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Home My WebLink AboutSupplement No.23SUPPLEMENT N0.23 May 2017 CODE OF ORDINANCES City of WINTER SPRINGS, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time tln•ough: Ordinance No. 2016405 enacted December 12, 2016. See the Code Comparative Table for further information. Insert New Pages Remove Old Pages ix- xiv ix—x1v SH:1, SH:2 133-136 13% 140 313-322 607-622 6255626 915, 816 8215822 8295830 2105 2145-2147 3113, 3114 3119 3125, 3126 Checklist of up-to-date 133-136 139-140.16 313-322-- 607-622 55626 815, 816 821, 822 829-834 2105 2145-2147 3113-3114.1 3119 3125, 3126 ert and maintain this instruction sheet in front of this publi Inscation. File removed pages for reference. • TABLE OF CONTENTS Current Officials of the City ................... . ............. Preface............................................ Adopting Ordinance ...................••• ................. Checklist of UpAo-Date Pages ........ . Supplement History Table ........ • • • • " " " PART I CHARTER Charter...................................................0 Art. I. Corporate Name ................. Art. II. Territorial Boundaries ..................... . Art. III. Powers of the City ........................ Art. IV. Governing Body.••••••••••••"""" Art. V. City Manager ............................ Art. VI, Administrative Departments* a 0 0 0 * a 0 * 0 0 0 . Art. VII. Financial Procedure ............... • • • • • • Art. VIII. Nominations and Elections ............... . Art. IX. Initiative and Referendum ................. . Art. X. Amendments .......................... Art. XI. Severability..... • • • • • • " " " Art. XII. Powers ..... • • • • " " " " . Art. XIII. Transitional Provisions ................. 0 . Charter Comparative Table ................... • • • • • • • • • • • • • ' ' PART II CODE OF ORDINANCES Chapter 1. General Provisions ...................................... 2. Administration .................................. Art. I. In General ......................... . Art. II. City Commission ................ . Art, III, Boards, Committees, Commissions ......... . Div. 1. Generally ............................... Div. 2. Code Enforcement* 4 4 0 P 6 6 . ............... Subdiv. A. Code Enforcement .............. . Subdiv. B. Citations ............ . ........... ...................... Div. 3. Reserved.......... Div. 4. Urban Beautification ................... Art. IV. Elections .................................. Art. V. Annexations and Rezoning ..... • Supp. No. 23 ix 1 3 3 3 3 8 9 9 11 12 14 14 14 14 67 77 133 137 138 140.14 140.14 143 143 144.6 146 146 146.1 148 7. �7 WINTER SPRINGS CODE Chapter Art. VI. Finance toot. , • , , Page Div. 1. Generally ....... ........................ 148 Div 2. Purchasing...... 148 Div, 3. City -Owned Personal Propert148 Art, VII. Emergency Management,P y ' ' ' ' • • • • 148.1 , Div. L Generally " " " " " " 149 Div. 2. Conditions of Emergency, . a a 0 0 0 a 0 0 ' ' ' ' ' 152 Art. VIII. Jobs Growth Incentive Grant Program. , 3. Alcoholic Beverages toot , 153 4. Animals ............... . ••••••.,..�.••••••••0••Soot •0•" 257 5• Tree Protection and Preservation.. APP• A. Undesirable Trees . 0 9 9 0 • ' ' ' ' ' ' ' ' ' ' ' 309 APp. B. Desirable Trees " " " " " 327 APP• C• Caculating Tree Protection Zone........ 329 APP• D• Tree Pr .. 0fPCf4r% A.q, , r• 334 ,� .a.lUa �Jignage .............. . 6. Buildings and Building Regulations toot.. 353 Art, I. In General " " " " " " 367 Art. II. Administration . 367 Div. I Generally 367 Div. 2. Reserved.. 367 Art. III. Building Construction Standards 384 Art. IV. Electrical, Plumbing, Mechanical and Gas . , 384 Art. V. Fences, Walls Hedges ......... 389 Art, VI. Swimming Pools 390 Art. VII. Citations; Unlicensed Contractors; Failure to 381 Obtain Building Permit....... Art. VIII. International Property Maintenance Code . 393 396 Fire Prevention and Protection.......... Art. I. Fire and Emergency Medical Services.. 433 Art. II. In General 435 Art. III. Local Amendment to the Florida Fire Preven. 435 tion Code. ..,,,,• Art. IV. Fire Hydrants.....,,sommos " " " " 436 Flood Damage Prevention,....................... 437 .... . Art. I. In General " " " " 493 00 Art. II. Administration 495 Art. III. Standards toot. toot 501 Development .....•. Land Develo 504 ,, Art. I. In General " " " " " 555 Art. II. Procedure for SecuringA 561 Plats..... Approval of Plans and Div. 1. Generally ............................... 564.2 Div. 2. Preliminary Plan. 564.2 Div 3. Final Development Plan, Final Plat . , • 564.2 Art. III. Design Standards toot. , , , • , 566 Div. I. Generally ........... 569 toot.. 569 Supp. No. 23 E� Chapter 10 11. TABLE OF CONTENTS—Uont'd. Div. 2. Lots and Blocks .................... Div. 3. Streets and Alleys ....................... Art. IV. Required Improvements ................ • : ; Div. 1. Generally ............................ 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 ........ 0 . Div. 7. Dumpsters .............................. Art. V. Design Standards ........................::: Art. VI. Site Plan Review ...••••••••• ••••"""' Div. 1. Generally ••• " •Board.. ••••&•••"' .... Div. 2. Site Plan Review N• Art. VII. Uniform Building Numbering System . Art. VIII. Impact Fees ............................ • Div. 1. Generally ............................. Div. 2. Transportation Facilities ................ . Div. 3, Police, Fire, and Parks and Recreation ... • Div. 4. Reserved ............................•••• Art. IX. Vested Rights • • • • • • . ' • ' ' ' • • and Evaluation 12. Art. X. Concurrency Administr Procedure .......................... Div. 1. Overview and Exemptions .............. . Div. 2. Levels of Service Standards (LOS)...... 0 . Div. 3. Concurrency Administration ............ . Div. 4. Appeal Procedures ....................... Div. 5. Transportation Facility Proportionate Fair- ..... Share Mitigation Program .......... ation Art. XI. Nonconformities.. • • • • • • ' ' Appearance and Art. XII. Minimum Community App Aesthetic Review Standards ......... • Licenses and Business Regulations .............•••••;::: Art. I. In General ............................. Art. II. 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 ............ Miscellaneous Offenses ........ • • • • • • • • • • ' • " Motor Vehicles and Traffic ...... 0 • • • • • 4 0 Art. I. In General .......................... . Art. II. Administration .....•••••••••••••""' Art. III. Regulations ............................ Div. 1. Generally ........... • • • • • " " Supp. No. 23 xi Page 571 572 576 576 579 582 582.1 584.1 585 591 592 604 604 604 605 607 607 608 627 631 632 638 638 641 643 644 644.1 644.E 693 695 695 696 735 735 737 738 761 815 817 818 820 820 WINTER SPRINGS CODE Chapter Div. 2. Sto Page Aping, Standing, Parking .. , , • , , • • , Div, 3. Operation of Golf Carts .. , • , , 822 Art, IV. Red Light Code Enforcement Infraction.. • • • • 824 Art. V. Impoundment of Motor Vehicles... • • • , • 826.1 13. Nuisances .... , 829 Art, I. In General 873 Art, II. Noise ...................................... 875 Div. L Generally ....... ........................ 879 Div 2. Powers and Duties of Noise Control Officer 879 DiV. 3. Prohibited Acts..... , 881 Div, 4. Exceptions and Variances, N 0 a 0 4 0 0 0 882 Div. 5. Sound Levels by Receiving Land Use ..... 883 Div. 6. Measurement Procedures .. • . 885 Div. 7. Enforcement . 885 Art, III. Fire and Security Alarms.886 Aj"t• V 0 Pviisceiianeous Auisances..... . ao7 Art. V. Public Nuisance Abatement Board ..... • .89 9 8 14. Personnel.......... 890 Art. I. In General ' 931 Ay i f II. Old Age and Survivors Insurance, , , , • , 933 Art. III. Pension Plan ...... 933 15. Planning ........... 934 Art, I. In General 985 Art, II. Comprehensive Plan . 987 o Art, III. Comprehensive Plan Amendments ........ 987 16. Signs and Advertisin 987 Advertising, Art. I. In General ................................. 1041 No @ON Art. II. Distribution of Handbills and Periodicals.. • • • 1043 Art. III. Signs......, 1043 Div. 1. Generally ........ ....................... 1045 Div. 2. Standards... 1045 ....................... 17. Streets, Sidewalks and Other Public Places ... • 1052 Art. I. In General . 1101 Art. H. Streets .. " " " " " 1103 Art. III. Sidewalks ..9No* .................. " " 1103 Art. IV. Excavations,, " " " " " " 1105 Art, V. City Parks and Recreational Areas , • , 1105 18. Taxation ...... , " ' 1106 Art, I. In General . a 0 1157 Art, H. Municipal Public Service Tax ...... 1159 Art. III. Local Improvements Assessments ... • , ; 1159 Div. 1. Generally . , , , , 1162 Div. 2. Assessed Areas and Advisory Committees, 116 Div. 3. Local Improvement Assessments .. • • 1164 Div. 4. Related Service Assessments .. , • 1166 Div. 5. Collection of Assessments ... , • , 1169 1173 Supp. No. 23 xii TABLE OF CONTENTS-Contd. Page Chapter 1175 Div. 6. Issuance of Obligations ............. • 1176 Div, 7 • General Provisions • • • • • • • • • • ca ' to ' Div. 8. Specific Special Assessment Disticts and 1176 Areas..•••.•••••••••••...........• 1177 Art, IV. Fire Rescue Assessment ..... • • • • • 1177 Div. 1. Introduction ....................... • • 1180 Div. 2, Annual Fire Rescue Assessments ....... Div. 3. Collection and Use of Fire Rescue Assess: 1186 ments .••••••..••.••.•••••••••••....• 1189 Div. 4. General Provisions .... • ...... 0 • . . a t 0 0 t a 0 1227 19. Utilities .• ........................•••..•••••••••••..... 1230.1 Art• I. Solid Waste ..••..••.....••..••.••••. 1230.2 Art, II. Wastewater System ........ • ........ •to 1230.2 Div. 1. Generally •.•.•.............••••• a a W 9 0 0 1232.1 Div. 2. Administration ............. • • . • • • • ' ' ' ' ' 1235 Div. 3. Use Regulations .....••........••.••••••t 1238 Div. 4. Rates, Fees and Charges ....... %ys0te • • • ' 1252 Div. 5. Sewerage Revenue Generation System. • :: 1252.1 Art* III. Reclaimed Water System • . • . • • • .. • • • • • • • 1254 Art* IV• Potable Water Supply........... to • • • .. • • • • • 1254 Div. 1. Generally .. • .................l.. • ... • • . Div. 2. Cross -Connection Control, Backflow Prevent 1254 tion.. 1255 Art. V. Stormwater Management Utility ........ • • • • ' 1260.7 Art. VI. Water Shortage Conditions and Shortages .. . Art. VII. Water Conservation and Landsacape Irriga- 1263 tion 0*4 * go * 0 00 4 to 041266 Art• VIII• Utility Protection and Enforcement • • 1305 20• Zoning ................................................. 1311 Art• I. In General ...................... 1316 Art* II. Administration ................ . 1316 Div. 1. Procedure; Land Use Decisions • • • • • • • ' ' ' ' 1322.1 Div. 2. Planning and Zoning Board . • • ... • • • • ' ' ' ' 1323 Div. 3. Reserved ...........................•••• 1323 Art. III. Establishment of Districts ............. 9 • • • 1323 Div. 1. Generally .................. • • 9 • • • • • ' ' 1325 Div. 24 R-lAAA Single -Family Dwelling Districts • 1326 Div. 3. R-CI Single -Family Dwelling District Div, 4. R-IAA and R-IA One -Family Dwelling 1327 Districts •••••••.•......••.••........• 1329 Div. 5• R-1 One -Family Dwelling Districts • • • • • • • 1330 Div. 6. R-3 Multiple -Family Dwelling Districts • • • 1331 Div. 7. C-1 Neighborhood Commercial Districts 1332.2 Div. 8. C-2 General Commercial District .. • • • ' ' 1336.2 Div. 8.5. I-1 Light Industrial District . • • • • • • ' ' ' ' • 1336.4 Div. 9. R-U Rural Urban Dwelling Districts • • • • ' ' 1336.5 Div. 10. T-i Trailer Home Districts ..... • ... • • • • ' 1337 e Home Park Districts . Div. 11. R-T Mobil ...... . Supp. No. 23 xiii WINTER SPRINGS CODE Chapter Div. 12. Town Center District Code.* , , Page Div. 13. Greeneway Interchange Zoning District. , 1341 Div, 14. CC Commerce Center Zoning District . , 1344 Div. 15. C-3 Highway 19-92 Commercial District . 134 48 Art, IV. Planned Unit Developments ... , • • • 1350 Art, V. Supplemental District Regulations , , • 13 Div. 1. Generally ....... 1355 Div. 2. Motor Vehicles 1355 Div. 3. Siting and Regulation of 1359 Telecommunications Towers.... . Div. 4. Regulation of Home Occupations or Home 1370.3 Offices Art. VI. S.R. 434 Corridor Vision Plan..% 1380 Div, I. S.R. 434 Corridor Overlay District..... • , . 1382 Div. 2. General Design Standards for New Develop- 1382 ment Area . Div. 3. Reserved.. 1382 Div. 4. Reserved..., 1386 Code Comparative Table— 1974 Cod1386 e•.,,,, Code Conipai-aWve Table —Ordinances .............. . 093 State Law Reference Table .. , , , , 2 Charter Index .............. ........................... 2145 45 Code Index ............................................. 21973101 Supp. No. 23 XiV Checklist of Up -to -Date Pages is checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Pa a No. Supp. No. Page No. Supp. No. g 22 79, 80 OC Title page OC 22 81, 82 4 v, vi OC 83 23 * 0 viii OC 133, 134 v 23 135, 136 23 ix, x 17 xi, xii 23 137, 138 23 139, 140 23 xiii, xiv 23 SH:1, SH:2 23 140.1, 140.2 23 1 2 16 140.3, 140.4 16 140.5, 140.6 23 354 23 5, 6 23 16 140.7, 140.8 5 8 16 140.9, 140.10 23 9, 10 16 140.115 140.12 16 140A3, 140.14 23 I1, 12 23 13, 14 16 140.155 140.16 12 141, 142 22 15, 16 22 17, 18 12 143, 144 12 144.1, 144.2 22 1% 20 22 21 22 144.3, 144.4 16 144.5, 144.6 22 67 22 77 78 4 144.7, 144.8 [1] Supp. No. 23 WINTER SPRINGS CODE Page No. Supp. No, Page No. Su No. 144.95 144.10 22 365, 366 pp� 144.11, 144.12 22 22 367, 368 19 145, 146 19 369, 370 146.1, 146.2 19 19 371,372 19 147,148 20 373, 374 148.1, 148.2 19 15 375,376 19 149,150 OC 377, 378 151,152 19 18 379,380 19 153,154 18 381, 382 155,156 19 18 383,384 19 2035204 4 385, 386 205,206 19 207 ?OR 4 387, 388 19 4 389,390 21 257 OC 390.1, 390.2 259 21 OC 3915392 19 309, 310 18 3935394 311,312 18 395 396 19 313, 314 22 23 3975398 22 315, 316 23 433, 434 317, 318 14 23 4353436 22 319, 320 23 437, 438 321, 322 22 23 439,440 OC 323, 324 18 441, 442 325, 326 OC 22 493,494 3 327, 328 5 495,496 329, 330 5 497, 498 12 331, 332 12 5 4995500 12 333, 334 5 501, 502 335,336 12 5 502.1, 502.2 12 337, 338 5 503, 504 339, 340 1 5 5055506 341, 342 5 507 1 343,344 1 5 5555556 345, 346 5 557, 558 9 347, 348 22 5 5593560 18 349, 350 5 561, 562 351,352 16 5 5635564 22 353 5 564.1, 564.2 16 [2] Supp. No. 23 CHECKLIST OF uF-1 U-DATE PAGES age No. Supp. No. Page No. Supp. No. g 16 6355636 OC 564.3, 564.4 565, 566 OC 6375638 2 67,568 OC 63% 640 10 69,570 OC 641,642 10 715572 OC 6435644 10 573,574 17 644.15 644.2 10 575,576 OC 644.3, 644.4 10 577,578 OC 644.55 644.6 10 5795580 OC 6455646 11 581,582 6 647,648 5 582.1, 582.2 6 6495650 15 583,584 1 651,652 10 584.15 584.2 3 693,694 19 585,586 OC 695,696 10 587, 588 OC 696.13 696.2 10 589, 590 16 6975698 5 16 699, 700 5 591,592 592.1, 592.2 3 701, 702 5 OC 703, 704 5 593,594 OC 705,706 10 595,596 59OC 7075708 5 597, 597, 598 OC 7095710 10 601, 602 OC 7111712 5 603, 604 OC 7135714 5 605, 606 2 7155716 10 607, 608 23 717,718 5 609, 610 23 7193720 5 2 23 7215722 5 6115612 613, 6123 723,724 5 615, 616 23 725,726 10 617, 618 23 7275729 5 619, 620 23 7295730 5 621,622 23 7315732 10 6235624 15 733, 734 10 625,626 23 735,736 10 627,628 18 737,738 19 6295630 18 7615762 17 631,632 18 763,764 17 [3] Supp. No. 23 WINTER SPRINGS CODE Page No. Supp. No. Page No. Su No. 815,816 23 1056.3, 1056.4 pp 8175818 21 OC 1057, 1058 19 819,820 7 1059 19 821, 822 23 11015 1102 18 823, 824 22 1103, 1104 1 g 825, 826 22 1105, 1106 18 826.1, 826.2 21 1107, 1108 1 g 827, 828 16 1109, 1110 18 8295830 23 1111, 1112 22 831,832 23 1113, 1114 22 8335 834 23 1157, 1158 12 873,874 19 1158.15 1158.2 12 875, 075 6 11593 1160 2 877,878 22 1161, 1162 2 8791 880 22 116201, 1162.2 3 880.1, 880.2 22 1163, 1164 881, 882 OC 19 1165, 1166 17 883,884 19 1167, 1168 OC 885,886 22 1169, 1170 OC 887,888 22 1171, 1172 OC 888.11 888.2 22 1173, 1174 OC 889,890 19 1175, 1176 4 891, 892 19 11775 1178 12 893,894 19 117% 1180 12 931,932 3 1181, 1182 12 9335934 16 1183, 1184 12 9855 986 19 1185, 1186 12 9875988 19 1187, 1188 12 989 19 1189 12 1041, 1042 19 1227, 1228 20 1043, 1044 OC 1229, 1230 20 1045, 1046 19 123061, 1230.2 20 1047, 1048 19 1231, 1232 22 10495 1050 19 1232.1, 1232.2 22 1051, 1052 20 1233, 1234 OC 1053, 1054 20 1235, 1236 OC 10555 1056 21 1237, 1238 OC 1056.1, 1056.2 21 1239, 1240 OC [4) Supp. No. 23 CHECKLIST OF UP-TO-DATE PAGES age No. Supp. No. Page No. Supp. No. g 241, 1242 18 1335, 1336 22 1 1243, 1244 18 1336.1, 1336.2 20 1245, 1246 18 1336035 1336.4 20 18 1336.5, 1336.6 20 1246.1, 1246.2 1247, 1248 15 1337, 1338 OC 1249, 1250 15 1339, 1340 OC 1251, 1252 18 1341, 1342 18 1252.1, 1252.2 16 1342.15 1342.2 18 1253, 1254 16 1342.3, 1342.4 18 1255, 1256 16 1342.5, 1342.6 18 1257, 1258 16 1342975 1342.8 18 125% 1260 16 1342,95 1342010 18 1260.15 1260.2 6 1342.115 1342.12 18 6 1342.13, 1342.14 18 1260.3, 1260.4 1260.5, 1260.6 22 13429155 1342.16 22 22 13429175 1342.18 22 1260.7, 1260.8 1261, 1262 3 1342.195 1342.20 18 12635 1264 16 13424215 1342022 18 1265, 1266 16 1342.23, 1342924 18 1267, 1268 16 1342.25, 1342026 18 1305, 1306 22 1342,275 1342928 18 1307, 1308 22 1342.2% 1342.30 18 13095 1310 22 1342031, 1342032 18 1311, 1312 22 1342.33, 1342034 18 1313, 1314 22 1342.35, 1342936 18 13155 1316 22 1342.36015 1342.36.2 18 1316.15 1316.2 22 1342.36.3, 1342.36.4 18 16 1342.36.5, 134243696 18 1317, 1318 131951320 16 134243667, 1342.3698 18 1321, 1322 22 1342.36.9, 134236.10 18 1322.1, 1322.2 22 1342.36411, 1342.36.12 18 1323, 1324 16 1342.36.135 1342.36.14 18 1325, 1326 20 1342.36.155 1342036.16 18 1327, 1328 20 1342.36.17, 1342.36.18 18 1329, 1330 20 1342.36.1% 1342036.20 18 1331, 1332 20 1342.36021, 1342436922 18 1332011 1332.2 22 1342.36.23, 1342.36624 18 1333, 1334 22 1342.36.25, 1342036626 18 [5] Supp. No. 23 WINTER SPRINGS CODE Page No. Supp. No. Page No. Su No. 1342.36.27, 1342.36.28 18 1382015 1382.2 PP 1342.36.29, 1342.36.30 18 1383, 1384 22 21 1342436.315 1342036.32 18 1385, 1386 21 1342.36.33, 1342.3634 18 1405, 1406 1342.36.35, 1342.36.36 18 1407 1 134236.375 1342.36.38 18 2091, 2092 1 1342.36,399 1342.36.40 18 2093, 2094 OC OC 1342.36.415 134236.42 18 2095, 2096 O 1342.36.435 1342.36.44 18 2097, 2098 9 1342.36.45, 1342.36.46 18 2099, 2100 9 9 1342.36.47, 1342.36048 18 2101, 2102 1342.36.49, 1342.36.50 18 18 2103, 2104 21 134236.51, 1✓�2.JV.JG 18 2105 1342.36.53, 1342.36.54 23 18 2145, 2146 23 1342036.5531342.36.56 18 2147 23 1343, 1344 21 2197, 2198 16 1�n5,1346 21 2199 16 1346.1, 1346.2 21 3111, 3112 19 1346.3, 1346.4 21 3113, 3114 23 1347, 1348 22, Rev. 3114.1 23 1349, 1350 22 3115, 3116 22 1350415 1350.2 22 3117, 3118 20 13515 1352 20 3119 23 13535 1354 20 3121, 3122 18 135551356 20 3123 19 1357, 1358 20 3125, 3126 23 135951360 21 3127,3128 22 1361, 1362 21 3129, 3130 20 1363, 1364 22 3130.1 20 1365 22 3131, 3132 19 1370.1, 1370.2 15 3133, 3134 20 137003) 1370.4 15 3135, 3136 22 1371, 1372 10 3137 22 1373,1374 16 313% 3140 21 1375, 1376 10 1377, 1378 10 1379, 1380 18 1381, 1382 22 [6] Supp. No. 23 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." In addition, 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. 2010-03 4-12-10 Include 16 2010-06 8-2340 Include 16 2010-07 8-2340 Include 16 2010-08 10-25-10 Include 16 2010-09 4-2640 Include 16 2010-11 4-26-10 Include 16 201043 6-2840 Include 16 2010-14 5-24-10 Include 16 2010-19 8- 940 Include 16 2010-21 94340 Include 16 2011-02 5- 9-11 Include 17 2011-04 24441 Include 17 2011-05 2-2841 Include 17 2011-06 6-27-11 Include 17 2011-09 741-11 Include 17 201140 7-2541 Include 17 2011-11 8-22-11 Include 18 201143 9-2641 Include 18 2011-08 104041 Include 18 201144 10-10-11 Include 18 201145 1-23-12 Include 18 201146 2-2742 Include 18 2012-02 1-2342 Include 18 2012-06 342-12 Include 18 2012-07 2-27-12 Include 18 2012-08 5-2942 Include 19 2012-09 7-23-12 Include 19 2012-10 843-12 Include 19 2012-11 940-12 Include 19 201242 940-12 Include 19 2012-15 10- 8-12 Include 19 2012-16 114942 Include 19 2013-02 2-25-13 Include 19 Supp. No. 23 SH:l WINTER SPRINGS CODE Ord. No. Date Adopted Include/ Omit 2013-03 3-1143 Include 2013-07 9- 943 Include 2013-08 8-1243 Include 2013-09 9- 943 Include 201341 3-1044 Include 201342 542-14 Include 2013-17 1148-13 Include 2013-18 12- 9-13 Include 2014-03 3-24-14 Include 2014-06 3-10-14 Include 2014-09 4-2844 Include 2014-11 54244 Include 2014-10 7-28-14 Include 9n1 A 1 0 2014-13 201445 201448 2014-21 2014-24 2014-32 2014-34 2015-01 2015-04 2015-07 2015-09 2015-12 201545 201549 2015-20 2015-21 2015-22 2016-05 2016-07 2016-01 2016-03 2016-09 2016-10 _j !-Gt7-14 - 7-28-14 9-28-14 9-8-14 10-13-14 10-27-14 14245 12- 844 2-2246 3-23-15 1-2645 4-13-15 4-27-15 1-25-16 9-14-15 10-2645 104245 10-2645 2-22-16 44146 7-25-16 7-2546 10-10-16 12-12-16 Supp. No. 23 SH:2 Itlrli�rin Include Omit Omit Omit Include Include Include Include Include Include Include Include Include Include Include Include Include Include Include Include Include Include Include Supp, No. 19 19 20 20 20 20 20 21 nt 22 22 22 22 22 22 22 22 22 23 23 23 23 Chapter 2 ADMINISTRATION* Article I. In General Sec. 2-1. Abandoned property; disposition by city. Sec. 2-2. Use of city facilities; fees. Secs. 2-3-2-25. Reserved. Article II. City Commission Sec. 2-26. Recall of elected officials. Sec. 2-27. Rules and procedures of the city commission -Generally. Sec. 2-28. Addressing the mayor and city commission. Sec. 2-29. Additional rules of conduct. Sec. 2-30. Quasi-judicial rules and procedures of the city commission. Sec. 2-31. Savings clause; waiver of rules and procedures. Secs. 2-32-2-40. Reserved, Article III. Boards, Committees, Commissions Division 1. Generally Sec. 2-41. Appointments of boards and committees. Sec. 2-42. Time of meeting adjournment. Sec. 2-43. Bicycle and pedestrian advisory committee -Creation; composi- tion; appointment of members. Sec. 244. Purpose and duties. Sec. 2-45. Parks and recreation advisory committee -Creation; composi- tion; appointment of members. Sec. 2-46. Purpose and duties. Secs. 2-47-2-55. Reserved. Division 2. Code Enforcement Subdivision A. Code Enforcement Sec. 2-56. Intent. Sec. 2-57. Definitions. Sec. 2-58. Code enforcement board and special magistrates. Sec. 2-59. Powers of code enforcement board and special magistrates. Sec. 2-60. Enforcement procedures. Sec. 2-61. Service of notice. Sec. 2-61.5. Application for satisfaction, reduction or release of code enforce- ment liens. Sec. 2-62. Scheduling and conduct of hearing. Sec. 2-63. Administrative fines; costs of repairs; and filing of liens. Sec. 2-64. Duration of lien. Sec. 2-65. Appeal of code enforcement board or special magistrate's order. Sec. 2-65.1. Provisions are supplemental. *Editor's note -The city commission has by various ordinances chosen not to have certain county ordinances in effect within the city. These ordinances are on File in the city clerk's office. t§ 7-26 q ; Cross references -Alcoholic beverages, Ch. 3; city forestry office established, § 5-2; fire departmen, et se uniform street numbering system, § 9-370 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; personnel, Ch. 14; taxation, Ch. 18; utilities, Ch. 19. State law reference -Municipal home rule powers act, F.S. ch. 166. Supp. No. 23 133 WINTER SPRINGS CODE Sec. 2-65.2. Additional enforcement powers. Subdivision B. Citations Sec, 2-66, Intent. Sec, 2-67. Definitions. Sec, 2-68. Designation, qualifications and training of code enforcement officers. Sec. 2-69. Authority of code enforcement officers. Sec. 2-69.1. Citation procedure. Sec. 2-69.2. Delivery of warning notices and citations. Sec. 2-69.3. Violation classification and civil penalty. Sec. 2-69.4. Schedule of violations. Sec. 2-69.5. Procedures to pay or contest citations. Sec. 2-69.6. Citation contents. Sec. 2-69.7. Disposition of citations and civil penalties. Sec. 2-69.8. Provisions supplemental. Division 3. Reserved SCCS, 2-70-2-73. R.eserva�l Secs, 2-74, 2-75. Reserved, Division 4. Urban Beautification Sec. 2-76. Purpose and intent. Sec. 2-77• City manager's duties; use of existing city boards and commit- tees. Sec. 2-78. Master beautification plan; recommendations to city commis- sion. Secs. 2-79, 2-80. Reserved, Article N Elections Sec. 2-81. Election supervisor. Sec. 2-82. Proclamation. Sec, 2-83. Municipal elections to be general elections. Sec. 2-84. Determination of person elected. Sec. 2-85, Election boards. Sec. 2-86. Nonpartisanship required. Sec. 2-87. Qualification of candidates. Sec. 2-87.1. Vacancy in candidacy. Sec. 2-88. Qualifying fees. Sec. 2-89. Registration of voters. Sec. 2-90. Voting places. Sec. 2-91. Voting machines. Sec. 2-92. Absentee voting. Sec. 2-93. Canvass of return. Sec. 2-94. Applicability of Code to election where questions are submitted. Sec. 2-95. Additional duties of city clerk. Sec. 2-96. Early voting exemption. Sec. 2-97. Electronic filling of campaign finance reports required. Secs. 2-98-2-115. Reserved, Article V. Annexations and Rezoning Sec. 2-116. Annexation fees. Sec. 2-117. Waiting period for annexation or rezoning of property. Sec. 2-118. Annexation east of DeLeon Street prohibited. Secs. 2-119-2-135. Reserved, Supp. No. 23 134 ADMINISTRATION Article VI. Finance sion 1. Generally Secs. 2-136-2-150. Reserved. Division 2. Purchasing Sec. 2-151. Purchasing policy and procedure established. Sec. 2-152. When written bids are required; waiver. Secs. 2-153-2-190. Reserved, Division 3. City -Owned Personal Property Sec. 2-191. Definition of property. Sec. 2-192. Identification; record; inventory. Sec. 2-193. Property supervision and control. Sec. 2-194. Disposal of surplus property. Secs. 2-195-2-249, Reserved. Article VII. Tmergency Management Division 1. Generally Sec. 2-250. Intent. co 2-251. Definitions. Sec. 2-252. Applicability of provisions. Sec. 2-253. Emergency management structure. Sec. 2-254. Powers, duties, and responsibilities. Sec. 2-255. Declaration of a state of emergency. Sec. 2-256. Termination of a state of emergency. Secs. 2-257-2-260, Reserved. Division 2. Conditions of Emergency Sec. 2-261. Weather emergencies. Sec. 2-262. Public emergencies. Sec. 2-263. Fire emergencies. Sec. 2-264. Suspension of local building regulations. Sec. 2-265. Certification of emergency conditions. Secs. 2-266-2-299. Reserved. Article VIII. Jobs Growth Incentive Grant Program Sec. 2-300. Legislative findings. Secs. 2-301-2-304. Reserved. Sec. 2-305. Program requirements. Supp. No. 23 135 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 23 136 ADMINISTRATION (b) F.S. § 100,361 is hereby incorporated in haec verba into this section and all provisions shall be applicable to any public elected official of the city. (Code 1974, § 2-3) Cross reference —Elections, § 2-81 et seq. Sec. 2-27. Rules and procedures of the city commission —Generally. (a) Authority. The rules and procedures established under this article II are adopted in furtherance of subsection 4.13(b) of the City Charter which provides that the city commission shall determine its own rules and order of busi- ness. The rules and procedures adopted under this article II are intended to be supplemental and in addition to other applicable provisions of law. To the extent that any provision of these rules and procedures is in conflict with the City Charter, state or federal law, the conflicting provisions of the City Charter, state or federal law shall prevail and apply. The rules and procedures adopted by the city commission shall not be construed or interpreted in any way to limit the broad powers vested in the city commis- sion under the City Charter, article VIII, section 2(b) of the state constitution, the Florida Municipal Home Rule Powers Act, and other applicable law. (b) Agenda packets. The city manager shall have the authority to and be responsible for preparing the city commission agenda for each city commission meeting. Upon completion of the agenda packets, the city clerk shall be responsible for distributing agenda packets to the mayor, city commissioners, city manager, city attorney, city staff and the public. Agenda packets shall be made available to the mayor and each commissioner no later than Wednesday (prefer- ably by 5:00 p.m.) prior to the commission meet- ing; however, when absolutely necessary or in the event of an emergency, the city manager may authorize the distribution of the agenda packets after 5:00 p.m. and may distribute any add -on agenda item(s) after the agenda has been distributed on Wednesday. To the extent that certain agenda items require the review by or distribution of documents to the mayor and city commission that are deemed confidential or exempt from public disclosure by law, the city Supp. No. 23 manager will arrange for such review or distribu- tion in a manner deemed appropriate to protect such exemption or confidentiality. (c) Approval of the agenda. At the commence- ment of each city commission meeting during the calI to order section, the city commission shall approve, by majority vote, the proposed agenda to be considered by the city commission at the meeting. Prior to the approval of the proposed agenda, the city commission may, by majority vote, add or remove agenda items from the proposed agenda or reorder agenda items in terms of placement on the agenda. Upon approval of the agenda, the agenda items will be considered by the city commission in the order presented on the approved agenda. (d) Robert's Rules of Order. Robert's Rules of Order shall be the underlying foundation" for the conduct of commission meetings and will be followed to the extent practical and feasible and to the extent not modified by this article or as otherwise required by law. Robert's Rules of Order may be suspended by a majority vote of the city commission. The city clerk shall be responsible for maintaining at least two (2) copies of Robert's Rules of Order on the dais during all city commission meetings. (e) Consent agenda. Any commissioner may request that a consent agenda item be held for separate consideration. (f) Motions. No motion shall be recognized by the chair until all commissioners and the city manager have had an opportunity to address that agenda item. (g) Motions belong to commission. Motions shall only be permitted by members of the commission. Motions, once made, and seconded, belong to the commission, not the individual making the original motion. Motions which have been seconded may be withdrawn by consensus of the city commission without a formal vote. Amendments to pending motions are not required to be accepted by the maker of the pending motion. 