass - covered soil held together by the roots of the grass. Urban landscape means pervious areas on residential, commercial, industrial, institutional, highway rights -of -way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in F.S. § 570.02. (Ord. No. 2017-08, § 2, 844-17) Sec. 19-313. Applicability. This article IX applies to and regulates any and all applicators of fertilizer and areas of application of fertilizer within the jurisdictional limits of the city, unless such applicator is specifi- cally exempted by the terms of this article IX. This article IX operates prospectively only, and does not impair any existing contracts. (Ord. No. 2017-08, § 2, 84447) Supp. No. 24 1269 § 19-317 Sec. 19-314. Timing of fertilizer applica- tion. No applicator may apply fertilizers containing nitrogen, phosphorus, or both to turf and/or landscape plants during the prohibited applica- tion period, or to saturated soils. (Ord. No. 2017-08, § 2, 8-1447) Sec. 19-315. Fertilizer free zones. Fertilizer may not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the state depart- ment of environmental protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply fi dened edge, is used, in which case a minimum of three (3) feet shall be maintained. If more stringent City Code regulations apply, this provi- sion does not relieve the requirements to adhere to more stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this zone only for a sixty (60) day period begin- ning thirty (30) days after planting if needed to allow the plants to become well established. Caution shall be used to prevent direct deposi- tion of nutrients into the water. (Ord. No. 2017-08, § 2, 84447) Sec. 19-316. Low maintenance zones. A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland, or from the top of a seawall. A swale/ berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent City Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care must be taken to prevent the over -spray of aquatic weed products in this zone. (Ord. No. 2017-08, § 2, 8-1447) Sec. 19-317. Fertilizer content and applica- tion rates. (a) Fertilizers applied to turf shall be applied in accordance with requirements and directions provided by Rule 5E4.003, Florida Administra- tive Code. WINTER SPRINGS CODE (b) Fertilizer containing nitrogen shall not be applied before seeding or sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding, except when hydro - seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the stormwater pollution prevention plan for that site. (c) Nitrogen or phosphorus Fertilizer may not be applied to turf or landscape plants except as provided in subsection (a) for turf, or in the University of Florida/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. (Ord. No. 2017-08, § 2, 8-14-17) Sec. 19-318. Application practices. (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spread- c h e. Deklloctoi°s iiiust be positioned Such that fertilizer granules are deflected away from all impervious surfaces. Fertilizer free zones, and water bodies, including wetlands. (b) Fertilizer must not be applied, spilled, or otherwise deposited on any impervious surfaces. (c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. (d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. (e) In no case may fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. (Ord. No. 2017-08, § 2, 844-17) Sec. 19-319. Management of grass clippings and vegetative matter. In no case may grass clippings, vegetative material and/or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks, or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. (Ord. No. 2017-08, § 2, 8-14-17) Sec. 19-320. Exemptions. This article IX does not apply to: (1) Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 8230140 (2) Other properties not subject to or covered under subsection (1) above that have pastures used for grazing livestock. (3) Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronom- ics, or horticulture. (Ord. No. 2017-08, § 2, 8-14-17) Sec. 19-321. Training. (a) All commercial and institutional fertilizer applicators shall abide by and successfully complete the six -hour training program in the "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the state department of environmental protection through the University of Florida Extension "Florida -Friendly Landscap- ing" program, or an approved equivalent. (b) Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida/IFAS Florida Yards and Neighborhoods program when applying fertil- izers. (Ord. No. 2017-08, § 2, 844-17) Sec. 19-322. Licensing of commercial fertil- izer applicators. All commercial applicators or fertilizer within the city, shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the state department of agriculture and consumer services as a commercial fertilizer applicator per 5E-14.117(18) F.A.C. 0upp. No. 24 1070 UTILITIES All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial proper- ties, and multi -family and condominium proper- ties) must ensure that at least one (1) employee has a "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a local business tax certificate. Owners for any category of occupa- tion which may apply any fertilizer to turf and/or landscape plants shall provide proof of comple- tion of the program to the city tax collector's office (Ord. No. 2017-08, § 2, 8-14-17) Sec. 19-323. Enforcement, penalties, and legal proceedings. (a) Any person found to be in violation of the provisions of this article IX may be subject to any applicable civil enforcement mechanisms avail- able to the city, including, but not limited to: injunctive relief; referral to the city's code enforce- ment board or code enforcement magistrate; or issuance of a citation pursuant to section 2-69 of this Code. (b) Violations of this article IX can present a serious threat to public welfare and are potentially irreparable or irreversible. Therefore, pursuant to section 2-69.1 of this Code and F.S. § 162.21(3)(b), as these provisions may be amended from time to time, a city code enforcement officer may immediately issue a citation to any person in violation of this article IX if the code enforce- ment officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (c) Each incidence of violation under this article IX constitutes a separate violation and offence and a separate offence will be deemed committed on each day during or on which a violation occurs or continues. (d) In addition to the other remedies provided in this section, the city is authorized to make application in a court of appropriate jurisdiction for an injunction restraining any person from violating, or continuing to violate any provisions Supp. No. 24 1271 of this article IX. Further, the city may avail itsef of any other legal or equitable remedy available to it in the enforcement of any provi- sion of this article IX or any provision of any resolution enacted pursuant to this article IX. (e) The city may elect to take any or all of the above remedies concurrently, and the pursuit of one (1) does not preclude the pursuit of another. (f) Funds generated by penalties imposed under this section shall be used by the city for the administration and enforcement of F.S. § 403.9337 and