HomeMy WebLinkAboutSupplement No.22SUPPLL)MIIJNT NO, 22
September 2016
CODE OF ORDINANCES
City of
WINTER SPRINGS, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this
time through:
Ordinance No. 2016-07, enacted April 11, 2016.
See the Code Comparative Table for further information.
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Title page
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25,326
365, 366
395-398
435-438
557, 558
563, 564
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325, 326
365, 366
395-398
435-438
557, 558
563, 564
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1111-1114
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INSTRUCTION SHI I T—Cont'd.
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removed pages for reference.
Municipal Code Corporation I P.O. Box 2235 Tallahassee, FL 32316
info@municode.com 1800.262.2633
www.municode.com
CITY OF
Published by Order of the City Commission, 1989
Republished by Order of the City Commission, 2000
Supp. No. 22
CURRENT OFFICIALS
CITY OF
WINTER SPRINGS, FLORIDA
Charles Lacey
Mayor
Jean Hovey
Kevin Cannon
Pam Carroll
Cade Resnick
Joanne M. Krebs
City Commission
Kevin L. Smith
City Manager
Anthony A. Garganese
City Attorney
Andrea Lorenzo-Luaces, MMC
City Clerk
Supp. No. 22 lil
TABLE OF CONTENTS
Page
Current Officials of the City ................................. iii
Preface ..................................................... v
Adopting Ordinance .........................................
Checklist of Up -to -Date Pages ............................... Ill
Supplement History Table ................................... SH:1
PART I
Charter.................................................... 1
Art. I. Corporate Name ............................. 3
Art. II. Territorial Boundaries ...................... 3
Art. III. Powers of the City ......................... 3
Art. IV. Governing Body ............................ 3
Art. V. City Manager ............................... 8
Art. VI. Administrative Departments. . 9
Art. VII. Financial Procedure ....................... 9
Art. VIII. Nominations and Elections. 0 11
Art. IX. Initiative and Referendum .................. 12
Art. X. Amendments ............................... 14
Art. XI. Severability. ................................ 14
Art. XII. Powers ................................... 14
Art. XIII. Transitional Provisions ................... 14
Charter Comparative Table .................................. 67
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions ...................................... 77
2. Administration. . * * 133
Art. I. In General .................................. 137
Art. II. City Commission ........................... 138
Art. III. Boards, Committees, Commissions .......... 139
Div. 1. Generally ............................... 139
Div. 2. Code Enforcement ....................... 143
Subdiv. A. Code Enforcement ............... 143
Subdiv. B. Citations ........................ 144.6
Div. 3. Reserved. 0 0 0 0 0 0 a M 0 0 % 0 0 0 9 0 0 0 0 0 0 0 0 0 0 9 % a 0 % a 146
Div. 4. Urban Beautification .................... 146
Art. IV. Elections. . 0 0 W a a a 0 0 0 W a of 0 W 0 0 %to 9 *1 to to 146.1
Art. V. Annexations and Rezoning. . 0 0 0 a 0 0 0 a 0 0 0 9 1 148
Supp. No. 22 ix
WINTER SPRINGS CODE
Chapter Page
Art. VI. Finance ................................... 148
Div. 1. Generally ............................... 148
Div. 2. Purchasing. . 0 a % % 0 0 % a a 0 0 0 a 0 a 0 0 a 0 0 0 a 9 6 a 9 & 0 148
Div. 3. City -Owned Personal Property ........... 148.1
Art. VII. Emergency Management ................... 149
Div. 1. Generally ............................... 149
Div. 2. Conditions of Emergency. . & a 9 & a * 0 * 0 0 * 0 4 0 152
Art. VIII. Jobs Growth Incentive Grant Program ..... 153
3. Alcoholic Beverages ..................................... 203
4. Animals ................................................ 257
5. Tree Protection and Preservation, . 0 0 0 *0 0000 to P 4 0 4 6 0 6 0 0 0 9 0 309
App. A. Undesirable Trees .......................... 327
App. Be Desirable Trees ............................ 329
App. C. Caculating Tree Protection Zone, . 9 0 0 0 0 0 0 0 4 0 0 334
App. D. Tree Protection Area Signage ............... 353
6. Buildings and Building Regulations ...................... 367
Art. I. In General .................................. 367
Art. II. Administration ............................. 367
Div. 1. Generally...... 00900 a 0 M 367
Div. 2. Reserved....... often 0 0 0 384
Art. III. Building Construction Standards .......... 0 384
Art. IV. Electrical, Plumbing, Mechanical and Gas ... 389
Art. V. Fences, Walls Hedges ....................... 6 390
Art. VI. Swimming Pools .......................... 0 381
Art. VII. Citations; Unlicensed Contractors; Failure to
Obtain Building Permit .................... 393
Art. VIII. International Property Maintenance Code . 396
7. Fire Prevention and Protection, . 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 *d*o0o%0 433
Art. I. Fire and Emergency Medical Services......... 435
Art. II. In General ................................. 435
Art. III. Local Amendment to the Florida Fire Preven-
tion Code .................................. 436
Art. IV. Fire Hydrants. 0 0 0 0 0 6 0 t 4 9 0 9 f 9 P 0 a 9 % 9 0 0 9 437
8. Flood Damage Prevention, . 0 0 0 0 0 t 0 0 9 6 4 0 0 6 6 P 0 a 9 % 0 % 0 a 0 0 M a 493
Art. I. In General .................................. 495
Art. II. Administration ............................. 501
Art. III. Standards ................................. 504
9. Land Development ...................................... 555
Art. I. In General .................................. 561
Art. II. Procedure for Securing Approval of Plans and
Plats ....................................... 564.2
Div. 1. Generally ............................... 564.2
Div. 2. Preliminary Plan ........................ 564.2
Div. 3. Final Development Plan, Final Plat ...... 566
Art. III. Design Standards .......................... 569
Div. 1. Generally ............................... 569
Supp. No. 92 x
TABLE OF CON TENTS—Cont'a.
Chapter Page
Div. 2. Lots and Blocks. 571
Div. 3. Streets and Alleys ....................... 572
Art. IV. Required Improvements .................... 576
Div, 1. Generally ............................... 576
Div. 2. Streets and Bridges ..................... 579
Div. 3. Sidewalks, Driveways, Curbs and Gutters. 582
Div. 4. Drainage, . 0 * V t * 9 o 0 0 4 0 o * 6 0 4 * 0 * V 4 0 o 0 0 * 0 0 0 * 582.1
Div. 5. Utilities ................................ 584.1
Div. 6. Off -Street Parking and Loading .......... 585
Div. 7. Dumpsters .............................. 591
Art. V. Design Standards ........................... 592
Art. VI. Site Plan Review ........................... 604
Div. 1. Generally........ *00*9049& 49*9 0 a 0 0 a W a 0 0 604
Div. 2. Site Plan Review Board .................. 604
Art. VII. Uniform Building Numbering System ...... 605
Art. VIII. Impact Fees .............................. 607
Div. 1. Generally ............................... 607
Div. 2. Transportation Facilities ................. 608
Div. 3. Police, Fire, and Parks and Recreation.* 627
Div. 4. Reserved ................................ 631
Art. IX. Vested Rights .............................. 632
Art. X. Concurrency Administration and Evaluation
Procedure .................................. 638
Div. 1. Overview and Exemptions ............... 638
Div. 2. Levels of Service Standards (LOS)........ 641
Div. 3. Concurrency Administration ............ 0 643
Div. 4. Appeal Procedures, . 0 0 0 0 0 * * 4 * * 644
Div. 5. Transportation Facility Proportionate Fair -
Share Mitigation Program ............... 644.1
Art. XI. Nonconformities ............................ 644.6
Art. XII. Minimum Community Appearance and
Aesthetic Review Standards ............... 649
10. Licenses and Business Regulations, . 0 0 0 4 693
Art. I. In General .................................. 695
Art. II. Local Business Tax Receipts ................. 695
Art. III. Sexually Oriented Businesses and Adult
Entertainment Establishments ............. 696
Art. IV. Amusements ............................... 735
Art. V. Peddlers and Solicitors and Miscellaneous Sales 735
Art. VI. Secondhand Precious Metals ................ 737
Art. VII. Pain Management Clinics .................. 738
11. Miscellaneous Offenses ................................. 761
12. Motor Vehicles and Traffic .............................. 815
Art. I. In General .................................. 817
Art. II. Administration ............................. 818
Art. III. Regulations ................................ 820
Div. 1. Generally ............................... 820
Supp. No. 22 X1
\_ WEW3 Nil 11,1WKIMMN_Lq
Chapter Page
Div. 2. Stopping, Standing, Parking ............. 822
Div. 3. Operation of Golf Carts .................. 824
Art. IV. Red Light Code Enforcement Infraction...... 826.1
13. Nuisances ............................................. 873
Art. I. In General .................................. 875
Art, II. Noise ...................................... 879
Div. 1. Generally ............................... 879
Div. 2. Powers and Duties of Noise Control Officer 881
Div. 3. Prohibited Acts .......................... 882
Div. 4. Exceptions and Variances ................ 883
Div. 5. Sound Levels by Receiving Land Use ..... 885
Div. 6. Measurement Procedures ................ 885
Div. 7. Enforcement ............................ 886
Art. III. Fire and Security Alarms ................... 887
Art. IV. Miscellaneous Nuisances. . . 4 0 889
Aj•t IT Plibl.c ieebuli t3 cn Aho+nmnnt R^ard ........... uaO
14. Personnel .............................................. 931
Art. I. In General .................................. 933
Art. II. Old Age and Survivors Insurance ............ 933
AA* III. P lwllon Plan .............................. 934
15. Planning ............................................ 985
Apt. I. In General .................................. 987
Art. II. Comprehensive Plan ........................ 987
Art. III. Comprehensive Plan Amendments .......... 987
16. Signs and Advertising .................................. 1041
Art. I. In General .................................. 1043
Art. II. Distribution of Handbills and Periodicals..... 1043
Art. III. Signs ...................................... 1045
Div. 1. Generally ............................... 1045
Div. 2. Standards, N 9 4 0 0 0 0 & 0 V 0 4 1052
17. Streets, Sidewalks and Other Public Places .............. 1101
Art. I. In General .................................. 1103
Art. II. Streets ..................................... 1103
Art. III. Sidewalks ................................. 1105
Art. IV. Excavations ................................ 1105
Art. V. City Parks and Recreational Areas ........... 1106
18. Taxation ............................................... 1157
Art. I. In General .................................. 1159
Art. II. Municipal Public Service Tax ................ 1159
Art. III. Local Improvements Assessments. . 0 1162
Div. 1. Generally ............................... 1162
Div. 2. Assessed Areas and Advisory Committees. 1164
Div. 3. Local Improvement Assessments ......... 1166
Div. 4. Related Service Assessments ............. 1169
Div. 5. Collection of Assessments ................ 1173
Div. 6. Issuance of Obligations .................. 1175
Supp. No. 99 x0i
TABLE OP CON TENTS-Cont'a.
Chapter Page
Div. 7. General Provisions ...................... 1176
Div. 8. Specific Special Assessment Disticts and
Areas ................................... 1176
Art. IV. Fire Rescue Assessment .................... 1177
Div. 1. Introduction ............................ 1177
Div. 2. Annual Fire Rescue Assessments, ........ 1180
Div. 3. Collection and Use of Fire Rescue Assess-
ments .................................. 1186
Div. 4. General Provisions ...................... 1189
19. Utilities ............................................... 1227
Art. I. Solid Waste ................................. 1230A
Art. II. Wastewater System ......................... 1230.2
Div. 1. Generally ............................... 1230.2
Div. 2. Administration ......................... 0 1232.1
Div. 3. Use Regulations ......................... 1235
Div. 4. Rates, Fees and Charges ................. 1238
Div. 5. Sewerage Revenue Generation System.... 1252
Art. III. Reclaimed Water System ................... 1252.1
Art. IV. Potable Water Supply. . 0 0 4 9 * 0 0 a * W a 0 0 0 a 0 * * a 0 a 1254
Div. 1. Generally ............................... 1254
Div. 2. Cross -Connection Control, Backflow Preven-
tion..................................... 1254
Art. V. Stormwater Management Utility ............. 1255
Art. VI. Water Shortage Conditions and Shortages ... 1260.7
Art. VII. Water Conservation and Landsacape Irriga-
tion ...................................... 1263
Art. VIII. Utility Protection and Enforcement........ 1266
20. Zoning, . P a * * * a 4 a 0 0 0 0 a 0 0 0 a & 0 6 4 0 0 a 0 4 0 s 0 0 0 0 0 0 0 a 0 0 0 % 1305
Art. I. In General .................................. 1311
Art. II. Administration ............................. 1316
Div. 1. Procedure; Land Use Decisions ........... 1316
Div. 2. Planning and Zoning Board .............. 1322A
Div. 3. Reserved ................................ 1323
Art. III. Establishment of Districts .................. 1323
Div. 1. Generally ............................... 1323
Div. 2. R-lAAA Single -Family Dwelling Districts. 1325
Div. 3. R-CI Single -Family Dwelling District ..... 1326
Div. 4. R-1AA and R-IA One -Family Dwelling
Districts ................................ 1327
Div. 5. R-1 One -Family Dwelling Districts ....... 1329
Div. 6. R-3 Multiple -Family Dwelling Districts ... 1330
Div. 7. C-1 Neighborhood Commercial Districts .. 1331
Div. 8. C-2 General Commercial District ......... 1332.2
Div. 8.5. I-1 Light Industrial District ............ 1336.2
Div. 9. R-U Rural Urban Dwelling Districts...... 1336A
Div. 10. T-1 Trailer Home Districts .............. 1336.5
Div. 11. R-T Mobile Home Park Districts ....... 0 1337
Div. 12. Town Center District Code. 0 1341
Supp. No. 22 xlil
WINTER SPRINGS CODE
Chapter are
Div. 13. Greeneway Interchange Zoning District.. 1344
Div. 14. CC Commerce Center Zoning District ... 1346A
Div. 15. C-3 Highway 19-92 Commercial District. 1348
Art, IV. Planned Unit Developments ................ 1350
Art. V. Supplemental District Regulations ........... 1355
Div. 1. Generally ............................... 1355
Div. 2. Motor Vehicles .........................0 1359
Div. 3. Siting and Regulation of
Telecommunications Towers. . 0 0 * Not 0 0 0 0 0 0 1370.3
Div. 4. Regulation of Home Occupations or Home
Offices .................................. 1380
Art. VI. S.R. 434 Corridor Vision Plan.... 0 0 0 0 0 a 0 * 0 P 9 1382
Div. 1. S.R. 434 Corridor Overlay District........ 1382
Div. 2. General Design Standards for New Develop-
ment Area .............................. 1382
Div. 3. Reserved ................................ 1386
Div. 4. Heserved................................ 1386
Code Comparative Table-1974 Code ........................ .
2091
Supp. No. 22 xlV
Checklist of Up4o-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page -for -page
substitution basis, it has become evident that through usage and supplementation
many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to
determine whether the Code volume properly reflects the latest printing of each
page.
In the first column all page numbers are listed in sequence. The second column
reflects the latest printing of the pages as they should appear in an up-to-date
volume. The letters "OC" indicate the pages have not been reprinted in the
Supplement Service and appear as published for the original Code. When a page has
been reprinted or printed in the Supplement Service, this column reflects the
identification number or Supplement Number printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in
compiling an up-to-date copy from the original Code and subsequent Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page 22 79, 80 OC
22 81, 82 OC
v, vi OC 83 4
vii, viii OC 133, 134 22
ix, x 22 135, 136 18
xi, xii 22 137, 138 17
xiii, xiv 22 139, 140 19
S11:1, SH:2 22 141, 142 22
1, 2 16 143, 144 22
3, 4 16 144.1, 144.2 22
5, 6 16 144.3, 144.4 22
7, 8 16 144.5, 144.6 22
9, 10 16 144.7, 144.8 22
11, 12 16 144.9, 144.10 22
3114 16 144.111 144.12 22
15, 16 12 145, 146 19
17, 18 12 146.1, 146.2 19
1% 20 12 147, 148 20
21 22 148.1, 148.2 15
67 16 14% 150 OC
77, 78 4 151, 152 18
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Supp. No. 22
WINTER SPRINGS CODE
Page No. Supp. No. Page No. Supp. No.