139 (h) Parliamentary procedure. All motions shall be considered in accordance with the Chart 1, Ranking Order and Chart II, motions in the WINTER SPRINGS CODE "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). The city clerk shall be responsible for maintaining at least two (2) copies of the chart on the dais during all city commission meetings. (i) Time limits on agenda items. Unless otherwise approved by a majority vote of the city commission, each commissioner and the mayor shall be given a maximum of five (5) minutes to initially speak on an agenda item. After each commissioner and the mayor have been afforded the opportunity to initially speak on an agenda item, each commissioner and the mayor shall then be given additional time to speak in five (5) minute increments until discussion on that agenda item has been concluded. (j) Ca1,l, the qr{estion. 1l�otions to "wall the question" shall require a second and a minimum two-thirds (z/) vote of the commission. (k) Starting time of meetings. Regular city commission meetings shall be scheduled to com- mence at 5:15 p.m. on the second and fourth Monday of every month unless otherwise approved by the city commission. Special and emergency city commission meetings shall be scheduled as needed at a date and time established by the mayor, city commission or city manager, and whenever practicable, upon no less than twelve (12) hour notice provided to the mayor, city manager, city clerk, city attorney and each member of the city commission. (1) Time of adjournment. Unless sooner adjourned by majority vote of the city commis- sion, the mayor shall adjourn the commission meeting at 8:30 p.m. However, by majority vote of the city commission, a commission meeting may be extended beyond 8:30 p.m., but no later than 10:00 p.m., in time increments or to handle any specific agenda item(s). A super -majority vote of the city commission shall be required to similarly extend a commission meeting beyond 10:00 P.M. Supp. No. 23 140 (m) Reports. At the conclusion of each city commission meeting prior to any additional delegations portion of the city commission meet- ing, the agenda will set aside a time period for reports subject to the following protocol: (1) During reports, the mayor and each com- missioner shall be afforded an opportunity to report on various committees and groups on which they represent the city, and to make brief comments in general. Each report is intended to be brief and not for purposes of proposing that the city commission take final action on major initiatives and/or initiatives that would ordinarily require significant city staff research before final action is taken by the city commission. (2) The city commission will not take final action on any major initiatives and/or initiatives that would ordinarily require significant city staff research presented under reports, but may, at its discretion and by majority vote, place such initia- tive on a subsequent city commission agenda for consideration. (3) The city manager, city attorney, and city clerk shall also be afforded a brief opportunity to report on information and various matters requiring the city com- mission's attention and to also present pending miscellaneous matters requir- ing expedient direction from the city commission prior to the next regularly scheduled city commission meeting. (4) Unless otherwise approved by a majority vote of the city commission, each commis- sioner and the mayor shall be given a maximum of five (5) minutes to speak under reports. (5) Reporting individuals may circulate, prior to the meeting, background information that may be reported on during the meet- ing. Such information shall be provided through the city clerk's or city manager's office for distribution to the mayor and city commission in a manner similar to the distribution of agenda packets, except that the city attorney may distribute ADMINISTRATION attorney -client privileged work product directly to the city manager, mayor and city commissioners to the extent neces- sary to protect such privilege. Further, to the extent that certain information must be distributed by the city manager that is deemed confidential or exempt from public disclosure by law, such informa- tion may be distributed directly to the mayor, city commissioners, and city attorney to the extent necessary to protect such exemption or confidentiality. At the meeting, the reporting individual can present or refer to the background information in support of their report item. (6) Reporting individuals may also present their report items in writing to be distributed at the meeting. (Ord. No. 2016-09, § 2, 10-10-16) Sec. 2-28. Addressing the mayor and city commission. (a) Oral communications. Any person desir- ing to address the mayor and city commission shall first secure the permission of the presiding officer and shall state his/her name and address for the record. If such person is speaking as an authorized representative, such person shall also advise the mayor and city commission of the name of the person, group, business, or organiza- tion being represented. All remarks shall be addressed to the mayor and city commission as a body and not to any member thereof, unless permission to do so is first granted by the presiding officer or the city commission. Individual members of the public shall limit their discus- sion or comments to no more than three (3) minutes. Individuals representing a group or homeowner's association shall limit their discus- sion or comments to no more than five (5) minutes. No questions shall be asked of the mayor or a city commission member or city official except through the presiding officer. (b) Written communication. Interested persons may address the mayor and city commission by written communications in regard to a matter then under discussion. Supp. No. 00 (c) Reading protests. Interested persons may address the mayor and city commission by read - of protests, petitions, or other communica- tions related to matters then being considered by the city commission. (d) Mayor enforce time limits. The mayor shall strongly enforce the directives of the city com- mission relative to disruptive members of the audience and time limits on public input. dDisruptive (e) Disruptive behavior prohibite. behavior by members of the audience including, but not limited to, fighting, yelling, throwing or launching projectiles, audible use of electronic devices (e.g., cell phones, lap tops, tablets, cameras, and gaming devices), visual displays (e.g.) lasers, holographical images, projections, and blinking, flashing or other light displays), and causing loud noises is strictly prohibited. Cell phones or any other ringing device must be silenced or turned off during city commission meetings. (f) Certain remarks prohibited. Obscene or disparaging language, fighting words, or slander- ous remarks are strictly prohibited at the city commission meetings. (g) Non-resident and/or non -taxpayer restrtc- tion. The city commission, by majority vote, may decline to hear any person who is not a resident or taxpayer of the city, except: (1) When the person is a user of the city's water or sewer system and wishes to be heard on a matter related to the city's sewer and/or water system. (2) When such person is a city employee who wishes to be heard on a matter relating to his/her employment; or (3) When such person is serving as an authorized representative for a person who would otherwise be permitted to be heard on the subject matter before the city commission. (h) Delegations. Public comment will be included on every city commission agenda under the following conditions: (1) At the beginning of each regular, special or workshop meeting at which the city commission will take final official action 140.1 § 2-28 WINTER SPRINGS CODE on any proposition, the city commission The purpose is also to allow any resident will set aside up to thirty (30) minutes of or taxpayer of the city to make his/her each regular, special or workshop meet- views known to the city commission upon ing for "delegations" (aka limited public any subject of general or public interest. forum) after call to order and any awards Additionally, a city employee shall be and presentations, immediately prior to permitted to address the mayor and city taking any final official action on any commission as to matters regarding his/ proposition. In addition, at its discretion, her employment, and a user of the city's the city commission may set aside up to sewer or water system shall be permitted an additional thirty (30) minutes of each regular, special or workshopmeeting for to address the city commission regarding g matters related to the city's sewer and/or an additional "delegations" portion of the water system. meeting at the end of each city commis- (2) The second discretionary "delegations" at sion meeting. Delegations shall be subject to other applicable provisions of the City the end of the meeting shall be for the Code. The purpose of the first delega- limited purpose of allowing any resident tions portion of the meeting is for any or taxpayer of the city to make his/her person to be heard on any item on the views known to the city commission upon agenda, except the following items: any subject of general or public interest. Additionally, a city employee shall be a. Emergency items, meaning an official permitted to address the mayor and city act that must be taken to deal 1.vith corr_missioll a co ,natters regarding his/ an emergency situation affecting the her employment, and a user of the city's public health, welfare, or safety, if sewer or water system shall be permitted compliance with F.S. § 286.0114, to address the city commission regarding would cause an unreasonable delay matters related to the city's sewer and/or in the ability of the city commission water system. to act; (3) Each person addressing the city commis- b. Ministerial items, meaning an official sion during delegations shall speak for act involving no more than a ministe- no more than three (3) minutes and a rial act, including, but not limited person representing a group or to, approval of minutes and homeowner's association shall speak for ceremonial proclamations. Ministe- no more than five (5) minutes, unless a rial items also include motions or lesser or greater time is provided by a questions of parliamentary procedure majority vote of the city commission, that do not result in a final official (4) If it appears that a matter presented by a action of an item before the city commission; speaker during delegations is administra- tive in nature, and the question or matter c. Quasi-judicial items, generally mean- raised can be adequately answered or ing land use and other applications addressed by the city manager or considered by the city commission administrative staff, the city commission requiring the application of a general may request, upon consensus, or proper rule of existing policy as more specifi- motion and majority vote, that the speaker cally described in section 2-30 of the refer the matter to the city manager or City Code; and his designee during normal city business hours. If such a referral is made by the d. Public hearing items, where public city commission, the speaker shall have comments are taken elsewhere on no further right to present that matter at the agenda when the item is the meeting. If the speaker is not presented. adequately satisfied by the city's Supp. No. 23 140.2 ADMINISTRATION administrative staff upon proper refer- (2) Proposed ordinances or resolutions and ral, the speaker shall have the right to notice shall be placed at city hall for bring the matter in question before the public review in advance of each public city commission during the delegations hearing. portion of any subsequent city commis- sion meeting. (3) At the public hearing, the city attorney shall read any ordinance or resolution by (5) The city commission recognizes that title or in full, as required by general law delegations is for the purpose of allowing or City Charter, for the public record, persons to speak on propositions on the and provide general background to the agenda in accordance with limitations item along with city staff. and requirements set forth in F.S. § 286.0114, as well as for purposes of (4) Members of the public speaking on public entitled to be heard legitimate inquiries and discussion by hearing items, though the public. Delegations is not for the by the city commission, are not entitled purpose of advancing arguments or repeti- to an immediate response by either tious questions concerning matters which administrative staff members or city com- the city commission believes to be closed mission members once the public hear - which are not propositions requiring final ing is closed; however, commission official action of the commission or not of discussion may or may not include a general public concern. Further, it is not response. No question by the public should appropriate to readdress quasi-judicial be addressed directly to any member of and public hearing items previously the administrative staff* addressed by the city commission at the same meeting. The city commission shall (5) Public comment by individual speakers from the audience on public hearing have the right at any delegations to agenda items shall be limited to three (3) decline to hear any person or any subject matter upon consensus, or proper motion minutes. Representatives of recognized groups shall be limited to five (5) minutes; and majority vote, by the city commis- sion in accordance with law. and total comments on a single issue shall be limited to thirty (30) minutes. (i) Public hearings in general. The city com- Applicants shall be limited to ten (10) minutes. The city commission may grant mission shall hold a public hearing on agenda additional time by consensus, or majority items to the extent required by law including, vote of the commission if the complex - but not limited to, items related to the adoption e city of ordinances, adoption of the annual millage ity of the relevant issues addressed during and budget, and other agenda items required by the public hearing require additional law. The following are intended to be general public debate. The city commission by guidelines for such hearings: consensus, or majority vote, also reserves the right to reduce the time limits to (1) All public hearings shall be advertised in speak if the hour of the commission a newspaper of general circulation one meeting is late or a large number of (1) time in advance of the public hearing, speakers desire to speak. Only one (1) stating the date, time, place, and nature presentation per person per issue shall of the public hearing, and the location be allowed. where further information may be obtained regarding the subject matters (6) Speakers shall be limited to speak on the subject matter of the public hearing item. to be considered. Advertisements shall comply with the public notice require- The presentation of repetitious questions ments required by applicable Florida or information concerning the public hear - Statutes and law. ing item shall not be permitted. Supp. No. 23 140.3 WINTER SPRINGS CODE (j) Public comments on propositions not on the agenda. If a proposition is considered by the city commission at a meeting which is not listed on the agenda, and consideration shall constitute final official city commission action, then the mayor will offer the public an opportunity to speak to that item before the decision is made. However, if final official city commission action on the proposition will occur at a subsequent city commission meeting, the mayor will offer the public an opportunity to speak to that item at the meeting at which the city commission takes final official action on the proposition subject to the applicable provisions of the City Code. Under this section, the term "proposition" does not include ministerial, emergency and quasi-judicial matters as those terms are generallv defined in subsection (h)(1)c. of this section. (k) Speaker cards. The city clerk will create and maintain a short form, subject to the city commission's a , rov l fo;' a Fp n individual to use in order to inform the city commission of a desire to be heard during delegations and public hear- ing items; to indicate his or her support, opposi- tion, or neutrality on an agenda item or proposition before the city commission for consideration; and to indicate his or her designation of a representa- tive to speak for him or her or his or her group on an agenda item or proposition before the city commission if he or she so chooses. The form will also contain the individual's contact information for purposes of demonstrating compliance with the commission rules and procedures and follow- ing up on matters to the extent the city believes follow-up is necessary. Forms must be completed by the individual at the meeting and submitted to the city clerk, who will provide them to the mayor or the presiding city commissioner for consideration and handling during the meeting. A person submitting a form is not required to speak, but may request on the form that the mayor or the presiding city commissioner briefly note for the record their support or opposition for an agenda item or proposition before the city commission. (1) Appeals; preservation of a record. It shall be the responsibility of any person deciding to appeal any decision made by the city commission with respect to any matter considered to preserve Supp. No. 23 140.4 the record including, but not limited to, a verbatim record of the proceedings and testimony and evidence upon which any such appeal is to be based. In the event that such person prepares or has prepared a verbatim transcript of the proceed- ing by a court reporter, the person shall be required to provide a courtesy copy of the transcript to the city clerk for purposes of maintaining public records and any future appeal. (m) Campaign free zone. The city commission chamber is hereby declared a campaign -free zone and visible campaign materials and speeches shall be prohibited in the chamber during city commission meetings. Standard size (approximately 2 inches by 4 inches) candidate name badges are permitted and shall not be considered campaigning under this subsection. (n) Placards, signs, posters, flags and ban- n %'s, Due to thy; liyrrited size and function of the city commission chambers and city hall lobby, and for the safety and protection of the public attending commission meetings, the public is prohibited from bringing placards, signs, post- ers, flags and banners for public display within the chamber and lobby during city commission meetings, unless a placard, sign, poster, flag or banner is authorized in advance by the city manager or city commission to be ceremonially presented to the city commission as part of an agenda item. However, in such instances, the placard, sign, poster, flag or banner shall be properly stored and set aside until the ceremonial presentation in order to avoid disrupting the meeting, impeding the public's attendance, or uring the public in attendance. (o) Enforcement; order of removal. The mayor or the presiding city commissioner shall enforce the rules adopted by the city commission. Any person in violation of any of the rules shall first be given a warning of the violation. Any subsequent violations shall be cause for removal from the chambers by the police chief or his designee for the remainder of the city commis- sion meeting by order of the mayor, the presiding city commissioner or a majority of the city commission. Notwithstanding, the mayor, the presiding city commissioner or a majority of the ADMINISTRATION city commission may order the immediate removal of any person from the city commission chambers that poses a threat to property or life safety. (Ord. No. 2016-09, § 2, 10-10-16) Sec. 2-29. Additional rules of conduct. The mayor and city commissioners shall adhere to the following additional rules of conduct: (1) The proper statutory and City Charter role of a mayor and city commissioner, as with any elected member of a legislative body, is to act collectively, not individu- ally, to set and/or revise and/or to apply the city's governing policies and that the city manager and staff administer such policies. (2) The mayor and city commissioners, individually, do not manage the affairs of the city. The mayor and city commission- ers will not intrude into daily operations or spheres of responsibility designated by state statutes, City Code, and City Charter to the city manager as the chief executive officer; or undermine the city manager's lawful authority. The city manager is responsible for administering the policy direction established by a major- ity vote of the city commission and not the policy wishes of the mayor or one (1) individual city commissioner. (3) The mayor and city commissioners represent the interests of the entire city when making decisions and will rely upon available facts and their respective independent judgment. In their official capacity as an elected representative of the city, the mayor and city commission- ers will avoid conflicts of interest and avoid using their official position for personal, professional, or partisan gain. (4) The mayor and city commissioners will demonstrate dignity, respect, and courtesy toward those whom they are in contact with in their official capacity as either the mayor or city commissioner. The mayor and city commissioners will refrain from intimidation and ridicule of the Supp. No. 23 mayor, fellow commissioners, city manager, city attorney, staff, citizens of the city, and city utility customers. (5) The mayor and city commissioners, in their official capacity as an elected representative of the city, will refrain from inappropriate language including statements that are malicious, threaten- ing, slanderous, disparaging, mean - spirited, vulgar or abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected official and the honor of serv- ing as an elected representative of the city. (6) The mayor and city commissioners will focus on solving problems, and in doing so will maintain appropriate decorum and professional demeanor in the conduct of city business and work cooperatively and conscientiously with others as they respectively request or receive informa- tion, examine data or weigh alternatives in the decision -making process. 