the corresponding sections of this article IX, and to further water conservation and nonpoint pollution prevention activities. (Ord. No. 2017-08, § 2, 8-1447) § 19-323 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] [The next page is 1305] Supp. No. 24 1272 (44) Interior decorating and draperies; (45) Jewelry stores; (46) Launderettes and laundromats; (47) Libraries; (48) Loan companies; (49) Locksmiths; (50) Luggage shops; (51) Medical and dental clinics laboratories; (52) Micro -breweries and micro -wineries; ZONING �L (53) Nurseries, plants, trees, etc., retail (includ- ing outdoor display and sales); (54) Offices, professional and business; (55) Outdoor advertising signs sales offices; (56) Paint store; (57) Parking garages; (58) Pet shops and grooming; (59) Photographic studios; (60) Post office; (61) Private clubs and lodges; (62) Public and government services; (63) Radio and TV sales and service; (64) Religious assembly; (65) Rental shops; (66) Retirement homes; (67) Restaurants and outdoor dining; cafes; (68) Reserved; (69) Shoe repair shops; (70) Skating rinks; (71) Sporting goods, retail; (72) Swimming pool sales, service and sup- plies; (73) Tailoring shops; (74) Taxidermists; (75) Telephone business office and exchanges and telemarketers (No dispatch); (76) Title companies; § 20-234 (77) Tobacco shops; (78) Toy stores; (79) Travel agencies; (80) Wearing apparel stores; (81) Public recreational facilities. (b) Outdoor display and/or sales are prohibited except by conditional use. (Ord. No. 44, § 44.47, 1-8-68; Ord. No. 264, § 1, 7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No. 2002-07, § 4, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2004-49, § 2, 1243-04; Ord, No. 200649, § 2, 11-13-06; Ord. No. 2014-09, § 2, 4-28-14) Sec. 20-233. Reserved. Editor's note —Ord. No. 2003-36, § 5, adopted Oct. 13, 2003, repealed former section 20-233 in its entirety which pertained to nonconforming uses and derived from Ord. No. 44, § 44.47.1, Jan. 8, 1968; Ord. No. 264, § 1, July 13, 1982. Sec. 20-234. Conditional uses. (1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys and similar uses), excluding public recreational areas and facilities which shall be permitted under section 20-232(81); (2) Animal hospitals and veterinary clinics with outside kennels; (3) Car wash; (4) Convenience markets and stores and self- service gasoline sales; (5) Mortuaries and funeral homes. (6) Schools. (7) Daycare centers. (8) Amultiple-family residential use that was lawfully approved and permitted as a conditional use by the City prior to the effective date of Ord. No. 2015-15 [January 25, 20161 shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the city when said use was previously permitted. (Ord. No. 44, § 44.48, 1-8-68; Ord. No. 240, § 81 5-26-81; Ord. No. 2004-28, § 2, 742-04; Ord. No. Supp. No. 24 1332.1 § 20-234 WINTER SPRINGS CODE 2006-19, § 2, 11-13-06; Ord. No. 2013-08, § 2, DIVISION 8. C-2 GENERAL COMMERCIAL 8-12-13; Ord. No. 2014-09, § 2, 4-28-14; Ord. No. DISTRICT 2015-15, § 2, 1-25-16) Sec. 20=251. In general. Sec. 20-235. Building height regulations. In C-1 Neighborhood Commercial Districts, the building height shall not exceed fifty (50) feet. (Ord. No. 44, § 44.49, 1-8-68) Sec. 20-236. Overlay district regulations. Overlay district regulations may apply. (Ord. No. 44, § 44.50, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-237. Bulk regulations. (1) 1\lliniml�m front setback: Twenty-five (25) ft. (2) Minimum rear and side setback: Fifteen (15) ft. (3) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 44, § 44.51, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-238. Off-street parking regulations. Section 9-276 et seq. as to off-street parking regulations in C-1 Neighborhood Commercial Districts shall apply. (Ord. No. 44, § 44.52, 1-8-68) Sec. 20-239. Reserved. Editor's note —Ord. No. 2000-07, § 2, adopted May 8, 2000, repealed former § 20-239 in its entirety which pertained to the requirement of a wall between commercial and residential developments and derived from Ord. No. 710, § II, adopted Jan. 11, 1999. Secs. 20-240-20-250. Reserved. The lands of the C-2 General Commercial District are to be used by a variety of commercial operations which serve the commercial needs of the community. The purpose of this district is to permit the normal operation of the majority of general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses, minimize the interruption of traffic along adjacent thoroughfares, promote aesthetic and architectural harmony, attractiveness, and compatibility within the community, and abide by the performance and development standards of the city, county, state and U.S. government. This district is intended for lands adjacent to or easily serviced by collector and major arterial roads adaptable to higher traffic generating general commercial uses. (Ord. No. 44, § 44.53, 1-8-68; Ord. No. 2002-07, § 3) 7-8-02) Sec. 20-252. Uses permitted. Within C-2 General Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Any permitted use allowed in C-1 Neighborhood Commercial Districts; (2) Automotive sales or vehicular storage of untagged vehicles associated with an automotive sales dealership. The property used for vehicular storage of untagged vehicles must be located adjacent to a state arterial road and within two (2) miles of the associated automotive sales dealership property, measured in a straight line from the nearest points of the respective lot boundaries. Vehicular storage visible from residential property uses shall be screened by an eight (8) foot screen wall made of brick, block, or other durable material. Landscape buffers shall be provided where vehicular storage is visible from arterial roadways; (3) Automotive renting and leasing; Supp. No. 24 1332.2 ZONING (4) Automotive tires; (31) Wholesale meat and produce distribu- (5) Baker, wholesale; tors. (6) Boat sales; (32) Automotive/boat/manufactured home minor service and minor repair establish- (7) Building and plumbing supplies; ments (including filling stations, repair (8) Bus terminal; garages and similar non -intense uses), provided that all activity shall be (9) Cold storage and frozen food lockers; conducted within a completely enclosed (10) Convenience markets and stores; building and there is no outdoor storage of any kind; (11) Cultural institutions (such as museums (33) Radio and television studios and offices. and art galleries; (34) Outdoor storage facility specifically (12) Feed stores; designed for the parking and storage of (13) Offices, professional and business; vehicles, equipment, goods and materi- als, provided said storage occurs on real (14) Gas, bottled; property located adjacent to a state col- (15) Grocers, wholesale; lector road and within and adjacent to an (16) Ice, wholesale; electric transmission line right -of --way/ easement, and railroad track right-of-way/ (17) Industrial trade, professional and easement. Said facility shall be subject vocational schools, not involving opera- to the supplemental regulations set forth tions of an industrial nature; in section 20-256. (18) Full -service gas stations, as an accessory (35) A single warehouse building not to exceed use to a convenience