153, 154 18 379, 380 19
155, 156 18 381,382 19
203, 204 4 383,384 19
205, 206 4 385, 386 19
207, 208 4 387,388 19
257 OC 3892390 21
259 OC 390.1, 390.2 21
309, 310 18 391,392 19
311, 312 18 393,394 19
313, 314 18 3952396 22
315, 316 22 397,398 22
316.11 316.2 22 433,434 14
17,318 19 435,436 22
31% 320 18 437,438 22
21,322 18 4397440 OC
23,324 18 441, 442 OC
253326 22 493,494 3
27,328 5 495,496 12
29,330 5 497,498 12
313332 5 499,500 12
33,334 5 501,502 12
335, 336 5 502.11 502.2 12
337, 338 5 503,504 1
33% 340 5 505,506 1
41,342 5 507 1
43,344 5 555,556 9
45,346 5 557,558 22
47,348 5 559,560 18
49,350 5 561,562 16
51,352 5 563,564 22
353 5 564.1, 564.2 16
65,366 22 564.3, 564.4 16
67,368 19 565,566 OC
36% 370 19 567,568 OC
71,372 19 56% 570 OC
73,374 19 571,572 OC
75,376 19 573,574 17
77,378 19 575,576 OC
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Supp. No. 22
CHECKLIST OF UP-TO-DATE PAGES
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577, 578 OC 644.5, 644.6 10
57% 580 OC 645, 646 11
581, 582 6 647,648 5
58201, 582.2 6 64% 650 15
583, 584 1 651, 652 10
584.1, 584.2 3 693, 694 19
585, 586 OC 695, 696 10
587, 588 OC 696.1, 696.2 10
58% 590 16 6977698 5
91,592 16 69% 700 5
592.1, 592.2 3 701,702 5
93,594 OC 703,704 5
95,596 OC 705,706 10
97,598 OC 707, 708 5
59% 600 OC 70% 710 10
01,602 OC 711,712 5
03,604 OC 713,714 5
052606 2 715,716 10
607, 608 22 717,718 5
609, 610 22 719,720 5
611, 612 OC 721,722 5
313,614 10 723,724 5
6157 616 OC 725,726 10
617, 618 OC 727,728 5
319,620 OC 72% 730 5
3212622 OC 731,732 10
623,624 15 733,734 10
625,626 8 735,736 10
627,628 18 737,738 19
62% 630 18 761,762 17
631,632 18 763,764 17
635,636 OC 815,816 16
637,638 2 817,818 OC
639,640 10 81% 820 7
641, 642 10 821,822 22
643,644 10 823,824 22
644.1, 644.2 10 825,826 22
644.3, 644.4 10 826.1, 826.2 21
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Supp. No. 22
WINTER SPRINGS CODE
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827, 828 16 1113, 1114 22
829, 830 16 1157, 1158 12
873, 874 19 1158.1, 1158.2 12
875, 876 6 1159, 1160 2
877, 878 22 1161, 1162 2
797880 22 1162.1, 1162.2 3
880.1, 880.2 22 1163, 1164 OC
881, 882 19 1165, 1166 17
883, 884 19 1167, 1168 OC
885, 886 22 1169, 1170 OC
877888 22 1171, 1172 OC
888.1, 888.2 22 1173, 1174 OC
89,890 19 1175, 1176 4
891, 892 19 1177, 1178 12
893, 894 19 1179, 1180 12
31,932 3 1181, 1182 12
933, 934 16 1183, 1184 12
985, 986 19 1185, 1186 12
987, 988 19 1187, 1188 12
989 19 1189 12
1041, 1042 19 1227, 1228 20
1043, 1044 OC 122% 1230 20
1045, 1046 19 1230.1, 1230.2 20
1047, 1048 19 1231, 1232 22
1049, 1050 19 123201) 1232.2 22
1051, 1052 20 1233, 1234 OC
1053, 1054 20 1235, 1236 OC
1055, 1056 21 1237, 1238 OC
1056.1, 1056.2 21 1239, 1240 OC
105643) 1056.4 21 1241, 1242 18
1057, 1058 19 1243, 1244 18
1059 19 1245,1246 18
11017 1102 18 1246.1, 1246.2 18
1103, 1104 18 1247, 1248 15
1105, 1106 18 1249, 1250 15
1107, 1108 18 1251, 1252 18
11097 1110 18 1252.1, 1252.2 16
1111, 1112 22 1253, 1254 16
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CHECKLIST OF UP-TO-DATE PAGES
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1255, 1256 16 1342.5, 1342.6 18
1257, 1258 16 1342.7, 1342.8 18
1259, 1260 16 1342,91 1342610 18
1260.1, 1260.2 6 1342.11, 1342912 18
1260.3, 1260A 6 1342.13, 1342.14 18
1260.5, 1260.6 22 1342.15, 1342A6 22
1260.7, 1260.8 22 1342.17, 1342.18 22
1261, 1262 3 13424197 1342020 18
1263, 1264 16 1342.21, 1342.22 18
1265, 1266 16 1342.23, 1342.24 18
1267, 1268 16 1342.25, 1342.26 18
1305, 1306 22 1342.27, 1342.28 18
1307, 1308 22 1342.292 1342030 18
1309, 1310 22 1342.31, 1342932 18
1311, 1312 22 1342.33, 1342034 18
1313, 1314 22 1342.35, 1342.36 18
1315, 1316 22 1342.36.1, 1342.36.2 18
1316.1, 1316.2 22 1342.36.3, 1342.36.4 18
1317, 1318 16 1342.36.5, 134263646 18
1319, 1320 16 1342.36.7, 134203648 18
1321, 1322 22 1342.36.9, 1342.36.10 18
1322.1, 1322.2 22 1342.36.11, 1342636.12 18
1323, 1324 16 1342.36.13, 1342.36.14 18
1325, 1326 20 13424364152 1342436416 18
1327, 1328 20 1342036.172 1342036.18 18
132% 1330 20 1342.36.19, 1342.36.20 18
1331, 1332 20 1342.36.21, 1342.36.22 18
1332.1, 1332.2 22 1342.36.23, 1342.36.24 18
1333, 1334 22 1342.36.25, 1342036626 18
1335, 1336 22 13420360272 1342936028 18
1336.1, 1336.2 20 1342.36.292 1342.36.30 18
1336.3, 1336.4 20 1342.36.31, 1342.36.32 18
1336.5, 1336.6 20 1342.36.33, 1342.36.34 18
1337, 1338 OC 1342.36.35, 1342036036 18
1339, 1340 OC 13420360372 1342936.38 18
1341, 1342 18 1342.36.3% 1342.36.40 18
1342.1, 1342.2 18 1342.36.41, 1342.36.42 18
1342.3, 1342A 18 1342.36.43, 1342.36.44 18
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WINTER SPRINGS CODE
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1342.36.45, 1342.36.46 18 2099, 2100 9
1342.36.47, 1342.36.48 18 2101, 2102 18
1342.36.4% 1342.36.50 18 2103, 2104 21
1342.36.51, 1342.36.52 18 2105 22
1342.36.53, 1342.36.54 18 2145, 2146 22
1342.36.55, 1342.36.56 18 2147 21
1343, 1344 21 2197, 2198 16
1345, 1346 21 2199 16
1346.1, 1346.2 21 3111, 3112 19
1346.3, 1346.4 21 3113, 3114 22
1347, 1348 22 3115, 3116 22
13495 1350 22 3117, 3118 20
135001) 1350.2 22 3119 19
1351, 1352 20 3121, 3122 18
1353, 1354 20 3123 19
1355, 1356 20 3125, 3126 22
1357, 1358 20 3127, 3128 22
1359, 1360 21 3129, 3130 20
1361, 1362 21 3130.1 20
1363, 1364 22 31315 3132 19
1365 22 313353134 20
1370.1, 1370.2 15 3135, 3136 22
1370.3, 1370.4 15 3137 22
13712 1372 10 3139, 3140 21
1373, 1374 16
1375, 1376 10
1377, 1378 10
1379, 1380 18
1381, 1382 22
1382017 1382.2 22
1383, 1384 21
1385, 1386 21
1405, 1406 1
1407 1
2091, 2092 OC
2093, 2094 OC
2095, 2096 OC
2097, 2098 9
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Supp. No. 22
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.
Ord. No.
Date
Adopted
includel
Omit
Supp. No.
2010-03
442-10
Include
16
2010-06
8-23-10
Include
16
2010-07
8-2340
Include
16
2010-08
10-25-10
Include
16
2010-09
4-26-10
Include
16
2010-11
4-26-10
Include
16
2010-13
6-28-10
Include
16
201044
5-24-10
Include
16
2010-19
8- 9-10
Include
16
2010-21
9-13-10
Include
16
2011-02
5- 9-11
Include
17
2011-04
2-1441
Include
17
2011-05
2-28-11
Include
17
2011-06
6-2741
Include
17
2011-09
7-1141
Include
17
2011-10
7-25-11
Include
17
2011-11
8-22-11
Include
18
2011-13
9-26-11
Include
18
2011-08
10-10-11
Include
18
2011-14
10-10-11
Include
18
2011-15
1-23-12
Include
18
2011-16
2-27-12
Include
18
2012-02
1-23-12
Include
18
2012-06
3-12-12
Include
18
2012-07
2-2742
Include
18
2012-08
5-29-12
Include
19
2012-09
7-23-12
Include
19
2012-10
8-13-12
Include
19
2012-11
9-10-12
Include
19
2012-12
9-10-12
Include
19
2012-15
10- 8-12
Include
19
2012-16
11-19-12
Include
19
2013-02
2-25-13
Include
19
Supp. No. 22 SII:1
WINTER SPRINGS CODE
Ord. No.
Date
Adopted
Include/
Omit
Supp. No.
2013-03
3-11-13
Include
19
2013-07
9- 9-13
Include
19
2013-08
8-12-13
Include
19
2013-09
9- 9-13
Include
19
2013-11
3-10-14
Include
20
2013-12
5-1244
Include
20
2013-17
11-18-13
Include
20
201348
12- 9-13
Include
20
2014-03
3-24-14
Include
20
2014-06
3-10-14
Include
20
2014-09
4-2844
Include
20
2014-11
54244
Include
20
2014-10
7-2844
Include
21
2014-12
7-28-14
Include
21
94014-18
7-2R-1
a
Tnchitle
21
2014-15
9-28-14
Omit
21
2014-18
9-8-14
Omit
21
2014-21
10-13-14
Omit
21
2014-24
2014-32
10-27-14
1-12-15
Include
Include
21
21
2014-34
12- 8-14
Include
21
2015-01
2-22-16
Include
22
2015-04
3-2345
Include
22
2015-07
1-26-15
Include
22
2015-09
443-15
Include
22
2015-12
4-27-15
Include
22
2015-15
1-25-16
Include
22
2015-19
9-1445
Include
22
2015-20
10-26-15
Include
22
2015-21
10-12-15
Include
22
2015-22
10-26-15
Include
22
2016-05
2-22-16
Include
22
2016-07
4-11-16
Include
22
Supp. No. 22 SH:2
CHARTER
distance of 655.47 feet through a central
angle of 19°05'35"; thence South 86°29'50"
East a distance of 1449.46 feet to the
East line of the Moses E. Levy Grant;
thence South 04°13'03" West a distance
of 508.82 feet to a point on a curve
concave Northerly having a radius of
654.81 feet; thence Easterly along curve
a distance of 344.50 feet through a central
angle of 30°08'37"; thence South 00°36'11"
East a distance of 912.73 feet to the
South right-of-way line of the CSX
railroad; thence North 55°19' West along
said right-of-way line a distance of 577.32
feet; thence South 24°27'43" West a
distance of 144.70 feet to the North
right-of-way line of Railroad Avenue;
thence North 57°08'47" West along said
North right-of-way line of Railroad Avenue
a distance of 628.60 feet; thence North
85°39'35" West a distance of 643.45 feet
to the East line of Gardena Farms; thence
North 04°20'25" East a distance of 388.78
feet to the Point of Beginning.
H. That part of Section 4, Township 21
South, Range 31 East, Seminole County,
Florida described as follows: Commence
at the Southeast corner of Barrington
Estates, Plat Book 62, Page 80, Public
Records of Seminole County, Florida;
thence North 00°21'31" West, 306.84 feet
to the Point of Beginning; thence South
89°51'33" West, 25.00 feet; thence North
00°21'31" West, 25.00 feet; thence North
89°51'33" East, 25.00 feet; thence South
00°21'31" East to the Point of Beginning.
Note: The foregoing legal description is based on
the following data:
1. The City of Winter Springs Subdivision
and Parcel Map dated November 2007,
prepared by Southeastern Surveying,
2. Property ownership maps prepared by
the Seminole County Property Appraiser
for 29 sections.
3. Recorded plats of subdivisions affecting
the legal description, utilizing 122 plat
book pages.
TSS Order Number T07-F08
TSS File Number SX-7930
(Ord. No. 2008-09, § 2, 5-27-08)
App. A
Ordinances Annexing Property to the City
Since May 27, 2008
NOTE: The following are not included in the
territorial description:
Or•d. No. Date
2008-17
9-22-08
2013-03
3-11-13
2013-07
9-
9-13
2013-12
5-12-14
2013-18
12-
9-13
2014-03
3-24-14
2015-01
2-22-16
2015-04
3-23-15
2015-09
4-13-15
[The next page is 67]
Supp. No. 92 01
Chapter 2
ADMINISTRATION*
Article I. In General
Sec. 2-l. 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.
Secs. 2-27-2-40. 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. 2-44. 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
Subdiuision A. Code Bnfw•cement
Sec.
Subdivision
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.
Sec.
2-65.2.
Additional enforcement powers.
B. Citations
Sec. 2-66. Intent.
Sec. 2-67. Definitions.
*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 clerlt's office.
Cross references —Alcoholic beverages, Ch. 3; city forestry office established, § 5-2; fire department, § 7-26 et seq.; 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, P.S. ch. 166.
Supp. No. 22 133
WINTER SPRINGS CODE
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
Secs.
2-70-2-73.
Reserved.
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 )V 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,
Article VI. Finance
Division 1. Generally
Secs. 2-136-2-150. Reserved.
Supp. No. 22 134
ADMINISTRATION
from an official board meeting, the second
alternate member shall assume all duties of an
absent regular member, including the right to
vote on any matter before the board at that
meeting. In the absence of the first alternate
board member from an official board meeting,
the second alternate board member shall act in
the place of the absent first alternate, including
the right to vote on matters before the board at
that meeting if a regular member is absent at
that meeting.
(j) Multiple board or committee membership.
No member of any appointed board or committee
of the City of Winters Springs shall be allowed to
serve on more than one such board or committee
at a time, with the exception of appointments to
ad hoc committees of temporary duration. Any
board or committee member, at the time of the
effective date of this subsection [Jan. 14, 20021
who is a member of more than one (1) board or
committee, may continue to serve on each such
board or committee until the expiration of the
current term of each respective board, the member
resigns from such board or committee, or is
removed, in accordance with this chapter, from
any such board or committee.