140.5 (7) The mayor and city commissioners will demonstrate patience and refrain from demanding, interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, prepara- tion or analysis or that will result in staff neglect of urgent duties. Such requests will be made through the city manager for scheduling and prioritizing through consensus of the city commission. The mayor and city commissioners will work cooperatively with the city manager to establish reasonable parameters for such requests and access. (8) The mayor and city commissioners will devote adequate time for preparation prior to city commission meetings and as much as possible, the mayor and each member of the city commission will be in attendance at such meetings and all other scheduled events where their official participation is required. § 2-29 WINTER SPRINGS CODE (9) The mayor and city commissioners will respect diversity and encourage the open expression of divergent ideas and opinions from the mayor and fellow city commis- sioners, city manager, city attorney, staff, citizens of Winter Springs, and city util- ity customers. They will listen actively and objectively to others' concerns or constructive criticisms. (10) The mayor and city commissioners will refrain from any individual action that could compromise lawfully authorized decisions of the city or the integrity of the city and the mayor and fellow com- missioners. The mayor and city commis- sioners will delineate clearly for any .)11�' c�� vv ii2 t is taley are acting or speaking as an individual citizen or in their respective capacity as a representa- tive of the city. (l) `'he mayor and city commissioners will maintain in confidence any privileged or confidential information provided to them by the city and will not disclose such information publicly or to any person who has not been duly authorized by the city to receive such information, unless such disclosure is duly authorized by the city commission or city manager or required by law. In addition, the mayor and city commission will refrain from copying any written privileged or confidential documents provided to them by the city and will keep such documents in safekeeping. Further, upon leaving office or upon request by the city commis- sion or city manager, the mayor and city commissioners will return to the city any privileged or confidential documents or materials provided to them by the city while serving on the city commission. For purposes of this paragraph, privileged and confidential information is only information that is deemed privileged or confidential and/or exempt from public records disclosure by law. By way of example, and without limiting the scope of the kinds of information that could be privileged or confidential and/or exempt, Supp, No. 23 140.E the following information is generally deemed privileged or confidential and/or exempt from public disclosure: (i) informa- tion pertaining to security systems for any property owned or leased by the city; GO risk assessment information to determine security threats to data, information and information technology resources of the city; (iii) attorney -client work product related to pending or reason- ably anticipated litigation or city claims file; (iv) city commission transcripts of attorney -client litigation sessions until the conclusion of litigation; (v) claims files regarding the city's risk manage- ment program (vi) information concern - of' 1Tncr the Tl.,,,., i.itci%iVuS, oInterests of a p t+aullu, private entity to located, relocate or expand its business activities within the city if the private entity requests such confidentiality in writing; (vii) nil v�Torlc product developed by the city in prepara- tion for collective bargaining negotia- tions, and during negotiations; (viii) trade secrets and proprietary business informa- tion contained in records held by the city; (ix) certain personal identifying and health information contained in records held by the city when required by law; (x) active criminal intelligence information and active criminal investigative informa- tion; and (xi) any information revealing law enforcement surveillance techniques or procedures or personnel or informa- tion revealing the identity of a confidential informant or confidential source. The mayor and city commissioners may contact the city manager or city attorney with any questions on whether certain informa- tion falls within the scope of this paragraph. (12) The mayor and city commissioners will abide by all laws of the state applicable to their official conduct on the city com- mission, including but not limited to the Government in the Sunshine Law, the Florida Public Records Law, the Florida Code of Ethics for Public Officers, and city rules and procedures and codes of conduct adopted by the city commission ADMINISTRATION including, but not limited to, the rules and procedures and code of conduct expressed in this article. (13) The mayor and city commissioners will promote constructive relations in a posi- tive climate with all city employees, city attorney, and city contractors and consultants consistent with their official role on the city commission, as a means to enhance the productivity and morale of the city. The mayor and city commis- sioners will support the city manager's decision to employ the most qualified persons for staff positions. The mayor and city commission will recognize the bona fide achievements of the city manager, staff, city attorney, city contrac- tors and consultants, business partners, and others sharing in, and striving to achieve, the city's mission and strategic objectives. (14) The mayor and city commissioners will enhance their knowledge and ability to contribute value to the city as a member of the city commission by keeping abreast of issues and trends that could affect the city through reading, continuing educa- tion and training. The mayor and city commissioners will study policies and issues affecting the city, and will attend training programs if required by the city or law. A continuing goal of the mayor and city commissioners will be to improve their respective performance as a member of the city commission. (15) The mayor and city commissioners will value and assist each other on the city commission by exchanging ideas, concerns, and knowledge through lawful means of communication. Together, they will help build positive community support for the city's mission and the policies and strategic objectives established by the city commission. (16) The mayor and city commissioners will support and advocate for their respective beliefs, but will remain open to understanding the views of others. The Supp. No. 23 mayor and city commissioners recognize that they each share in the responsibility for all city decisions and will accept the will of duly authorized decisions of the city commission and city electorate. (17) The mayor and city commissioners understand that their first priority as a member of the city commission will always be to look out for the best interests of the citizens of the city and the public health, safety and welfare. The mayor and city commissioners will seek to provide appropriate leadership that nurtures and motivates city citizens to be stakeholders in the affairs and achievements of the city. (18) The mayor and city commissioners will be accountable to the city commission for any violations of the rules and procedures and rules of conduct established by the city commission under this article. (Ord. No. 2016-09, § 2, 10-10-16) Sec. 2-30. Quasi-judicial rules and procedures of the city commis- sion. The city commission recognizes that certain agenda items presented to the city commission for a final decision are considered by the courts as quasi-judicial in nature. Under applicable law, quasi-judicial proceedings require the mayor and city commissioners to serve as a quasi- judicial decision maker. The city commission must afford due process and comply with due process requirements including, but not limited to, notice, a hearing before an impartial decision - maker, and a right to a fair and orderly hearing process where applicants and interested parties are afforded an opportunity to be heard and present evidence. The following rules and procedures are not intended to be strictly applied, but rather are intended to serve as a guide to assist the mayor and city commission with conducting a quasi-judicial hearing in accordance with the requirements of law: (1) Categories of decisions —quasi judicial defined generally. For purposes of understanding the context of this sec- 140.7 WINTER SPRINGS CODE tion, the city commission will make a (4) Competent substantial evidence. variety of different types of decisions Competent substantial evidence has been that the law classifies differently. For generally defined by the courts as such example, some decisions are classified evidence as will establish a substantial legislative, executive/administrative, or basis of fact from which the fact at issue quasi-judicial in nature. The decision can be reasonably inferred. It is such making process employed by the city relevant evidence as a reasonable mind commission and scope of judicial review would accept as adequate to support a are markedly different for the different conclusion. classifications. Quasi-judicial matters are agenda items that generally require the (5) Burden of proof. The applicant seeking city commission to apply a general rule of approval of an application has the burden existing policy. Such agenda items include, of proving that the proposed application but are not limited to, land use and other is consistent with the city's comprehensive applications such as rezonings, vari- plan and complies with all of the ances, special exceptions, conditional uses, applicable substantive criteria and special permits, site and engineering procedural requiremen9s eftha Cifx7 ripdn plans, and subdivisions of land and plats, and other applicable provisions of law. (2) Legislative and executive/administrative (6) Objectors; party intervenor applications. decisions —Generally. This section is not intended to be applicable wh`r� t)1L cit3 a Persons objecting to an application commission is exercising legislative and must prove standing, which is the executive/administrative decision making cornerstone of their right to present authority. For example, and without the any case against an application. intention of being a limitation on such Standing is subject to applicable decisions, the Florida Supreme Court statutory and case law. Typically, has held that comprehensive plan amend- but not in every case, the person ments are considered a formulation of seeking to prevent or overturn a Policy and therefore, are considered quasi-judicial decision must show legislative actions and not quasi-judicial special damages and an interest in nature. The adoption of an ordinance different in kind and degree from or resolution by the city commission that that of the general public's at large. formulates policy is also considered a The city commission reserves the legislative action. The approval of right to contest any person's stand- ing to participate in a quasi-judicial contracts, appointing of board members and the purchasing of good and services hearing at any time through all are executive/administrative decisions. appellate proceedings even if the person was permitted to participate (3) Fundamental requirements. Quasi-judicial in the hearing, proceedings shall comply with the b. An affected party who believes that minimum requirements of law. Interested parties shall at a minimum be permitted they have legal standing and can to be heard, present evidence be demonstrate that they have a special interest and may suffer special dam - represented by counsel, and cross examine witnesses. Decisions made b the ages different in kind and degree y e city from that of the general public's at commission will be based on competent large, can file a party intervenor substantial evidence presented on the record at the hearing and based a on the application with the city manager P requesting to be formally declared a application of applicable criteria party intervenor for purposes of established by law. presenting factual and expert Supp, No. 23 140.8 ADMINISTRATION testimony and evidence at the quasicompetent substantial ev - idence so long as it isfact-based. Mere general - judicial hearing. The application shall be filed at least seven (7) days ized statements of opposition are to prior to the scheduled quasi-judicial be disregarded. The polling of citizens to determine who is "for" or hearing and shall state with specific- 11 against" agenda item is not ity the factual and legal basis on an ag which the party believes they have competent substantial evidence and legal standing, and a general list of should not be permitted at the hear - witnesses and evidence that the ing. party anticipates submitting to the b. Records, maps and reports. Maps, city commission. Failure to timely diagrams, reports and other official file a party intervenor application records may be competent shall be deemed a waiver of the substantial evidence in themselves opportunity to seek a party including, but not limited to, all intervenor determination by the city official records of the city and any commission. Applications timely filed other local, state, federal govern - will be reviewed for legal sufficiency ment agencies. by the city attorney and presented to the city commission at the com- c. Expert testimony. The opinions and recommendations of professional city mencement of the hearing for a staff members including, but not determination. The city commis- limited to, city planning and zoning sion may limit the number of party staff, the city engineer, law enforce - intervenors or consolidate party intervenors for presentation ment and fire personnel, and other ualified staff members may purposes to avoid unnecessary repeti- q tion and delay of the quasi-judicial constitute competent substantial commission evidence, provided such opinions and hearing. If the city comm grants party intervenor status to a recommendations are related to the party, the party will be afforded city staff person's professional time at the hearing to present the expertise and qualifications. The factual and expert testimony and opinions of other duly qualified evidence in accordance with subsec. professionals and experts of tion (8) of this section. Party applicants and objectors may also intervenors may be sworn -in as wit- be similarly considered competent nesses and shall be subject to cross- substantial evidence. examination by other parties or party d. Hearsay evidence. Hearsay evidence intervenors, and shall be required may be admissible provided it is to qualify expert witnesses, as used to support other competent appropriate. substantial evidence presented in (7) Rules of evidence. The strict rules of the record before the city commis - evidence shall not apply. However, the sion. city commission is required to make deci- (8) Presentation of evidence. Unless otherwise sions on quasi-judicial agenda items based required by the city commission or as on testimony and evidence that is actu- permissible in subsection (8)m. below, ally presented on the record at the hear- the following order of presentation will ing. The following evidentiary rules should generally occur on agenda items that are be considered when the city commission subject to aquasi-judicial hearing: receives testimony and evidence at the a The mayor will briefly introduce the hearing: item (approximately three (3) a. Lay testimony. Citizen testimony is minutes). permissible and may constitute Supp. No. 23 140.9 WINTER SPRINGS CODE b. The city attorney shall read any ordinance considered by title or in full pursuant to the requirements of the City Charter for the public record, present party intervenor applications timely received for the city commission's determination, and provide general background to the agenda item to the extent necessary (approximately five (5) minutes). c. The city administrative staff and any staff consultants shall present a summary of the application and agenda item and its findings, opinions or recommendation on that application (approximately ten (10) minutes). d. The applicant and any factual and expert witness(es) will provide testimony and eviclop,c on i1 application and matter being considered (maximum fifteen (15) minutes). e. Any party intervenors and any factual and expert witness(es) will provide testimony and evidence on the application and matter being considered (maximum of ten (10) minutes). f. To the extent that the item is a public hearing, the mayor shall open the public hearing and invite any person in attendance to speak to the issue and to present any factual or expert testimony (if any) relevant to the matter being considered (maximum three (3) minutes per person or five (5) minutes per representative of recognized groups). If the matter is not a public hearing item, objectors (not granted party. intervenor status), proponents and the general public will be permitted to speak to the issue and to present any factual or expert testimony relevant to the matter being considered (maximum three (3) Supp. No. 23 140.10 minutes per person or five (5) minutes per representative of recognized groups). g• Cross-examination of adverse wit- nesses by the applicant and any party intervenors shall be permit- ted during testimony to the extent requested and necessary in further- ance of due process requirements (maximum five (5) minutes per wit- ness). h. At the close of the evidentiary presentation, the applicant and staff will be afforded the opportunity to rebut any testimony and evidence. iivE; (J) 1t11llUGeS each). i. At the conclusion of the rebuttal, the mayor shall close the eviden- tiary portion of the hearing and the City coriiuiission shall deliberate and make a final decision on the agenda item. To the extent deemed neces- sary by the city commission, at its discretion, the city commission may reopen the evidentiary portion of the hearing if the mayor and city commissioners have additional evi- dentiary inquiries of the applicant, staff or any party intervenor. j• Any documentation presented to the city commission in support of or in Opposition to an application and agenda item shall be offered into the record at the hearing by submit- ting a copy or copies of same to the city clerk. The city clerk shall keep one (1) copy of the documents as part of the record of the proceeding. It shall be the responsibility of the party offering the evidence to make sure that it is received by the city clerk as part of the record, and that extra copies be presented to the mayor and city commissioners as deemed necessary or requested by the city commission. k. The agenda item and any staff report presented on any application and ADMINISTRATION all applicable city codes and the evidentiary presentation formali- ordinances and state and federal ties set forth in this subsection (h), law shall be deemed part of the consider the matter informally at record in all applications considered its discretion, and rely on the city by the city commission. staff recommendation as uncontested and unrebutted competent 1. If an applicant, party intervenor, or substantial evidence, and take final objector anticipates presenting, for action in a manner deemed appropri- the hearing record, a detailed writ- ate by the city commission to conduct ten report as evidence, the applicant, orderly and efficient city business. party intervenor, or objector may submit the report to the city clerk in n. The city commission may modify the time limits specified in this advance of the hearing and the report subsection (8) on its own motion or will be distributed to the mayor, city consensus or upon request of a party commission, city staff and any other to the proceeding. A request for a interested person requesting the modification of time should be same prior to hearing to the extent considered by the city commission feasible so the mayor and city com- to assure all parties have an mission and interested persons may examine the report prior to the hear- opportunity to participate without undue repetition and delay in ing. Applicants, party intervenors, and objectors shall not submit such furtherance of affording due process. reports or any other evidentiary (g) Swearing -in of witnesses. Persons present~ information directly to the mayor ing evidence and expert testimony may and city commission prior to the be required to take an oath and be sworn hearing. by the city attorney, collectively or m. The city commission recognizes that individually, in substantially the follow- in limited cases a full-blown quasi- ing manner: judicial hearing may not be needed I (state witness name) swear or affirm to in order to ensure due process is tell the truth, the full truth, and nothing satisfied before the city commission but the truth. takes final action on an application. Such limited cases may occur when: (10) Impartial decision maker; voting conflicts. (i) a specific application does not The mayor and city commissioners sit - require a public hearing; (ii) the ting in a quasi judicial capacity will each application is deemed complete and endeavor to act in an impartial and supported by a city staff recom- unbiased manner when it considers quasi- mendation in favor of approval in judicial agenda items. The city commis - accordance with applicable require- sion will base its final decision on such ments; (iii) the applicant concurs agenda items based upon the weight and with the city staff recommendation; credibility of competent substantial and (iv) no party intervenor or evidence, both direct and circumstantial, interested party has appeared at that is presented in the record at the the city commission meeting to quasi-judicial proceeding before the city contest or seriously question the commission. The mayor and city commis - application and the recommenda- sioners are each permitted to make deduc- tion and competent substantial tions and reach conclusions which reason evidence contained in the city staff and common sense lead them to make in recommendation. In such cases, the furtherance of legitimate government city commission may dispense with purposes that are in the city's best Supp. No. 23 140.11 WINTER SPRINGS CODE interests. Decisions of the city commis- sion are made as a collective body, by majority vote, on a case -by -case basis. The mayor and city commissioners are not expected to testify at the proceeding and are not expected to engage in independent fact finding outside of the proceeding. The city commission may consider the advice of the city manager, city staff and city attorney in their respec- tive official capacities. To the extent that the mayor or any city commissioner believes that they have a voting conflict of interest on any agenda item, under F.S. § 112.3143, or other applicable law, the mayor or city commissioner with the conflict shall declare a voting conflict. and recuse themselves from participat- ing in the proceeding, abstain from voting upon the agenda item, and file the applicable voting conflict form. In addi- tion, pu suaiA W E.S. § 286.012, the mayor or any city commissioner may abstain from voting on a quasi-judicial agenda item if the abstention is to assure a fair proceeding free from potential bias or prejudice. (11) Ex pane communications. The mayor and city commissioners will neither know- ingly initiate nor consider ex parte com- munications not disclosed on the record concerning the merits of any quasi- judicial application that is currently pend- ing before the city commission or that the mayor or city commissioners knows or reasonably expects will be filed with the city commission within one hundred eighty (180) days after the date of any such communication. To the extent feasible and practicable, the mayor or city commissioners should avoid ex parte communications concerning the merits of any such application. Applicants, party intervenors, and any other non -city staff persons desiring to discuss the merits of such Applications or to provide written documents that would be considered ex parte communications should be directed to contact the city manager or his or her designee responsible for processing the Supp. No. 23 140.12 application. The city manager or his or her designee will be responsible for handling the discussion or written com- munication in a manner deemed appropri- ate. The city manager or his or designee will be responsible for scheduling and conducting all meetings, and handling all official communications between the city (and its officials and employees) and applicants and party intervenors. a. Pursuant to F.S. § 286.0115, if the mayor or any city commissioner receives ex parte communications regarding any application, the mayor or any city commissioner must publicly disclose such communicn- tions before or during the hearing at which a vote is taken on the quasi-judicial matter, so that persons who have opinions contrary to those exPr°essed 11-1 tire ex parte com- munications are given a reasonable opportunity to refute or respond to the communications. Specifically, all written communications received and all written responses to such com- munications will be placed on the record at the hearing, and the substance of all oral communica- tions received and all oral responses made will be placed on the record. b. This subsection (11) is not intended to prohibit the mayor and city com- missioners from making official inquiries of, or obtaining advice from, the city manager, city staff and city attorney in their respective official capacities. c. This subsection (11) is not intended to preclude the mayor and city com- missioners from communicating with constituents and members of the public regarding the general existence or status of any applica- tion nor preclude the mayor or any city commissioner from attending community or homeowner's associa- tion meetings which are generally open to city residents and ADMINISTRATION constituents at which an applica- proposed order, which will include tion may be discussed. In such findings of fact and conclusions of circumstances, the mayor and city law, for the commission to consider commissioners will neither know- as final commission official action ingly initiate nor participate in ex on a quasi-judicial matter. If such parte communications regarding the direction is given to the city attorney, merits of any applications the hearing will be continued to another city commission meeting at (12) Continuance of hearings. By majority which the commission will consider vote of the city commission, the city adopting the proposed order as commission may continue a quasi-judicial presented or modified by commis - hearing on its own initiative or the request sion. A copy of the final order will of city staff, the applicant or any interested be provided to the applicant and party with standing in order to allow other interested parties upon additional time to gather additional request; or relevant evidence to be presented to the c. Pursuant to other requirements of commission at a subsequent meeting. law; or (13) Written orders of final decisions. Final d. If notice is not required by subsec- decisions made by the city commission tions a., b. or c. above, city staff regarding quasi judicial applications and may provide a courtesy notice to the agenda items shall be made verbally by applicant of the city commission's motion and roll call majority vote, but in final decision. some cases shall also be memorialized in (14) Supplemental quasi judicial rules. To the a separate writing as follows: extent necessary, the city commission a. Pursuant to F.S. § 166.033, when may adopt or employ at a particular the city commission denies an hearing supplemental quasi-judicial rules application for a development permit, of procedure which shall apply to quasi - as that term is defined in F.S. judicial matters consistent with the § 163.3164, city staff is directed to requirements of law. prepare and send written notice to (15) Advisory hearing officer. The city commis - the applicant based on the city com- sion may, at its discretion, appoint an mission's decision. The notice must independent, advisory hearing officer to include a citation to the applicable conduct a quasi-judicial hearing under portions of an ordinance, rule, this section for purposes of recommend - statute, or other legal authority on ing a written order regarding any applica- which the city commission based tion. The written order will contain the denial of the permit, which may recommended findings of fact and conclu- be contained in the agenda item sions of law. The hearing officer shall be presented by city staff. "Develop- a member of the Florida Bar in good ment permit" includes any building standing for five (5) or more years, and permit, zoning permit, subdivision must demonstrate satisfactory knowledge approval, rezoning, certification, of municipal law and quasi-judicial special exception, variance, or any proceedings. other official action of local govern- (Ord. No. 2016-09, § 2, 10-10-16) ment having the effect of permitting the development of land; or Sec. 2-31. Savings clause; waiver of rules and procedures. b. By majority vote of the city commis- sion, the city commission may direct This article II is adopted for the sole benefit of the city attorney to prepare a the mayor and city commission for purposes of Supp. No. 23 140.13 WINTER SPRINGS CODE conducting orderly and efficient meetings. No person shall have any claim, right, or privilege whatsoever against the city or any of its mayor, city commissioners, officials and employees by virtue of the provisions of this article II. The failure of the mayor, city commissioners, city commission or any city official and employee to abide by any of the rules and procedures contained under this article II shall not have any adverse or negative effect on any decision made by the city commission. It is the intent and purposes of this section to provide that a violation of any of the specific rules and procedures set forth in this article shall not be, in and of itself, a legal basis to bring any cause of action against the city and its officials and employees or challenge or nullify an otherwise lawful action of the city commis- sion. This article II shall not be construed or interpreted as the city consenting to be sued by any third party including, but not limited to, any applicant, party intervenor, objector, or any other perlsuti if compliance with the provisions of this article does not occur. The city commission reserves the right to expressly or impliedly waive the application of any provision of this article in its discretion. (Ord. No. 2016-09, § 21 10-10-16) Secs. 2-32-2-40. Reserved. ARTICLE III. BOARDS, COMMITTEES, COMMISSIONS* DIVISION 1. GENERALLY Sec. 2-41. Appointments of boards and com- mittees. (a) Purpose. The purpose of this section is to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city. The purpose of this section is also to establish uniform and consistent procedures and requirements for establishing *Cross references —Site plan review board, § 9-342 et seq.; planning and zoning board, § 20-51 et seq.; board of adjustment, § 20-76 et seq. and/or abolishing boards and committees, and appointing and removing members thereof, and for conducting board and committee business. To the extent the provisions of this section conflict with other provisions of this Code, it is the intent of the city commission that the provi- sions of this section shall prevail. (b) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the following meaning: "Resid" entshall mean any person living within the city limits at all times while serving on said board or committee, and at least six (6) months prior to being nominated, elected or appointed to the board or committee. (c) Requirements of board and committee members. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following ,i i a'2TI7c ilts, except as otherwise provided by state or federal law: (1) Complete a board or committee applica- tion as prescribed by the city commis- sion; (2) Consent to a standard criminal background check; (3) Be duly registered to vote in Seminole County; (4) Be a resident as defined in this section; and (5) Has never been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction, any plea of nolo conten- dere shall be considered a conviction for purposes of this paragraph. (d) Appointment of members. Unless otherwise required by state or federal law, or specifically provided otherwise in the Code, each city board and committee shall be comprised of at least five seats numbered one, two, three, four and five, and appointments shall be as follows: Supp. No. 23 140.14 (1) Each city commissioner shall appoint one member to the seat on each city board or committee that corresponds to the city commissioner's seat. Appoint- ADMINISTRATION ments shall be made within thirty (30) days of the expiration of the prior term for that seat. If an appointment is not made within such thirty -day time period, the appointment shall be made by a majority vote of the commission. The city commission may accept appointments made by any commissioner or the mayor regardless of seat number. (2) For any seat not corresponding to a commission seat number, the city com- mission may accept appointments made by any commissioner or the mayor regard- less of seat number. (3) All appointments to a city board or com- mittee are not effective until the appoint- ment is ratified by majority vote of the city commission. (4) Aboard or committee appointment shall not be construed as creating or confer- ring, upon a person, any right or interest in serving on a board or committee includ- ing, but not limited to a contract, liberty, property or vested right. (e) Removal of members. Board and commit- tee members shall serve at the pleasure of the city commission and may be summarily removed at any time with or without cause. If a member is removed, or vacates their appointment for any reason, including death, excessive absences, or resignation, prior to the expiration of their term, such vacancies in the board shall be filled by the city commission member whose seat number corresponds with the vacant board seat subject to commission ratification, for the unexpired term of such vacancy. If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commis- sion. (f) Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve four-year terms and may be reappointed for subsequent four-year terms. All board and committee members shall be limited to three (3) consecutive full terms of office on any one board or committee. (g) Absences. Unless otherwise provided by state or federal law, any board or committee member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or committee, or seven (7) absences from any meeting of the board or committee within a twelve-month period (starting with the last absence and counting backward), shall be deemed automatically removed from the respective board or committee on which the absences have occurred. However, for boards and committees that regularly meet on a quarterly or less frequent basis, the number of absences which shall cause automatic removal shall be two (2) consecutive absences from any regularly scheduled meeting of the board or committee, or two (2) absences from any meeting within a twelve-month period. Any meet- ing which is cancelled, other than for lack of a quorum, shall not be counted for purposes of determining absenteeism. Absences which occurred prior to the date of reappointment of any board or committee member shall not be counted toward automatic removal. th (h) Chairmanships. Unelss oerwise provided by state or federal law, each board and comin tee shall be responsible to elect, by majority vote of the members of each board or committee, a chairperson and vice -chairperson. The election shall occur annually at the first meeting held in January, unless there is no January meeting, then the next meeting held. All newly established boards and committees shall make such elec- tions at their regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chairperson or deputy -chairperson. (i) Alternate members. At the discretion of the city commission, two (2) alternate members may be appointed to each City of Winter Springs board or committee, unless otherwise provided by law. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to wid e input during discussions. Alternate members shall not be permitted to vote on matters before the board or committee unless they have assumed the duties of an absent regular member. Supp. No. 03 140.15 WINTER SPRINGS CODE The member of the board who has served longer as an alternate member shall be the first alternate board member. If the first alternate member leaves the board or is appointed a regular board member, the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate member. The next appointed alternate member shall be designated as the second alternate board member. In the absence of a regular member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at that meeting. If two (2) or more regular board members are. nbsent fl%om u 1 uuaru 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 alter•notc board member Supp. No. 23 140.16 TREE PROTECTION AND PRESERVATION (dd) Undesirable trees. All types of trees identi- located within a public road, drainage fied as "undesirable trees" in Appendix A of this rights -of -way, or permanent utilities and chapter as amended from time to time by the city drainage easements. manager in writing. (7) Trees that have been approved by the (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, city arborist and which shall be replaced 10-13-03; Ord. No. 2011-16, § 2, 2-27-12) elsewhere on the property. Sec. 54. Permit required for tree removal (8) Trees that prohibit or have the effect of and land clearing; separate viola- prohibiting the installation or operation tions; criteria; contractor permit of a solar collector, clothesline, or other required. energy device based on a renewable resource. (a) Permit required. No person shall engage (9) All trees and plants, within a licensed in tree removal or engage in land clearing located tree nursery, planted for harvest shall be within the city, without first obtaining a permit exempt from the terms and provisions of as provided in this chapter. If a property owner this chapter only if trees are planted and has retained a contractor to perform the land growing on the premises of the licensee clearing or tree removal, the contractor must g and are for sale or intended for sale in its have a valid arbor license and shall be responsible ordinary course of business. for obtaining the permit required by this chapter prior to the land clearing or tree removal. It (c) Review standards. When making a shall be a separate violation of this chapter for determination on whether a tree meets one of each tree removed and each day a person is the conditions set forth in section 5-4(b) and engaged in land clearing without a permit. therefore, whether to approve or deny an applica- (b) Criteria. Upon receipt of a completed tion under this chapter, the city shall apply one application and verification on -site by the city (1) or more of the following standards of review arborist, a permit may be issued for tree removal under any one of the following conditions: (1) Necessity to remove trees which pose a clear and obvious safety hazard to (1) Trees located on building and construc- tion sites as shown on city approved pedestrian or vehicular traffic or threaten plans, provided said trees are replaced to cause disruption to public services or a elsewhere on the property in accordance significant obstacle to accessing and utiliz- with section 5-9 of this chapter. ing public easements and rights -of --way. (2) Trees with a trunk(s) located within ten (2) Necessity to remove trees which pose a (10) feet of a structure and that pose a clear and obvious safety hazard to build- clear hazard or that have caused damage ings and other improvements on a lot or to said structure as determined by the parcel of land. Ordinary small cracks or city arborist* uplifts in pavement, sidewalks, and non - occupied structures that are typically (3) Trees severely diseased, severely injured caused by settling and small roots shall or dead. not be considered a safety hazard. (4) Trees that interfere with the construc- (3) Necessity to remove diseased trees or tion or repair of public infrastructure trees weakened by age, storm, fire or and facilities. other injury or trees with severe structural defects that pose a clear and obvious (5) Undesirable trees, per Appendix A. safety hazard to people, buildings or (6) Trees removed by the city or other other improvements on lot or parcel of governmental agency and which are land. Supp. No. 23 313 § 5-4 WINTER SPRINGS CODE (4) Necessity to remove trees which prohibit (10) The extent of any damage or demonstrated or have the effect of prohibiting the hardship which would result to the installation or operation of a solar collet- applicant from a denial of the requested tor, clothesline, or other energy device permit. based on a renewable resource. The (11) The species and size of the trees proposed applicant shall submit operating instruc- tions or other manufacturer guidance for removal. setting forth the amount of sunlight (12) The following factors shall also be exposure required for proper operation of considered: the energy device or other such evidence a. Trees forming the current canopy. of the necessity to remove trees. b. Preservation of the next generation (5) The extent to which tree removal is of trees. likely to result in damage to the property (d) Silviculture exemption. All trees planted of other owners, public or private, includ- specifically for silvicultural purposes shall be ing damage to lakes, ponds, streams, or exempt from the provisions of this chapter rivers through runoff or erosion, nrovidpd +t, r ,, r �r • �y uvviie, can provide (6) Any proposed landscaping including plans documentation to the city evidencing that: whereby the applicant has planted or (1) The property is registered as a silvicul- will plant trees to replace those that are tural site with the division of forestry; i Lupo"ed to be cleared."-d (2) Trees of typical harvestable size and type (7) Topography of the land and the effect of exist on the able tree removal on erosion, soil retention of being harvested for which income and pthat and the diversion or increased flow of the property owner has, or intends to, surface water. generate income from the harvested trees. (8) Good forestry practices, such as the (e) Contractor license required; contractor number of healthy trees that a given obtaining permits. Any person or entity engaged parcel of land will reasonably support in the business of tree removal or pruning shall and the proven techniques that sustain be licensed by the city on an annual basis. healthy trees. Licenses may be obtained from the city by complet- ing an application prepared by the city and (9) Necessity to remove trees in order to paying the required license fee. The license construct, approved and permitted application shall contain at a minimum the improvements to allow economic enjoy- name, address, and telephone number of the ment of the property, including: contractor and a copy of the contractor's local business tax receipt and proof of liability and a. Need for access around the proposed workers' compensation insurance. It shall be structure for construction equip- unlawful for any person or entity to engage in ment (maximum of ten (10) feet). the business of tree removal or pruning within b. Need for access to the building site the City of Winter Springs without a license for construction equipment. required under this subsection. It shall also be unlawful for any such person or entity to fail to c. Essential grade changes. obtain a permit on behalf of a property owner d. Need for locating street or road pursuant to section 5-4(a) of this chapter. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 21 rights -of --way, utilities, drainage 10-13-03; Ord. No. 2006-23, § 4, 12-11-06; Ord. ways, as well as the need to provide No. 2010-04, § 2, 3-840; Ord. No. 2011-16, § 2) reasonable use and property access. 2-27-12; Ord. No. 2016-03, § 21 7-2546) Supp. No. 23 314 TREE PROTECTION AND PRESERVATION Sec. 5-5. City arbor division. (a) Establishment of office. There is hereby created within the department of community development, the arbor division. The community development director shall head this office and the city manager shall appoint one (1) or more employees of the department to act in the capac- ity of arborist for the city. (b) Scope of authority. The city arborist shall be charged with the responsibility and authority to review and oversee all activities within the city limits which involve tree removal, land clearing, or danger to and by any tree. Notwithstanding, the city arborist shall have absolutely no authority to vary any plans, permits, or agreements approved by the city commission. (c) Responsibilities. The role of the city arborist shall include, but not necessarily be limited to: (1) Receiving and processing applications for tree removal, land clearing and other permits under this chapter. (2) Inspection of all property subject to an application. (3) Confirming all information provided by the applicant is correct and accurate. (4) To approve or deny all permit applica- tions under this chapter. (5) To issue cease and desist work orders upon persons in violations of this chapter for a maximum of two working days. Upon review of the violation by the city manager, the city manager may extend the cease and desist work order until the violation is brought into compliance and all resulting fines incurred as a result of the violation have been paid. The city manager's decision may be appealed to the city commission pursuant to section 5-16(b) of this chapter. (6) To bring violators of this chapter before the code enforcement board or special magistrate. (7) To issue code enforcement citations for any violation of this chapter. Supp. No. 23 (8) To augment the city forest by the plant- ing or approval of planting of additional trees on public property. (9) To keep a permanent record of all historic or specimen trees designated by the city commission. (10) To educate the public regarding this chapter and the importance of maintain- ing a city forest. (11) To handle other related job duties assigned by the city manager. (12) To serve as a member of the staff develop- ment review committee. (13) To educate city personnel responsible for tree removal, planting, pruning and landscape maintenance. (14) To assist in implementing, and issue permits in furtherance of, any develop- ment agreement, plan, or permit approved by the city commission relating to landscaping and trees. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27.12; Ord. No. 2015-22, § 5, 10-26-15) Permit application. (a) Filing application and payment of fees. An application for tree removal and land clearing shall be filed on official forms provided by the city's arborist. The applicant shall be required to pay a fee as may be established by resolution of the city commission, except that no fee shall be required for the removal of trees that G) are dead, diseased, or suffer from severe structural defects, (ii) pose a clear and obvious safety hazard to structures and people, (iii) are removed for a public project sponsored and paid for by the city, or (iv) any tree found on the Florida Exotic Pest Plant Council's Invasive Plant Species List. If the applicant is not the property owner, then the applicant shall attach the written permis- sion of the property owner to the application. All completed applications shall be returned to the arborist, along with the following: (1) A tree inventory, for the portion of the site to be developed, consisting of a scaled drawing of a scale of one (1) inch equals 315 § 5-6 WINTPin SPRINGS CODE fifty (50) feet or less for undeveloped land intended to be preserved. Said or for developed single family residential statement shall immediately be land, a sketch approximately one (1) inch brought to the attention of the equals fifty (50) feet or less indicating: city arborist at the time the a. Property boundaries. application is filed and b. The location of all individual trees prominently attached to the including the tree's common or front of the application. scientific name, and DBH of trees. j• A protection plan describing how c. An indication of all trees proposed preserved tree(s) shall be preserved on the site and adjacent properties for removal. during construction, tree removal, d. Within the primary tree protection and grading. zone, a plan shall designate the k. An aerial photograph showing the trees to be retained and those boundaries of the subject property proposed to be removed, relocated and adjacent properties. or replaced. Those trees proposed ,�� - . � u..,:. �a�v��5 iv, uiie removal of trees. �o.• � ��iuval, eiv�aLivn ar• replace- ment shall also be identified by (3) The appropriate permit fees. common or botanical name. (b) Time for application. Applications for a e. Within the secondary tree protec- tree removal or land elPa,ring permit sh �,ll be tioii zo17e, a plan shall designate the made prior to removal or clearing; except that in trees to be retained, and those the following cases, application shall be filed proposed to be removed. when indicated: f. The location of existing and proposed (1) All new subdivisions shall be required to improvements, if any, including submit an application for a tree removal proposed additions to existing build- or land clearing permit, at the time of ings, existing and proposed build- initial submittal of the subdivision plan, ings, structures, impervious surfaces to the city so that due consideration may (e.g. pool decks, drives, parking be given to protection of trees during the areas), stormwater retention areas, subdivision design utilities, and other such improve- Process. Each applica- tion for a tree removal permit shall be ments. subject to review under the staff develop- g. A replacement plan indicating the ment review committee process. means of compensating for the tree(s) (2) Any commercial, industrial, multi -family to be removed including the species and size of any replacement tree(s). or other use requiring site plan approval under the city land development regula- h. Location of trees preserved for tions shall be required to submit an replacement credit. application for a tree removal and land i. If grade changes are proposed clearing permit at the time of site plan on the site, a grading plan submittal so that due consideration may drawn to scale shall be be given to the protection of trees during provided. In addition, awrit- the site plan design process. Each applica- ten statement shall be provided tion for a tree removal permit shall be by a landscape architect or subject to review under the staff develop - other competent professional ment review committee process. indicating the probability of (3) All new single-family and duplex dwell - whether the grade change will ing units shall be required to submit an result in the death of tree(s) application for a tree removal and land Supp. No. 23 316 TREE PROTECTION AND PRESERVATION clearing permit at the time of application for a building permit; the tree inventory may be shown on the building permit plot plan. (c) Exempting portion of tlae tree survey. Upon request, the city arborist may permit an applicant to omit certain portions of the tree inventory where compliance with the requirements set forth herein would be unnecessarily burdensome and the exempted portions are not needed for the city to evaluate the application. (d) Permit fee. A nonreturnable permit fee to be established by resolution of the city commis- sion shall be paid for purposes of processing the application, enforcing the provisions of this chapter, and inspecting the real property subject to the application. (e) Posting of permit. The permit must be posted upon the property and visible from the street to be valid. (f) City commission approved plans, permits, and agreements. All permits issued by the city arborist under this chapter shall be required to be consistent, and not in conflict, with any plans, permits, or development agreements approved by the city commission. All permits or portions thereof issued by the city arborist in conflict with any approval of the city commission shall be deemed null and void and the approval of the city commission shall remain in full force and effect. (Ord. No. 2002-08, § 2, 4-8-02; 200M% § % 10-13-03; Ord. No. 2011-16, § % 2- M2) Sec. 5-7. Tree pruning standards. (a) Standards adopted. Trees intended for shade purposes shall be allowed to reach mature canopy spread and shall be pruned in accordance with the ANSI A 300 Part I Pruning standard and ANSI Z133.1 safety standard. Pruning should be performed with defined pruning objectives and according to a specific pruning plan to accomplish the objective including the minimum and/or maximum branch size to be removed. Supp. No. 23 (b) Unlawful pruning. The pruning techniques described in section 5-10(i) of this chapter shall be deemed unlawful. (2003-22,§ 2, 1043-03) Sec. 5-8. Specimen or historic trees. (a) Designation. Certain trees, herein referred to as "specimen" or "historic" trees, are of especially great concern to the public because of ecological value, of indigenous character, size, age or historic association. Determination that a tree is a historic tree shall be made by resolution of the city commission after a recommendation of the city's arborist, and the city arborist shall keep a permanent record of all trees so designated by the city commission. Specimen trees are all trees her than "undesirable trees" identified in Appendix A, dead trees or diseased trees) which have a DBH of twenty-four (24) inches or more. Designation as an historic tree may occur in any one of the following ways: 317 (1) An applicant may request designation of an historic tree as part of any master plan, preliminary subdivision plat, or site plan application. To do so, the applicant shall submit an expert evalua- tion by a landscape architect, horticultur- alist, city forester, or other horticultural expert as part of the application. (2) A property owner may request such designation at any time. To do so, the property owner shall submit an expert evaluation by a landscape architect, hor- ticulturalist, city arborist or other horticultural expert. (3) The city's arborist may recommend such designation as part of their review of any application for development, stating in writing their reasons for such designa- tion, or may make such designation as part of an overall tree protection plan- ning program for the city or portion thereof. (4) Historic tree designations shall be subject to approval by resolution of the city commission and the city commission may grant tree replacement credits, upon granting an historic tree designation. WINTER SPRINGS CODE (b) Removal. Notwithstanding any other provi- to this chapter shall be maintained in a sion of this chapter, specimen or historic trees healthy, living condition. Any such trees shall not be removed except for extraordinary which die shall be replaced and circumstances and hardships and only by final maintained by the property owner. The permit approved by the city manager after city shall retain jurisdiction for one (1) consideration of a written recommendation by year to ensure compliance with this the city arborist and department director. Final chapter. permit decisions made by the city manager are subject to appeal pursuant to subsection 5-16(b) (5) Waivers of replacement trees) specifics of this chapter. tions. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22) § 2, a. General waivers. The number of 1043-03; Ord. No. 2011-16, § 2, 2-2742; Ord, required replacement trees may be No. 2012-12, § 2, 94042; Ord, No. 2016-03, § 3, waived by the city commission, if 7-2546) the city commission determines that the remaining number of trees to be Sec. 5-9. Tree replacement guidelines, preserved on site are of sufficient n��rubcr quality 66 ouu5tailtiany (a) free replacement. All trees that are removed comply with the purpose and intent or destroyed and subject to replacement by this place - re is chapter and a tree this f oee ee chapter shall be replaced by a species of tree of th fee is paid to the rey's "tree cited in Appendix B, desirable trees or such other bank," which is hereby established. tmeo properly approved ; d by cli city al borist. Replacement shall occur prior to the issuance of Monies collected in the tree bank a certificate of occupancy (if approval is pending) shall be used for enhancement and maintenance of trees on public lands. or within sixty (60) days of removal or destruc- The contribution to the tree bank tion, whichever date is earlier, unless a greater may be waived by the city commis - replacement period is provided for good cause by sion for individual homeowners, on permit. a case -by -case basis, if the (b) Criteria for replacement trees is as fol- homeowner can demonstrate that lows: the payment of the fee will cause the homeowner an undue economic (1) Characteristics of replacement trees. The hardship. Substitute tree(s) allowed replacement tree(s) shall have at least under this waiver provision must equal shade potential, screening proper- have the approval of the city com- ties, and/or other characteristics mission. The amount to be paid into comparable to that of the tree(s) requested the tree bank shall be set forth in to be removed. Table 1 and should be based upon (2) Size of replacement trees. Replacement wholesale market value of the trees tree(s) are to be made according to the being replaced, plus installation and tree replacement standards set forth in maintenance costs to establish the Table 1 [at the end of this section]; or (2) tree. otherwise agreed upon by the city coin- b. Renewable resource waivers. The tree mission and applicant. replacement and tree bank require- (3) Tree species. Relocated or replacement ments of this section shall not apply trees shall include only species and sizes if a permit based on sections 54(b)(8) defined as desirable trees (Appendix B) and 54(c)(4) is issued. If the permit - under this chapter. tee does not maintain and operate the permitted energy device for at (4) Transplanting and maintenance require- least three (3) years, the permittee ments. All trees transplanted pursuant must replace the removed trees or Supp. No. 23 318 TREE PROTECTION AND PRESERVATION pay a tree replacement fee to the city's tree bank as required by this section. (6) Replacement guidelines. The following tree replacement guidelines shall apply: a. All plant material specified shall be Florida Grades and Standard One (1) or better. b. For each tree located within a public conservation area (excluding jurisdictional wetlands determined by the St. John's River Water Management District or the U.S. Army Corp of Engineers, or as depicted on Map V-3: Existing Wetlands in the City of Winter Springs Comprehensive Plan) dedicated to the city as part of a development project, three (3) replacement tree credits may be applied to the total number of trees required to be replaced by this chapter. However, the minimum tree requirement set forth in section 5-13 shall still apply. Such public conservation area must be at least one (1) acre with widths not less than one hundred twenty-five (125) feet, unless otherwise approved by the city commission. In addition, trees approved by the city arborist to reforest such conservation area shall also be applied to the replace- ment requirement on a one -for -one basis. c. If the city commission determines, due to site conditions or configura- tion, it is impossible or impracticable for the applicant/developer to meet the requirements for tree replace- ment, under this subsection, the city commission may allow the applicant/developer to pay into the city's "tree bank" the amount it would have spent on replacement trees. d. Tree replacement credit shall be allowed for the installation of Supp. No. 23 319 preferred plants in accordance with the provisions set forth in Appendix B: Desirable Trees. In addition, for new development, tree replacement credit shall be allowed for the preservation of existing Desirable Trees on the development site, excluding wetland areas and exist - conservation areas, as follows: Reduction in Replace" DBH of Preserved Tree ment Trees 4" up to but not includ- ing 9" 1 credit 9" up to but not includ- ing 12" 2 credits 12" up to but not includ- ing 16" 3 credits 16" up to but not includ- ing 24" 4 credits Specimen and Historic Trees 0 credits e. Trees planted under a powerline shall not exceed a mature height of twenty-five (25) feet. £ Diversity of species shall be required foI replacement trees and not more than twenty (20) percent of the replacement trees shall be of a single species. g. All landscape plans shall be prepared by a landscape architect licensed by the State of Florida, unless the city determines the proposed landscap- ing or tree removal has a demini- mus impact on the property. (c) Replacement cost. The property owner shall be responsible for the cost of replacing the trees removed from their property. (d) Elimination of undesirable trees and shrubs. The natural vegetative communities existing within the city shall be protected by the control § 5-9 WINTER SPRINGS CODE and elimination of invasive, nonnative species. To that end, the following guidelines shall apply: (1) Planting of trees and shrubs listed in Appendix A, Undesirable Trees, is prohibited. (2) Removal of trees and shrubs listed on Appendix A, Undesirable Trees, from commercial, office, industrial, or multifam- ily sites (excluding jurisdictional wetlands) shall be completed, whenever practicable, as a requirement for approval of any development permit issued by the city or the issuance of a certificate of occupancy if applicable. (3) Control and elimination procedures shall in no way nrnmotn thn rn olife1afior ^f the species through the dispersal of seed or other vegetatively reproducing parts. (4) Control and elimination procedures shall in no way harm or "^Tlsc the decline of preserved or planted trees and landscap- ing. (e) Limited exception for existing single- family lots. Notwithstanding any other tree replacement standard set forth in this section, a tree removal permit for a single tree shall be granted, as a matter of right, for each existing single family home lot, provided the city arborist determines that: (1) The tree is not a specimen or historic tree; (2) The tree canopy covering the pervious portion of the lot after removal of the tree will be greater than fifty (50) percent; and (3) A permit under this subsection (e) had not been granted during the preceding ten-year period. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2010-04, § 2, 3-8-10; Ord. No. 2011-161 § 2, 2-27-12) Supp. No. 23 320 0 •N N •N YJ O U TREE PROTECTION AND PRESERVATION a� 0 0 0 0 0 O C) C) Q L a O H Sr O 4 N d ti w w w � H E� a a a a 0 N 0 0 0 0 o : 0 � � � � cqCq Q H + Supp. No. 23 321 § 5-10 Sec. 540. Prohibitions, WINTER SPRINGS CODE (a) Placement of materials, machinery, or temporary soil deposits. It shall be unlawful to place material, machinery, or temporary soil deposits within the tree protection zone, as calculated according to Appendix C: Calculating Tree Protection Zone, before or during construc- tion. Before or during construction the builder shall erect and maintain suitable protective bar- riers around all trees to be preserved. Upon written request, the city arborist, on a case by case basis, may allow material or temporary soil deposits to be stored within the protective bar- rier if no other storage is available. (b) Climbing spurs. It shall be unlawful to use climbing spurs or other similar device to aid in the climbing of a live tree, where such device causes the puncture or tears the bark of the tree. (c) Tree spiking. It shall be unlawful to introduce any type of poison or re, ctivematerial to a tree for the purpose of causing it to die or become diseased. (d) Structure and pavement location. It shall be unlawful to place any structure or impervious paving within eight -foot radius of any tree trunk or stem having a DBH of four (4) inches or more at caliper. (e) City trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights -of -way or upon any other city property without the permission of the city evidenced by the appropriate permit. (f) Attachments. It shall be unlawful to attach anything to a tree or stem, including nails or spikes, having a DBH of four (4) inches or more, other than protective wires, braces or other similar noninjurious materials. (g) Cut and fill guidelines. It shall be unlaw- ful to remove or add any material or ground within the tree protection zone unless otherwise permitted by the arborist. (h) Encroachment of the dripline. During the construction stage of development, the developer or property owner shall not cause or allow land clearing, the use of heavy equipment or material within the dripline of any tree or groups of trees Supp. No. 23 322 to be retained. IN shall the developer cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within the dripline of any tree or groups of trees, or where planting beds are to be situated. (i) Shearing, hat racking, topping or poodle trimming of trees (lollipop), lions -tailing, pollard. ing of Trees. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. It shall be unlawful to engage in exces- sive pruning techniques on trees intended for shade purposes. Excessive shearing, pruning or shaping shall only be allowed with a permit by demonstrating necessity or without a permit in times of emergency only. The following are deemed unlawful excessive pruning techniques which are prohibited on shade trees: (1) Lions tailing: The improper practice of removing most secondary and tertiary branches from the interior portion of the canopy leaving most live foliage at the edge of the canopy. de. (2) Topping, hatracking, stag heading, horning, lopping, and rounding over: the improper practice of reducing tree size by making heading cuts through a stem more than two (2) years old; a pruning practice that destroys tree architecture and serves to initiate discoloration and perhaps decay in the cut stem. (3) Pollarding: The pruning technique that removes sprouts back to the same loca- tion annually or biannually maintaining a tree to a specific height. (4) Shearing: A pruning technique which is typically accomplished with cuts made through wood less than a year old at the sides of the canopy to create uniform dense canopies. (5) Poodle trimming: Combines shearing and removing lower limbs to create tree forms that look like a "lollipop." LAND DEVELOPMENT nonconformity with the uniform building number- ing system. The notice shall be delivered to the owner or occupant by certified mail, return receipt requested or by posting it in a conspicu- ous place on the property or by hand delivery. Such notice may include a notification of a change of address which shall contain the new building number assigned to the building in accordance with the provisions of this article and shall direct the owner or the occupant to post the newly assigned building number on the building or property in accordance with section 9-374. The owners or occupants shall have thirty (30) days from receipt of the notice sent by certified mail or from the date of hand delivery if delivered by hand or from the date of posting if such notice is posted on the property to come into compliance with this article. (c) Assignment of a number, as set forth in this chapter, to a lot or parcel on which a projected future building may be constructed shall be a condition precedent to the issuance of a building permit for any such building. (Ord. No. 420, § I(1447.1-14-17.4), 643-88; Ord. No. 200143, § 1, 7-23-01) Sec. 9-374. Posting of numbers. Each building in the corporate limits of the city shall have its assigned building number properly displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building to post the assigned building number on the property in conformity with this article as follows: (1) The building address number shall be affixed to the building front or facade as defined in section 9-370 or to a separate structure such as both sides of a mailbox, post, wall, fence or other visible and commonly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. (2) Any numbers which are not clearly vis- ible and legible from the public or private way shall not be used. Supp. No. 23 § 9-385 (3) The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed and shall be not less than three (3) inches in height and one-half inch in width. (4) Numerals shall be made of a durable weather -resistant material permanently affixed to the front of the building or structure. (Ord. No. 420, § I(14-17.5), 6-13-88) Sec. 9-375. Reserved. Editor's note —Ord. No. 2001-43, § 1, adopted July 23, 2001, repealed former section 9-375 in its entirety which pertained to the numbering of addresses for properties annexed to the city and derived from Ord. No. 420, § I, adopted June 13, 1988. Sec. 9-376. Code enforcement special magistrate authority. As an additional means of ensuring compli- ance with the provisions of this article, the code enforcement board or special magistrate shall have jurisdiction and authority to hear and decide alleged violations occurring in the corporate limits of the city. Proceedings before the code enforcement board or special magistrate shall be governed by its rules and procedures. (Ord. No. 420, § I(14-20.2), 6-13.88; Ord. No. 2015-22, § 9, 10-26-15) Cross reference —Code enforcement board power, § 2- 61. 607 Secs. 9-377-9-380. Reserved. ARTICLE VIII. IMPACT FEES DIVISION 1. GENERALLY Secs. 9-381-9-385. Reserved. WINTER SPRINGS CODE DIVISION Z. TRANSPORTATION FACILITIES* Sec. 9-386. Transportation impact fees. Transportation impact fee provisions are set out in this division as sections 9.386.1 through 9-386.21. (Ord. No. 201640, § 2, 124246) Sec. 9-386.1. Short title, authority and applicability. (a) This division shall be known and may be cited as the "City of Winter Springs Road Impact Fee Ordinance" or the "City of Winter Springs Transportation Impact Fee Ordinance". (b) The planning fm•ap�l eu undcd ..onus needed to serve new growth and development that generate additional traffic and the implementation of these plans through the comprehensive planning process are the responsibility of the city under part II of F.S. ch. 163, F.S. § 163.3161 et seq., and specifically F.S. § 163.31801 (Florida Impact Fee Act), F.S. ch. 166, various laws relating to the power of the city undertaking zoning, planning and develop- ment activities, and is in the best interest of the health, safety, and welfare of the citizens of the city. (Ord. No. 512, § 1, 12-9-91; Ord. No. 201640, § 2, 1242-16) Sec. 9-386.2. Intent and purpose. (a) This division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities and infrastructure to new users as established by the Florida Supreme Court. *Editor's note —Ord. No. 480, § 1, adopted Mar. 12, 1990, enacted provisions pertaining to transportation impact fees, designated as Art. VIII, §§ 9-386-9-386.21, which have been further designated by the editor as Div. 2. Subsequently, Ord. No. 512, § 1, adopted Dec. 9, 1991, provided for the deletion of such provisions and enacted a new Div. 2, pertaining to the same subject matter, herein set out. Words in brackets [ ] have been added by the editor for clarity, and Exhibits A and B to such ordinance are included following this division. Cross references —Buildings and building regulations, Ch. 6; motor vehicles and traffic, Ch. 12; planning generally, Ch. 15; streets, excavations, etc., Ch. 17; zoning, Ch. 20. Supp. No. 23 608 (b) The implementation of a regulatory program that requires new development to pay a "transportation or road impact fee" that does not exceed a pro rata share of the reasonably anticipated expansion costs of new municipal collector roads needed to serve new growth and development is the responsibility of the city in order to carry out the traffic circulation element of its comprehensive plan, as required under Section 163.3161 et seq., Florida Statutes, and is in the best interest of the health, safety and welfare of the citizens of the City of Winter Springs. (c) The purpose of this division is to enable the City of Winter Springs to allow growth and development to proceed in compliance, with tho growth management plan, and Florida case and statutory law and to regulate growth and develop- ment so as to require growth and development to share in the burdens of growth by paying its pro ata siiarc " r the reasonably anticipated costs of needed municipal collector roadway improve- ments. (d) It is not the purpose of this division to collect fees from growth and development in excess of the cost of the reasonably anticipated improvements to the municipal collector road network and needed to serve the new growth development. It is specifically acknowledged that this division has approached the problem of determining the road impact fee in a conserva- tive and reasonable manner. (e) The technical data, findings and conclu- sions herein are based on the Comprehensive Plan of the City of Winter Springs and in part on the following studies and reports which are hereby adopted (by reference): (1) ITE Trip Generation Manual, ITE (9tf' Edition); (2) ITE Trip Generation Handbook (3rd Edi- tion); (3) Orlando Urban Area Transportation Stud- ies; (4) Special Report 209, Highway Capacity Manual, Transportation Research Board, 1985; LAND DEVELOPMENT § 9-386.4 (5) Generalized Daily Level of Service singular number shall include the plural Maximum Volumes for Florida's Urban/ and the plural the singular, unless the Urbanized (5000+) Areas, FDOT 2013; context clearly indicates the contrary. (6) Cost per Lane Mile -City of Winter Springs (d) The word "person" includes an individual, Transportation Impact Fee Update, 2005; a corporation, a partnership, an incorporated association, or any other (7) Existing Traffic Circulation Analysis, City similar entity. of Winter Springs Study, September, 1989, (e) Unless the context clearly indicates the Tipton Associates Incorporated and Left- with Consulting Engineers, Inc.; contrary, where a regulation involves two (2) or more items, conditions, provisions, (8) Future Traffic Circulation Analysis, City or events connected by the conjunction of Winter Springs Study, December, 1991, "and", "or" or "either ... or," the conjunc- Tipton Associates, Inc. and Leftwich tion shall be interpreted as follows: Consulting Engineers, Inc. (1) "And" indicates that all the con- nected terms, conditions, provisions (9) Input Data for Seminole and Volusia or events shall apply. Counties for Calculating Transportation Impact Fees for Convenience Stores, (2) "Or" indicates that the connected August, 1989, Tipton Associates items, conditions, provisions or Incorporated. events may apply singly or in any combination. (10) City of Winter Springs Transportation "Either . or" indicates that the Study, August 1997; Supplement No. 1 (3) December 1999; Supplement No. 2, Febru- connected items, conditions, provi- sions or events shall apply singly ary 2001; Supplement No. 3, February 20050 but not in combination. (f) The word "includes" shall not limit a (11) City of Winter Springs Transportation term to the specific example but is Impact Fee Update, September 1997; Update, December 1999; Update, Febru- intended to extend its meaning to all ary 2005; update October 2016. other instances or circumstances of like (Ord. No. 512, § 1, 12-9-91; Ord, No. 2005-10, kind or character. (Ord. No. 512, § 1, 12-9-91) § 22 3-14-05; Ord. No. 2016-10, § 2, 12-12-16) Sec. 9-386.3. Rules of construction. Sec. 9-386.4. Definitions. For the purpose of this division, the following For the purpose of administration and enforce- words and terms shall have the meaning ascribed ment of this division, unless otherwise stated, thereto: the following rules of construction shall apply: Access improvement: Road improvements neces- (a) In case of any difference of meaning or sary to provide safe and adequate ingress and implication between the text of this divi- egress and for efficient traffic operations. Access sion and any caption, illustration, sum- improvements include but are not limited to the mary table or illustrative table, the text following: shall control. (1) Right -of --way and easements; (b) The word "shall" is always mandatory (2) Left and right turn lanes; and not discretionary; the word "may" is permissive. (3) Acceleration and deceleration lanes; (c) Words used in the present tense shall (4) Traffic control devices, signage, and mark - include the future, and words used in the ings; and Supp. No. 23 609 § 9-386.4 (5) Drainage and utilities. WINTER SPRINGS CODE Accessory building, structure or use: A detached, subordinate building, structure or use, the use of which is clearly incidental to and serves the principal building or use of the land and which is located on the same lot as that of the principal building or use. Applicant: Any person who applies for a bu ing permit or certificate of occupancy. Arterial roads: A classification of roads which primarily functions to accommodate the move- ment of relatively large traffic volumes for relatively long distances at relatively high speeds. Land access, when provided, is subservient to the movement function. This classification liuluuea all roads which function above the level of a major collector road. Average trip length: The average length in miles of trips for each major land use category as determined from the Orlando Urban Area Transportation Study and adjusted to reflect the travel characteristics in the Orlando GMP Study Area, and special studies for particular land uses conducted by registered professional engineers. Building: Any permanent structure designed or built for the support, shelter or protection of persons, animals, chattels or property of any kind. Building permit: Any building or construction permit required under the Winter Springs Build- ing Code (chapter 6 of the City Code). Capacity; capacity per lane: The maximum number of vehicles for a given time period which a typical new lane can safely and efficiently carry at a specified level of service. Capacity per lane mile: The product of the capacity per lane times one (1) lane mile. Captured traffic: Diverted traffic plus passer- by -traffic. Collector roads: Intermediate classifications of roads which provide both land access and movement service for medium length trips. Development permit. Includes any building permit, conditional use, zoning approval, subdivi- Supp. No. 23 6I0 sion approval, rezoning, development order, special exception, variance, or any other official action of local government having the effect of permitting the development of land. Development site: The property under consideration for development and under single ownership at the time of application. Diverted traffic: Traffic that is already on the road network, which is attracted by the new land development and which may be transferred from another route. Encumbered: Funds committed in a capital improvements program for a specified improve- ment on a specified time schedule. Expansion: Road and intersection capacity enhancements which include but are not limited to extensions, widenings, intersection improve- ments, upgrading signalization and improving pa��eihe,it conditions. External trip: Any trip which has either its origin or destination at the development site but not both. Gross floor area: For purposes of the division, gross floor area shall be defined in the ITE Trip Generation Manual, 9t" Edition. Internal trip: Any trip which has both its origin and destination within the development site. Land development: Any building, structure or other land use including the uses associated with the building, structure or land. Land development activity generating traffic: The carrying out of any land development, includ- ing but not limited to building activity or the making of any material change in the use or appearance of any building, structure or land that attracts or produces vehicular trip(s) over and above that produced by the existing use of the land. Land use: For the purpose of calculating the proper impact fee for each land use provided in the impact fee schedules, the definitions provided for applicable land uses in the ITE Trip Genera- tion Manual 9tn Edition shall apply. LAND DEVELOPMENT Local roads: A classification of roads which primarily functions to accommodate land access for abutting property. Local roads may provide service for relatively small traffic volumes for relatively short distances at relatively low speeds. Through traffic movement, when provided, is subservient to the land access function. This classification includes all roads which function below the level of a municipal collector road. Marginal cost: The additional cost incurred to provide a non -site -related improvement over and above that which would be necessary to only provide the site -related improvement needed to serve the development. Non -site -related improvements: Road improve- ments, including rights -of -way, which are neces- sary to provide safe and adequate travel service for the movement of vehicular traffic, and which are in excess of or in addition to site -related improvements. Non -site -related improvements may include on -site or off -site improvements to the municipal collector road network. Off -site improvements: Road improvements located outside of the boundaries of the develop- ment site which are necessary to provide safe and adequate travel service for vehicular traffic. On -site improvements: Road improvements located within the boundaries of the develop- ment site which are necessary to provide safe and adequate travel service for vehicular traffic. Passer -by -traffic: Traffic already on the road adjacent to the development site. Road impact fee; impact assessment; fee: The fee required to be paid in accordance with this division. Road improvements: Physical assets, constructed or purchased, that are necessary to provide safe and adequate travel service for vehicular traffic. The acquisition, expansion or development of road improvements includes transportation planning, preliminary engineer- ing, engineering design studies, land surveys, right-of-way acquisition, engineering, permit- ting, inspection and testing during construction, S11pp. No. 23 § 9-386.4 and construction of all the necessary features for any road construction project including, but not limited to: (1) Construction of the through lanes; (2) Construction of turn lanes; (3) Construction of bridges; (4) Construction of drainage facilities in conjunction with roadway construction; (5) Purchase and installation of traffic signalization, signage and markings; (6) Construction of curbs, medians and shoulders; and (7) Relocating utilities to accommodate roadway construction. Road network: The interconnecting system of streets, roads, highways and other public ways open to vehicular travel by the public generally anI dedicated to the public use. The road network includes existing public roads, planned exten- sions to existing public roads and planned new roads. 