store and satisfying twenty-seven thousand (27,000) square any distance requirement established by feet and twenty-five (25) feet in height, City Code; provided the warehouse building is located adjacent to a functional railroad line and (19) Veterinarian and accessory kennels; used in conjunction, in whole or in part, (20) Laboratories for testing materials and with the storage of products that are chemical analysis of a nonindustrial unloaded from railroad lines for wholesale nature; or retail sale. No outdoor storage of products and materials shall be permit- (21) Lumber and building supplies in an ted unless expressly authorized by City enclosed building or structure; Code. Said warehouse shall be subject to (22) Mobile home sales; the supplemental regulations set forth in section 20-256. (23) Movers; (24) Nurseries, plants, trees; wholesal e; (25) Home and general commercial Pest control (exterminating) of a nonindustrial nature; (26) Printers, commercial; (27) Public and government services; (28) Recreational vehicles; (29) Swimming pool contractors, equipment storage; (30) Taxicabs; Supp. No. 24 1333 (36) Mortuaries and funeral homes. (Od. 4444.54 7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No. 2001-50, § 2, 10-22-01; Ord. No. 2002-07, § 3, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2008-10, § 2, 8-11-08; Ord. No. 2013-08, § 2, 8-12-13; Ord. No. 2017-11, § 2, 84447) Sec. 20-253. Building height regulations. No building or structure shall exceed fifty (50) feet in height. (Ord. No. 44, § 44.55, 1-8-68; Ord, No. 2004-28, § 2, 742-04) WINTER SPRINGS CODE Sec. 20-254. Conditional uses. (1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys, and similar uses); (2) Automotive/boat/manufacturedhnme major service and major repair establishments (includ- ing body repairs and painting and similar heavy type uses); (3) Car wash; (4) Halfway houses, group homes, and similar uses; (5) Small-scale cabinet makers, furniture assembly, and woodworking shops (not to exceed 2,500 so. ft.); (6) Small-scale clothing manufacturing (not to exceed 2,500 sq. ft.); (7) Schools. (8) Amultiple-family residential use that was lawfully approved and permitted as a conditional use by the City prior to the effective date of Ord. No. 2015-15 [January 25, 20161 shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the City when said use was previously permitted. (Ord. No. 2002-07, § 3, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2013-08, § 2, 8-12-13; Ord. No. 2014-09, § 2, 4-28-14; Ord. No. 2015-15, § 2, 1-25-16) Sec. 20-255. Sulk regulations. (1) Minimum front setback: Twenty-five (25) ft. (2) Minimum side and rear setback: Fifteen (3) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 2004-28, § 2, 742-04) Sec. 20-256. Supplemental out storage and warehousing requirements. In addition to other applicable provisions of the City Code and other requirements imposed 0 by the city in accordance with the city develop- ment review process (including site plan review), open storage uses under this division, except as provided in section 20-252(2), shall also be subject to the following requirements: (1) Outdoor storage shall be screened from streets by a ten (10) foot decorative masonry wall with any gates being opaque. Any automobile, boat, boat trailer, watercraft, motor home, travel trailer, equine trailer, recreational vehicle, and other vehicle and equipment, materials and goods stored under this division shall not be visible from any public col- lector road. In order to prevent visibility from public streets, the following minimum standards shall apply: (i) no vehicle, equipment, goods, or materials in excess of ten (10) feet in height shall be stored along or adjacent to the ten (10) foot decorative masonry wall; and (ii) no vehicle, equipment, goods oi' mai et'la s shall be stored on the real property in excess of thirteen and one-half (131/2) feet in height. (2) The following vehicles and equipment may be stored on the property; a. Any vehicle permitted within a residential zoning category as more specifically provided in section 20-434. b. No more than twelve (12) spaces shall be allowed for over the road type semi tractors and/or tractor trailers designed with fifty wheel attachment components, loaded or unloaded, attached together or unat- tached, in any of the twelve (12) spaces. No more than one (1) attached or unattached over the road semi tractor/trailer unit shall be allowed in any one (1) space. c. Boats, boat trailers, water craft, residential vehicles, motor homes, travel trailers and equine trailers. d. Take home "on call" repair and service vehicles that are operated upp. No. 24 ZONING § 20-256 by persons off duty, but in an on inclusive of any equipment, vehicles, call" work status for responding to cargo, or materials stored on top of emergencies. the vehicle. e. Vintage, classic or other vehicles c. Any vehicle requiring a special which are awaiting or undergoing permit from the Florida Depart - restoration provided that the restora- ment of Transportation. tion work is not performed on the d. Any wrecked vehicles, vehicles being property, the vehicle is fully in tact, stripped for parts, or vehicles await - and the vehicle is not stored fora ing salvage or recycling. period of more than one (1) year. e. Any vehicle functionally inoperable f. Service vehicles and equipment other than vehicles in the process of which are necessary for the opera- being restored as provided herein, tion and maintenance of the uses expressly authorized on the property f. Except as provided herein, heavy by City Code. construction vehicles and equip- ment including, but not limited to, g. Construction vehicles and equip- dumptrucks motor ment stored on a trailer, provided Faders, es, doz- p ers, front end loaders, cranes, der~ the construction vehicle and equip- ricks, and other earth and material ment do not violate the express excavating, hauling, grading, and prohibitions in subsection (3). lifting equipment over twenty-six h. No more than six (6) spaces shall be (26,000) pounds of gross weight. allowed for dump trucks and dump g• More than six (6) dump truck/ truck trailer units designed with trailer units as described in subsec- spindle hitch type attachment tion 2.h. components, loaded or unloaded, (4) Bulk storage of flammablelhazardous attached together or unattached, in materials shall be prohibited. any of the six (6) spaces. No more than one (1) attached or unattached (5) Warehouse buildings used in conjunction unit shall be allowed in any one (1) with the use authorized under section space. 