(Ord. No. 2001-49, § 2, 10-8-01; Ord. No. 2001-
61, § 2, 1-14-02; Ord. No. 2002-28, § 2, 9-23-02;
Ord. No. 2005-31, § 2, 11-28-05; Ord. No. 2010-
14, § 2, 5-24-10; Ord, No. 2012-08, § 2, 5-29-12)
Note —Formerly numbered as § 2-42.
Sec. 2-42. Time of meeting adjournment.
Unless sooner adjourned by majority vote of
the board or committee, the chairperson shall
adjourn the board or committee meeting at 10:00
,in, However, by a two-thirds (2/3) vote of the
present members of the board or committee, a
board or committee meeting may be extended
beyond 10:00 p.m. in time increments or to
handle any specific agenda item(s). The failure
of any city board or committee, or chairperson
thereof, to abide by this rule shall not have any
adverse effect on any final decision made by
majority vote of such board or committee.
(Ord. No. 2011-05, § 2, 2-28-11)
Editor's note —Ord. No. 2011-05, § 2, adopted Feb. 28,
2011, amended the Code by adding provisions designated as
§ 2-43. In order to avoid conflicts in section numbering the
editor renumbered former § 2-42 as § 2-41 and added the
provisions of Ord. No. 2011-05 as § 2-42.
y Sec. 2-43. Bicycle and pedestrian advisor
committee —Creation; composi-
tion; appointment of members.
(a) Pursuant to Transportation Element Policy
1.5.18 of the city's comprehensive plan, the city
hereby establishes a trails advisory committee
which shall be known as the "Bicycle and
Pedestrian Advisory Committee."
(b) The committee shall have five (5) members
and membership on the committee shall be in
accordance with the terms of section 2-42 of this
code except as expressly provided in this section.
Effective April 27, 2015, the term of each com-
mittee member assigned by seat number shall be
retroactively staggered to run concurrently with
the same corresponding city commissioner seat,
except that the committee member term shall
expire on February 1 immediately following the
expiration of the term of the corresponding city
commissioner seat. Thereafter, all appointments
shall remain staggered and shall be made for a
term of four years. The committee may addition-
ally include ex officio members, who may or may
not be residents of the city, who can provide
technical support or expertise in any aspect of
the committee's work. Such ex officio members
will have no voting power and cannot be used for
the purpose of establishing a quorum for meet-
ings. Any commissioner or the mayor may appoint
an ex officio member but such appointment is
not effective until ratified by majority vote of the
city commission.
(c) Appointees to the committee shall have
knowledge and experience or interest in the
planning and implementation of a city intercon-
nected trail and bicycle system network, as
determined by application. No person shall be
appointed with private or personal interests
likely to conflict with the general public interest.
(d) The committee shall conduct four (4)
quarterly regular meetings each year and may
conduct additional special meetings as may be
necessary to properly perform its duties and
functions.
Supp. No. 00 141
HIM 5 i V 0 MMMMMNJ LM
(e) The committee shall establish rules and or
bylaws to govern the manner in which its meet-
ings and affairs are conducted, provided that
such rules and procedures are not inconsistent
with federal and state law, the city code or
direction of the city commission.
(f) The committee shall be subject to the
Florida Public Records Act and the Sunshine
Law.
(Ord. No. 2010-06, § 2, 8-23-10; Ord. No. 2015-
12, § 2, 4-27-15)
Sec. 2-44. Purpose and duties.
(a) The purpose of the committee is to promote
trail, pedestrian and bicycle circulation systems
and encourage increased use of non -motorized
transportation in the city. The committee shall
perform the following duties:
(1) Serve as an advocate for the adoption of
a Trail and Bicycle System Master Plan
for the city.
(2) Promote pedestrian and bicycle travel as
a viable transportation choice to connect
neighborhoods with parks, schools, com-
mercial areas, and other destinations in
the city and surrounding area.
(3) Assist with identifying funding sources
and implementation strategies which
further the development of an intercon-
nected network of trails, sidewalks and
bikeways within the city.
(4) Recommend to the city commission
establishment, development, planning,
funding and maintenance of specific trail,
sidewalk and bicycle projects.
(5) Consider all matters submitted to it by
the city commission or staff and shall
offer suggestions or recommendations on
its own initiative. It shall receive peti-
tions and suggestions from the citizens of
the city, and shall cooperate with civic
groups, governmental agencies, and other
organizations regarding trail, sidewalk
and bicycle system planning and
implementation.
(Ord. No. 2010-06, § 2, 8-23-10)
Supp. No. 22 142
Sec. 2-45. Parks and recreation advisory
committee —Creation; composi-
tion; appointment of members.
(a) Pursuant to Recreation and Open Space
Element Policy 1.1.2 of the city's comprehensive
plan, the city hereby creates a Parks and
Recreation Advisory Committee.
(b) The committee shall have nine (9) members
and membership on the committee shall be in
accordance with the terms of section 2-42 of this
Code except as expressly provided in this sec-
tion. Effective April 27, 2015, the term of each
committee member assigned by seat number
shall be retroactively staggered to run concur-
rently with the same corresponding city commis-
sioner seat, except that the committee member
ierui shall expire oil rebruary i iimnediauely
following the expiration of the term of the cor-
responding city commissioner seat. The four
at -large committee members shall be retroactively
staggered whereby the first two at -large, commit-
tee members, currently serving on the committee
on April 27, 2015 and identified by alphabetical
order of their respective last names, shall have a
term that expires on November 1, 2017 and the
remaining two at -large committee members shall
have a term that expires on November 1, 2019.
Thereafter, all appointments shall remain stag-
gered and shall be made for a term of four years.
The membership of the committee shall, whenever
possible, include the following:
(1) An active member of the Winter Springs
Senior Association;
(2) An active member of a youth sports
organization or program;
(3) An individual who is active in planning
or assisting with special events of the
city;
(4) An individual who is active in an adult
sports organization or program;
(5) An individual who uses or accompanies
children in the use of city playgrounds;
(6) An active member of a conservation group
or agency, or an individual with experi-
ence in the use of parks for public
purposes;
(7) An individual who participates in or
supervises children who participate in
the city's summer program(s), civic center
program(s), camp(s) or other similar
program(s).
(8) An individual who is active in fundrais-
ing efforts;
(9) An individual with general interest in
parks and recreation.
(c) Appointees to the committee shall have
knowledge and experience or interest in the
planning and implementation of city parks and
recreational facilities, as determined by applica-
tion. No person shall be appointed with private
or personal interests likely to conflict with the
general public interest.
(d) The committee shall conduct four (4)
quarterly regular meetings each year and may
conduct additional special meetings as may be
necessary to properly perform its duties and
functions.
(e) The committee shall establish rules and or
bylaws to govern the manner in which its meet-
ings and affairs are conducted, provided that
such rules and procedures are not inconsistent
with federal and state law, the city code or
Erection of the city commissi dion.
(f) The parks and recreation advisory commit-
tee shall be subject to the Florida Public Records
Act and the Sunshine Law.
(Ord. No. 2010-07, § 2, 8-23-10; Ord. No. 2015-
12, § 3, 4-27-15)
Sec. 246. Purpose and duties.
(a) The purpose of the parks and recreation
advisory committee is to promote park and
recreation programs of the city and to recom-
mend to the parks and recreation director, as
well as other city staff and the city commission
as needed, policies and actions to promote, plan,
design, construct and utilize city parks and
related special events, fundraising and recreation
programs. The committee shall perform the fol-
lowing duties:
(1) Advise and assist the parks and recreation
director, as well as other city staff and
the city commission as needed, in mat-
ters involving or affecting city parks and
recreation;
(2) Keep the parks and recreation director,
as well as other city staff and the city
commission as needed, informed of the
status and progress of recreational and
parks services, plans, special events, fund-
raisers and activities;
(3) Advise and make recommendations to
the parks and recreation director, as well
as other city staff and the city commis-
sion as needed, regarding the promotion
of citizen participation in recreation and
park programs and distribution of
information about leisure activities offered
by the city; and
(4) Assist the parks and recreation director,
as well as other city staff and the city
commission as needed, in the implementa-
tion of the goals, objectives and policies
of the Recreation and Open Space Ele-
ment of the city's comprehensive plan.
(Ord. No. 2010-07, § 2, 8-23-10)
Secs. 2-47-2-55. Reserved.
DIVISION 2. CODE ENFORCEMENT
Subdivision A. Code Enforcementl'
Sec. 2-56. Intent.
It is the intent of this subdivision to promote,
protect, and improve the health, safety, and
*Cross references —Animals, Ch. 4; arbor, Ch. 5; build-
ings and building regulations, Ch. 6; fire prevention and
protection, Ch. 7; flood damage prevention, Ch. 8; land
development, Ch. 9; licenses and business regulations, Ch.
10; nuisances, Ch. 13; planning, Ch. 15; signs and advertis-
ing, Ch. 16; streets, sidewalks and other public places, Ch.
17; utilities, Ch. 19; zoning, Ch. 20.
State law reference —Code enforcement boards, F.S.
Ch. 162.
1dEditor's note —Ord. No. 2015-22, §§ 2(Exh. A), 3,
adopted Oct. 26, 2015, repealed former Subdiv. A, §§ 2-56-
2-65, in its entirety and enacted new provisions as herein set
out. Former Subdiv. A pertained to the code board and
derived from the Code of 1974, §§ 2-51-2-57, 2-59; Ord. No.
2002-28, § 2, 9-23-02; Ord. No. 2005-26, § 2, 9-12-05; Ord.
No. 2010-14, § 2, 5-24-10.
Supp. No. 22 143
WINTER SPRINGS CODE
welfare of the citizens of the City of Winter
Springs, Florida, by authorizing the creation of a
code enforcement board and designation of special
magistrates with the authority to impose
administrative fines and other noncriminal penal-
ties to provide an equitable, expeditious, effec-
tive, and inexpensive method of enforcing the
codes and ordinances of the city where a pending
or repeated violation continues to exist. The code
enforcement board and designated special
magistrates shall have the same status under
Chapter 162, Part 1, Florida Statutes, and this
subdivision. This subdivision is intended to be
supplemental and additional authority and not
intended to prevent or prohibit the City from
enforcing or obtaining compliance with City Codes
by any other lawful means.
(r)vi N. 901 5_22 9 2 1 (1_2h'_1 r.)
Sec. 2-57. Definitions.
The following words, terms and phrases, when
used in this division, shall have the ri-teanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
City Manager means the city manager or the
acting city manager in the city manager's absence
or the city manager's designee, who shall be
required to be so designated by the city manager
in writing.
Code means collectively the City of Winter
Springs Code of Ordinances and any statute,
code, rule, ordinance, or regulation incorporated
into the Code by reference.
Code enforcement board shall be a board
created pursuant to section 2-58(a) of this subdivi-
sion.
Code enforcement officer• means any authorized
agent or employee of the city who has been
designated by the city manager to enforce the
city's Code and ordinances.
Repeat violation means a violation of a provi-
sion of the Code by a person who has been
previously found through a code enforcement
board or a special magistrate, to have violated
the same provision of the Code. A repeat viola-
tion can occur only after correction of the previ-
ous violation has been made.
Supp. No. 22 144
Special magistrate means an individual
designated and determined to be qualified by the
city commission pursuant to Section 2-58 of this
subdivision.
Uncorrectable violation means a violation which
is irreparable or irreversible in nature and which
cannot be remedied after the violation has been
committed because the violation constitutes a
single prohibited act rather than an ongoing
condition or circumstance.
Violator means that person or entity responsible
for a violation of the Code (the property owner,
tenant, or business entity on the premises, or
any combination thereof) and may include the
property owner on whose property the violation
occurs regardless of who commits the violation.
(�?rd. 1T f QM 9 " 2`' I ? 1n 26 1"/
v, 9 "i
Sec. 2-58. Code enforcement board and
special magistrates.
(a) Code e,zforcerne3at boaj�d.
(1) The code enforcement board shall consist
of seven (7) members to be appointed by
the city commission to seats numbered
one (1), two (2), three (3), four (4), five
(5), six (6) and seven (7) in accordance
with section 2-41 of the City Code.
Appointments to the board shall be on
the basis of experience or interest related
to the subject matter jurisdiction of the
board. The membership of the code
enforcement board shall be limited to
residents of the city, and whenever pos-
sible, include an architect, a
businessperson, an engineer, a general
contractor, a subcontractor and a realtor
or as otherwise provided by law.
(2) The members of the code enforcement
board shall elect a chairman from among
its members who shall be a voting member.
The presence of four (4) or more members
shall constitute a quorum of the enforce-
ment board. Members shall serve without
compensation, but may be reimbursed
for such travel, mileage and per diem
expenses as may be authorized by the
city commission or otherwise as provided
by law.
ADMINISTRATION § 2-00
(3) The members of the code enforcement of municipal law and the general
board shall serve in accordance with the procedures for enforcement of municipal
City Code and may be suspended and codes, and must demonstrate a tempera -
removed for cause as provided in section ment suitable for the exercise of quasi-
241 of the City Code. In addition, if any judicial powers vested in each special
member fails to attend two of three suc- magistrate. Special magistrates shall not
cessive meetings without cause and be city employees or officers. The city
without prior approval of the chair, the manager shall be responsible for negotiat-
code enforcement board shall declare the ing and executing a contract on behalf of
member's office vacant and refer the the city with the special magistrate and
vacancy to the city commission who shall the special magistrate may be
promptly fill the vacancy. compensated at a rate to be agreed upon
(4) Unless a code enforcement case has been in the contract The contract will be in a
assigned to a special magistrate in form prepared and approved by the city
accordance with section 2-58(b)(5), or attorney.
subject to a civil citation pursuant to
subdivision B of this division 2, or (4) The city attorney may attend the code
otherwise being prosecuted by the city enforcement hearings conducted by the
pursuant to some other lawful means, special magistrate and represent City
code enforcement officers shall notice staff in the presentation of cases, or the
code enforcement cases before the code code enforcement officer may present
enforcement board. cases, at the option of the city manager
depending upon the substance and
(5) Unless otherwise directed by the city complexities of any given case. To the
commission, the city attorney's office shall extent necessary and consistent with the
serve as counsel to the code enforcement city's interests to ensure compliance with
board. City Codes, the city attorney will defend
(b) Special magistrates. final orders of the special magistrate
which are appealed by violators to a
(1) The city commission may appoint one (1) court of competent jurisdiction.
or more special magistrates. Appoint-
ments shall be made in the sole discre- (5) Special magistrates shall handle code
tion of the city commission in accordance enforcement cases expressly required by
with applicable law on the basis of experi- the City Code, or cases noticed for hear-
ence or interest in the subject matter ing by a code enforcement officer, provided
jurisdiction of the violations. the city manager has authorized the code
(2) Appointments shall be made for a term of enforcement officer to notice a particular
one (1) year and may be renewed annu- case before a special magistrate.
ally. Special magistrates may be reap-
pointed at the discretion of the city (c) Jurisdiction. Once jurisdiction of the code
commission. Special magistrates may be enforcement board system or special magistrate
suspended and removed with or without system is invoked for a particular code enforce -
cause by the commission. Appointments ment violation, jurisdiction regarding the viola -
to fill any vacancy shall be for the tion shall remain with the system invoked until
remainder of the unexpired term. the violation has been finally adjudicated.
Jurisdiction shall be determined by delivery of a
(3) Special magistrates shall be members of notice of violation to the violator which identifies
the Florida Bar in good standing for five whether the violation will proceed to a hearing
(5) or more years. The special magistrate under the code enforcement board system or a
must demonstrate satisfactory knowledge special magistrate system. It is the intent and
Supp. No. 22 144.1
WINTER SPRINGS CODE
purpose of this subsection to prohibit a particular
code enforcement violation from proceeding under
two different code enforcement systems.