611 Site -related improvements: Road improve- ments, including rights -of --way, which are neces- sary to provide safe and adequate travel service for the movement of vehicular traffic between the traffic -generating land uses within the development, between the development and the existing road network and access improvements. Site -related improvements may include on -site improvements to the road network. Structure: Anything constructed, erected or placed, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground. Traffic -generating land uses; traffic-generat- ingdevelopment: Any building, structure or other use of the land that increases the generation of vehicular trips over and above that generated by the previous use. Trip: The movement of vehicular travel from an origin to a destination. For the purposes of this division, trip shall have the meaning which § 9-386.4 WINTER SPRINGS CODE it had in commonly accepted traffic engineering practice and which is substantially the same as that definition in the previous sentence. Trip generation: The attraction or production of trips caused by the use or activity associated with a given type or classification of land develop- ment. Trip rate; trip generation rate: The average number of vehicle trips which can be attributed to a specific type of land use activity per unit of development per day as documented in the ITE Trip Generation Manual, 9th Edition. Unit of development: The standard incremental measure of land development activity for a specific type of land use upon which the trip generation gate is uaseu as uucuiiieuteu in ;he iiJ 'l'rip Generation Manual 9th Edition. Vehicle miles of travel; lane miles: The sum of the product of the length of each roadway link tines clip number of trips on each link as identified in the Winter Springs Future Year Network with Existing Traffic Volumes Study. (Ord. No. 512, § 1, 12-9-91; Ord, No. 2004-49, § 3, 12-13-04; Ord. No. 2016-10, § 2, 12-12-16) Sec. 9-386.5. Limitations on issuance of building permits. Any person who applies for the issuance of a building permit for land development activity Sec. 9-386.7. Road impact fee rate schedule. which will generate additional traffic shall be required to pay a road impact fee in the manner and amount set forth herein. Except as provided elsewhere in this division, no building permit for any land development activity generating traffic requiring payment of a road impact fee pursuant to this division shall be issued unless and until the road impact fee hereby required has been paid. Except as provided elsewhere in the division, no person shall carry out any land development activity generating traffic unless and until the road impact fee required by this division has been paid and a building permit has been issued. (Ord. No. 512, § 1, 12-9-91) u"-u"u'a�.'u'. Yl'r: Y. GY YYYYYY(J/Y.Y�i1'YY W'Y llyflYY YYYY�I LrY:L fees. The road impact fee for any land development activity generating traffic shall be determined Pith^r by i,sing the fee late schedule se>c ioich in section 9-386.7 or by using the independent method of calculation set forth in section 9-386.8 of this division. Also, any applicant may propose to enter into an impact agreement with the city as set forth in section 9-386.10 of this division in order to establish just and equitable impact fees or their equivalent which are appropriate to the specific circumstances of the land development activity generating traffic. (Ord. No. 512, § 11 12-9-91) Any person may determine their road impact fee by using the following fee rate schedule: Land Use Description Impact Unit Impact Fee/ Unit Residential 210 Single-family DU $1,342.00 220 Multi -family DU 937.00 240 Mobile home DU 703.00 254 Assisted living facility Bed 375.00 253 Congregate care DU 284.00 Office 710 General office building 1,000 SF GFA 1,555.00 720 Medicalldental office building 1,000 SF GFA 5,096.00 Institutional 560 Church 1,000 SF GFA 1,186.00 565 Day care center 1,000 SF GFA 3,214.00 536 Private school Student 213IT00 Supp, No. 23 612 LAND DEVELOPMnNT § 9-386.7 Land Use Description Impact Unit Impact Feel Unit Medical 610 Hospital 1,000 SF GFA 1,864.00 620 Nursing home Bed 386.00 630 Clinic 1,000 SF GFA 4,436.00 Commercial 815 Discount store 1,000 SF GFA 3,347.00 816 Hardware/paint store 1,000 SF GFA %470.00 817 Nursery/garden store 1,000 SF GFA 3,827.00 Shopping center/ retail: - - - 820 0-50,000 sq. ft. 1,000 SF GLA 4,338.00 820 50,001-100,000 sq. ft. 1,000 SF GLA 3,404.00 820 100,001 sq. ft. and greater 1,000 SF GLA 2,140.00 848 Tire store 1,000 SF GFA 1,384.00 850 Supermarket 1,000 SF GFA 3,549.00 851 Convenience store (24-hour) w/o gas 1,000 SF GFA 7,847.00 862 Home improvement superstore 1,000 SF GFA 1,354.00 890 Furniture store 11000 SF GFA 335.00 931 Quality restaurant 1,000 SF GFA 7,104.00 932 High turnover (sit-down) restaurant 1,000 SF GFA 5,504.00 933 Fast food restaurant w/out drive-thru 1,000 SF GFA 27,733.00 934 Fast food restaurant w/drive- thru 12000 SF GFA 19,216.00 942 Auto care center 1,000 SF GFA 688.00 853 Convenience market w/gas pumps 1,000 SF GFA 51449000 945 Gas service station w/convenience Fueling position 1,342.00 947 Self service car wash Stall 4,007.00 Services 911 Walk in bank 1,000 SF GFA 2,278.00 912 Drive in bank 1,000 SF GFA 4,565.00 The fee rate schedule is presented for the convenience of the public and may be used in lieu of the independent method of calculation set forth in section 9-386.8. The fee rates have been calculated using the method of calculation presented in section 9-386.8 using recognized accepted trip generation rates based upon accept- able national and local averages. For the convenience of the public the fee rates which are based on trip generation have been converted to dollar amounts per unit of development, i.e., per dwelling unit, per one thousand (1,000) square Supp. No. 23 613 feet, per room, etc., depending upon the type or classification of land development. The road impact fee is determined by the following provi" sions: (1) Road impact fee rate schedule set forth in this section. (2) The total road impact fee for a specified type of land development activity is calculated by multiplying the impact fee rate for the specified type of land develop- § 9-386.7 WINTER SPRINUS CODE ment activity by the number of units of reasonably sufficient evidence that the development of the specified type of previous land use or activity was actu- development activity. ally maintained on the site at any time (3) When a land development activity for during the five-year period prior to the date of application for the new develop - has been made includes two (2) or more which an application for a building permit ment approval. Such evidence may include buildings, structures or other land uses proof of utility records, records for the in any combination, including two (2) or use sought to be shown, or other more uses within a building or structure, documentation. Local business tax receipt the total road impact fee assessment issuance is not of itself substantial proof shall be the sum of the products, as (8) In the event that an applicant for a calculated above, for each and every build- building permit or the City of Winter ing, structure or other use, including Springs contends that the land use for each and every use within a building or which the building permit is proposed is structure, unless otherwise provided for not within the categories listed in the in this division. impact fee schedule set forth in this (4) In the case of a change of use, redevelop- section, or fits within a different category, ment or modification of an existing build- then the city manager, or his designee ing, structure or other land development shall make a determination as to the activity which requires the issuance of a appropriate land use designation which building permit, the impact fee shall be i eo rsi"L01ic witli curIeilt practices to based upon the new increase in the impact add land use categories to the fee rate fee for the new or proposed land develop- schedule following submission to the com- ment activity as compared to the existing mission. In addition, either the city or or last previous land use or activity. the applicant can propose actual studies or surveys in order to calculate the most (5) In the case of a demolition of an existing appropriate fee rate. Such determination building or structure, the impact fee for may be appealed to the city commission future redevelopment shall be based upon by filing a written notice of appeal to the the net increase in the impact fee for the city manager or designee pursuant to new or proposed land development activ- section 9-386.21, ity as compared to the land use or activ- (Ord. No. 512, § 1, 12-9-91; Ord. No. 638, § I, ity existing prior to demolition. Credit 2-10-97; Ord. No. 2006-23, § 5, 12-11-06; Ord. for the prior use shall not be transferable No. 2016-10, § 2) 1242-16) to another location. (6) In the case of a relocation of a building or Sec. 9-386.8. Independent impact fee structure, an impact fee shall be assessed calculation, to the relocated building at its new loca- tion. Future redevelopment of the old (a) In the event an applicant believes that the location from which the building was impact of this development on the municipal removed will receive a credit against the collector road network will be less than that impact fee assessed equal to the impact presumed in this division, the applicant may submit a proposed scope of work for determining fee that would have been assessed against the relocated structure. Credits shall not an independent fee calculation which shall comply be transferable to the new location. with the methodology in the latest transporta- tion impact fee study adopted by the city com- (7) In order to take advantage of subsection mission to support this division. Upon approval (4), (5) or (6) (above) and pay impact fees of the scope of work the applicant may submit an only for the net increase in development independent fee calculation to the city manager activity, the applicant shall provide or his designee, pursuant to the provisions of Supp. No. 23 614 LAND DEVELOPMENT this section. If the city manager, or his designee, Inds that the data, information and assump- tions used by the applicant to calculate the independent impact fee satisfy the requirements of this section, the independent impact fee shall be deemed the impact fee due and owing for the proposed development. Since processing of independent impact fee calculations involves significant staff time, applicants should submit their independent impact fee calculation at least sixty (60) days prior to the date they will need a final determination of their impact fee. Alternatively, an applicant may pay the impact fee normally required at the time of seeking a building permit, subject to possible reimburse- ment of any excess paid according to the final independent impact fee determination. The city's costs for administering and evaluating the independent impact fee, including but not limited to the cost of independent consulting engineers, shall be borne by the applicant. (b) In the event the city believes that the impact of the proposed development on the municipal collector road network is greater than that presumed in this division, the city may accomplish an alternative independent impact fee calculation to increase the transportation impact fee. This calculation shall comply with the methodology in the latest transportation impact fee study adopted by the city commission to support this division. The city manager or his designee shall notify the applicant in writing within five (5) workdays following the formal pre -application meeting with city staff concern- ing this project. If the city chooses to accomplish an independent impact fee calculation to increase the transportation impact fee for the proposed development, the cost of accomplishing such independent impact fee calculation shall be borne by the city. The city manager or his designee shall have final authority to determine the appropriate transportation impact fee for the proposed project based upon an evaluation of the city's independent impact fee calculation. (c) Data, information and assumption require- ments: The independent impact fee calculations shall be based on data, information or assump- tions contained in this division or independent sources, provided that: (1) The independent source is an accepted standard source of transportation engineering or planning data; or § 9-386.8 (2) The independent source is based on actual studies or surveys conducted in the Orlando Urban Area, or with the specific approval of the city manager, or his designee, in other urban areas and car- ried out by a qualified registered engineer pursuant to an accepted methodology of transportation planning or engineering. (3) The methodology used for the independent impact fee calculations shall use the same methodology as the latest transportation impact fee study adopted by the city commission. (d) Total road impact fee calculation: The total road impact fee assessment for a specified type of land development activity generating traffic for which an application for a building permit has been made is calculated by use of the following formula: Supp. No. 23 615 TIF = (IFR)(NUD) IFR = Impact fee rate for specific land use as determined in section 9.386.8(c)(3). NUD = Number of units in a develop- ment of the specified type of development activity. (e) When a land development activity for which an application for a building permit has been made includes two (2) or more buildings, structures or other land uses in any combina- tion, including two (2) or more uses within a building or structure, the total road impact fee assessment shall be the sum of the products, as calculated above, for each and every building, structure or other use, including each and every use within a building or structure, unless otherwise provided for in this division. (f) In the case of a change of use, redevelop- ment, or modification of an existing building, structure or other land development activity which requires the issuance of a building permit, the impact fee shall be based upon the net increase in the impact fee for the new or proposed land development activity as compared to the existing or last previous land use or activity. § 9-386.8 WINTER SPRINGS CODE (g) A determination by the city manager or his designee, that the independent calculation does not satisfy the requirements of this section may be appealed to the city commission. (Ord. No. 512, § 1, 12-9-91; Ord, No. 589, § I, 10-9-95; Ord. No. 638, § III, 240-97; Ord. No. 2016-10, § 21 124246) Sec. 9-386.9. Presumption of maximum impact. Development is presumed to have the maximum impact on the municipal collector road network. The proposed development activity for which an application for a building permit has been filed shall be presumed to generate the maximum number of average daily vehicle trips, vehicle miles of travel and lane miles of travel to be generated by the most appropriate land use category(s) as determined by the city manager, o' Ills designee. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.10. Impact agreement. Any applicant may propose to enter into an impact agreement with the city designed to establish just and equitable fees or their equivalent and standards of service needs appropriate to the circumstances of the specific development proposed. (1) Such an agreement may include, but shall not be limited to provisions which: a. Modify the presumption of maximum impact set forth in section 9-386.9 and provide an impact fee which may differ from that set forth in section 9-386.7 by specifying the nature of the proposed development for purposes of computing actual trips, provided that the agreement shall establish legally enforceable means for ensuring that the actual number of trips generated will not exceed the estimated trips gener- ated by the agreed upon develop- ment. Supp. No. 23 616 b. Permit the construction of specific transportation improvements in lieu of or with a credit against the road impact fee assessable. c. Permit a schedule and method for payment of the fees in a manner appropriate to the particular and unique circumstances of the proposed development in lieu of the require- ments for payment of the fees as set forth in section 9-386.8, provided that security is posted ensuring pay- ment of the fees, in a form accept- able to the city, which security may be in the form of a cash escrow deposit, surety bond, or letter of credit. (2) Any agreement proposed by an applicant pursuant to this subsection shall be presented to and approved by the city commission prior to the issuance of a building permit. Any such agreement shall provide for execution by mortgagees, lienholders or contract purchasers in addi- tion to the land owner, and shall require the applicant to record such agreement in the official records of Seminole County. The city commission shall approve such an agreement only if it finds that the agreement will apportion the burden of expenditure for new facilities in a just and equitable manner, consistent with the principles set forth in Florida Statutes and case law. (Ord. No. 512, § 1, 12-9-91; Ord. No. 2016-10, § 2, 12-12-16) Sec. 9-386.11. Credits. (a) An applicant shall be entitled to a credit against future road impact fees assessed pursu- ant 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 in an amount equal to: (1) The cost of non -site -related improve- ments to the municipal collector road network (including on -site and site- LAND DEVELOPMENT § 9-386.12 adjacent collectors to the extent such (f) Any petition for the issuance of credits improvements are in excess of or in against any road impact fee assessed pursuant addition to site -related improvements); to this division shall be submitted to the city or manager, or his designee, and must contain: (2) The contribution of land, money or services (1) A notarized sworn statement that the for non -site -related improvements to the petitioner is the current owner of the municipal collector road network (includ- property; ing on -site and site -adjacent municipal (2) A copy of any impact agreement, credit collectors to the extent such improve- agreement, or other documentation on ments are in excess of or in addition to which the applicant relies for the claim site -related improvements); or which may pertain to the issuance of (3) Non -site -related roadway improvements such credits; previously contributed, paid for or com- (3) A certified copy of the latest recorded mitted to by the applicant or his predeces- deed; and sor in interest (including on -site and site -adjacent municipal collectors to the (4) Such other information which may be extent such improvements are in excess reasonably necessary to ascertain cur - of or in addition to site -related improve- rent ownership of the property and the menu). current status of the agreements for credits. a. No credit will be granted pursuant (Ord. No. 512, § 1, 12-9-91; Ord. No. 2016-10, to this subsection unless the costs of § 2, 12-12-16) the improvements were paid for and the contributions made within the Sec. 9-386.12. Vested rights. last five (5) years. (a) A developer or successor in interest of (b) The credits shall be based on but not land which has received a development permit limited to the following criteria: may petition the city commission for a vested (1) The actual cost, or estimated cost of rights determination which would exempt the petitioner from the provisions of this division. improvements based on recent bid sheet y. Such petition shall be evaluated by the city information of the city or Seminole Count attorney and a recommendation thereon submit- (c) Previous development permits wherein ted to the city commission based on the following voluntary road impact fees were specified and criteria: paid shall be binding as to any building permit (1) There exists a valid, unexpired already issued on land subject to the develop- governmental act of authorizing the ment permit. Road improvements required by specific development for which a previous development permits shall not be given determination is sought; a credit unless they meet the requirements of subsections (a) and (b) above. (2) Expenditures or obligations made or incurred in reliance upon the authoriz- (d) Any credit issued pursuant to this section ing act that are reasonably equivalent to shall run with the land on which the credit the fees required by this division; pertained and may only be transferred by the holder of said credits to any successor in interest (3) That it would be inequitable to deny the in the parcel of land to which the credit pertained. petitioner the opportunity to complete the previously approved development (e) Any agreement for the issuance of credits under the conditions of approval by requir- against any road impact fee assessed pursuant ing the developer to comply with the to this division shall be included in an impact requirements of this division. For the agreement as set forth in section 9-386.10. purposes of this subsection, the following Supp. No. 23 617 § 9-386.12 WINTER SPRINGS CODE factors shall be considered in determin- ing whether it would be inequitable to deny the petitioner the opportunity to complete the previously approved develop- ment; a. Whether the injury suffered by the petitioner outweighs the public cost of allowing the development to go forward without payment of the fee required by this division; b. Whether the expenses or obliga- tions were made or incurred subsequent to January 22, 1990, after which date the adoption of this division was pending; and i.. Y111C1 Ll V1C� 1C lJ1JCl'itbllln Ul 61115 U1V1- sion would create an onerous burden which would prevent the petitioner from making a reasonable return on his investment. (b) The city shall not permit the extension of a building permit beyond the initial time period for activation without the applicant complying with the provisions of this division. (c) If a previously approved development order or other binding agreement contained conons regarding traffic impacts, road impact fees and their designated uses, or off -site transportation improvements, the developer or his successor may request a modification of such prior approv- als in order to bring the approval conditions into consistency with this division. Any such modifica- tion of prior approvals and amendments to development orders so accomplished shall not be deemed a substantial deviation under Chapter 380 of Florida Statutes. Any petition for such modification of prior approvals and amendments to development orders under the provisions of this subsection must be filed with the city manager within one (1) year of the effective date of this division. (d) If a previously approved development order or other binding agreement provides fol• the mitigation of the traffic impacts of said develop- ment and if the city manager, or his designee, determines that such traffic impact mitigation measures are substantially consistent with the Supp. No. 23 618 requirements of this division, then the road impact fee payable for such development under this division shall be revised accordingly to reflect the presumed traffic impact of said develop- ment. There shall be a presumption that the traffic impact mitigation provisions of any develop- ment order approved more than five (5) years prior to the adoption of this division are not substantially consistent with the requirements of this division. This subsection shall not apply where a development order previously approved provides that at such time as the city adopts transportation impact fee provision, thereafter the provisions and terms of the adopted impact fee provision will apply to the development project. Any petition for such modification of nrinr aT�T1Tn�7a��' �nrl �m�,�r7m.nf � +.+ N ment orders under the provisions of this subsec- tion must be filed with the city manager within one (1) year of the effective date of this division. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.13. Site -related road improve- ments. The road impact fee formula contained in this division is designed to calculate the costs inher- ent in the construction on non -site -related improvements to the municipal collector road network and is not intended to assess an amount that constitutes an approximation of the costs to construct site -related roadway improvements. Therefore, if an assessment for the construction of site -related roadway improvements is required as a condition of development approval, then to the extent permitted by law, said assessment or construction requirements shall be considered as an addition to the assessment calculated pursu- ant to the terms of this division. (Ord. No. 512, § 1, 12-9-91; Ord. No. 2016-10, § 2, 12-12-16) Sec. 91w386.14. Exemptions. The following shall be exempted fiom pay- ment of the road impact fee: (1) Those land development activities which have received a building permit prior to the effective date of this division except as provided for in other sections of this division. LAND DEVELOPMENT (2) Alteration or expansion of an existing dwelling unit where no additional units are created or the use is not changed. (3) The construction of accessory buildings or structures, to the extent that there is no increase in trip generation and which will not increase the external trip genera- tion of the principal building, structure or use. (4) The replacement of a destroyed or partially destroyed building, structure, or use with a new building or structure of like size, capacity and use to the extent that there is no increase in trip generation. (5) 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). (Ord. No. 512, § 1, 12-9-91; Ord, No. 2016-10, § 2, 12-12-16) Sec. 9-386.15. 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. (b) Funds withdrawn from the account must be used solely in accordance with the provisions of this division. The disbursal of such funds shall require the approval of the city commission, upon recommendation of the city manager and staff. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.16. Collection of road impact fee assessment. (a) Except as provided for in section 9-386.10 of this division, the road impact fee assessment shall be due and payable at the time of issuance of the building permit for the land development activity generating traffic. (b) The road impact fee shall be collected by the city manager or his designee. (Ord. No. 512, § 1, 12-9-91; Ord. No. 589, § I, 10-9-95; Ord. No. 638, § IV, 2-10-97; Ord. No. 2016-10, § 2, 1242-16) § 9-386.17 Sec. 9-386.17. Use of funds collected. (a) The funds collected by reason of establish- ment of the road impact fee in accordance with this division shall be used solely for the purpose of administering, planning, acquisition, expan- sion and development of non -site -related improve- ments to the municipal collector road network determined to be needed to serve new develop- ment, including, but not limited to: Supp. No. 23 Al (1) Corridor studies and environmental assessments; (2) Design and construction plan prepara- tion; (3) Right-of-way acquisition; (4) Construction of new through lanes; (5) Construction of new turn lanes; (6) Construction of new bridges; (7) Construction of new drainage facilities in conjunction with new roadway construc- tion; (8) Purchase and installation of traffic signalization; (9) Construction of new curbs, medians and shoulders; (10) Construction inspection and testing. (b) All funds shall be used in a manner consistent with the principles set forth in state case and statutory law and otherwise consistent with all requirements of the Constitution of the United States and the State of Florida and all applicable laws. Said funds shall not be used to maintain or repair any roads. (c) Interest on funds. Any funds on deposit not immediately necessary for expenditure shall be invested in interest -bearing accounts. All income derived shall be deposited in the trust account. (d) The city shall be entitled to retain an amount totaling three (3) percent, not to exceed a total of five thousand dollars ($5,000.00), of the aggregate of all impact fees it collects annually pursuant to this division which retained funds shall be utilized to offset the actual administra- § 9-386.I I WINTI R SPRINGS CODI; tive costs associated with the collection and use of said funds that year pursuant to this division. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.18. Return of funds. If it is determined by the city that fee assess- ments collected pursuant to this division have not been spent or encumbered for expenditure by the end of the calendar quarter immediately following six (6) years from the date the fee was received or if the development for which the fees were paid was never begun and the building permit expired, then said funds shall be eligible for refund to the then present property owner in accordance with the following procedures: (1) The then present prenerty evvnPr mast. petition the city for the refund within one (1) year following the end of the calendar quarter immediately following five (5) years from the date on which the fee was received by the city; (2) The petition must be submitted to the city manager and must contain: a. A notarized sworn statement that the petitioner is the current owner of the property or his authorized agent; b. A copy of the dated receipt issued for payment of the fee or other competent evidence of payment. c. A certified copy of the latest recorded deed; d. A copy of the most recent ad valorem tax bill; and e. A copy of the building permit or development agreement pursuant to which the impact fees were paid; f. Such other information which may be reasonably necessary to ascertain current ownership of the property. (3) Within sixty (60) days from the date of receipt of petition for refund; the city manager or his designee shall advise the petitioner and the city commission of the status of the fee requested for refund. For the purpose of determining whether Supp. No. 23 620 fees have been spent or encumbered, the first money placed in the trust fund account shall be deemed to be the first money taken out of the account when withdrawals have been made. (Ord. No. 512, § 1, 12-9-91; Ord, No. 2016-10, § 2, 12-1246) Sec. 9-386.19. Review This division shall be reviewed by the city commission periodically in order to maintain current local data analysis, rate schedules, and reasonable regulations in compliance with applicable law. The review shall include trip generation rates, trip lengths, construction and right-of-way acquisition rates, trip lengths, rnp try"�?ct.