20-252(34) may be constructed up to the railroad right -of --way boundary provided i. Unlimited dual wheel single axle said construction is permitted by the truck/trailer units not exceeding railroad company, twenty-six thousand (26,000) gross vehicle weight (G.V.W.). (6) On -site light, minor maintenance and cleaning of any vehicle permitted by this (3) Unless otherwise expressly authorized in division is allowed. However, the follow - subsection (2), the storage of all other ing shall be strictly prohibited: refueling, vehicles and equipment shall be oil and engine fluid changes, major prohibited. Without limiting the restoration, part salvage, major part aforementioned prohibition, the storage replacement, engine repair, transmission of the following vehicles are expressly repair, body repair, and other heavy and prohibited: major repairs. a. More than twelve (12) over the road (7) Indoor and outdoor storage facilities for semi tractor/trailer units as described vehicles permitted under this division in subsection 2.b. shall be open to the general public for a b. Any vehicle that exceeds thirteen space rental fee. and one-half (131/2) feet in height, (8) Storage of junk is strictly prohibited. Supp. No. 24 1335 WINTER SPRINGS CODE (9) Vehicles permitted under this division shall not be used as living quarters. (10) Not more than a total of five (5) cargo or shipping containers shall be stored at any one time on the property. (11) Cargo transfer operations are strictly prohibited except to transfer goods and materials to and from a warehouse build- ing authorized under this division. (12) Trucking terminal operations are strictly prohibited except to transfer goods and materials to and from a warehouse build- ing authorized under this division. (13) Twenty -four-hour security personnel and/or security equipment shall be provided to provide reasonable protec- tion of buildings located, and vehicles, equipment, goods and materials stored, on the property. ( l.A) The property shall not be used for fleet parking of commercial vehicles nor shall the property be used as a centralized parking facility or staging area for construction vehicles and equipment. (15) Parking surfaces on the property shall be improved to meet City paving and drain- age codes. However, R.A.P parking improvements shall be permitted in stor- age areas provided that the main drive aisles are paved with asphalt or concrete. (Ord. No. 2008-10, § 2, 8-11-08; Ord, No. 2017- 11, § 3, 8-14-17) Sec. 20-257. Reserved. DIVISION 8.5. I-1 LIGHT INDUSTRIAL DISTRICT* Sec. 20-258. In general. The provisions of this district are intended to apply to lands and structures, by their use and *Editor's note —Ord. No. 2002-07, § 1, adopted July 8, 2002, added a new zoning district designated as Div. 12, §§ 20-320-20-262. In order to avoid conflicts in the number- ing of provisions, the editor has redesignated the provisions added by § 1 of Ord. No. 2002-07 as Div. 8.5, as herein set out. location, which are especially adapted to the business of wholesale distribution, storage and light manufacturing and to authorized land uses and activities which could cause adverse second- ary effects and influences on residential areas and nonindustrial uses. Such lands are located in close proximity to principal thoroughfares and adequately separated (or buffered or both) from residential uses. The purpose of this district is to encourage and develop exceptionally clean, non - objectionable industrial uses and to allow a place for other uses and activities which could cause adverse secondary effects and influences on sur- rounding neighborhoods if located elsewhere. It is also the intent of this district to protect adjacent parcels from encroachment of smoke, fumes, vibration, noise or odors of any objection- ahin and to promote nesthPtie and architectural harmony, and attractiveness within the community. All uses allowed hereunder shall abide by the performance and development standards of the city, county, state, and U.S. government. Areas of the city for which this zoning category may be appropriate are designated on the future land use map as "industrial." (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § % 742-04) Sec. 20-259. Uses permitted. Within the I-1 Light Industrial Zoning District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Any permitted use listed in section 20-345.1 of the "Commerce Center" District; (2) Any permitted use listed in Section 20-346.1 of the 110-3 Highway 17-92 Com- mercial District" for properties with front- age along U.S. 17-92; (3) Adult entertainment and sexually oriented businesses; (4) Boat building and storage yards; (5) Cabinet makers, furniture assembly and woodworking shops; (6) Laundry and dry cleaning; (7) Machinery sales and storage; Supp. No. 24 1336 ZONING (8) Outside storage of contractor's equip- ment and supplies; public storage of tagged vehicles, boats, RVs and commercial vehicles; fleet and dispatch yards; bulk storage; and other kinds of storage yards of non-flammable/non-hazardous materi- als associated with manufacturing (See section 20-263 below.); (9) Showrooms. (10) Secondary metal recyclers, recovered materials recyclers, and similar recyclers of other non -hazardous recyclable materi- als; provided, however, the site contain- ing the recycling facility satisfies each of the following conditions: a. The site must have and maintain in good standing a valid certificate of registration or license from the State of Florida, and must comply with any applicable local, state, and federal regulations. Supp. No. 24 1336.1 § 20-259 § 20-259 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK) Supp. No. 24 1336.2 Ordinance Number 2014-34 2015-07 201542 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 Date 1-26-15 4-27-15 7-25-16 10-10-16 12-12-16 Section Section this Code 2 20-461 20-463-20-465 Rpld 20-466 20-467, 20-468 Rpld 20-469 20-471-20-474 Rpld 20-480-20-485, 20-487-20490 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(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 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), 9-386.4, 9-386.7, 9-386.8, 9-386.10(1), 9-386011) 9-386.13, 9-386.14(5) Rpld 9-386.16(b) Rnbd (c) as (b) 9-386,182 9-386.19, Added 9-386.21(h) Supp. No. 24 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 7-10-17 2 2-83 2017-16 9-25-17 2 9-391.5(c)(1)—(4) [The next page is 2145] Supp. No. 24 2106 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. Section Article Section this Code VIII 2 10-87, 18-153 Fl. Adm. Code Section F.S. Section Chapter this Code Section this Code 17-50 19-92(0 162.22 3-10, 10-57 19-95(b) Ch. 163 9-391) 10-52 19-95(c) 20-26 19-129 Ch. 163, Pt. II 9-386.1 17-555.360 Ch. 19, Art, IV, 9-500 Div. 2 20-28(a) 62-340 19-315 163.3161 et seq. 9-386.1 163,3164 2-30 F.S. Section 163.3171 et seq. Ch. 15 Section this Code 163.3180 9-546, 9-547 20.30 20-232(a)(64) 9-550, 9-551 34.191 11-1 163,31801 9-386.1 Ch. 50 2-61 163.3181(3) 20402(f) 50.041 2-61 Ch. 16303202 9-391 50.051 2-61 163,3220-163,4243 20-321 60.05 13-74 20-336 Ch. 97, Ch. 98 2-89 Ch. 166 Ch. 2 99.093 2-88 9-386.1 100.201 et seq. 2-94 20-26 100.361 2-26(b) 20-28(a) Ch. 101 2-93 1660021 10-87 101.62-101.70 2-92 18-153 101.657 2-96 1661032 2-89 112.3143 2-30 1660033 2-30 Ch. 140 18-26 1664041 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 16600415 19-255 2-5616-32 166.201 et seq. Ch. 2, Art. VI 19-174 Ch. 18 Ch.162, Pt. I 2-56, 2-62 1660221 Ch. 10 162.04 13-39 166,231 18-29, 18-30 162.05 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 20404 162.07 2-60 170.01 et seq. Ch. 17 3-3 Ch. 171 Ch. 2, Art, V 162.21 19-255 Ch. 177 Ch. 9 162.21(3)(b) 19-323 9-2, 9-9 Supp. No. 24 2145 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 Ch. 212 Ch. 218 286.0114 86,0115 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 