(Ord. No. 2015-22, § 3, 10-26-15)
Sec. 2-59. Powers of code enforcement
board and special magistrates.
The code enforcement board and Special
magistrates shall have the power to:
(a) Hear and decide violations of the Code.
(b) Adopt rules for the conduct of hearings.
(c) Subpoena alleged violators and
nesses for hearings; subpoenas shall be
served by the county sheriff, the city
police department or by the city staff.
(d) Subpoena evidence deemed relevant 4-
hearings.
(e) Take testimony under oath.
(f) Assess and order the payment of civil
penalties as provided herein.
(g) Issue orders having the force of law to
command whatever steps are necessary
to bring a violation into compliance.
(Ord. No. 2015-22, § 3, 10-26-15)
Sec. 2-60. Enforcement procedures.
(a) Code enforcement officers shall have the
authority to initiate code enforcement proceed-
ings as provided in this subdivision. The code
enforcement board and special magistrates shall
not have such authority.
(b) Except as provided herein, a code enforce-
ment officer who finds a violation of the Code
shall issue a notice to the violator stating that
the violator has committed a violation of the
Code. The notice shall specify a reasonable time
period within which the violator must correct the
violation. This determination shall be based on
considerations of fairness; practicability; ease of
correction; ability to correct; severity of violation;
nature, extent and probability of danger or damage
to the public; and other relevant factors relating
to the reasonableness of the time period
prescribed.
(c) If, upon personal investigation, a code
enforcement officer finds that the violator has
not corrected the violation within the time period
specified in the notice, the code enforcement
officer shall notify the code enforcement board or
special magistrate, as applicable, and request a
hearing. If the violation is corrected and then
recurs or if the violation is not corrected by the
time specified for correction by the code enforce-
ment officer, the case may be presented to the
special magistrate even if the violation has been
corrected prior to the hearing, and the notice
shall so state.
(d) If a repeat violation is found, the code
enforcement officer shall issue a notice to the
violator but is not required to give the violator a
leasenahlp time ko corrort. t11e violation, The
code enforcement officer, upon notifying the viola -
of a repeat violation, shall notify the code
enforcement board or special magistrate, as
applicable, and request a hearing. The case may
be presented to the code enforcement board or
special magistrate even if the repeat violation
has been corrected prior to the hearing, and the
notice shall so state. If the repeat violation has
been corrected, the code enforcement board or
special magistrate retains the right to schedule a
hearing to determine costs and impose the pay-
ment of reasonable enforcement fees upon the
repeat violator.
(e) If a code enforcement officer has reason to
believe a violation or the condition causing the
violation presents a serious threat to the public
health, safety, and welfare, or if the violation is
an uncorrectable violation, the code enforcement
officer shall make a reasonable effort to notify
the violator and may immediately request a
hearing.
(f) If the owner of property that is subject to
an enforcement proceeding before the code enforce-
ment board or special magistrate transfers owner-
ship of such property between the time the
tial pleading was served and the time of the
hearing, such owner shall:
(1) Disclose, in writing, the existence and
the nature of the proceeding to the
prospective transferee.
Supp. No. 22 144.2
ADMINISTRATION
(2) Deliver to the prospective transferee a
copy of the pleadings, notices, and other
materials relating to the code enforce-
ment proceeding received by the transf-
eror.
(3) Disclose, in writing, to the prospective
transferee that the new owner will be
responsible for compliance with the
applicable Code provision and with orders
issued in the code enforcement proceed-
ing.
(4) File a notice with the code enforcement
board or special magistrate, as applicable,
of the transfer of the property, with the
identity and address of the new owner
and copies of the disclosures made to the
new owner, within 5 days after the date
of the transfer.
A failure to make the disclosures described in
subsections (1), (2), and (3) before the transfer
creates a rebuttable presumption of fraud. If the
property is transferred before the hearing, the
proceeding shall not be dismissed, but the new
owner shall be provided a reasonable period of
time to correct the violation before the hearing is
held.
(g) Nothing herein shall prohibit a violator's
from waiving his or her rights to the hearing
required by this section and entering into a
pre -hearing code enforcement settlement agree-
ment, which must be memorialized in writing
and executed by the violator and city manager.
Such agreements may include terms and condi-
tions to bring the violation into compliance,
impose and require payment of an agreed upon
penalty and reimbursement of costs incurred by
the city related to the violation, and other terms
and conditions deemed necessary to settle the
violation.
(Ord. No. 2015-22, § 3, 10-26-15)
Sec. 2-61. Service of notice.
(a) All notices required in this subdivision
shall be provided to the alleged violator by
certified mail, return receipt requested; by hand
delivery by the sheriff or law enforcement officer
of the city, code enforcement officer, or other
person designated by the city commission; or by
leaving the notice at the violator's usual place of
residence with any person residing therein who
is above 15 years of age and informing such
person of the contents of the notice. In the case
of commercial premises, leaving the notice with
the manager or other person in charge.
(b) In addition to providing notice as set forth
in subsection (a), at the option of the code
enforcement board or special magistrate, as
applicable, or the code enforcement officer, notice
may also be served by publication or posting as
follows:
(1) Such notice shall be published once during
each week for four (4) consecutive weeks,
with four (4) publications being suf-
ficient, in a newspaper of general circula-
tion in the city. The newspaper shall
meet such requirements as are prescribed
under Chapter 50, Florida Statutes, for
legal and official advertisements.
(2) Proof of publication shall be made as
provided in §§ 50.041 and 50.051, Florida
Statutes.
(3) In lieu of publication as described in
subsection (1) above, such notice may be
posted for at least ten days in at least
two locations, one of which shall be the
property upon which the violation is
alleged to exist and the other of which
shall be at city hall. Proof of posting
shall be by affidavit of the person posting
the notice, which affidavit shall include a
copy of the notice posted and the date
and places of its posting.
(4) Notice by publication or posting may run
concurrently with, or may follow, an
attempt to provide notice by hand delivery
or by mail as required under subsection
(a).
(c) Evidence that an attempt has been made
to hand deliver or mail notice as provided in
Subsection (a) together with proof of publication
or posting as provided in subsection (b) shall be
sufficient to show that the notice requirement, of
Supp. No. 09 144.3
WINTER SPRINGS CODE
this part has been met, without regard to whether
or not the alleged Violator actually received the
notice.
(Ord. No. 2015-22, § 3, 10-26-15)
Sec. 2-61.5. Application for satisfaction,
reduction, or release of code
enforcement liens.
(a) Where a certified copy of an order impos-
ing a penalty or fine, as described in this divi-
sion, has been recorded in the public records of
Seminole County, Florida, and has become a lien
against the land and/or property of the violator,
such violator, or the violator's successors or
assigns, who has an ownership interest in the
encumbered property (collectively the "applicant")
may apply for a satisfaction, reduction, or release,
of such lien as follows:
(1) Upon full payment by the applicant of
the fine or penalty imposed in accordance
with this division, the city manager is
hereby authorized to execute and record
on behalf of the city a satisfaction of lien
in the public records of Seminole County,
Florida. The applicant shall be responsible
for paying all costs of recording.
(2) Upon request for a reduction or release of
a fine or penalty imposed in accordance
with this division, the applicant shall
submit a written application to the city
manager or designee.
(b) The application for reduction or release of
lien shall be in written form, typed or handwrit-
ten, by the applicant and shall be submitted to
the city manager, or designee. The application
shall be executed under oath and sworn to in the
presence of a notary public, and shall include,
but may not be limited to, the following:
(1) A copy of the order imposing a lien upon
the property including the code enforce-
ment case number;
(2) The date upon which the applicant
brought the subject property into compli-
ance with the Code;
(3) The factual basis upon which the applicant
believes the application for release or
reduction of lien should be granted;
(4) The terms upon which the release or
reduction of lien should be granted;
(5) The reasons, if any, compliance was not
obtained prior to the order of penalty or
fine being recorded;
(6) The reduction in penalty or fine sought
by the applicant;
(7) A statement verifying whether the
applicant was issued any title policy or
policies for the subject property
encumbered by the lien after the date the
lien was recorded in the public records of
Seminole County, Florida. If such a policy
or policies were issued to the applicant, a
copy of any such title policy shall be
submitted with the application;
(8) Any other information which the applicant
deems pertinent to the request, includ-
ing but not limited to the circumstances
that exist, which would warrant the reduc-
tion or satisfaction of the penalty or fine.
(c) The applicant shall submit, at the time of
application, payment to the city in the amount
necessary to reimburse the city for its costs
associated with recording the order imposing a
penalty or fine and the requested reduction or
release of lien. These costs are nonrefundable,
without regard for the final disposition of the
application.
(d) Upon receipt of the application for reduc-
tion or release of lien and payment provided
above, the city manager or designee shall confirm
through the code enforcement department that
the violation which resulted in the order impos-
ing penalty or fine has been brought into compli-
ance. If the violation has been brought into
compliance and there is no current code violation
upon the property in question, the city manager
shall review and consider the application.
Additional information shall also be required to
support the application if the city manager deems
such information is relevant and necessary to
make a final decision on the application. The city
commission hereby delegates to the city manager
the authority to review and consider applica-
tions for release or reduction of liens and make
determinations as provided herein.
Supp. No. 99 144.4
(e) The city manager shall review and consider
the following factors in making a determination
to reduce or release the lien:
(1) The amount of any administrative and
out-of-pocket costs incurred by the city
which are directly associated with the
underlying code enforcement case and
lien including, but not limited to, code
enforcement staff and attorney time, post-
age, advertising and recording costs, and
other city expenses related to any measure
taken by the code enforcement board or
special magistrate or city to abate a
nuisance caused by the violation;
(2) The gravity and number of the viola-
tion(s);
(3) The amount of the requested reduction;
(4) Whether the applicant was responsible
for the violation which caused the lien;
(5) Whether the applicant is or will be a
bona fide purchaser of the subject property
and is filing or has filed for a homestead
exemption evidencing a desire to reside
within the city on a non -transient basis,
or whether the property is or will be
acquired for investment or other purposes;
(6) Whether the applicant acquired the
subject property with knowledge of the
subject lien;
(7) The time in which it took to bring the
property into compliance;
(8) The accrued amount of the code enforce-
ment fine or lien as compared to the
current market value of the property;
(9) With respect to a speculator, non -
homestead purchaser of the subject
property, the accrued amount of the code
enforcement fine or lien as compared to
the investment/profit that will be gained
as a result of the purchase or sale of the
property and the reduction or satisfac-
tion;
(10) Any previous or subsequent code viola-
tions pertaining to the property unless
an order finding a violation is under
appeal at the time of determination;
§ 2-61so
(11) Any previous or subsequent code viola-
tions of the applicant pertaining to other
properties owned within the city, unless
an order finding a violation is under
appeal at the time of determination;
(12) Any relevant information contained in
any title policy required to be submitted
to the city under this section;
(13) Any financial hardship;
(14) Any other mitigating circumstance which
may warrant the reduction or satisfac-
tion of the penalty or fine; and
(15) Any other administrative review criteria
relevant to whether it is equitable to
reduce or release a lien which are adopted
by the city manager, in writing, and are
intended to be applied to all applications
on a uniform basis.
(f) The city manager may, in writing, approve,
approve with conditions, or deny the application
to reduce or release of lien. To the maximum
extent feasible, the city manager shall collect, at
a minimum, all administrative and out-of-pocket
costs incurred by the city as specified in subsec-
tion (e)(1). If the city manager approves the
application and the approval is conditioned upon
the applicant paying a reduced penalty, fine, or
any other condition, the satisfaction or release of
lien shall not be prepared or recorded until the
condition(s) placed by the city manager have
been satisfied.
(g) The applicant shall have thirty (30) days
in which to comply with the conditions imposed
by the city manager or submit a written appeal
as provided herein. Failure of the applicant to
comply or timely appeal will result in the
automatic denial of the application and the
original amount of the fine, including costs, shall
be automatically reinstated. After the appeal
time period has run or is waived by the applicant,
in writing, the city manager may, for good cause
shown, grant additional time in the form of a
written estoppel letter to a closing agent for
purposes of facilitating a pending closing of the
subject property.
Supp. No. 22 144.5
WINTER SPRINGS CODE
(h) If the application is denied, or if the
application is automatically denied due to the
failure of the applicant to comply with the
conditions imposed by the city manager or timely
appeal, the applicant shall thereafter be barred
from applying for a subsequent reduction or
release of lien for a period of one year from the
date of denial. During the one-year period, the
lien may only be satisfied and released upon full
payment of the fine or penalty imposed in
accordance with this division.
(i) The applicant may appeal the city manager's
decision to the city commission, by filing a
written appeal within thirty (30) days of the date
of the decision with the city clerk. The notice of
appeal shall state the decision that is being
appealed, the grounds for appeal, and a brief
summary of the relief being sought. A nonrefund-
able filing fee of $100.00 shall accompany the
notice of appeal. Upon submittal of a timely
appeal and filing fee, the city manager shall
place the appeal of the determination upon the
agenda of the next regularly scheduled city
commission meeting to the extent practicable.
The city commission shall render a final decision
on the application based upon the sworn applica-
tion and determination of the city manager and
any other relevant information or testimony
provided to the city commission at the meeting
by the applicant, city manager or any other
interested party. Any decision made by the city
commission pursuant to this section shall be
deemed final and not subject to any further
administrative review by the city. The applicant
shall have thirty (30) days in which to comply
with any decision of or condition imposed by the
city commission or the application shall be deemed
automatically denied and thereafter, the applicant
shall be barred from applying for a subsequent
reduction or release of lien for a period of one
year from the date of the city commission's
decision. During the one-year period, the lien
may only be satisfied and released upon full
payment of the fine or penalty imposed in
accordance with this division.
(j) When a lien is satisfied as a result of
reduced payment or release as ordered by the
city manager or city commission, the city manager
is hereby authorized to execute and record in the
public records of Seminole County, Florida, a
satisfaction of lien on behalf of the city.
(k) Under appropriate circumstances
determined by the city manager or city commis-
sion to be in the best interests of the city, the city
manager or city commission may approve an
application conditioned upon a partial release of
lien that releases a city lien from a specific piece
of property. However, the lien will remain in
effect and will encumber any other properties
which are subject to the lien pursuant to law.
Partial releases of lien may also be authorized by
the city manager or city commission to account
for any funds paid to the city to reduce the
amount owned on the lien. In addition, nothing
herein shall prohibit the city manager from
releasing a lien, in whole or part, which was
recorded in error by the city or foreclosed by a
superior lien or mortgage in a judicial proceed -
The city manager may impose an administra-
tive charge to release a lied recorded in error or
foreclosed to recover the city's costs associated
with the subject lien. An application shall not be
required to release a lien recorded in error.
(Ord. No. 2015-21, § 2, 1042-15)
Sec. 2-62. Scheduling and conduct of hear-
ing.
(a) Upon request of the code enforcement
officer, or at such other times as may be neces-
sary, the code enforcement board or special
magistrate, as applicable, may call a hearing.
Minutes shall be kept of all hearings, and all
hearings and proceedings shall be open to the
public. The city manager shall provide clerical
and administrative personnel as may be reason-
ably required to conduct the hearing. The city
clerk shall serve as clerk to the code enforcement
board or special magistrate as it serves as clerk
to the city commission unless the city manager
determines otherwise.
(b) The code enforcement officer shall send a
notice of hearing in the same manner of service
as outlined in section 24U.
(c) The code enforcement officer shall call
hearings on a monthly or as needed basis or
upon the request of the code enforcement board
Supp. No. 92 144.6
ADMINISTRATION
or special magistrate, as applicable. Except as
provided herein, a hearing date shall not be
postponed or continued unless a request for a
continuance, showing good cause for a continu-
ance, is received in writing by the code enforce-
ment board or special magistrate at least five (5)
calendar days prior to the date set for hearing.