✓n i ...r ., �- �b r`v'uy uuquii�i�lvi iiiSt,S, division provisions, impact fee rates and other applicable items. The purpose of this review is to analyze the effects of inflation on the actual costs or roadway improvements, to review and revise; necessary, the transportation improvement program, and to ensure that the fee charged new land development activity generating traffic will not exceed its pro rata share for the reasonably anticipated expansion costs of road improve- ments necessitated solely by its presence. Failure of the city to periodically undertake such a review shall result in the continued use and application of the existing fee schedule and other data. (Ord. No. 512, § 1, 12-9-91; Ord, No. 2016-10, § 2, 12-12-16) Sec. 9-386.20. Penalty. Violations of this division shall constitute a misdemeanor of the second degree enforceable in accordance with section 1-15 of the City Code or in the alternative by an injunction or other legal or equitable relief in the circuit court against any person violating this division, or in an appropriate case by both criminal and civil injunc- tive relief. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.21. Appeals of impact fee determinations. (a) Any person desiring to appeal an administrative decision regarding the payment of impact fees or credits shall file a written LAND DEVELOPMENT notice of appeal with the city manager. Said notice shall be filed within thirty (30) days of the decision sought to be appealed. A required process- ing fee of five hundred dollars ($500.00) shall be submitted with the notice of appeal in order to defray actual administrative costs associated with processing the road impact fee appeals. (b) All notices of appeal shall include a full explanation of the reasons for the appeal, specify- ing the grounds therefor, and containing an documentation which the applicant desires to be considered. The appeal shall contain the name and address to the person(s) filing the appeal and shall state their capacity to act as a representative or agent if they are not the owner of the property to which the impact fees or credit(s) pertain. (c) Within thirty (30) days following the receipt of the written notice of appeal, the city manager, or his designee, will review the appellant's writ- ten report, supporting documentation and departmental staff reports. The thirty -day review period may be extended if additional information is needed from the appellant in order to render a decision. Upon completion of the administrative review, the city manager will provide a written response to the appellant constituting a final administrative determination. (d) Any person desiring to appeal the final administrative determination of the city manager regarding the payment of impact fees or credits shall file a written notice of appeal to city commission. Said notice of appeal to city commis- sion shall be filed with the city manager within fifteen (15) days following receipt of the final administrative determination. Receipt shall be construed to have occurred when the final administrative decision is deposited in the United States mail postage prepaid to the person whose name and address was identified in the original notice of appeal. (e) All notices of appeal shall include a full explanation of the reasons for the appeal, specify- ing the grounds therefor, and containing any documentation which the applicant desires to be considered. The appeal shall contain the name and address of the person(s) filing the appeal and shall state their capacity to act as a § 9-386.21 representative or agent if they are not the owner of the property to which the impact fee or credit pertain. (f) The city clerk will schedule all impact fee appeals for the first city commission meeting following ten (10) days from receipt of the writ- ten notice of appeal to city commission. Postpone- ments of the city commission appeal date may be granted by the city clerk if they are requested in writing at least ten (10) days in advance of the scheduled city commission meeting date. (g) When an appeal is scheduled for oral presentation before the city commission, the appellant and the city staff shall each be given fifteen (15) minutes at the oral argument to present the appeal and to discuss the submitted written record. (h) Final decisions made by the city commis- sion shall be in writing and subject to appeal to a couA of competent jurisdiction. (Ord. No. 512, § 1, 12-9-91; Ord. No. 2016-10, § 2, 1242-16) Supp. No. 00 621 § 9-306.2I WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 23 622 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. Supp. No. 23 625 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 23 626 Chapter 12 MOTOR VEHICLES AND TRAFFIC* Article I. In General Sec. 12-1. Definitions. Sec. 12-2. Adoption of state law. Secs. 12-3-12-25. Reserved. Article II. Administration Sec. 12-26. Duties of the police department to regulate motor vehicles and traffic. Sec. 12-27. Duties and powers of chief of police relative to operation and parking of vehicles. Sec. 12-28. Powers and duties of traffic violation bureau. Sec. 12-29. Issuance of citations. Sec. 12-30. Fines for violations. Sec. 12-31. Failure to obey citation. Sec. 12-32. Alteration or destruction of citation. Sec. 12-33. Referral of parking violations to hearing officer. Secs. 12-34-12-50. Reserved. Article III. Regulations Division 1. Generally Sec. 12-51. General. Sec. 12-52. Vehicular speed limits. Sec. 12-53. Abandonment of motor vehicles prohibited. Sec. 12-54. Reserved. Secs. 12-55-12-64. Reserved. Division 2. Stopping, Standing, Parking C. 12-65. General prohibitions. Sec. 12-66. Cleaning, repairing vehicles on roadway. Sec. 12-67. Obedience to signs, markings. Sec. 12-68. Use of bus, taxi stands. Sec. 12-69. Loading/unloading zones. Sec. 12-70. Mobile homes to be parked in mobile home parks; exception. Division 3. Operation of Golf Carts Sec. 12-71. Definitions. Sec. 12-72. Use of golf carts on designated roadways. Sec. 12-73. Restrictions. Sec. 12-74. Required equipment. Sec. 12-75. Inspection and registration of golf carts required. Sec. 12-76. Insurance required. *Cross references- Procedure for disposition of abandoned property, § 2-1; arboreal standards of the City of Winter Springs, Ch. 5; limitations on obstruction of clear vision when adjacent to street, intersection, etc., § 6-191 et seq.; obstruction of fire hydrants prohibited, § 7-4; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; off-street parking and loading requirements, § 9-276 et seq.; transportation facilities impact fee, § 9-386 et seq.; comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17. State law reference -Uniform traffic control law, F.S. ch. 316. Supp. No. 23 815 WINTER SPRINGS CODE Sec. 12-77. Enforcement, Secs. 12-78, 12-79, Reserved, Article IV Red Light Code Enforcement Infraction Sec. 12-80. Legislative findings and intentlpurpose. Sec. 12-81. Use of traffic infraction detectors. Sec. 12-82. Definitions. Sec, 12-83. Adherence to red light traffic control signals. Sec. 12-84. Violation. Sec. 12-85. Implementation of general law. Sec. 12-86. Review of recorded images. Sec. 12-87. Notice of violation. Sec. 12-88. Uniform traffic citation. Sec. 12-89. Signage. Sec. 12-90. Consistency with state law. Secs. 12-91-12-99. Reserved. Sec. 12-100. Article V. Impoundment of Motor Vehicles Impoundment of motor vehicles used to facilitate certain misdemeanor crimes and parking and traffic regulations. Supp. No. 23 816 MOTOR VEHICLES AND TRAFFIC § 12-53 Sec. 12-53. Abandonment of motor vehicles (e) Enforcement. When a disabled or prohibited. abandoned vehicle is found to be in violation of this section: (a) No person in charge or in control of any property, public or private within the city, whether (1) The code inspector shall place a written an owner, tenant, occupant, lessee, or otherwise, notice on the vehicle's window indicating shall allow any derelict, disabled or abandoned that it is in violation of this section and vehicle to be placed or remain on any roadway, that it must be removed within ten (10) street, alley, highway, private property, public calendar days or it will be subject to property, public right -of --way or easement unless removal by the city. The code inspector such vehicle is within a completely enclosed shall make every reasonable attempt to building, or is on the premises of an automotive ascertain the owner of the vehicle and repair or storage business for which the owner of the owner of the property, and shall the business has a current city occupational notify such owner(s) with a written notice license and zoning approval. However, a disabled delivered by personal service or mail at vehicle may not remain on the premises of an their current address, last known address auto repair business or storage business in excess or the address appearing on the certificate of one "hundred eighty (180) days. A vehicle of title for the vehicle. Such notice on a covered with a car cover does not constitute vehicle window shall not be less than enclosure or storage of disabled vehicle. eight (8) inches by ten (10) inches and (b) Evidence. A vehicle will be in violation of shall be fluorescent orange in color, suf- this section if it is in a state of evident disuse, ficiently weatherproofed to withstand neglect or abandonment. Evidence may include, normal exposure to the elements. but not limited to, factors such as: at the same (2) Within the ten (10) calendar day period location for forty-eight (48) consecutive hours, specified in the notice, the owner of the vehicle being wrecked, and/or inoperative as vehicle or the owner of the property or an evidenced by vegetation underneath as high as authorized agent may appeal to the direc- the vehicle body or frame, refuse or debris for of code enforcement or his/her collected underneath or the vehicle being used designee. The director of code enforce - solely for storage purposes, if it is partially ment or his/her designee shall determine dismantled, having no engine, transmission, or the validity of the violation and may for other major and visible parts, having major and visible parts which are dismantled, having no good cause extend the time for compli- valid license tag, or being in any physical state ante or removal. If such an appeal is rendering it inoperable or unsightly to the made, no removal shall be required until neighborhood. after said appeal has been finally determined. (c) Interpretation of this requirement. Noth- ing in this part shall be construed as permitting (3) The property or vehicle owner(s) may the disassembling, the tearing down or scrap- appeal the director's or his/her designee's ping of a vehicle or to permit one vehicle to be final decision to the code enforcement scavenged or stripped for parts for use on another board or special magistrate for a vehicle. determination as to whether the property is subject to removal. (d) Responsibility for compliance. The owner, agent and/or tenant of the property on which the (4) If no appeal is made and the disabled violation occurs and the owner of the disabled vehicle remains in violation after the ten vehicle shall be jointly and individually responsible (10) calendar day period, the director or for compliance with the requirements of this his/her designee shall cause such vehicle section. to be removed to a storage facility Supp. No. 23 821 WINTER SPRINGS CODE approved by the city commission and thereafter disposed of in accordance with applicable state law or city ordinance. (5) The authorization in this section for towing of abandoned and disabled vehicles shall not be construed so as to negate the authority of the code enforcement board or special magistrate to hear and adjudicate appropriate cases. (f) Vehicle on public property. Not withstand- ing any of the foregoing, all vehicles which are located on public property shall be towed and disposed of in accordance with notice and sale requirements of Florida Statute 705, as revised in the 1987 legislative session. To the extent that this section 12-53 conflicts with any portion of Florida Statute 705, the latter shall control as to any vehicles located on public property. (Code 1974, § 11-20; Ord. No. 632, § I, 11-25-96; Ord. No. 2015-22, § 10, 10-26-15) c os _ "c ssc�.. Procedure for disposing of abandoned property, § 24. Sec. 12-54. Reserved. Editor's note —Ord. No. 2016-01 § 3, adopted July 25, 2016, repealed § 12-54, which pertained to impoundment and redemption of illegally parked and abandoned vehicles and derived from the Code of 1974, § 11-21; and Ord. No. 2002-22, § 2, adopted July 22, 2002. Secs. 12-55-12-64. Reserved. DIVISION 2. STOPPING, STANDING, PARKING Sec. 12-65. General prohibitions. Except when necessary to avoid conflict with other traffic or to comply with law or the direc- tions of a police officer or official traffic control device, no person shall: (1) Stop, stand, or park a vehicle: a. On any roadway; except as follows: 1. Parking on collector roads shall only be permitted within designated on -street parking *Cross reference —Streets, sidewalks and other public places, Ch. 17. Supp. No. 23 822 spaces approved by the city. Parking of vehicles on roadways not designated an arterial or collector road shall be permit- ted provided the roadway has a minimum width of twenty- two (22) feet of paved parkable roadway width and either a concrete ribbon curb, gutter or Miami curb. For purposes of this subsection, the concrete ribbon curb, gutter, or Miami curb shall be included in the measurement of the paved parkable width. 2. Upon recommendation of the iii:if of 1"i 011i 2 "Illl Cii.y bllg'111Ce1) the city commission may on a case -by -case basis establish site specific parking zones on roadways for purposes of allow- ing the parking of vehicles in areas where parking is prohibited by this section provided such allowance is otherwise allowed by law. Such parking zones shall be established by resolution at a public hearing. A parking zone shall become effective upon the chief of police erecting a sign(s) or marker(s) identifying the parking zone requirements MOTOR VEHICLES AND TRAFFIC the intersection sufficient to notify the public that a traffic infraction detector may be in use at the intersection and shall include specific notifica- tion of intersection safety camera enforcement of violations concerning right turns. Such signage shall meet the specifications for uniform signals and devices adopted by the Department of Transportation pursuant to F.S. § 316.0745. (Ord. No. 2010-13, § 2, 6-28-10) Sec. 12-90. Consistency with state law (a) This article shall be interpreted and applied so that it is consistent with state law, specifically, Ch. 2010-80, Laws of Florida (2010), the Mark Wandall Traffic Safety Act. (b) Any amendment to an applicable state law shall automatically apply to the enforcement and application of this article, whether or not this article or any provision hereof has been amended to specifically address such amend- ment to state law. Without limitation, any future amendment regarding the amount of the civil penalty or the apportionment of the proceeds thereof shall be deemed applied in the enforce- ment of this article, even prior to a specific amendment to this article to make the Article expressly consistent with such change in state law with respect to the amount of the penalty or the apportionment of proceeds thereof. (Ord. No. 2010-13, § 2, 6-28-10) Secs. 12-91-12-99. Reserved. ARTICLE V. IMPOUNDMENT OF MOTOR VEHICLES Sec. 12400. Impoundment of motor vehicles used to facilitate certain misdemeanor crimes and park- ing and traffic regulations. (a) Definitions. Lienholder means a bona fide lienholder whose security interest in the vehicle has been perfected in the manner prescribed by law prior to the seizure. Motor vehicle means a motor vehicle as defined in F.S. § 320.01(1). Supp. No. 23 Owner or owner of record means the person or persons to whom a particular motor vehicle is registered or titled prior to the seizure and impoundment authorized under this section. Person in control means a person who is found to be in the control of the motor vehicle at the time of the alleged violation other than the owner of the motor vehicle. Special magistrate means an individual designated and determined to be qualified by the city commission pursuant to section 2-58 of the City Code. In the context of this section, the special magistrate shall have the same powers granted pursuant to section 2-59 of the City Code. (b) Construction; applicability. This section shall not apply and no vehicle shall be seized and impounded pursuant to this section if. (1) A law enforcement agency has expressed its intent, in writing, to institute state forfeiture proceedings on the motor vehicle pursuant to the Florida Contraband Forfeiture Act. It is the intent of this subsection to limit the application of this section to crimes and vehicle situations that are not subject to the Florida Contraband Forfeiture Act. (2) The vehicle was reported stolen at the time that it is subject to seizure and impoundment. (3) The person in control of the vehicle at the time of the seizure and impoundment of the motor vehicle was not the owner of the vehicle, and the police officer after reasonable inquiry had probable cause to believe that the owner did not know, or did not have reason to know, that the vehicle was being used or was likely to be used in the criminal activity which resulted in the seizure and impound- ment of the vehicle. (c) Misdemeanor conduct prohibited. A motor vehicle used in the commission of one (1) or more of the following proscribed misdemeanor offenses is subject to seizure and impoundment under this section: (1) A motor vehicle used to facilitate the commission or attempted commission of WINTER SPRINGS CODE any misdemeanor act of prostitution, assignation or lewdness as defined in F.S. § 796.07, or the exposure of sexual organs as set forth in F.S. § 800.030 (2) A motor vehicle that is knowingly used in the commission of any misdemeanor act of possession or attempted possession of any controlled substance as defined in F.S. § 8936020 (3) A motor vehicle that is used, intended or attempted to be used, to facilitate the commission of any misdemeanor viola- tion of F.S. ch. 893. (4) A motor vehicle that is used, intended or attempted to be used, to facilitate the rnmmig0,inn of nn�T i^1�^t f n § 316.061, (leaving the scene of an accident). (5) A motor vehicle that is used, intended or atteiilpted to uc u�cd, to facilitate the commission of any violation of F.S. § 322.34, driving while license suspended, revoked, canceled, or disqualified. (6) A motor vehicle that is being operated by a person driving under the influence as defined in F.S. § 316.193, when such violation is a misdemeanor as defined by Florida Statutes. (7) A motor vehicle that is used in the commission of the offense of driving without a valid license or permit in viola- tion of F.S. § 322.03. (8) A motor vehicle that is being operated on a public street and is not covered by liability insurance, as required by F.S. ch. 324. (9) A motor vehicle that is used in the commission of the misdemeanor offense of criminal mischief in violation of F.S. § 8060130 (10) A motor vehicle that is used to dump litter in any manner as prohibited by F.S. § 403.413(4) in an amount exceeding fifteen (15) pounds in weight or twenty- seven (27) cubic feet in volume, but not exceeding five hundred (500) pounds in Supp. No. 23 830 weight or one hundred (100) cubic feet in volume and not for commercial purposes. (11) A motor vehicle that is being operated by a person that presents proof of insurance in violation of F.S. § 316.646(4) (know- ingly presenting proof of insurance not currently in force). (12) A motor vehicle that is: (i) parked in violation of any duly enacted parking regulation applicable within the city where such vehicle impedes traffic, creates a traffic hazard, obstructs access to the city's utility facilities, including but not limited to, utility lines, lift stations, fire hydrants and water meters; (ii) appears to ho ghnndnnP(i; (iii) left ' ruttenu�d , the street because the driver of the vehicle is taken into custody by law enforcement and the vehicle is causing a traffic hazard or the vehicle is subject to potential damage or theft; (iv) left unattended on private property because the driver of the vehicle is taken into custody by law enforcement and the property owner, or person in control of the property, has not consented to leaving the vehicle on the subject property vehicle. (d) Seizure and impoundment. Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impound- ment pursuant to this section, the police officer shall be authorized to: (1) Provide for the towing of the motor vehicle to a facility, controlled by the city or the city's towing agent pursuant to the city's applicable towing procedures. (2) Provide written notice of such seizure and impoundment to all persons whom the city knows, or with reasonable investigation should know, is the owner of record or the person in control of the motor vehicle. The written notice shall advise the persons of the following: a. The right to request a hearing pursu- ant to this section to contest the seizure and impoundment of the motor vehicle; MOTOR VEHICLES AND TRAFFIC b. The right to request a hearing pursu- (h) Hearing be fore special magistrate. ant to this section to contest the (1) The city shall hold a hearing under this seizure and impoundment of the section before a special magistrate within motor vehicle and immediately ten (10) days of receipt of a timely writ - retrieve the vehicle from the towing ten request for hearing, excluding facility upon the posting with the Saturdays, Sundays, and legal holidays. city of a cash bond, money order, or certified check in the amount of five (2) At the hearing, the city shall have the hundred fifty dollars ($550.00), plus burden to show, by clear and convincing towing and storage costs; or evidence that the motor vehicle subject to impoundment and seizure was used in c. The right to waive the hearing and violation of this section. If the owner of immediately retrieve the vehicle from the vehicle raises as a defense at the the towing facility upon the pay- hearing that he/she was unaware that ment of the two hundred fifty dol- the motor vehicle was being used or was lars ($250.00) administrative penalty, likely to be used in violation of this plus towing and storage costs. The section, the city shall establish by a waiver shall be in writing. preponderance of the evidence that the owner either knew, or should have known (e) Notice of impoundment. The required after a reasonable inquiry, that the vehicle notices to be given pursuant to this section shall was being used or was likely to be used in be provided by hand delivery at the time of the the criminal activity which resulted in seizure and impoundment of the motor vehicle to the seizure and impoundment of the the person in control and all other persons whom vehicle. Evidence that an owner received the city knows, or with reasonable investigation written notification from a law enforce - should know, have a legal interest in the motor ment agency and acknowledged receipt vehicle, including the owner of record and any of the notification in writing, that the lienholders, by certified mail, return receipt vehicle had been used in violation of this requested, within seventy-two (72) hours of the section on a prior occasion by the person time of the impoundment excluding Saturdays, in control of the vehicle at the time of Sundays, and legal holidays. seizure and impoundment, may be used to establish actual knowledge. In addi- (f) Request for hearing. The owner of record of tion, if the owner of the vehicle raises as the motor vehicle, or his/her agent or authorized a defense at the hearing that the vehicle representative shall make a written request for was stolen at the time it became subject to impoundment, the owner must establish a hearing within seven (7) days from the date the by preponderance of the evidence that notice of impoundment is received. The request the vehicle was stolen and that the owner for hearing shall be delivered to the city's police must have formally reported the vehicle department at the address set forth in the notice as stolen to a law enforcement agency. of impoundment by hand delivery or certified mail, return receipt requested. (3) The formal rules of evidence shall not apply at the hearing, but fundamental (g) Failure to request hearing. If a proper due process shall be observed and shall request for hearing is not made within the govern the proceedings. Irrelevant, required seven (7) days, the owner of record shall immaterial, or unduly repetitious evidence be deemed to have waived the right to a hearing. shall be excluded, but hearsay and The motor vehicle shall only be released upon circumstantial evidence is admissible. All the payment of the five hundred dollars ($500.00) other evidence of a type commonly relied administrative penalty, plus towing and storage upon by reasonably prudent persons in costs. the conduct of their affairs shall be admis- Supp. No. 23 831 WINTER SPRINGS CODE siWe whether or not such evidence would be admissible in a trial in the courts of the state. The owner of the motor vehicle shall have the right to be represented by counsel and the police chief or is designee may be represented by the city attorney. Each party and the police chief shall also have the right to call and examine wit- nesses under oath, to introduce documentary evidence or exhibits, to cross- examine opposing witnesses on any relevant matter even though the matter was not covered under direct examina- tion, to impeach any witness regardless of which party first called him to testify, and to submit rebuttal evidence. (4} If, after the hearing, the special magistrate determines that the city met its burden of proof and the motor vehicle was used in violation of this section, the special ma strate shall en+er qn order finding the owner of record of the motor vehicle civilly liable to the city for an administra- tive civil penalty of five hundred dollars ($500.00), plus final hearing costs of fifty dollars ($50.00), if applicable, and requir- ing the continued impoundment of the vehicle if the vehicle has not already been retrieved by the owner. The owner of the motor vehicle or his/her agent or authorized representative, if he/she has not already done so, may immediately retrieve the vehicle from the towing facil- ity upon payment of the administrative penalty of five hundred dollars ($500.00), plus final hearing costs of fifty dollars ($50.00), if applicable, and the accumulated costs of towing and storing the vehicle. (5) If, after the hearing, the special magistrate determines that the city did not meet its burden of proof and the motor vehicle was not used in violation of this section, the motor vehicle shall be released forthwith to the owner or his/her agent or authorized representative without the imposition of the administrative civil penalty or final hearing costs or the costs of towing and storing the vehicle. If the Supp. No. 23 832 owner, agent or authorized representa- tive has already posted a bond, certified check or money order for the immediate release of his/her vehicle, the bond, certi- fied check or money order shall be refunded to the owner, agent or authorized representative. (6) If the owner of the motor vehicle or his/her agent or authorized representa- tive fails to attend the hearing, and the special magistrate finds that the city has complied with the notice procedures set forth herein, then such failure shall constitute a waiver of the owner's right to a hearing, and the special magistrate shall enter an order finding the owner of l uuul d of Le motor vehicie civilly liable to the city for an administrative civil penalty of five hundred dollars ($500.00), plus final hearing costs of fifty dollars ($50.00), if applicable, anal rogi icing the continued impoundment of the vehicle if the vehicle has not already been retrieved by the owner. The owner of the motor vehicle or his/her agent or authorized representative, if he/she has not already done so, may immediately retrieve the vehicle from the towing facility upon payment of the administrative penalty of five hundred dollars ($500.00), plus final hearing costs of fifty dollars ($50.00), if applicable, plus the accumulated costs of towing and storing the vehicle. (i) Recording liens; settlements. (1) A certified copy of an order of the special magistrate imposing an administrative civil penalty and hearing costs may be recorded in the public records of any county. Upon recording, the order shall constitute a lien against any real or personal property owned by the owner of the motor vehicle. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the real or personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. The city attorney or designee MOTOR VEHICLES AND TRAFFIC is authorized to foreclose any lien established hereby in the same manner as is provided by law for the foreclosure of other municipal liens or alternatively, as provided by law for the foreclosure of mortgages. No lien created pursuant to this chapter may be foreclosed on real property which is homesteaded under § 4, art. X of the state constitution. In an action to enforce an order or to foreclose on a lien as provided in this section, the city shall be entitled to recover all costs, including reasonable attorney's fees, that it incurs thereby. (2) The city manager, in consultation with the police chief and city attorney is hereby authorized to enter into settlement agree- ments as may be appropriate to accomplish the objectives of this section. In addition, nothing herein shall prohibit the city from releasing a motor vehicle seized under the provisions of this sec- tion, if such release is determined to be in the best interests of the city. (j) Administrative civil penalty; payment. If an administrative civil penalty and hearing fee are imposed pursuant to this section, such penalty and fees shall constitute a debt due and owing the city and shall be independent of the city's return or release of the vehicle. If a cash bond, certified check or money order has been posted pursuant to this section, the bond, certified check or money order shall be applied toward payment of the penalty and hearing fee, if applicable. (k) Return of vehicle; disposition of unclaimed vehicles. Except as provided otherwise in this section, an impounded vehicle shall be returned to its record owner, or to the person who is legally entitled to possess the vehicle, upon his/her payment of the administrative civil penalty and hearing fee, if applicable, to the city, plus towing and storage fees, unless the vehicle had been sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law. Motor vehicles which remain unclaimed after a finaI determination is made by a special magistrate or waiver of a hearing shall be disposed of pursuant to Florida Statutes and all other applicable laws. (1) Appeal. The owner of the motor vehicle that has been the subject of a seizure and impoundment pursuant to this section or the city may appeal the final ruling and decision of the special magistrate to the circuit court within thirty (30) days of the date of the final order being appealed. The city may charge the appel- lant a reasonable fee for preparation of the record for purposes of making the appeal. (m) Towing and impoundment services. The city manager is hereby authorized to enter into contracts with one (1) or more towing companies to implement the provisions of this section. The contracts shall be in a form approved by the city attorney. Supp. No. 23 833 (n) Settlements. After seizure and impound- ment of a vehicle pursuant to this section, regard- less of whether a hearing has been held by a special magistrate, all settlements affecting the city must be approved by the city manager. If the city manager is unavailable and a delay would adversely affect the settlement, approval may be given by the police chief. (Ord. No. 2016-01, § 2, 7-25-16) § 12-100 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 23 834 [The next page is 873] CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 2014-34 12- 8-14 2 20-461 20-463-20-465 Rpld 20-466 20467,20-468 Rpld 20-469 20-471-20-474 Rpld 20-480-20-485, 20487-20-490 2015-07 1-26-15 2 7-27 2015-12 4-27-15 2 2-43 3 2-45 2015-15 1-25-15 2 20-234, 20-254, 20-463 2015-19 9-14-15 2 Added 20-37 2015-20 10-26-15 1 9-10 2015-21 10-12-15 2 2-61.5 2015-22 10-26-15 2(Exh. A) Rpld 2-56-2-65 3 Added 2-56-2-65.2 4 2-69.1 5 5-5(c)(6) 6 5-18(a) 7 6-277-6-280 8 6-300(e) 9 9-376 10 12-53(e) 11 12-77 12 13-4 13 13-39(b), (c) 14 13-41(b)(2) 15 17-124(b) 16 19-30 17 19-175 18 20-438 2016-05 2-22-16 2 204, 20-452 2016-07 44 1-16 2(Exh.A) 20-323 2016-01 7-25-16 2 Added 12-100 3 Rpld 12-54 2016-03 7-25-16 2 5-4(a) 3 5-8(b) 4 5-9 2016-09 10-10-16 Added 2-27-2-31 2016-10 12-12-16 2 9-386, 9-386.1, 9-386.2(a), (b), (e), 9-386.4, 9-386.7, 9-386.8, 9-386.10(1), 9-386.11, 9-386.13) 9-386.14(5) Rpld 9-386.16(b) Rnbd (c) as (b) 9-386.18, 9-386.19, Added 9-386.21(h) [The next page is 2145] Supp. No. 23 2105 STATE LAW REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes foRowing the text, of references to the state law or related matters. State Const. Article VIII Fl. Adm. Code Chapter 17-555.360 F.S. Section 20.30 34.191 Ch, 50 50.041 50.051 60.05 Ch. 97, Ch. 98 99.093 100.201 et seq. 100.361 Ch, 101 101.62-101.70 101,657 112.3143 Ch, 140 Ch. 102 119.07 Ch. 162 Ch.162, Pt. I 162.04 162.05 162.05(3) 162.06(2)2 162.06(3) 162.07 162.21 162.22 Ch. 163 Section 2 Section this Code 19-92(c) 19-95(b) 19-95(c) 19-129 Ch. 19, Art, IV, Div. 2 Section this Code 20-232(a)(64) 11-1 2-61 2-61 2-61 13-74 2-89 2-88 2-94 2-26(b) 2-93 2-92 2-96 2-30 18-26 2-85 2-93 18-29 Ch. 2, Art. III, Div. 2 2-56, 6-32 19-174 2-56, 2-62 13-39 2-57 2-58 2-59 2-60 3-3 19-255 3-107 10-57 9-391, 10-52 Section this Code 10-87, 18-153 F.S. Section Ch. 163, Pt. II 163.3161 et seq. 163.3164 163.3171 et seq. 163.3180 163.31801 163.3181(3) Ch. 163.3202 163.3220-163,4243 Ch. 166 166.021 166.032 166.033 166.041 166.0415 166.201 et seq. Supp. No. 23 2145 166.221 166.231 166.231 et seq. 166.0425 166.3161 170.01 et seq. Ch. 171 Ch. 177 Ch. 180 et seq. 189.4042 Section this Code 20-26 9-386.1 9-500 20-28(a) 9-386.1 2-30 Ch. 15 9-546, 9-547 9-55019-551 9-386.1 20-102(f) 9-391 20-321 20-336 Ch. 2 9-386.1 20-26 20-28(a) 10-87 18-153 2-89 2-30 1-11 10-52 20-102(f) 18-153 20-104 19-255 Ch. 2, Art. VI Ch. 18 Ch. 10 18-29, 18-30 Ch. 18, Art, II Ch. 16, Art. III 20404 Ch. 17 Ch. 2, Art. V Ch. 9 9-2, 9-9 Ch. 17 18421 F.S. Section 197.3632 197.3635 200.065 Ch. 202 202.11 202.20 203.012 Ch, 205 205.043(c) 2054053 205.053(1) 206.9925 Ch. 212 Ch. 218 286,0114 2000vi " 286.012 315,1956 Che 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) Che 318 318.14 Ch. 320 320.01(1) Ch. 322 322.03 322.34 Che 324 337.401 376.031 Ch. 380.06 403.413(4) WINTER SPRINGS CODE Section this Code 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 1Moot) 12-87 12-88 12-89 12-100 7-4 20-467,20-483 20-504 Ch. 16, Art. II 13-62 6-87 13-44 12-86 12-100 12-2 12-87 12-2 12-100 12-2 12-100 12-100 12-100 18-31 -103 17 9-403 12-100 Supp. No. 23 2146 F.S. Section 403.415 413.08 45863265 459.0137 479.155 Ch. 480 489.105 489.127 489.132 500.80 533.73 ni �30.01 et seq. Ch. 553 553.06 553.19 553.73 553.955 et seq. Chs. 561-565 561.01 561.01 et seq. 561.14 561.20(7)(a) 562.45(2) 585'001 585.01 Ch. 633 633.521 Ch. 650 650.02 705.101 et seq. 7756082, 775.083 784.011 784.021 784.03 784o045 790.001 790.33 791.01 Ch. 794 Ch. 796 796.07 Ch. 800 Section this Code 13-36 Ch. 16, Art, II 17-107 13-72, 20-259 20-421, 20-452 13-72, 20-259 20-421, 20-452 Ch. 16, Art, III 10-55 6-32 6-270, 6-272, 6-274, 6-275, 6-279 6-270, 6-272 20-1 6-31, 6-32 Ch. 10, Art. vl 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 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 EYQ[ITi' 17-105 10-55, 10-73 10-52, 10-55, 10-73 13-72, 13-74 12-100 10-551 10-73 6-32 6-270, 6-272, 6-274, 6-275, 6-279 6-270, 6-272 20-1 6-31, 6-32 Ch. 10, Art. vl 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 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 EYQ[ITi' 17-105 10-55, 10-73 10-52, 10-55, 10-73 13-72, 13-74 12-100 10-551 10-73 6-31, 6-32 Ch. 10, Art. vl 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 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 EYQ[ITi' 17-105 10-55, 10-73 10-52, 10-55, 10-73 13-72, 13-74 12-100 10-551 10-73 17-108 Ch. 3 3-3 3-3 Ch. 10, Art. III, Div. 2 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 EYQ[ITi' 17-105 10-55, 10-73 10-52, 10-55, 10-73 13-72, 13-74 12-100 10-551 10-73 STATE LAW REFERENCE TABLE F.S. Section Section this Code 800.03 12-100 8066101 7-3 806.13 12-100 810.02 13-74 810.09 17-109 812,131 13-74 812,014 13-74 8124019 13-74 817632, 817.33 Ch. 10, Art. IV 8234041 17-107 Ch, 826 10-552 10-73 Ch, 827 10-73 Ch, 828 Ch. 4 843.01 17-124 Ch. 847 10-55, 10-73 847.13 10-55 84700133 10-55 Ch, 849 10-115, 17-108 849.04 Ch. 10, Art. IV 849.07 Ch, 10, Art. W 849.16 10-115 849.231 17-108 856.015 17-108 865.09 10-68 865.09 10-61 874.03 13-72, 13-74 Ch, 893 10-73 893.02 12-100 893.03 17-124 893.13 13-74 893,138 13-72,13-74 Ch. 893 13-72 893,138 13-70 Ch. 895 10-73 943,085-943,255 2-68 943.25(13) 11-2(a), 11-2(b) [The next page is 2197] Supp. No. 23 2147 CODE INDEX Section Section BICYCLES (Cont'd.) BUILDINGS (Cont'd.) Purpose and duties. . 2-44 Building official Authority to stop work if contrary to BIDS, BIDDING. See: FINANCES public welfare, . V I I 1 6 a 0 0 0 0 V I 1& 0 4 0 6-5 BILLBOARDS. See: SIGNS AND ADVERTIS- Citations; unlicensed contractors; failure ING to obtain a building permit Administrative hearings; accrual of BLASTING AGENTS, See: EXPLOSIVES penalties ....................... 6-278 AND BLASTING AGENTS Appeals of code enforcement board or special magistrate decisions ..... 6-279 BOARDS, COMMITTEES AND COMMIS- Citation authorized for construction SIGNS. See: DEPARTMENTS AND contracting violations ........... 6-272 OTHER AGENCIES OF CITY Citation form ........................ 6-273 BOATS Correction of violation; payment of Noise disturbances prohibited penalty; notice of hearing........ 6-277 Specific provisions Findings ............................. 6-271 Motorboats ........................ 13-31(i) Intent and purpose................... 6-270 Vehicle and boat repairs ........... 13-31(e) Notices .............................. 6-281 Penalty .............................. 6-274 BOND ISSUES Recording code enforcement board or Certain ordinances not affected by Code . 1-7(2) special magistrate orders........ 6-280 Refusal to sign citation ............... 6-275 BONDS, SURETY OR PERFORMANCE Stop work ........................... 6-276 City -owned property supervision and City parks and recreational areas control, bond for custodian re ...... 2-193 Injuring, interfering with, etc., build - Land development bonding procedure.... 9-76 ings and other property 17-114 Street excavations, bond requirement .... 17-77 Code enforcement ...................... 2-56 et seq. BOOKSTORES See: CODE ENFORCEMENT Adult entertainment establishments ..... 10-55 et seq. Codes See: ADULT ENTERTAINMENT Energy efficiency code adopted........ 6-6 ESTABLISHMENTS, SEXUALLY Florida building code. See herein that ORIENTED BUSINESSES subject Compliance with provisions ............. 6-2 BOTTLE CLUBS Construction sign. . 16-59 Prohibited. . 3-5 Contractors Unlicensed contractors. See herein: Cita- BOTTLES tions; Unlicensed Contractors; Prohibitions. 1 1 1 1 6 6 4 0 4 1 1 1 6 4 13-2 Failure to Obtain a Building Permit BUDGET. See: FINANCES Declaration of a state of emergency...... 2-255 Suspension of local regulations ....... 2-264 BUILDINGS Electrical, plumbing, mechanical and gas Accessory buildings. 6-84 work.............................. 6-101 Accessory dwelling units ................ 6-85 Energy efficiency code adopted .......... 6-6 Administration Fences, walls and hedges, I 1 0 4 0 . q I 1& 0 4 0 0 0 6-186 et seq. Florida building code See: FENCES, WALLS, HEDGES AND Administrative amendments to ENCLOSURES Chapter 1.................... 6-31 Flood damage prevention ............... 8-1 et seq. Administrative amendments to See: FLOOD DAMAGE PREVENTION Chapter 2 .................... 6-32 Florida Building Code Adoption of appendices ............ 6-34 Administration. See herein that subject Local wind speed design criteria ...... 6-33 Adopted ............................. 6-81 Annual fire rescue assessments ......... 18-151 et seq. Electrical, plumbing, mechanical and See: FIRE RESCUE ASSESSMENT gas work ....................... 6-101 Automatic fire sprinkler systems Inspections. See herein: Permits and Florida Fire Prevention Code, local Inspections amendment to .................. 7-60 International Property Maintenance Code Building erected or altered in violation of Adopted ............................. 6-300 provisions, use of .................. 6-3 Preemption; Florida Building Code; Building inspector Florida Fire and Life Safety Code 6-302 Swimming pool inspection ............ 6-213 Supplemental; minimum standards ... 6-301 Supp. No. 23 3113 BUILDINGS (Cont'd.) Land development.,* See: LAND DEVELOPMENT Noise disturbances prohibited Specific provisions Construction ...................... Occupant Definitions and rules of construction . . Outdoor display/billboard ............. 0 . See: SIGNS AND ADVERTISING Owner Definitions and rules of construction . . Keeping surrounding property clean, responsibility re ................ Permits and inspections Failure to obtain building permit. See herein: Citations; Unlicensed Contractors; Failure to Obtain a Building Permit Signs; building permit required ...... . Purpose, I I 1 0 4 0 0 6 1 0 6 1 1 1 o 9 0 0 0 a 0 a I 1 0 4 0 Restricted hours of building construction or installation or construction of subdivision improvements......... . Screen enclosures/rooms ................ Storage Temporary structures ................ Swimming pools ........................ See: SWIMMING POOLS Television dish antennas. 4 & 0 6 0 1 1 1 1 4 9 f Uniform building numbering system Administration and assignment of number, . 1 0 f 0 0 4 6 1 11 11 0 4 0 8 0 4 to 11 0 Code enforcement special magistrate authority ....................... Definitions .......................... Establishment of system, . . Posting of numbers, . 0 1 1 11 1 0 to 4 0 4 0 1. Purpose ............................. Urban beautification, . See: URBAN BEAUTIFICATION Violations, penalty, . 0 61 Zoning regulations, . 0 See: ZONING BURNING Open-air burning regulated ............. BUSES. See: MOTOR VEHICLES AND TRAFFIC C CABARETS Adult entertainment establishments .... . See: ADULT ENTERTAINMENT ESTABLISHMENTS, SEXUALLY ORIENTED BUSINESSES CAMPAIGNS. See: ELECTIONS WINTER SPRINGS CODE Section CANALS 9-2 et seq. Prohibitions ............................ CANDIDATES. See: ELECTIONS 13-31(d) CANVASSERS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS 1-2 CARPORT SALES 16-77 et seq. At-home sales ........................ 0 . CATS 1-2 Animal regulations generally........... . See: ANIMALS AND FOWL 13-3 CERTIFICATES, CERTIFICATION Sewerage revenue generation system Accountant certification of adequate maintenance, I I 1 0 f 0 0 4 1 1 t 1 0 4 0 4 6 6 1 CHURCHES 16-53 riff fil' i,& 6-1 Prohibited locations .................. Alcoholic beverage sales prohibited near . Sexually oriented businesses -86 16 Prohibited locations .................. 6 CITY 6-87 Definitions and rules of construction.... . 6-210 et seq. Use of city athletic facilities; fees ....... . 6-83 CITY CLERK Election Additional duties re ................. . 9-373 Supervisor, city clerk as ............. . 9-376 CITY COMMISSION 9-370 Additional rules of conduct .............. 9-372 Addressing the mayor and city commis- 9-374 sion ............................... 9-371 Annual fire rescue assessments ........ . 2-76 et seq. See: FIRE RESCUE ASSESSMENT Definitions and rules of construction.... . 6-4 Land development 20-1 et seq. Division of land; city commission approval required ............... Quasi-judicial rules and procedures..... . Recall of elected officials ............... . 7-26 Rules and procedures ................... Savings clause; waiver of rules and procedures 1....................... Zoning action; city commission authority. CITY MANAGER Annual fire rescue assessments ........ . See: FIRE RESCUE ASSESSMENT 10-55 et seq. City -owned property, responsibilities re . . CODE ENFORCEMENT Additional enforcement powers ......... . Administrative fines; costs of repairs; and filing of liens ..................... . Supp. No. 23 3114 Section 4-1 et seq. 10-101 3-2 2-28 18-151 et seq. 1-2 18-151 et seq. 2-65.2 CODE INDEX Section CODE ENFORCEMENT (Cont'd.) Citations Code enforcement officers Authority ........................1 2-69 Designation, qualifications, training 2-68 Contents ............................ 2-69.6 Definitions .......................... 2-67 Delivery of warning notices, citations.. 2-69.2 Disposition of citations, civil penalties. 2-69.7 Intent..............................0 2-66 Supp. No. 23 3114.1 Section GRADES, GRADING (ConfdJ Land development, street grades gener- ally............................... CODE INDEX Section Section INVENTORIES City -owned property inventory .......... 2-192 GRASS, LEAVES, UNDERBRUSH, ETC. Land development requirements re grass 9-160 H IIANDBILLS Signs and advertising regulations gener- ally ............................... 16-26 et seq. See: SIGNS AND ADVERTISING HEALTH AND SANITATION Noise Immediate threat to health and welfare Pain management clinics Requirements ........................ HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HISTORICAL PRESERVATION Tree protection and preservation Definitions (historic, specimen trees) . . Specimen, historic trees ............. . HUNTING City parks and recreational areas Hunting/wildlife preservation and conservation .................... HYDRANTS. See: FIRE PREVENTION AND PROTECTION I I IMPACT FEES Florida Fire Prevention Code, local amend- ment to Impact fee credits .................. 1 . Land development Police, fire, parks and recreation facili- ties. I I I 1 0 4 0 * 9 9 1 1 1 1 1 1 * 0 4 4 1 1 4 0 4 0 0 4 Transportation impact fees .......... . See: LAND DEVELOPMENT IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS IN THE CITY Definitions and rules of construction.... . IN WRITING, WRITTEN Definitions and rules of construction.... . INDEBTEDNESS OF CITY Certain ordinances not affected by Code INDECENCY AND OBSCENITY Adult entertainment establishments, sexu- ally, oriented businesses Obscenity, indecent exposure unlawful 9-391 et seq. 9-386.1 et seq. 1-2 1-2 IRRIGATION SYSTEM Reclaimed water system ................ 19-136 et seq. See: UTILITIES J JOBS GROWTH INCENTIVE GRANT PROGRAM Legislative findings.. Program requirements .................. KENNELS Zoning regulations ...................... L LAKES Prohibitions ............................ Supp. No. 23 3119 20-416 LANDSCAPE IRRIGATION. See: WATER CONSERVATION AND LANDSCAPE IRRIGATION LICENSES AND PERMITS Adult entertainment establishments, sexu- ally oriented businesses............ See: ADULT ENTERTAINMENT ESTABLISHMENTS, SEXUALLY ORIENTED BUSINESSES Awnings, permit for erection over sidewalks See: STREETS AND SIDEWALKS Dance hall permit ..................... . Excavation permit ...................... Fences, walls, hedges, permits .......... . Flood damage control development permit Industrial wastewater contribution permit Minimum community appearance and aesthetic review standards Approval prerequisite for permits .... . Building permits. . Nonconformities Special permit ...................... . Pain management clinics. . . Peddlers and solicitors permit .......... . See: PEDDLERS, CANVASSERS AND SOLICITORS Sign permit ............................ See: SIGNS AND ADVERTISING Street and sidewalk permit ............ . See: STREETS AND SIDEWALKS Tree removal, land clearing permit. . Vested rights special use permit ........ . LIENS Code enforcement Duration of lien, . Filing of liens. q I Fire rescue assessment Annual fire rescue assessments Lien of fire rescue assessments .... . Public nuisance abatement board........ LIQUOR. See: ALCOHOLIC BEVERAGES LITTERING City parks and recreational areas Pollution and litter, . Nuisance provision .................... . Streets, sidewalks, etc., littering......... LOCAL IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS LOUDSPEAKERS Noise disturbances prohibited In MANUFACTURED HOUSING Flood damage control standards ........ . CODE INDEX Section Section MAPS. See: SURVEYS, MAPS AND PLATS MAY, SHALL Definitions and rules of construction..... 1-2 MAYOR 10-58 et seq. Election proclamation. . 2-82 MECHANICAL CODE Buildings Florida building code 17-51 et seq. Electrical, plumbing, mechanical and gas work, 6-101 10411 17-76 MERCHANDISE. See: GOODS, WARES OR 6-186 MERCHANDISE 8-33 MINORS 19-52 Adult entertainment establishments, sexu- ally oriented businesses 9-601 Unlawful provisions .................. 10-87 9-606 Alcoholic beverage sales near schools prohibited ......................... 3-2 9-568 Secondhand precious metals, dealing with 10-181 persons under age eighteen years 10-136 et seq. prohibited. 4 0 V q I I I 1 6 4 0 0 0 0 . I I I I I a 6 6 0 10-155 MOBILE HOMES AND MOBILE HOME PARKS 16-53 et seq. Zoning regulations for trailers and mobile homes ............................ 20-91 et seq. 17-1 et seq. See: ZONING 5-4 et seq. MONTH 9-402 Definitions and rules of construction..... 1-2 MONUMENTS Land development monuments. 9480 2-64 MOTELS. See: HOTELS AND MOTELS 2-63 MOTOR VEHICLES AND TRAFFIC Abandonment 18-179 Prohibited ........................... 12-53 13-76 Adoption of state law ................... 12-2 Buses Stands, use of. 12-68 Citations Alteration or destruction ............. 12-32 17-103 Failure to obey. . 12-31 13-2 Issuance. . 1 6 0 0 . * 12-29 17-28 City parks and recreational areas. 17-102 Cleaning, repairing vehicles on roadway . 12-66 Definitions ............................. 12-1 Fines for violations ..................... 12-30 Golf carts, operation of Definitions .......................... 12-71 Enforcement ......................... 12-77 13-31(b) Inspection and registration of golf carts required ........................ 12-75 Insurance required, .1 1 ''1# 12-76 Required equipment. . 12-74 Restrictions. . 0 1 9 4 0 4 % %, 12-73 8-51 Use of golf carts on designated roadways 12-72 Supp. No. 23 3125 WINTER SPRINGS CODE Section Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) MOTOR VEHICLES AND TRAFFIC (Cont'd.) Gongs, sirens on vehicles, noise provisions 13-32 Citation Handbill distribution on or in vehicles ... 16-28 Alteration or destruction of ........ 12-32 Impoundment Failure to obey .................... 12-31 Impoundment of motor vehicles used to Issuance of ........................ 12-29 facilitate certain misdemeanor Referral of parking violations to hear - crimes and parking and traffic ing officer .................... 12-33 regulations ..................... 12-100 Duties to regulate motor vehicles and Intersections traffic .......................... 12-26 Fences, etc., limitations re ............ 6-191 Fines for violations, 12-30 Land development requirements ...... 9-155 Traffic violation bureau, powers and Obstructions ......................... 17-30 duties of........................ 12-28 Stop intersections Red light code enforcement infraction Certain ordinances not affected by Definitions .......................... 12-82 Code, V 1 0 V 0 4 6 1 0 1 6 1 1 V 4 4 0 0 9 0 8 0 4 0 1-7(14) Law Land development Consistency with state law ......... 12-90 Off-street parking and loading ........ 9-276 et seq. Implementation of general law ..... 12-85 See: LAND DEVELOPMENT Legislative findings and intent/purpose 12-80 Mobile homes to be parked in mobile home Red light traffic control signals, adher- parks;exception, .................. 12-70 ence to ........................1 12-83 Noise disturbances prohibited Review of recorded images............ 12-86 Motor vehicle noise generally......... 13-44 Signage ............................. 12-89 Specific provisions Traffic infraction detectors, use of..... 12-81 Model vehicles, 13-31(h) Uniform traffic citation............... 12-88 Vehicle and boat repairs ........... 13-31(e) Violations Off .AICCt pa king alid loadiub Notice of violation ................. 12-u`I Generally, 12-69 Violation.......................... 12-84 Land development requirements ...... 9-276 et seq. Regulations generally, 12-51 See: LAND DEVELOPMENT Skateboarding, roller skating, in -line skat- Zoning regulations ................... 20428 et seq. ing, other similar activities on human - See: ZONING propelled devices .................. 13-62 One-way streets Speed limits Certain ordinances not affected by Code 1-7(14) Certain ordinances not affected by Code 1-7(14) Parking, stopping and standing Vehicular speed limits, 12-52 Bus, taxi stands, use of ............... 12-68 Taxicabs Chief of police, powers and duties re Passenger rates parking of vehicles .............. 12-27 Certain ordinances not affected by Cleaning, repairing vehicles on roadway 12-66 Code ......................... 1-7(13) Land development requirements for off- Stands, use of ........................ 12-68 street parking and loading....... 9-276 et seq. Traffic violation bureau, powers and duties See: LAND DEVELOPMENT of, V I 1 0 4 4 0 0 1 0 61 11 V 1 0 4 4 0 0 0 61 0 11 V I V 1 0 12-28 Loading or unloading zones........... 12-69 Traffic -control signs, signals and devices Mobile homes to be parked in mobile Certain ordinances not affected by Code 1-7(14) home parks; exception ........... 12-70 Land development; streetlights and traf- No-parking areas fic signs ........................ 9-204 Certain ordinances not affected by Obedience to ......................... 12-67 Code, 1 4 0 4 0 0161,114 044 0 0 1 0 1 1 1, 1-7(14) Red zone infractions. See herein: Red Obedience to signs, markings ......... 12-67 Light Code Enforcement Infrac- Off-street parking and loading tion Land development requirements.... 9-276 et seq. Truck routes See: LAND DEVELOPMENT Certain ordinances not affected by Code 1-7(14) Zoning regulations, 20-128 et seq. Violations, fines for..................... 12-30 See: ZONING Referral of parking violations to hear - Prohibitions, generally ............... 12-65 ing officer ...................... 12-33 Stop intersections Zones Certain ordinances not affected by Loading and unloading zones ......... 12-69 Code ......................... 1-7(14) Police department Chief of police, duties and powers of re operation and parking of vehicles 12-27 Supp. No. 23 3126