MOM) Ch. 322 322.03 322.34 Ch. 324 337,401 376.031 WINTER SPRINGS CODE Section this Code Ch. 17 18-121 18-151 18-151 Ch. 2, Art, VI 18-28 18-26 18-31 18-26 Ch. 10 Ch. 10, Art. II 10-30 10-32 10-29 17-103 18-27 Ch. 2, Art. VI 2-28 2-30 2-30 12-65 Ch. 12 12-2 13-26 17-102 20-431(1)a. 12-82 12-100 20-438 17-102 12-842 12-87 12-88 12-89 12-100 7-4 20-467220-483 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 17403 F.S. Section Ch. 380.06 403.413(4) 403.415 403.9337 40349338 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 Supp. No. 24 2146 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 5854001 585.01 Ch. 633 633.521 Ch. 650 650.02 705.101 et seq. 775,082,775.083 784.011 784.021 784.03 784.045 790.001 790.33 Section this Code 9-403 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, 6-2741 6-275, e-2 7 9 6-270, 6-272 20-1 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 17-105 17-105 STATE LAW REFERENCE TABLE F.S. Section Section this Code 791.01 17-105 Ch. 794 10-55, 10-73 Ch. 796 10-52, 10-55, 10-73 796.07 13-72, 13-74 12-100 Ch. 800 10-55, 10-73 800.03 12-100 806.101 7-3 806.13 12-100 810.02 13-74 810.09 17-109 812.131 13-74 812.014 13-74 812,019 13-74 817.32, 817.33 Ch. 10, Art, IV 823.041 17-107 823.14 19-320 Ch. 826 10-55, 10-73 Ch. 827 10-73 Ch. 828 Ch. 4 843.01 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 8490231 17-108 856,015 17408 865.09 10-68 865.09 10-61 874.03 13-721 13-74 Ch. 893 10-73 893.02 12-100 893.03 17-124 893.13 13-74 8931138 13-72, 13-74 Ch. 893 13-72 893.138 13-70 Ch. 895 10-73 9436085-9430255 2-68 943.25(13) 11-2(a), 11-2(b) Supp. No. 24 2147 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] [The next page is 2197] Supp. No. 24 2148 CODE INDEX Section F FALSE ALARMS Service fee ............................. 131-59 Waiver of fee ........................... 13-60 Warning notice ......................... 13-58 FENCES, WALLS, HEDGES AND ENCLOSURES Barbed wire permissible, when .......... 6-189 Building numbers to be affixed to walls, fences, etc, as 11*00444 14 so 004 IS pool 0 9-374 Construction material 1 ................. 6-187 Corner lots ............................. 6-191 Drainage ditch fence required, when..... 9-106 Exceptions to provisions ................ 6-188 Height limitations generally ............ 6-190 Maintenance of fences or walls .......... 6-195 Permit required ........................ 6486 Property line, distance from ............a 6-193 Provisions not controlling; exception ..... 6-194 Urban beautification .................... 2-76 et seq. See: URBAN BEAUTIFICATION Utility easements, a 4 6 11 1 a 0 0 1 6 a I I a 1 0 4 0 all 6-192 FERTILIZERS, PROPER USE OF Applicability ........................... 19-313 Application practices. I 1 0 4 0 a 11109904611po 19-318 Definitions ............................. 19-312 Enforcement, penalties, and legal proceed- ings ............................... 19-323 Exemptions ............................ 19-320 Fertilizer content and application rates .. 19-317 Fertilizer free zones .................... 19-315 Findings ..............................1 19-310 Licensing of commercial fertilizer applica- tors ............................... 19-322 Low maintenance zones., as 66, Its *04 04, 1 19-316 Management of grass clippings and vegeta- tive matter ........................ 19-319 Purpose and intent ..................... 19-311 Timing of fertilizer application .......... 19-314 Training ............................... 19-321 FINANCES Annual fire rescue assessments ......... 18-151 et seq. See: FIRE RESCUE ASSESSMENT Bids, bidding When written bids required; waiver; small purchases. 2-152 Budget Certain ordinances not affected by Code 1-7(7) Elections Electronic filing of campaign finance reports required ................ 2-97 Emergency procurement re state of emergency ........................ 2-255 Fee Certain ordinances not affected by Code 1-7(17) Old age and survivors' insurance contribu- tion, a 4 6 a I 1 0 4 0 0 0 4 1 1 1 1 4 1 0 0 0 1 1 1 1 1 4 1 0 0 14-28 Supp. No. 24 3117 Section FINANCES (Cont'd.) Payment of money Certain ordinances not affected by Code 1-7(2), (17) Purchasing Purchasing policy and procedure established ..................... 2451 When written bids required; waiver; small purchases, a 4 0 1 6 a 0 0 4 a I I **at 2-152 Stormwater management utility fund.... 19-167 FINES, FORFEITURES AND OTHER PENALTIES Certain ordinances not affected by Code . 1-7(1) Code does not affect prior forfeitures, penal- ties, etc* ........................... 1-9 Code enforcement citations .............. 2-69.1 et seq. Code violations General penalty; continuing violation; violations as public nuisances.... 1-15 Penalties for specific acts, omissions, etc. See specific subjects as indexed Repeal of ordinances, effect of ........... 1-8 FIRE AND EMERGENCY MEDICAL SERVICES Inclusion in Seminole County's fire and emergency services MSTU . . . . . . . . . 7-1 FIRE HYDRANTS. See: FIRE PREVEN- TION AND PROTECTION FIRE PREVENTION AND PROTECTION Annual fire rescue assessments ......... 18-151 et seq. See: FIRE RESCUE ASSESSMENT Buildings International Property Maintenance Code Preemption; Florida Building Code; Florida Fire and Life Safety Code ......................... 6-302 City parks and recreational areas Fires ................................ 17-110 Explosives,regulation of ................ 7-27 False alarms prohibited, 7-28 Fire alarm systems ..................... 13-51 et seq. See: ALARMS, ALARM SYSTEMS Fire and emergency medical services Inclusion in Seminole County's fire and emergency services MSTU ....... 7-1 Fire hydrants Approval and acceptance by city. 7-80 Installation specifications ............ 7-78 Land development Required prior to building on lots... 9-178 Obstruction of hydrants .............. 7-79 On site static water supplies.......... 7-81 Parking near prohibited .............. 12-65 Required ............................ 7-76 Responsibility for provision and maintenance, a 0 4 6 4114 1 0 a 1 0 1 0 4 1 1 1 7-77 WINTER SPRINGS CODE Section Section FIRE PREVENTION AND PROTECTION FLOOD DAMAGE PREVENTION (Cont'd.) (Cont'd.) Noncompliance, penalties for ............ 8-9 Florida Fire Prevention Code, local amend- Reducing flood losses, method of......... 8-3 ment to Regulatory floodways, standards for ..... 8-55 Appeal .............................. 7-50 Shallow flooding (AO zones), standards Automatic fire sprinkler systems...... 7-60 for areas of ........................ 8-53 Impact fee credits .................... 7-54 Small streams, standards for ............ 8-54 Procedure for ........................ 7-46 Special flood hazard Hydrants. See herein: Fire Hydrants Basis for establishing areas of ........ 8-5 Open-air burning regulated ............. 7-26 Designations, warning regarding area of.............................. 8-8 FIRE RESCUE ASSESSMENT Specific standards ...................... 8-52 Annual fire rescue assessments Statement of purpose and objectives ..... 8-2 Adoption of annual rate resolution .... 18-178 Variance procedure ..................... 8-34 Adoption of final assessment resolution 18-176 Violations, penalties .................... 