(d) A code enforcement board or special
magistrate shall postpone a hearing if the named
violator, prior to the scheduled hearing date,
files with the duly authorized city board or
official of appropriate jurisdiction, if any, an
administrative appeal concerning the interpreta-
tion or application of the Code provisions upon
which the alleged violation was based. However,
once an issue has been determined by a code
enforcement board or special magistrate in a
specific case, that issue may not be further
reviewed by a city board or official in that
specific case.
(e) Each case before a code enforcement board
or special magistrate shall be presented by a
code enforcement officer or by a duly authorized
representative of the city. If the city prevails in
prosecuting a case before the code enforcement
board or special magistrate, it shall be entitled to
recover all costs incurred in prosecuting the case
before the code enforcement board or special
magistrate and such costs may be included in the
lien authorized under Section 2-63.
(f) A code enforcement board or special
magistrate shall proceed to hear the cases on the
agenda for that day. All testimony shall be under
oath and shall be recorded. The code enforce-
ment board or special magistrate shall take
testimony from the code enforcement officer and
alleged violator, as well as any relevant wit-
nesses, relevant written evidence and documenta-
tion may also be submitted into the record.
Formal rules of evidence shall not apply, but
fundamental due process shall be observed and
shall govern the proceedings. The code enforce-
ment board or special magistrate may exercise
reasonable discretion in managing the hearing
agenda and may continue or reschedule cases to
the extent reasonably necessary to afford due
process, address continuances for good cause
shown, or effectively manage the case load.
(g) At the conclusion of the hearing, the code
enforcement board or special magistrate shall
issue findings of fact, based on evidence of record
anI conclusions of law, and shall issue an order
affording the proper relief consistent with powers
granted herein and in Chapter 162, Part I,
Florida Statutes. The order shall be announced
orally at the hearing and shall be reduced to
writing and mailed by regular U.S. mail to the
alleged violator. The order may include a notice
that it must be complied with by a specified date
and that a fine may be imposed and, under the
conditions specified in section 2-63, the cost of
repairs may be included along with the fine if the
order is not complied with by said date. A
certified copy of such order may be recorded in
the public records of the county and shall
constitute notice to any subsequent purchasers,
successors in interest, or assigns if the violation
concerns real property, and the findings therein
shall be binding upon the violator and, if the
violation concerns real property, any subsequent
purchasers, successors in interest, or assigns. If
an order is entered by the code enforcement
board or special magistrate pursuant to this
subsection and the order is complied with by the
date specified in the order, the code enforcement
board or special magistrate shall issue an order
acknowledging compliance and if the original
order was recorded in the public records, the
order acknowledging compliance shall likewise
be recorded in the public records. A hearing is
not required to issue such an order acknowledg-
ing compliance with the original order.
(Ord. No. 2015-22, § 3, 10-26-15)
Sec. 2-63. Administrative fines; costs of
repairs; and filing of liens.
(a) The code enforcement board or special
magistrate, as applicable, upon notification by
the code enforcement officer that an order of the
special magistrate or code enforcement board
has not been complied with by the set time or,
upon finding that a repeat violation has been
committed, shall conduct a "Massey" compliance
hearing after notice of the hearing is provided to
the violator by the code enforcement officer. At
the compliance hearing, the violator will be
afforded an opportunity to be heard on the issue
Supp. No. 22 144.7
WINTER SPRINGS CODE
of whether the violator is in compliance with the
special magistrate's order, and upon a determina-
tion of non-compliance, the code enforcement
board or special magistrate shall order the viola-
tor to pay a fine in an amount specified in this
section for each day the violation continues past
the date set by the order for compliance. In
addition, if, pursuant to a finding by the code
enforcement board or special magistrate, the
violation is a violation described in Section 2-60(e),
the city may, at its discretion, make all reason-
able repairs that are required to bring the
property into compliance and charge against the
violator the cost of the repairs along with the
fine imposed pursuant to this section. An account-
ing of the cost of repairs will be presented to the
special magistrate for consideration in such cases.
..5 cpu
ing obligation on the part of the local governing
body to make further repairs or to maintain the
property and does not create any liability against
the city for any damages to the property if such
repairs were completed in good faith.
(b) A fine imposed pursuant to this section
shall not exceed p450.00 per day for a first
violation, and, shall not exceed $500.00 per day
for a repeat violation, and, in addition, may
include all costs of repairs pursuant to subsec-
tion (a). The fine for an uncorrectable violation
shall not exceed $5,000.00 per violation.
(c) In determining the amount of the fine, if
any, the code enforcement board or special
magistrate shall consider the following factors;
(1) The gravity of the violation;
(2) Any actions taken by the violator to
correct the violation; and
(3) Any previous violations committed by
the violator.
(d) A code enforcement board or special
magistrate may reduce a fine imposed pursuant
to this section before an order imposing a fine is
recorded in the public records.
(e) A certified copy of an order imposing a fine
may be recorded in the public records of the
county and thereafter shall constitute a lien
against the land on which the violation exists
and upon any other real or personal property
owned by the violator. Upon petition to the
circuit court, the order may be enforced in the
same manner as a court judgment by the sheriffs
of this state, including levy against the personal
property, but such order shall not be deemed to
be a court judgment except for enforcement
purposes. A fine imposed pursuant to this sec-
tion shall continue to accrue until the violator
comes into compliance or until judgment is
rendered pursuant to this section, whichever
occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the city
commission and the city manager may execute a
satisfaction or release of lien entered pursuant
to this section in accordance with the authority
granted to the city manager under section 2-63.1.
(f) After three months from the filing of any
such lien which remains unpaid, the special
magistrate may authorize the city attorney to
foreclose on the lien or to sue to recover a money
judgment for the amount of the lien plus any
accrued interest. No lien created pursuant to the
provisions of this section may be foreclosed on
real property which is a homestead under Sec-
tion 4, Article X of the State Constitution. The
money judgment provisions of this Section shall
not apply to real property or personal property
which is covered under Section 4(a), Article X of
the State Constitution.
(Ord. No. 2015-22, § 3, 10-26-15)
Sec. 2-64. Duration of lien.
No lien provided under the Local Government
Code Enforcement Boards Act shall continue for
a period longer than twenty (20) years after the
certified copy of an order imposing a fine has
been recorded, unless within that time an action
to foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose
on a lien, the prevailing party is entitled to
over all costs, including a reasonable attorney's
fee, that it incurs in the foreclosure. The city
shall be entitled to collect all costs incurred in
recording and satisfying a valid lien. The continu-
ation of the lien effected by the commencement
of the action shall not be good against creditors
or subsequent purchasers for valuable
consideration without notice, unless a notice of
lis pendens is recorded.
(Ord. No. 2015-22, § 3, 10-26-15)
Supp. No. 22 144.8
Sec. 2-65. Appeal of code enforcement board
or special magistrate's order.
An aggrieved party, including the city, may
appeal a final order of the code enforcement
board or special magistrate to the Circuit Court.
Such an appeal shall not be a hearing de novo,
but shall be limited to appellate review of the
record created before the code enforcement board
or special magistrate. An appeal shall be filed
within 30 calendar days of the issuance of the
order sought to be overturned. Failure to make
such appeal within the prescribed 30-day period
shall render the findings of the code enforcement
board or special magistrate conclusive, binding
and final.
(Ord. No. 2015-22, § 3, 10-26-15)
Sec. 2-65.1. Provisions are supplemental.
Nothing contained in this subdivision shall
prohibit the city from enforcing its Code by any
other means including, but not limited to, a
summons, an arrest, a notice to appear, civil
action for injunctive relief, a stop work order or
demolition. The enforcement procedures outlined
in this subdivision are cumulative to all others
and shall not be deemed to be prerequisites to
filing suit for the enforcement of any section of
this Code.
(Ord. No. 2015-22, § 3, 10-26-15)
Sec. 2-65.2. Additional enforcement powers.
In addition to the powers and authority given
to the code enforcement board or special
magistrate for the city pursuant to this subdivi-
sion, the city may, in its discretion, exercise any
powers given to municipalities or their code
enforcement board or special magistrate by
Chapter 162, Florida Statutes, as amended.
(Ord. No. 2015-22, § 3, 10-26-15)
Subdivision B. Citations
Sec. 2-66. Intent.
The City of Winter Springs hereby creates a
supplemental and additional method of enforc-
*Editor's
note —Section I of Ord. No. 547, adopted Nov.
22, 1993, provided for the addition of §§ 2-66-2-66k herein.
Said sections have been included herein as Subdiv. B,
§§ 2-66-2-69.8, at the editor's discretion.
ing its codes and ordinances by the issuance of
citations for violation of city codes or ordinances.
The provisions of this subdivision may be used
for the enforcement of any City Code or ordinance
or for the enforcement of all city codes and
ordinances unless prohibited by law.
(Ord. No. 547, § I(§ 2-66), 11-22-93)
Sec. 2-67. Definitions.
For purposes of this subdivision, the following
definitions shall apply:
City. The City of Winter Springs.
Code enforcement officer: Any employee or
agent of the City of Winter Springs who has been
designated by the city manager to enforce the
city's codes and ordinances.
(Ord. No. 547, § I(§ 2-66a), 11-22-93)
Sec. 2-68. Designation, qualifications and
training of code enforcement
officers.
The city manager is authorized to designate
certain employees or agents as code enforcement
officers. The training and qualifications of the
employees or agents designated as code enforce-
ment officers shall be determined by the city
manager. Designation as a code enforcement
officer does not provide the code enforcement
officer with the power to arrest or subject the
code enforcement officer to the provisions of
Sections 943.085 through 943.255 of the Florida
Statutes. Nothing in this subdivision amends,
alters, or contravenes the provisions of any
state -administered retirement system or any
state -supported retirement system established
by general law.
(Ord. No. 547, § I(§ 2-66b), 11-22-93)
Sec. 2-69. Authority of code enforcement
officers.
All designated code enforcement officers are
authorized to issue a citation to a person when
based upon personal investigation, the code
enforcement officer has reasonable cause to believe
Supp. No. 00 144.9
§ 2-69
that the person has committed a civil infraction
in violation of a city code or ordinance and that
the county court will hear the charge.
(Ord. No. 547, § I(§ 2-66c), 11-22-93)
Sec. 2-69.1. Citation procedure.
Prior to issuing a citation, a code enforcement
officer shall provide notice to the person that the
person has committed a violation of a code or
ordinance and shall establish a reasonable time
period within which the person must correct the
violation. Such time period shall be no more
than thirty (30) days. If, upon personal investiga-
tion, a code enforcement officer finds that a
person has not corrected the violation within the
time period, a code enforcement officer shall
issue n citation to the nerson whn has committer)
the violation. A code enforcement officer does
not have to provide the person with a reasonable
time period to correct the violation prior to
issuing a citation and shall immediately issue a
citation if the code enforcement officer has reason
to believe that the violation presents a serious
threat to the public health, safety, or welfare, or
if the violation is irreparable or irreversible.
(Ord. No. 547, § I(§ 2-66d), 11-22-93; Ord. No.
2015-22) § 4, 10-26-15)
Sec. 2-69.2. Delivery of warning notices and
citations.
A copy of warning notices and citations shall
be provided to the alleged violator by hand
delivery by the code enforcement officer. In the
absence of the alleged violator, the warning
notice or citation shall be delivered to the alleged
violator by leaving a copy of the warning notice
or citation at the alleged violator's usual place of
residence with any person residing therein who
is above fifteen (15) years of age and informing
such person of the contents of the warning notice
or citation or by registered or certified mail,
return receipt requested.
Whenever an alleged violator is required to do
some act within a prescribed period after a
warning notice or citation is delivered by mail,
three (3) days shall be added to the prescribed
period.
(Ord. No. 547, § I(§ 2-66e), 11-22-93)
co 2-69.3. Violation classification and civil
penalty.
(a) Violations of city codes or ordinances and
the applicable civil penalties shall be classified
as follows:
Violation Classification Civil Penalty
Class I $ 50.00
Class II 100.00
Class III 200.00
Class IV 300.00
City codes and ordinances subsequently enacted
or amended may set forth the applicable civil
penalty for violations by designating the appropri-
ate violation classification.
(hl Fi',ach vinlatinn of � niiv rnrin m nrrliri�nrn
in the schedule of violations in subsection (a)
herein is a separate civil infraction. Each day
such violation shall continue shall be deemed to
n costitute a separate civil infraction.
(c) Court costs in the amount of ten dollars
($10.00) per citation collected shall be retained
by the clerk of circuit court. The civil penalties
set forth above include said court costs.
(Ord. No. 547, § I(§ 2-6607 11-22-93)
Sec. 2-69.4. Schedule of violations.
(a) Violation of the following city codes or
ordinances is a civil infraction for which a cita-
tion may be issued:
Section Title Class
16-57 Illegal signs I
9-349 A. Handicap I
16-57 B. Ads I
16-57 C. Snipes I
16-56(b) D. R.O.W. I
16-53 E. Erected signs I
16-83 F. Garage sale I
Motor Vehicle Violations
12-66 For sale/repairs on
R.O.W. I
20-431 A. RV I
20-411 B. Boat and trailer I
20-411 C. Camper I
Supp. No. 00 144.10
Section Title
20-411 D. Work trailers
12-67 E. Parking between
lines
12-53 F. Abandon on
R.O.W.
12-65 G. Parking/standing
street
20-431(1)a—III. Prohibited
vehicles
20433 I. Disabled vehicles
13-2(b) Outdoor storage
13-2(b) A. Trash
13-2(b) B. Junk and debris
13-2(b) C. Equipment
strewn around yard
13-2(d) Stagnant pool
13-2(b) Tree trimmings and
yard trash
I3-2(c) Unsafe/unsanitary
9-374 House and building
numbers
13-26 Loud party
13-33 Loud music
13-34 Animal and bird
noises
10-137 No garage sale
permit
16-27(b) Illegal handbills
16-25 Handbills on autos
16-27(b) as periodicals
13-2 Littering R.O.W.
13-2(b) Littering private
property
7-26 Open burning
7-79 Obstruction of
hydrants
11-5 Use of air guns/
slingshot/etc. by a
minor
10-136 Soliciting
ADMINISTRATION
Class Section
I 4-1
E
E
I
I
I
I
I
I
A
I
I
0
I
I
I
I
I
I
I
4-2
Title
Animal control viola-
tions
A. Barking dog
B. Loose cat or dog
C. Animals defecat-
ing or urinating
D. Over two (2) cats
or two (2) dogs
E. Loose animals
F. All other animal
violations
§ 2-69A
Class
I
I
I
I
I
I
17-1 Hazards (obstruc-
tions) R.O.W. I
7-27 Fireworks and
explosives I
All second offenses of
class I II
6-46 No building permit II
10-26 No local business tax
receipt II
5-3 No arbor permit II
7-1 Spreading fire II
7-1 Failure to notify fire II
493 No meter backflow II
All second offenses of
class II III
Third offenses of
class I III
6-217 No pool enclosure III
Supp. No. 22 144.11
§ 2-69.4 WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 22 144.12
TREE PROTECTION AND PRESERVATION
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.
(8) To augment the city's 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; 2003-221 § 2,
10-13-03; Ord. No. 2011-16, § 2, 2-27-12; Ord,
No. 2015-22, § 5, 10-26-15)
Sec. 5-6. Permit application.