8-9 Authorization for exemptions and hard- Warning regarding area of special flood ship assistance, 1 14 0 4 0 4 1 6 4 6 4 4 11 0 0 18-184 hazard designation ................ 8-8 Correction of errors and omissions .... 18-182 Effect of final assessment resolution .. 18-177 FLORIDA. See: STATE General authority .................... 18-171 Initial assessment roll ................ 18-173 FLORIDA STATUTES. See: F.S. • , riiiuiai,yroueeilii:gs ................... 18 FOLLOWING, PREGEDINU Interim assessments ................. 18-183 Definitions and rules of construction..... 1-2 Lien of fire rescue assessments ....... 18.179 Notice by mail ....................... 18-175 FORFEITURE. See: FINES, FORFEITURES Notice by publication. 4 6 4 . 1 6 6 6 18-174 AND OTHER PENALTIES Procedural irregularities I ............ 18-181 Revisions to fire rescue assessments .. 18-180 FOWL. See: ANIMALS AND FOWL Collection and use of fire rescue assess- FRANCHISES ments Alternative method of collection....... 18-202 Certain ordinances not affected by Code . 1-7(4) Government property 18-203 Tax in addition to franchise taxes ....... 18-29 Method of collection .................. 18-201 F.S. Definitions ............................. 18-151 Definitions and rules of construction..... 1-2 General findings. . 18-153 General provisions Alternative method .................. 18-212 G Applicability. 18-211 GAMBLING Interpretation .......................... 18-152 Legislative determinations of special benefit 18-154 City parks and recreational areas Alcoholic beverages/tobacco products; FIREARMS AND WEAPONS gambling ....................... 17-108 Declaration of a state of emergency...... 2-255 Noise disturbances prohibited GARAGE SALES Specific provisions ................... 13-31(g) At-home sales.......................... 10-137 FIREWORKS GARBAGE AND TRASH City parks and recreational areas Dumpsters ............................. 9-280, 9-281 Fireworks; destructive devices; weapons; Prohibitions ............................ 13-2 other potentially dangerous uses. 17-105 Solid waste. . 9 0 19-1 et seq. Regulation of explosives. 1 4 4 1 9 1 1 6 6 0 4 1 1 1 4 0 7-27 See: UTILITIES FLOOD DAMAGE PREVENTION GAS CODE Abrogation and greater restrictions ...... 8-6 Buildings Definitions ............................. 8-1 Florida building code Development permit .................... 8-33 Electrical, plumbing, mechanical and Floodplain administrator gas work ..................... 6-101 Designation of ....................... 8-31 Duties and responsibility of: ; 8-32 GAS, GASOLINE General standards......... 8-51 Flood damage control ................... 8-2 Interpretation .......................... 8-7 Municipal public service tax............. 18-26 et seq. Lands to which provisions apply......... 8-4 See: TAXATION Supp. No. 24 3118 CODE INDEX Section Section GENDER I Definitions and rules of construction..... 1-2 IMPACT FEES GLASSWARE Florida Fire Prevention Code, local amend - Prohibitions ............................ 13-2 ment to Impact fee credits .................... 7-54 GOLF CARTS Land development Operation of. 12-71 et seq. Police, fire, parks and recreation facili- See: MOTOR VEHICLES AND TRAF- ties, 1 0 6 1 1 If 1 0 0 0 4 1 1 1 1 0 a a 6 4 1 4 0 0 a I a 9-391 et seq. FIC Transportation impact fees .....:..... 9-386.1 et seq. GOLD See: LAND DEVELOPMENT Secondhand precious metals, P a 4 1 1 1 0 4 0 a 61 10-151 et seq. IMPROVEMENTS. See: PUBLIC WORKS See: SECONDHAND PRECIOUS AND IMPROVEMENTS METALS IN THE CITY GONGS Definitions and rules of construction..... 1-2 Noise provisions .......................1 13-32 IN WRITING, WRITTEN GOODS, WARES OR MERCHANDISE Definitions and rules of construction..... 1-2 Declaration of a state of emergency...... 2-255 Peddlers and solicitors requirements..... 10-136 et seq. INDEBTEDNESS OF CITY See: PEDDLERS, CANVASSERS AND Certain ordinances not affected by Code . 1-7(2) SOLICITORS INDECENCY AND OBSCENITY GRADES, GRADING Adult entertainment establishments, sexu- Certain ordinances not affected by Code . 14(6) ally oriented businesses Land development, street grades gener- Obscenity, indecent exposure unlawful 10-54 ally .............................. 0 9-148 INVENTORIES GRASS, LEAVES, UNDERBRUSH, ETC. City -owned property inventory .......... 2-192 Fertilizers, proper use of IRRIGATION SYSTEM Management of grass clippings and Reclaimed water system ................ 19-136 et seq. vegetative matter ............... 19-319 See: UTILITIES Land development requirements re grass 9-160 J H JOBS GROWTH INCENTIVE GRANT HANDBILLS PROGRAM Signs and advertising regulations gener- Legislative findings, 2-300 ally ............................... 16-26 et seq. Program requirements.................. 2-305 See: SIGNS AND ADVERTISING HEALTH AND SANITATION K Noise KENNELS Immediate threat to health and welfare 13-41 Zoning regulations . ..................... 20-416 Pain management clinics Requirements ........................ 10-181 L HEDGES. See: FENCES, WALLS, HEDGES LAKES AND ENCLOSURES Prohibitions, . 1 ......................... 13-2 HISTORICAL PRESERVATION Tree protection and preservation Definitions (historic, specimen trees),, 5-3 Specimen, historic trees .............. 5-8 HUNTING City parks and recreational areas Hunting/wildlife preservation and conservation .................... 17-106 HYDRANTS. See: FIRE PREVENTION AND PROTECTION Supp. No. 24 3119 CODE INDEX Section Section STREETS AND SIDEWALKS STREETS AND SIDEWALKS (Cont'd.) Access control .......................... 17-29 Uniform building numbering system..... 9-370 et seq. City parks and recreational areas ....... 17-100 et seq. See: BUILDINGS See: PARKS AND RECREATION Urban beautification .................... 2-76 et seq. Code violation See: URBAN BEAUTIFICATION Penalty by labor on street ............ 1-15 Vacating and abandoning streets and alleys 17-27 Dedicating, naming, establishing, etc., streets Violations, penalties .................... 17-31 Certain ordinances not affected by Code 1-7(5) Widening, vacating, etc., streets Definitions and rules of construction..... 1-2 Certain ordinances not affected by Code 1-7(5) Excavations Barricades, erection and lighting of ... 17-80 SUBDIVISIONS Bond required ....................... 17-77 Certain ordinances not affected by Code . 1-7(10),(12) Duty and liability of permit holder .... 17-79 Flood damage control standards ......... 8-51 Erection and lighting of barricades.... 17-80 Land development,,*,,, .. 014 . tea 1q49 66 1 9-1 et seq. Inspection ........................... 17-78 See: LAND DEVELOPMENT Permit required ...................... 1746 Zoning regulations generally ............ 20-1 et seq. Fences, etc., limitations for streets....... 6-191 See: ZONING Flood damage control ................... 8-2 Grades SUBSCRIPTION, SIGNATURE Certain ordinances not affected by Code 1-7(6) Definitions and rules of construction..... 1-2 Handbill distribution in public places prohibited, ........................ 16-29 SUITS, ACTIONS AND OTHER PROCEED - Intersections, obstruction of vision at .... 17-30 INGS Land development requirements for streets, Repeal of ordinances, effect of ........... 1-8 alleys, bridges, etc, . 0 0 6 *1,* 0 0 0 6 4 9-146 et seq. See: LAND DEVELOPMENT SURETY BONDS. See: BONDS, SURETY Littering OR PERFORMANCE Generally ............................ 13-2 Prohibited ........................... 17-28 SURVEYS, MAPS AND PLATS Locating, opening, paving, etc., streets Certain ordinances not affected by Code . 1-7(10) Certain ordinances not affected by Code 1-7(5) Land development platting requirements 9-1 et seq. New street; permit required, . 17-26 See: LAND DEVELOPMENT Obstructions Zoning map Street intersections, vision at ......... 17-30 Certain ordinances not affected by Code 1-7(15) Streets and sidewalks; permit required 17-1 Permits Working maps and procedures ........ 20-102 Awnings erected over sidewalks, permits SWEAR OR SWORN. See: OATH, AFFIRMA- re .. e : Sid . Sidewalks ............. 17-51 et seq. TION, SWEAR OR SWORN See herein: Sidewalks Excavation permits SWIMMING Duty and liability of permit holder . 17-79 City parks and recreational areas Generally ......................... 17-76 Bathing; scuba diving. New street; permit required .......... 17-26 n g' swimming; g • • • • 17-118 Obstructing streets and sidewalks; SWIMMING POOLS permit required ................. 17-1 Buildings Public places Florida building code Definitions and rules of construction .. 1-2 Electrical, plumbing, mechanical and Rights -of -way permit fee election ........ 18-31 Sidewalks gas work ..................... 6-101 At-home sales, . 10-137 Conflict with deed restrictions........... 6-223 Definitions and rules of construction .. 1-2 Contractor's qualifications .............. 6-214 Land development requirements ...... 9-221 Definitions ............................. 6-211 Permit for erection of awnings, etc., Florida Building Code .................. 6-210 over sidewalks Inspections, . I I I . 0 4 1 1 0 . * 0 6 1 1 9 0 0 4 1 1 . 0 4 1 V 0 6-213 Fee ............................... 17-52 Nuisances.............................. 6-222 Required; application .............. 17-51 Permit, application; plans and specifica- Transportation impact fees, . 0 a % 9-386.1 et seq. tions.............................. 6-212 See: LAND DEVELOPMENT Pool removal ........................... 6-220 Trees and shrubbery, removal prohibited. 17-28 Yards .................................. 6-219 Supp. No. 24 3131 TAXATION Annual fire rescue assessments ....... 1 . See: FIRE RESCUE ASSESSMENT Certain ordinances not affected by Code . Fire and emergency medical services Inclusion in Seminole County's fire and emergency services MSTU ...... . Local business tax receipts Limitation on term; half -year receipts. Local business tax receipts established Receipt year established. 1 1 6 4 0 Transfer of receipt ................... Local improvements assessments Alternative method .................. Assessed areas and advisory commit- tees Creation of advisory committees. . Definition of assessed areas ....... . Landowner petition process ....... . Collection of assessurentb Alternative method of collection ... . Government property* Method of collection ............... Responsibility for enforcement .... . Definitions ................. I ....... General findings .................... . Interpretation; title and citation ..... . Issuance of obligations Anticipation notes ................ . General authority ................. Refunding obligations ............. . Remedies of holders .............. . Taxing power not pledged ......... . Temporary obligations ............ . Terms of the obligations .......... . Trust funds ....................... Variable rate obligations .......... . Local improvement assessments Adoption of final local improvement assessment resolution........ . Annual local improvement assess- ment resolution .............4 Authority ......................... Correction of errors and omissions. . Effect of local improvement assess- ment resolutions ............ . Initial local improvement assess- ment resolution .............. Lien of assessments ............... Local improvement assessment roll . Notice by Mail. I 1 0 4 0 1 1 1 0 1 0 1 1 0 0 4 f I I 1 0 0 4 1 1 1 Publication ..................... Procedural irregularities........... Revisions to ....................... Related service assessments Adoption of final related service assessment resolution....... . WINTER SPRINGS CODE Section Section TAXATION (Cont'd.) Annual related service assessment resolution .................... 18-75 18-151 et seq. Authority ......................... 18-69 Correction of errors and omissions.. 18-80 1-7(7) Effect of related service assessment resolutions ................... 18-76 Initial related service assessment 7-1 resolution .................... 18-70 Lien of assessments ............... 18-77 10-28 Notice by 10-29 Mail ............................ 18-73 10-27 Publication ..................... 18-72 10-30 Procedural irregularities........... 18-79 Related service assessment roll..... 18-71 18-94 Revisions to related service assess- ments, . a 0 4 4 1 1 1 1 # 0 M 0 . I 1 18-78 Municipal public service tax 18-55 Collection by seller ................... 18-28 18-54 Exemptions .......................... 18-27 18-56 Interest and penalties, 18-30 Levy................................ 18-26 18-82 Rights -of -way permit fee election...... 18-31 18-84 Seller's records. . 9 1 1 d 4 0 0 0 4 0 1 18-29 18-81 18-83 TAXICABS. See: MOTOR VEHICLES AND 18-51 TT? AFFTC 18-53 18-52 TELEGRAPH Public service tax. . 18-26 et seq. 18-89 See: TAXATION 18-85 TELEPHONES 18-93 Emergency telephone number ........... 13-55 18-92 Flood damage control ................... 8-2 18-90 Public service tax, . 18-26 et seq. 18-88 See: TAXATION 18-86 18-91 TELEVISION 18-87 Dish antenna. 6-83 TERRITORY 18-62 Annexations Certain ordinances not affected by Code 1-7(9) 18.63 THEATERS 18-57 Adult entertainment establishments ..... 10-55 et seq. 18-68 See: ADULT ENTERTAINMENT ESTABLISHMENTS, SEXUALLY 18-64 ORIENTED BUSINESSES 18-58 TOBACCO AND TOBACCO PRODUCTS 18-65 City parks and recreational areas 18-59 Alcoholic beverages/tobacco products; gambling ....................... 17-108 18-61 TRAFFIC. See: MOTOR VEHICLES AND 60 TRAFFIC 18-66 TRAILERS. See: MOBILE HOMES AND MOBILE HOME PARKS 18-74 TRASH. See: GARBAGE AND TRASH Supp. No. 24 3132 CODE INDEX Section Section TREES AND SHRUBBERY UTILITIES (Cont'd.) Injuring city -owned shade trees ......... 11-4 Cross -connection control, backflow preven- Land development tion Clearing rights -of -way of trees ........ 9-129 Administration ...................... 19-153 Proper use of fertilizers ................. 19-310 et seq. Backflow prevention devices See: FERTILIZERS, PROPER USE OF Installation, testing and maintenance Streets, removal of trees and shrubbery on 17-28 of•• .......................... 19-155 Tree protection and preservation Changes to manual .................. 19-152 Applicability ........................ 6 5-1 Cross -connection violations and penal - Authorization to adopt rules, regula- ties* 4 1 4 9 1 0 1 4 4 1 9 0 0 a I I I 1 0 1 a I 1 0 4 a 6 a 19-156 tions, fees for implementation.... 5-19 Inspection and testing, right of access. 19-154 Calculating tree protection zone, (App. Intent .............................. 4 19-150 C to Chap. 5) Manual adopted by reference; compli- City arbor division. 5-5 ance required................... 