(a) Filing application and payment of fees. An
application for tree removal and land clearing
shall be filed on official forms provided by the
city's arborist. The applicant shall be required to
pay a fee as may be established by resolution of
the city commission, except that no fee shall be
required for the removal of trees that M 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
fifty (50) feet or less for undeveloped land
Supp. No. 02 015
WINTER SPRINGS CODE
or for developed single family residential
land, a sketch approximately one (1) inch
equals fifty (50) feet or less indicating:
a. Property boundaries.
b. The location of all individual trees
including the tree's common or
scientific name, and DBH of trees.
c. An indication of all trees proposed
for removal.
d. Within the primary tree protection
zone, a plan shall designate the
trees to be retained and those
proposed to be removed, relocated
or replaced. Those trees proposed
for removal, relocation or replace-
ment shall also be identified by
common or botanical name.
e. Within the secondary tree protec-
tion zone, a plan shall designate the
trees to be retained, and those
proposed to be removed.
statement shall immediately be
brought to the attention of the
city arborist at the time the
application is filed and
prominently attached to the
front of the application.
j. A protection plan describing how
preserved tree(s) shall be preserved
on the site and adjacent properties
during construction, tree removal,
and grading.
k. An aerial photograph showing the
boundaries of the subject property
and adjacent properties.
(2) Valid reasons for the removal of trees.
(3) The appropriate permit fees.
(b) Time for application. Applications for a
tree removal or land clearing permit shall be
made prior to removal or clearing; except that in
the following cases; application shall be filed
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 process. Each applica-
utilities, and other such improve- tion for a tree removal permit shall be
meats. 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 or other use requiring site plan approval
and size of any replacement tree(s), 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, a writ- 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
intended to be preserved. Said clearing permit at the time of application
Supp. No. 22 316
IIi:�D1��:��7111D[�IIN(�7►/\�i 7��DF.`IDI:#�I:VN[�7►i
for a building permit; the tree inventory
may be shown on the building permit
plot plan.
(c) Exempting portion of the tree survey. Upon
request, the city arborist may permit an applicant
to omit certain portions of the tree inventory
Supp. No. 22 316.1
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 22 316.2
TREE PROTECTION AND PRESERVATION
sistent with the comprehensive plan and shall be
by development agreement or other formal
approval.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03; Ord. No. 2011-16, § 2, 2-27-12)
Sec. 5-17. Remedial action.
(a) Violations require remedial action. Where
violations of this chapter have occurred, remedial
action shall be taken to restore the property
consistent with a restoration plan approved by
the city arborist or the city commission if the
violation is inconsistent with plans, permits, or
agreements approved by the city commission.
The restoration plan may require mitigation of
any other damage to the property, as well as tree
replacements.
(b) Tree replacement remediation require-
ments. Each tree destroyed or receiving major
damage during construction must be replaced by
either a comparable size and desirable type of
tree as listed within Appendix B or providing a
contribution to the tree bank equal to four (4)
times the contribution listed on Table 1. Tree
Replacement Standards [following section 5-91
or planting four (4) preferred plants listed within
Appendix B before issuance of a certificate of
occupancy or certificate of completion.
(c) Property owner to guarantee survival of
replaced trees. The property owner shall guarantee
the survival of the trees required to be placed
under subsection (b) above for a period of two (2)
years from the date the certificate of occupancy
or certificate of completion is issued, unless a
greater time period is required by development
agreement. If the replacement tree dies, the tree
shall be replaced in accordance with this section.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03; Ord. No. 2011-16, § 2, 2-2742)
Sec. 548. Enforcement; penalties.
(a) Erzfor•cemerzt. The city may enforce the
provisions of this chapter by any lawful means
including, but not limited to, issuing a civil
citation, bringing charges before the city's code
enforcement board or special magistrate, and
seeking injunctive and equitable relief For
purposes of determining the penalties provided
under this chapter, the removal or death of a tree
in violation of this chapter shall be deemed
irreparable or irreversible.
(b) Penalties. In addition to all other remedies
set forth in this chapter, one or more of the
following civil fines shall apply to violations of
this chapter:
(1) Failure to obtain a permit under section
5-4(a): Fine of two hundred fifty dollars
($250.00) per tree or five hundred dollars
($500.00) per specimen or historic tree
removed, not to exceed five thousand
dollars ($5,000.00).
(2) Removal of a tree without a permit: Fine
of fifty dollars ($50.00) per caliper inch,
not to exceed five thousand dollars
($5,000.00) per tree.
(3) Removal of a specimen or historic tree
without a permit: Fine of one hundred
dollars ($100.00) per caliper inch, not to
exceed five thousand dollars ($5,000.00)
per tree.
(4) Failure to abide by a cease and desist
order issued under this Chapter: Fine of
five hundred dollars ($500.00) per day.
(5) Failure to obtain a contractor's license
under• section 5-4(e): Fine of two hundred
fifty dollars ($250.00) (1st offense); five
hundred dollars ($500.00) (2nd and each
subsequent offense).
(6) Failure to abide by the requirements of
section 5-10 of this Chapter•: Fine of two
hundred fifty dollars ($250.00) per occur-
rence.
(7) Any other violation of this chapter•: Fine
as provided by law and this chapter.
(c) Civil fine determination. In determining
the amount of the civil fine under subsection (6)
above, the following factors shall be considered:
(1) The gravity of the violation.
(2) Any actions taken by the violator to
correct the violation.
(3) Any previous violations of this chapter
committed by the violator.
Supp. No. 99 325
WINTIJR SPRINGS CODE
(4) The number and size of the trees removed,
if any.
(5) The historical significance of any tree
removed if the tree was deemed historic.
(6) Whether the violation is irreparable or
irreversible in nature.
(7) The remedial actions offered by the viola-
tor to restore the property consistent
with this chapter.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03; Ord. No. 2015-22, § 6, 10-26-15)
Sec. 5-19. Authorization to adopt rules and
regulations and fees for
implementation.
The city commission is hereby authorized to
adopt, by resolution, such rules and regulations
and fees as are necessary or proper to implement
this chapter.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Supp. No. 22 326
Chapter 6
BUILDINGS AND BUILDING REGULATIONS*
Article I. In General
Sec. 6-1. Purpose.
Sec. 6-2. Compliance with chapter.
Sec. 6-3. Use of building erected or altered in violation of chapter.
Sec. 6-4. Violations.
Sec. 6-5. Authority of building official to stop work if contrary to public
welfare.
Sec. 6-6. Energy efficiency code adopted.
Secs. 6-7-6-30. Reserved,
Article II. Administration
Division 1. Generally
Sec. 6-31. Administrative amendments to Chapter 1 of the Florida Build-
ing Code.
Sec. 6-32. Administrative amendments to Chapter 2 of the Florida Build-
ing Code.
Sec. 6-33. Local wind speed design criteria.
Sec. 6-34. Adoption of Florida Building Code appendices.
Secs. 6-35-6-45. Reserved.
Division 2. Reserved
Secs. 6-46-6-80. Reserved.
Article III. Building Construction Standards
Sec. 6-81. Florida Building Code adopted.
Sec. 6-82. Reserved.
Sec. 6-83. Television dish antennas.
Sec. 6-84. Accessory buildings.
Sec. 6-85. Accessory dwelling units.
Sec. 6-86. Screen enclosures/rooms.
Sec. 6-87. Temporary storage structures.
Secs. 6-88-6-100. Reserved.
Article IV. Electrical, Plumbing, Mechanical and Gas
Sec. 6-101. Electrical, plumbing, mechanical and gas work.
Secs. 6-102-6-185. Reserved.
*Cross references —Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; beautification board,
§ 2-76 et seq.; annexations and rezonings, § 2-116 et seq.; arboreal standards of the City of Winter Springs, Ch. 5; regulations
regarding landscaping applicable to privately held property, § 5-3; fire prevention and protection, Ch. 7; fire code adopted, § 7-46
et seq.; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development,
Ch. 9; uniform building numbering system, § 9-370 et seq.; impact fees, § 9-386 et seq.; licenses and business regulations, Ch. 10;
nuisances, Ch. 13; fire and security alarms, § 13-51 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; signs and
advertising, Ch. 16; sign construction standards, § 16-76 et seq.; excavation standards and requirements, § 17-76 et seq.; utilities,
Ch. 19; zoning, Ch. 20.
State law reference —Building construction regulations, F.S. ch. 553.
Supp. No. 22 365
WINTER SPRINGS CODE
Article V. Fences, Walls, Hedges
Sec.
6-186.
Permit required.
Sec.
6-187.
Construction materials.
Sec.
6-188.
Exceptions to section 6-187.
Sec.
6-189.
When barbed wire permissible.
Sec.
6-190.
Height limitations generally.
Sec.
6-191.
Corner lots.
Sec.
6-192.
Utility easements.
Sec.
6-193.
Distance from property line.
Sec.
6-194.
Article provisions not controlling; exception.
Sec.
6-195.
Maintenance of fences or walls.
Secs.
6-196-6-209.
Reserved.
Article VI. Swimming Pools
Sec.
6-210.
Florida Building Code.
Sec.
6-211.
Definitions.
Sec.
6-212.
Application for permit; plans and specifications.
Sec.
6-213.
Inspections.
Sec.
6-214.
Contractor's qualifications.
Secs.
6-2iU-6-n8.
Reserved.
Sec.
6-219.
Yards.
Sec.
6-220.
Pool removal.
Sec.
6-221.
Reserved.
Sec.
6-222.
Nuisances.
:cc.
G-223.
Conllict %.IiLh dued ic`u ilctioiii.
Secs.
6-224-6-239.
Reserved.
Secs.
6-240-6-249.
Reserved.
Secs.
6-250-6-258.
Reserved.
Article VII. Citations; Unlicensed Contractors; Failure to Obtain
Building Permit
Sec.
6-270.
Intent and purpose.
Sec.
6-271.
Findings.
Sec.
6-272.
Citation authorized for construction contracting violations.
Sec.
6-273.
Citation form.
Sec.
6-274.
Penalty.
Sec.
6-275.
Refusal to sign citation.
Sec.
6-276.
Stop work.
Sec.
6-277.
Correction of violation; payment of penalty; notice of hearing.
Sec.
6-278.
Administrative hearings; accrual of penalties.
Sec.
6-279.
Appeals of code enforcement board or special magistrate deci-
sions.
Sec.
6-280.
Recording code enforcement board or special magistrate orders.
Sec.
6-281.
Notices.
Secs.
6-282-6-299.
Reserved.
Article VIII. International Property Maintenance Code
Sec. 6-300. International Property Maintenance Cade adopted.
Sec. 6-301. Supplemental; minimum standards.
Sec. 6-302, Preemption; Florida Building Code; Florida Fire and Life Safety
Code.
Supp. No. 22 366
BUILDINGS AND BUILDING REGULATIONS
and shall leave a copy of the citation with the
person if possible, or mail a copy to the person, if
possible, by registered or certified mail, return
receipt requested. Following such refusal to sign
and accept, the code enforcement officer shall
also contact the Winter Springs Police Depart-
ment to report such violation of this article and
Section 489.127(5)(m), Florida Statutes.
(Ord. No. 2001-02, § 1, 10-8-01)
Sec. 6-276. Stop work.
Any person who is issued a citation under this
article shall immediately cease the act for which
the citation was issued upon receipt of the
citation.
(Ord. No. 2001-02, § 1, 10-8-01)
Sec. 6-277. Correction of violation; pay-
ment of penalty; notice of hear-
ing.
Upon receipt of a citation, the person charged
with the violation shall elect either to:
(a) Correct the violation and pay to the city
the civil penalty in the manner indicated
on the citation; or
(b) Within ten (10) days of receipt of the
citation, exclusive of weekends and legal
holidays, request an administrative hear-
ing before the city's code enforcement
board or special magistrate to appeal the
issuance of the citation in accordance
with the procedures set forth in this
article. Any request for an administra-
tive hearing shall be made and delivered
in writing to the city manager by the
time set forth in this subsection. Failure
to request an administrative hearing in
writing within the ten-day time period
shall constitute a waiver of the violator's
right to an administrative hearing. A
waiver of said right shall be deemed an
admission of the violation, and penalties
shall be imposed as set forth on the
citation.
(Ord. No. 2001-02, § 1, 10-8-01; Ord. No. 2012-
15, § 2, 10-8-12; Ord. No. 2015-22, § 7, 10-26-15)
Supp. No. 22 395
§ 6-278
Sec. 6-278. Administrative hearings; accrual
of penalties.
(a) All administrative hearings held pursuant
to this article shall be conducted by the code
enforcement board or special magistrate in
accordance with the requirements of the Local
Government Code Enforcement Boards Act.
(b) During the administrative hearing, if the
violator demonstrates to the code enforcement
board or special magistrate that the violation is
invalid or that the violation has been corrected
prior to appearing before the code enforcement
board or special magistrate, the code enforce-
ment board or special magistrate may dismiss
the citation unless the violation is irreparable or
irreversible, in which case the code enforcement
board or special magistrate may order the viola-
tor to pay a civil penalty as set forth in subsec-
tion (c) below.
(c) During the administrative hearing, if the
code enforcement board or special magistrate
finds that a violation exists, the code enforce-
ment board or special magistrate may order the
violator to pay a civil penalty of not less than the
amount set forth on the citation but not more
than one thousand dollars ($1,000.00) per day
for each violation. In determining the amount of
the penalty, the code enforcement board or special
magistrate shall consider the following facts:
(1) The gravity of the violation.
(2) Any actions taken by the violator to
correct the violation.
(3) Any previous violations which were com-
mitted by the violator.
(d) During the administrative hearing, if the
code enforcement board or special magistrate
finds that the violator had not contested or paid
the civil penalty set forth in the citation within
the time required in this article, the code enforce-
ment board or special magistrate shall enter an
order ordering the violator to pay the civil
penalty set forth on the citation, and a hearing
shall not be necessary for the issuance of such
order.
WINTER SPRINGS CODE
(e) All civil penalties imposed by the code
enforcement board or special magistrate under
this article shall continue to accrue until the
violator comes into compliance or until a judge-
ment is rendered by a court to collect or foreclose
on a lien filed under this article, whichever
occurs first, regardless of whether or not the
order of the code enforcement board or special
magistrate sets forth this accrual requirement.
(Ord. No. 2001-02, § 1, 10-8-01; Ord, No. 2015-
22, § 7, 10-26-15)
Sec. 6-279. Appeals of code enforcement
board or special magistrate deci-
sions.
Any person aggrieved by a final administra-
tive order of the code enforcement board or
special magistrate pursuant to this article, includ-
ing the city commission, may appeal the order to
the circuit court in accordance with Section
on c F i "St tut i
4v9.127 � f' o�itia ��a�.ut,c;s, a� iiiay ue
amended or renumbered from time to time by
the Florida Legislature.
(Ord. No. 2001-02, § 1, 10-8-01; Ord, No. 2015-
22, § 7, 10-26-15)
Sec. 6-280. Recording code enforcement
board or special magistrate
orders.
A certified copy of an order of the code enforce-
ment board or special magistrate imposing a
civil penalty under this article may be recorded
in the public records and thereafter shall
constitute a lien against any real or personal
property owned by the violator. Such orders
shall be enforced in accordance with Florida law.
(Ord. No. 2001-02, § 1, 10-8-01; Ord. No. 2015-
22, § 7, 10-26-15)
Sec. 6-281. Notices.
All notices required by this article shall be
provided to the violator by certified mail, return
receipt requested; by hand delivery by a law
enforcement officer or code enforcement officer;
by leaving the notice at the violator's usual place
of residence with some person of his or her
Supp. No. 99 396
family above fifteen (15) years of age and inform-
ing such person of the contents of the notice; or
by including a hearing date within the citation.
(Ord. No. 2001-02, § 1, 10-8-01)
Secs. 6-282-6-299. Reserved.
ARTICLE VIII. INTERNATIONAL
PROPERTY MAINTENANCE CODE*
Sec. 6-300. International Property
Maintenance Code adopted.