19-151 Definitions .......................... 5-3 Fees. See herein: Rates, Fees and Charges Desirable trees, (App. B to Chap. 5) Fences, walls, etc., for utility easement .. 6492 Development, construction, protection Flood damage prevention requirements re during; periodic inspection....... 5-14 utilities ........................... 8-1 et seq. Enforcement; penalties ............... 548 See: FLOOD DAMAGE PREVENTION Intent, purpose ...................... 5-2 Land development Minimum tree requirement ........... 543 Utilities services to be underground, Permit required: tree removal, land exception ....................... 9404 clearing; separate violations; Water and sewer systems, require - criteria; contractor permit required 5-4 Permits ments for ....................... 9-261 Application, permit ................ 5-6 Industrial wastewater contribution Contents; expiration; removal after permit, I 1 0 4 0 1 1 1 0 1 0 6 1 1 0 0 0 6 1 1 1 0 0 0 4 19-52 expiration of permit .......... 5-12 proper use of fertilizers ................ 1 19-310 et seq. Prohibitions ......................... 5-10 See: FERTILIZERS, PROPER USE OF Remedial action, 5-17 Public service tax....................... 18-26 et seq. Specimen, historic trees .............. 5-8 See: TAXATION Tree protection area signage, (App. D Rates, fees and charges to Chap. 5) Wastewater system, I a I I 1 0 0 a 1 4 1 1 0 1 1 1 1 0 19-91 et seq. Tree pruning standards .............. 5-7 See herein: Wastewater System Tree replacement guidelines .......... 5-9 Reclaimed water system Undesirable trees, (App. A to Chap. 5) Definitions 19-136 .......................... Voluntary tree planting, V I I I I I a 0 0 4 a 1 4 a lanting............... 5-15 Inspection ........................... 19-140 Waivers; incentive program and appeals 546 Rates and charges ................... 19-138 Routing and construction, 19-137 TRESPASSING Service procedures, regulations ...... 1 19-139 Conditions constituting trespassing...... 11-3 Promulgation, enforcement of ...... 19-139 Utility protection, enforcement Septic tanks Trespass, 411110*06 064 1 to 0 19-303 Private septic tanks re wastewater system ........................1 19-29 U Sewers. See herein: Wastewater System Solid waste URBAN BEAUTIFICATION Garbage service to be provided for City manager's duties; use of existing city certain tenants ................. 19-1 boards and committees, V 4 1 1 1 4 1 0 1 4 6 1 2-77 Solid waste collection and disposal Master beautification plan; recommenda- authority; establishment of civil tions to city commission............ 2-78 citation penalty for violations, I I 1 19-3 Purpose and intent ..................... 2-76 Solid waste services; rates; penalties and enforcement for nonpayment 19-2 UTILITIES Stormwater management utility Charges. See herein: Rates, Fees and Adjustment of fees .................. 1 19-166 Charges Billing, payment, penalties, enforce- Concurrency administration and evalua- ment........................... 19-165 tion procedure Definitions .......................... 19-162 Level of service standards (LOS) ...... 9-510 et seq. Director (of public works) See: LAND DEVELOPMENT Powers, duties, responsibilities ..... 19-168 Supp. No. 24 3133 UTILITIES (C011 * Discharges into natural waters, municipal storm sewer system .. . Enforcement, penalties, legal proceed- ings............................ Fee created .......................... High risk screening .................. Illicit discharges, connections (prohibi- tion). . 6 1 0 0 4 9 1 6 1 0 * 4 1 a 0 6 0 4 . 1 6 6 0 4 0 1 Industrial, commercial, construction activities; stormwater discharges from. . 0 4 1 1 6 0 4 446 6 4 0 4 V 1 6 4 4 * . I I a 4 0 Inspection, monitoring for compliance, operational maintenance ....... 6 Interconnected municipal storm sewer systems Control of pollutant contributions from......................... Prohibited acts, generally. . Purpose;intent ...................... Rates, schedule of. Stormwater management utility fund . Title................................ Utility protection, enforcement Enforcement ......................... Meters furnished by, remain property of city; all water must pass through meter.......................... Right of entry of authorized agents, employees ...................... Tampering with city utility system ... . Trespass. 0 4 0 1 1 1 6 0 4 1 1 1 6 0 1 1 0 4 0 4 0 1 1 1 Wastewater system Accidental discharge protection ...... . Charges. See herein: Rates, Fees and Charges Contaminants prohibited ............ . Definitions .......................... Discharges prohibited ................ Enforcement ......................... Enforcement board, ................. . Fees. See herein: Rates, Fees and Charges Industrial wastewater contribution permit. . I I I 1 0 4 0 4 11 6 4 6 4 4 1 1 0 M 0 4 V I I Inspection and monitoring............ Penalties and charges ............... . Pretreatment ........................ Private septic tanks ................. . Public sewers, required use of ....... . Rates, fees and charges Annual rate review ............... . Appeals........................... Application requirements ......... . Billing, payment, delinquency ..... . Conservation methods ............. Definitions ....................... . Intent. . 1 6 6 0 Office hours ....................... Penalties and charges ............. . WINTER SPRINGS CODE Section UTILITIES (Cont'd.) Policy for bill adjustments for 19-170 unexplained excessive use..... Revenue .......................... 19-175 Sewerage revenue generation system 19-163 Accountant certification of 19-174 adequate maintenance ..... Accounts established ............ 19-171 Deposits ........................ Expenditures ................... User charge 19-170.5 Generally ....................... Schedule ....................... 19-173 System ......................... Septic tanks, private ................ . Sewerage revenue generation system Accountant certification of adequate 19-172 maintenance ................. 19-169 Accounts established, . 0 M 0 . I . 1 6 1 6 19-161.5 Deposits .......................... 19-164 Expenditures, 1''.. 0*11,111, 14 $411, 19-167 Use of wastewater system ........... . 19-161 Water conservation and landscape irriga- tion. . 1 0 4 1 1 0 6 0 9 0 0 1 1 6 & 6 0 * 0 . I V 6 1 6 0 0 0 4 19-52 VENDORS. See: PEDDLERS, CANVASS- 19-51 ERS AND SOLICITORS 19-31 19-73 VOTES, VOTING. See: ELECTIONS 19-29 19-28 W 19-99 WALLS. See: FENCES, WALLS, HEDGES 19-98 AND ENCLOSURES 19-100 19-97 WARES. See: GOODS, WARES OR 19-94 MERCHANDISE 19-91 WARRANTS. See: WRITS, WARRANTS AND 19-92 OTHER PROCESSES 19-101 19-31 WASTEWATER. See: UTILITIES Supp. No. 04 3134 Section 19-98.5 19-95 19-129 19-126 19-127 19-128 19-96 19-102 19-93 19-29 19-251 et seq. 19-202 19-201 19-205 19-206 19-203 19-200 19-207 19-208 19-204 CODE INDEX Section WATER AND SEWERS. See also: UTILI- TIES Concurrency administration and evalua- tion procedure Level of service standards (LOS) ...... 9-510 et seq. See: LAND DEVELOPMENT Declaration of a state of emergency; water use restrictions .................... 2-255 Reclaimed water system ................ 19-136 et seq. See: UTILITIES Water shortage conditions and shortages. 19-200 et seq. See: UTILITIES Supp. No. 24 3134.1 Section