The city hereby adopts in its entirety the 2006
International Property Maintenance Code, a copy
of which is attached hereto as Exhibit "A" (herein
a A-TTR "_a
tAi LGl i .1G1i GU U0 u0 "1Y1 G1111LG11CLL1ue VI/lLC �, GXi.CFI�
as amended as follows:
(a) Pursuant to section 101.1 of the
Maintenance Code:
The regulations shall be know as the
"Property Maintenance Code of the City
of Winter Springs."
(b) Section 101.3 of the Maintenance Code is
amended in its entirety to read as fol-
lows:
Application of other codes, repairs,
additions or alterations to structure, or
changes of occupancy, shall be done in
accordance with the procedures and provi-
sions of the Florida Building Code, Florida
Fire Prevention Code, Florida Life Safety
Code, and the City Code. It is not the
intent of the Maintenance Code to affect
any of the requirements in the City's
zoning code.
(c) Section 102.7 of the Maintenance Code is
deleted in its entirety.
(d) Section 103 is deleted in its entirety and
replaced with the following:
The "code official(s)" responsible for
enforcing the provisions of the
Maintenance Code shall be the city's
*Editor's note —Ord. No. 2012-15, § 2, adopted Oct. 8,
2012, renumbered former Art. XIII as Art. VIII.
BUILDINGS AND BUILDING REGULATIONS
§ 6-300
code enforcement officers and the city's Such liens, when delinquent for more
building official or such other person than thirty (30) days, may be foreclosed
deemed qualified by the city manager. by the city in the manner provided by
(e) Section 106 is deleted in its entirety and law for the foreclosure of mortgages.
replaced with the following: (f) Section 109.5 is deleted in its entirety
and shall read as follows:
(1) It shall be unlawful for any person,
corporation, or other entity to be in viola- The city manager is authorized to
tion of any provision of this Maintenance expend funds in the performance of
Code. Violations shall constitute a public emergency repairs under this section. If
nuisance and shall be deemed a strict emergency repairs are performed by the
liability offense. city, any expenses incurred by the city to
make said repairs including, but not
(2) Violations of the Maintenance Code shall limited to, contractor and material costs,
be prosecuted by the city by any lawful administrative overhead, attorneys fees,
means available including, but not limited and other related costs shall be assessed
to, actions before the code enforcement by lien against the property on which the
board or special magistrate, civil code emergency repairs occurred. Such assess -
enforcement citation, and by an ment liens shall be prior to all other liens
independent action before a court of law. on such property except the lien of state,
Penalties and additional city remedies county, and municipal taxes and shall be
for violations hereof shall be as provided in parity with the lien of such state,
under section 1-15 of the city code. For county and municipal taxes. Such liens,
purposes of a civil citation, each violation when delinquent for more than 30 days,
shall constitute a class IV violation. may be foreclosed by the city in the
(3) In the event that a person fails to comply manner provided by law for the foreclosure
with a notice of violation issued by a code of mortgages.
official or order rendered by the code (g) Section 111 is amended is as follows:
enforcement board or special magistrate, (1) The code enforcement board shall
the city manager is hereby authorized to serve as the board of appeals under
take lawful steps including, but not limited the Maintenance Code.
to, instituting an appropriate proceeding
at law or in equity to restrain, correct, or (2) Section 111.1 is deleted in its entirety
abate such violation, or to require removal and shall read as follows:
or termination of the unlawful occupancy Any person directly affected by an
of the building in violation of this administrative decision of the code
Maintenance Code. If the city causes the official shall have the right to appeal
conditions constituting the violation to to the board of appeals an interpreta-
be immediately remedied, any expenses tion or application of the
incurred by the city to remedy the viola- Maintenance Code by filing a notice
tion including, but not limited to, contrac- of appeal with the code official within
for and material costs, administrative twenty (20) days of said interpreta-
overhead, attorneys fees, and other related tion or application. However, once a
costs shall be assessed by lien against code official or the city has initiated
the property on which the violation occurs. enforcement proceedings under the
Such assessment liens shall be prior to Maintenance Code, a person is
all other liens on such property except barred from bringing an appeal
the lien of state, county, and municipal under this section related to the
taxes and shall be in parity with the lien interpretation or application of any
of such state, county and municipal taxes. provision of the Maintenance Code
Supp. No. 99 397
WINTI;n SPRINGS CODE
which is the subject matter of the
enforcement proceeding until such
time the enforcement proceeding has
been concluded through all appeals.
(3) Sections 111.2 through 111.7 are
deleted in their entirety.
(4) Section 111.7 shall read as follows:
Any person aggrieved by a final
decision of the code enforcement
board serving as the board of appeals
under this section shall have the
right to appeal said decision to a
court of competent jurisdiction.
(h) Section 201.3 is deleted in its entirety
and shall read as follows:
Where terms are not defined in this
code and are defined in the Florida Build-
ing Code or Florida Fire and Life Safety
Code, such terms shall have the mean-
ings ascribed to them as stated in those
codes.
(i) The first
sentence
of
Section 302.4 is
amended
to insert "ten
(10) inches."
(j) Section 304.14 is amended to delete the
preface in the first sentence, "During the
period from [DATE] to [DATE],".
(k) Section 602.3 and 602.4 are amended to
add a date range of "October 15 to April
30."
(1) Chapter 7 is amended to substitute all
references to the "International Fire Code"
with the reference to the "Florida Fire
Prevention Code." In additional, all refer-
ences to the "International Building Code"
shall be substituted with the reference to
the "Florida Building Code."
(m) Chapter 8 is deleted in its entirety.
(Ord. No. 2008-07, § 2, 4-14-08; Ord. No. 2010-
09, § 2, 4-26-10; Ord. No. 2015-22, § 8, 10-26-15)
Sec. 6-301. Supplemental; minimum
standards.
The Maintenance Code shall be deemed
supplemental, and in addition to, any other city
code. However, to the extent that a conflict exists
between the Maintenance Code, and any other
city code, the conflicting provision that most
protects life and property shall apply. In addi-
tion, with respect to any conflicting enforcement
procedures set forth in the city code, said enforce-
ment procedures shall not be deemed conflicting,
but rather alternative methods to enforce the
applicable city codes.
(Ord. No. 2008-07, § 2, 444-08)
Sec. 6-302. Preemption; Florida Building
Code; Florida Fire and Life
Safety Code.
To the extent that any provision of the Florida
Building Code and Florida Fire Prevention Code
conflicts with and preempts any provision of the
Maintenance Code, the Maintenance Code provi-
sion which is conflicting and preempted shall not
apply.
(Ord. No. 2008-07, § 2, 4-14-08)
[The next page is 433)
Supp. No. 22 398
FIRE PREVENTION AND PROTECTION
ARTICLE I. FIRE AND EMERGENCY
MEDICAL SERVICES*
Sec. 7-1. Inclusion in Seminole County's fire
and emergency services MSTU.
The City of Winter Springs hereby consents to
the inclusion of the City of Winter Springs in
Seminole County's Fire and Emergency Medical
Services Municipal Services Taxing Unit
("MSTU"), pursuant to the terms and conditions
agreed to between the city and county in the
agreement for fire and emergency medical services,
effective October 2, 2008, as maybe amended
fi•om time to time. The city further consents to
any ad valorem tax levy on real and tangible
personal property within the City of Winter
Springs by Seminole County, for the services
provided by said MSTU, in an amount not to
exceed three (3) mills annually.
(Ord. No. 2008-15, § 2, 9-22-08)
Secs. 7-6-7-25. Reserved.
ARTICLE II. IN GENERAL
Sec. 7-26. Regulation of open-air burning.
(a) No person shall burn outdoors within the
city limits, except in an incinerator, any solid
waste in the form of trash, paper, grass clippings,
leaves, underbrush, felled trees, or other
combustible vegetable material without the
express permission of the fire department regard-
ing the location, size and duration of each burn-
ing, nor without constant supervision of each
burning until the last spark of fire is extinguished.
(b) Under no circumstances shall any person
burn any food waste whatsoever at any time
within the city limits.
(c) In the event of a disaster sufficient to
preclude commercial collection of solid waste or
any cessation of such service, the public shall
gather solid waste, excluding food waste, in the
*Editor's note —Ord. No. 2008-15, § 2, adopted Sept. 22,
2008, amended former Art. I, §§ 7-1-7-5, in its entirety to
read as herein set out. Former Art. pertained to the fire
department and derived from Ord. No. 514, § 1, adopted Feb.
24, 1992,
usual manor for pickup at curbside by city owned
or city hired vehicles, to be burned under the
supervision of the fire department at sites
designated by the disaster management coordina-
tor. During such emergency situations, the public
shall bury all food waste, and such food waste
shall not be burned by the public nor deposited
with other solid waste for collection.
(d) For major land clearing operations, a burn-
ing permit shall be obtained from the fire depart-
ment, providing that all rules and regulations of
such burning comply with both the Florida Divi-
sion of Forestry and the Department of
Environmental Regulations. The burn site shall
be inspected by the fire department prior to the
issuing of any permit. A fee will be charged for
such permits in accordance with the fee schedule
adopted by resolution of the city commission.
Said permit may remain in force for a period not
to exceed thirty (30) calendar days. Burn permits
may be revoked at any time for just cause and
the fee forfeited. Should fire department services
be required to extinguish a permitted burn due
to negligence or other failure on the part of the
permittee(s), a fine of one hundred dollars
($100.00) shall be levied against the responsible
permittee(s).
(Ord. No. 514, § 1, 2-24-92)
Sec. 7-27. Regulation of explosives.
(a) No person(s) shall discharge or detonate,
nor allow the discharge or detonation of any
illegal fireworks, as defined by Section 791-01,
Florida Statutes, dynamite or any other explosive
at any time within the city limits without the
express permission of both the fire and police
departments.
(b) Permitted public fireworks displays handled
by licensed pyrotechnical businesses are excluded,
subject to their obtaining proper permits and
inspections by the office of the fire marshal.
(Ord. No. 514, § 1, 2-24-92; Ord, No. 2015-07,
§ 2, 1-26-15)
Sec. 7-28. False alarms prohibited.
It shall be unlawful for any person, either
intentionally or without reasonable cause to
sound a false alarm of fire or hazard from an
Supp. No. 02 435
WINTER SPRINGS CODE
explosive or incendiary device, by rousing public
alert by calling or shouting or other audible or
visible method, telephoning, setting off a fire
alarm box or electronic signal, failure to repair
faulty alarm equipment which activates without
adequate need, or by any other method creating
a misleading impression of the existence of pres-
ent or impeding danger from fire, explosion or
bomb.
(Ord. No. 514, § 1, 2-24-92)
Cross reference —Buildings and building regulations,
Ch. 6.
State law reference —False alarms, F.S. § 806,101,
Secs. 7-29-7-45. Reserved.
PREVENTIONTHE FL RI AFIRE,
CODE*
Sec. 7-46. Procedure for local amendments
to the Florida Fire Prevention
Code.
In accordance with Chapter 633, Florida
Statutes, following public hearing regarding the
need to strengthen the requirements of the
minimum fire safety code the city commission
may adopt by ordinance a local amendments to
the Florida Fire Prevention Code, provided such
amendment provides a higher level of protection
to the public than the level specified in the
Florida Fire Prevention Code and that such
additional requirements will not be discrimina-
tory as to materials, products, or construction
techniques.
(Ord. No. 2001-54, § 3, 12-10-01)
Secs. 7-47-7-49. Reserved.
Sec. 7-50. Appeal.
(a) Any substantially affected party may test
the validity of the a local amendment by filing a
motion for reconsideration, within thirty (30)
*Editor's note —Ord. No. 2001-54, §§ 2, 3, adopted
December 10, 2001, amended former Art. III, §§ 7-46-7-56,
in its entirety to read as herein set out. Former Art. III
pertained to the fire prevention code and derived from Ord.
No. 514, § 1, 2-24-92; Ord, No. 579, § 1, 3-13-95.
Supp. No. 00 436
days of the effective date of the ordinance,
challenging the city's compliance with require-
ments of Chapter 633, Florida Statutes.
(b) The motion for reconsideration shall be
filed with the city clerk, and heard by the city
commission within forty-five (45) days from the
date of filing.
(c) The burden of proof is upon the challeng-
ing party to demonstrate that the enactment of
the local amendment was not in compliance with
Chapter 633, Florida Statutes.
(d) Should the city commission determine that
the challenged amendment was not adopted in
compliance with Chapter 633, the amendment
an be unenforceable until such compliance is
met. If the city commission determines that the
challenged amendment was adopted in compli-
ance with Chapter 633, the challenger may
oppo;;l fiiAber to the Dcportmcnt, of Tncur^nc,^.,
however, the local amendment will continue to
be enforceable during the appeal process.
(Ord. No. 2001-54, § 3, 12-10-01)
Secs. 7-51 —7-53. Reserved.
Sec. 7-54. Impact fee credits.
The following occupancies shall receive a fire
impact fee credit for the installation of a fire
suppression system installed in accordance with
N.F.P.A. 13, MR, 13D and S.F.M. 4A45, and as
provided in section 7-60 below:
(1) New occupancy construction which is
regulated by the state uniform fire preven-
tion code shall receive a five -cent ($0.05)
per square foot credit on the fire public
safety facilities impact fee.
(2) New single-family detached dwelling units
shall receive a full credit for the fire
public safety facilities impact fee.
(Ord. No. 2001-54, § 3, 12-10-01)
Secs. 7-55 —7-59. Reserved.
Sec. 7-60. Automatic fire sprinkler systems.
(a) Automatic fire sprinkler systems shall be
required as follows:
(1) Throughout all buildings used for com-
mercial purposes, including but not limited
to offices, mercantile stores, restaurants,
manufacturing, industrial or storage, if
the total square footage is three thousand
five hundred (3,500) square feet or more
regardless of type of construction.
(2) Throughout all hotels, motels,
condominiums, apartment buildings, or
dormitories, regardless of size or type of
construction.
(3) Throughout all hospitals, nursing homes,
adult congregate living facilities or other
medical facilities, regardless of size or
type of construction.
(4) Throughout all Group "H" hazardous
occupancies, regardless of size or type of
construction, except where the applica-
tion of water might constitute a life
safety hazard or increase the severity of
the fire.
(5) Throughout all educational facilities
regardless of size or type of construction.
(b) Automatic fire sprinkler systems shall be
installed to the specifications of NFPA 13,
Standard for the installation of sprinkler systems,
most recent edition adopted by the State of
Florida, NFPA 13D, Standard for the installa-
tion of sprinkler systems in one -and two-family
dwellings and manufactured homes, most recent
edition adopted by the State of Florida, and
NFPA 13R, Standard for the installation of
sprinkler systems in residential occupancies up
to and including four (4) stories in height, most
recent edition adopted by the State of Florida.
(c) All buildings equipped with automatic
sprinkler systems as required by subsection (b)
above, shall be required to have such systems
monitored by a central station monitoring
company installed to the specifications of NFPA
72, National Fire Alarm Code, most recent edi-
tion adopted by the State of Florida.
(d) All automatic fire sprinkler systems as
required by subsection (b) above, shall be required
to have such systems inspected, tested and
maintained to the specifications of NFPA 25,
Standard for the inspection, maintenance and
testing of water based fire protection systems,
most recent edition adopted by the State of
Florida. A copy of each inspection report shall be
furnished to the fire marshal's office.
(e) All automatic fire sprinkler systems shall
be installed by a licensed fire protection system
contractor, pursuant to Florida Statute 633.521,
and Florida State Fire Marshal Rule 4A-46.
(f) If an automatic fire sprinkler system is
required to be shut off for any reason, the fire
department shall be notified when it is shut off
and when it is returned to service.
(Ord. No. 2001-54, § 3, 12-10-01)
Secs. 7-61-7-75. Reserved.
ARTICLE IV. FIRE HYDRANTS*
Sec. 7-76. Required.
Fire hydrants shall be installed to serve all
developments as prescribed in this article.
(Ord. No. 514, § 1, 2-24-92)
Sec. 7-77. Responsibility for provision and
maintenance.
(a) All land development shall include provi-
sion for fire hydrants at the time of development
as set forth in section 9-261. Fire hydrants shall
be furnished and installed entirely at the expense
of the developers.
(b) The utility servicing fire hydrants with
water shall be responsible to maintain and replace
as necessary all service mains and connections to
the bases of the hydrants.
*Cross references —Buildings and building regulations,
Ch. 6, plumbing, 6-126 et seq.; flood damage prevention, Ch.
8; land development, Ch. 9; motor vehicles and traffic, Ch.
12; planning, Ch. 15; streets, sidewalks and other public
places, Ch. 17; utilities, Ch. 19; and zoning, Ch. 20,
Supp. No. 22 437
WINTER SPRINGS CODE
(c) The city shall assume ownership and
maintenance of only the fire hydrant itself, at
the time and in the manner specified below:
(1) Hydrants on public streets will be accepted
by the city simultaneously with acceptance
of the public improvements in the right-
of-way involved, after inspection and
approval of the fire chief.
(2) Hydrants on private streets will be
accepted by the city after final inspection
and approval of the improvements to be
Supp. No. 22 438
Supp. No. 22
LAND DEVELOPMENT
Division 2. Streets and Bridges
Sec. 9-201. Standards for roadway base materials.
Sec. 9-202. Standards for the surfacing of streets.
Sec. 9-203. Street markers.
Sec. 9-204. Streetlights and traffic signs.
Sec. 9-205. Bridges.
Sec. 9-206. Right -turn deceleration lanes.
Secs. 9-207-9-220. Reserved.
Division 3. Sidewalks, Driveways, Curbs and Gutters
Sec. 9-221. Sidewalks.
Sec. 9-222. Driveways.
Sec. 9-223. Curbs, gutters, easements.
Secs. 9-224-9-240. Reserved.
Division 4. Drainage
Sec. 9-241. Stormwater management.
Sec. 9-242. Drainage facilities.
Secs. 9-243-9-260. Reserved.
Division 5. Utilities
Sec. 9-261. Requirements for water and sewer• systems.
Secs. 9-262-9-275. Reserved.
Division 6. Off -Street Parking and Loading
Sec. 9-276. Definitions.
Sec. 9-277. Off-street parking requirements.
Sec. 9-278. General provisions for off-street parking.
Sec. 9-279. Off-street parking of commercial vehicles.
Division 7. Dumpsters
Sec. 9-280. Definitions.
Sec. 9-281. Minimum screening requirements.
Secs. 9-282-9-295. Reserved,
Article V. Design Standards
Sec.
9-296.
Typical street sections.
Sec.
9-297.
Valley gutters.
Sec.
9-298.
Naming streets.
Sec.
9-299.
Driveway entrances.
Sec.
9-300.
Curb inlets.
Sec.
9-301.
Alternate curb sections.
Secs.
9-302-9-325.
Reserved,
Article VI. Site Plan Review
Division 1. Generally
Secs. 9-326-9-340. Reserved.
557
WINTER SPRINGS CODE
Division 2. Site Plan Review Board
Sec.
9-341.
Creation.
Sec.
9-342.
Purpose; composition.
Sec.
9-343.
Clerical support and records.
Sec.
9-344.
Meetings.
Sec.
9-345.
Procedures, regulations and fees.
Sec.
9-346.
Prohibitions.
Sec.
9-347.
Duties.
Sec.
9-348.
Appeals.
Sec.
9-349.
Penalty for violation.
Secs.
9-350-9-369.
Reserved.
Article VII. Uniform Building Numbering System
Sec. 9-370. Definitions.
Sec. 9-371. Purpose.
Sec. 9-372. Establishment of system.
Sec. 9-373. Administration and assignment of numbers.
Sec. 9-374. Posting of numbers.
Sec. 9-375. Reserved.
Sec. 9-376. Code enforcement speciai magistrate authority.
Secs. 9-377-9-380. Reserved.
Article VIII. Impact Fees
Division 1. Generally
Secs. 9-381-9-385. Reserved.
Division 2. Transportation Facilities
Sec.
9-386.
Transportation impact fees.
Sec.
386.1.
Short title, authority and applicability.
Sec.
9-386.2.
Intent and purpose.
Sec.
9-386.3.
Rules of construction.
Sec.
9-386.4.
Definitions.
Sec.
9-386.5.
Limitations on issuance of building permits.
Sec.
9-386.6.
Determination of road impact fees.
Sec.
9-386.7.
Road impact fee rate schedule.
Sec.
9-386.8.
Independent impact fee calculation.
Sec.
9-386.9.
Presumption of maximum impact.
Sec.
9-386.10.
Impact agreement.
Sec.
9-386.11.
Credits.
Sec.
9-386.12.
Vested rights.
Sec.
9-386.13.
Site -related road improvements.
Sec.
9-386.14.
Exemptions.
Sec.
9-386.15.
Establishment of a trust fund.
Sec.
9-386.16.
Collection of road impact fee assessment.
Sec.
9-386.17.
Use of funds collected.
Sec.
9-386.18,
Return of funds.
Sec.
9-386.19.
Review.
Sec.
9-386.20.
Penalty.
Sec.
9-386.21.
Appeals of impact fee determinations.
Secs.
9-387-9-390.
Reserved.
Division 3. Police, Fire, and Parks and Recreation
Sec. 9-391. Generally.
Supp. No. 22 558
LAND DEVELOPMENT
anee shall not be granted a it has the effect of
nullifying the intent and purpose of this chapter.
(b) A written application for such variance
must be submitted demonstrating that special
conditions exist which are peculiar to the lands,
structures or required subdivision improve-
ments involved and which are not applicable to
other lands, structures or required subdivision
improvements. Application shall be accompanied
by the fee for a variance as specified in the fee
schedule currently in effect.
(c) Before any variance shall be granted, a
public hearing on the proposed variance shall be
held by the city commission. Notice of such
public hearing shall be published fifteen (15)
days prior to the hearing in a newspaper of
general circulation in the county. Such notice
shall also be posted fifteen (15) days prior to the
hearing in three (3) separate places in the city,
and be mailed to all persons who are record
owners of property within one hundred fifty
(150) feet of the subject property.
(d) The city commission shall make findings
that the requirements of each portion %J this
section have been met. The city commission
shall further make a finding that the reasons set
forth in the application justify granting of the
variance and that the variance is the minimum
variance that would make possible the reason-
able use of the lands, buildings or other improve-
ments.
(e) The city commission shall make a further
finding that the granting of the variance would
be in harmony with the general purpose and
intent of this chapter and will not be injurious to
the surrounding territory or otherwise detrimental
to the public welfare.
(f) In granting any variance, the city commis-
sion may prescribe appropriate conditions and
safeguards, to such variance, and when made a
part of the terms which the variance is granted a
violation of any term or condition shall be deemed
a violation of this chapter and shall be punish-
able as such.
(Code 1974, § 14-4; Ord. No. 2010-09, § 2,
4-26-10)
Sec. 9-6. Appeals from granting of vari-
ances.
Any interested party aggrieved by a variance
decision by the city commission may appeal the
decision to a court of competent jurisdiction.
(Code 1974, § 14-5; Ord. No. 2010-09, § 2,
4-26-10)
Sec. 9-7. Enforcement and penalties.
(a) The city commission or any aggrieved
person may have recourse to such remedies in
law and equity as may be necessary to ensure
compliance with the provisions of this chapter,
including injunctive relief, to enjoin and restrain
any person from violating the provisions of this
chapter and any rules and regulations adopted
under this chapter, and the court may, upon
of of the violation of this chapter, issue such
temporary and permanent injunctions as are
necessary to prevent the violation of this chapter.
(b) Any person violating or failing to comply
with the terms and provisions specified herein,
shall be punished, upon conviction and at the
discretion of the court, by a fine not to exceed
five hundred dollars ($500.00) or by imprison-
ment not exceeding sixty (60) days, or by both
fine and imprisonment. Each day that a viola-
tion is permitted to exist shall constitute a
separate offense.
(Code 1974, § 14-6; Ord. No. 2010-09, § 2,
4-26-10)
Sec. 9-8. Soil, rock, etc., removal.
(a) It shall be unlawful for any person to
remove from any real property within the city
any soil, subsoil, rock, or sand without approval
as provided herein. Prior to such removal such
person shall file with the city manager an applica-
tion which shall include a written consent of the
owner for such removal. The city manager shall
present the application to the city commission
for its approval. If the commission approves the
application, the mayor shall issue a written
permit for such removal.
(b) Unless such removal becomes a public
nuisance or endangers the public health, safety
or welfare, no permit would be necessary other
Supp. No. 22 563
§ 9-6
WINTER SPRINGS CODI;
than a building permit for the removal which
would be incident to the preparation of single-
family homes or auxiliary structures such as
patios, swimming pools or driveways.
(Code 1974, § 9-5)
Sec. 9-9. Replatting.
Originally platted lots or parcels may be
replatted in accordance with the platting provi-
sions of Chapter 177, Florida Statutes and this
chapter.
(Ord. No. 2005-23, § 2, 9-12-05)
Sec. 9-10. General criteria for approval.
Before any plat replat or lot split application
is approved by the city commission under this
chapter, the applicant must demonstrate, and
the city commission must find, that the proposed
plat, replat or lot split meets the following
criteria:
(a) The application is in compliance with the
provisions of this chapter and applicable
law.
(b) The application is consistent with the
city's comprehensive plan and applicable
city master plans.
(c) The application is compatible and in
harmony with the surrounding neighbor-
hood including with respect to the size of
existing surrounding lots and develop-
ment trends in the neighborhood which
have been previously approved by the
city commission.
(d) The application does not create any lots,
tracts of land or developments that do
not conform to the City Code.
(e) The application does not create burden-
some congestion on the streets and
highways.
(f) The application promotes the orderly
layout and use of land.
(g) The application provides for adequate
light and air.
(h) The application does not create overcrowd-
ing of land.
(i) The application does not pose any
significant harm to the adequate and
economical provision of water, sewer, and
other public services.
(j) The application provides for proper ingress
and egress through a public or approved
private street or perpetual cross access
easements.
(Ord. No. 2005-23, § 2, 9-12-05; Ord. No. 2006-
11, § 2, 9-11-06; Ord. No. 2015-20, § 2, 10-26-15)
Sec. 9-11. Lot splits.
The city commission may by resolution at a
public hearing grant waivers from the platting
requirements of this chapter for divisions of land
that constitute a lot split:
la) r'or purposes of this section, the term "lot
split" shall mean a division of a tract of
land or lot that will result in the creation
of exactly one (1) additional lot or tract of
land provided the following conditions
are met:
(1) The lot or tract of land to be split is
a previously platted lot or legal
description of record.
(2) Each lot or tract of land created
hereunder shall abut a public or
approved private street, unless
perpetual cross -access easements al-
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(14-17.1-14-17A), 6-13-88;
Ord. No. 2001-43, § 1, 7-23-01)
Sec. 9-374. Posting of numbers.
Each building in the corporate limits of the
city shall have its assigned bung 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.
§ 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.
2015-2% § 9, 10-26-15)
Cross reference —Code enforcement board power, § 2-
61.
Secs. 9-377-9-380. Reserved.
ARTICLE VIII. IMPACT FEES
DIVISION 1. GENERALLY
Secs. 9-381-9-385. Reserved.
Supp. No. 22 607
WINTER SPRINGS CODE
DIVISION 2. TRANSPORTATION
FACILITIES*
Sec. 9-386. Transportation impact fees.
[Transportation impact fee provisions are set
out in this division as sections 9-386.1 through
9-386.21.]
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 Chapter" [division] .
(b) The planning for new and expanded roads
needed to serve new growth and development
that generate additional traffic and the
implementation of these plans through the
comprehensive planning process are the
163, Florida Statutes, Section 163.3161 et seq.,
Florida Statutes as amended by Chapter 85-55,
Laws of Florida, Chapter 166, Florida Statutes,
various special acts relating to the power of the
City of Winter Springs undertaking zoning, plan-
ning and development 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)
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 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.
(b) The implementation of a regulatory
program that requires new development to pay a
"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
in, 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 the
growth management plan, and Florida case and
statutory law and to romilata gw
roth and develon-
ment so as to require growth and development to
share in the burdens of growth by paying its pro
rata share for the reasonably anticipated costs of
needed municipal collector roadway improve-
ments.
(d) It is not the purpose of this division to
collect fees from growth and development in
excess of the cost of the reasonably anticipated
improvements to the municipal collector road
network and needed to serve the new growth
development. It is specifically acknowledged that
this division has approached the problem of
determining the road impact fee in a conserva-
tive and reasonable manner.
(e) The technical data, findings and conclu-
sions herein are based on the Comprehensive
Plan of the City of Winter Springs and in part on
the following studies and reports which are
hereby adopted (by reference):
(1) Trip Generation, ITE (7th Edition);
(2) Orlando Urban Area Transportation Stud-
ies;
(3) Special Report 209, Highway Capacity
Manual, Transportation Research Board,
1985;
(4) Generalized Daily Level of Service
Maximum Volumes for Florida's Urban/
Urbanized (5000+) Areas, FDOT 2002;
Supp. No. 22 608
LAND DEVELOPMENT
(5) Cost per Lane Mile -City of Winter Springs
Transportation Impact Fee Update, 2005;
(6) Existing Traffic Circulation Analysis, City
of Winter Springs Study, September, 1989,
Tipton Associates Incorporated and Left-
wich Consulting Engineers, Inc.;
(7) Future Traffic Circulation Analysis, City
of Winter Springs Study, December, 1991,
Tipton Associates, Inc. and Leftwich
Consulting Engineers, Inc.
(8) Input Data for Seminole and Volusia
Counties for Calculating Transportation
Impact Fees for Convenience Stores,
August, 1989, Tipton Associates
Incorporated.
(9) City of Winter Springs Transportation
Study, August 1997; Supplement No. 1
December 1999; Supplement No. 2, Febru-
ary 2001; Supplement No. 3, February
2005.
(10) City of Winter Springs Transportation
Impact Fee Update, September 1997;
Update, December 1999; Update, Febru-
ary 2005.
(Ord. No. 512, § 1, 12-9-91; Ord. No. 2005-10,
§ 2, 3-14-05)
Sec. 9-386.3. Rules of construction.
For the purpose of administration and enforce-
ment of this division, unless otherwise stated,
the following rules of construction shall apply:
(a) In case of any difference of meaning or
implication between the text of this
sion and any caption, illustration, sum-
mary table or illustrative table, the text
shall control.
(b) The word "shall" is always mandatory
and not discretionary; the word "may" is
permissive.
(c) Words used in the present tense shall
include the future, and words used in the
singular number shall include the plural
and the plural the singular, unless the
context clearly indicates the contrary.
§ 9-386.4
(d) The word "person" includes an individual,
a corporation, a partnership, an
incorporated association, or any other
similar entity.
(e) Unless the context clearly indicates the
contrary, where a regulation involves two
(2) or more items, conditions, provisions,
or events connected by the conjunction
"and", "or" or "either ... or," the conjunc-
tion shall be interpreted as follows:
(1) "And" indicates that all the con-
nected terms, conditions, provisions
or events shall apply.
(2) "Or" indicates that the connected
items, conditions, provisions or
events may apply singly or in any
combination.
(3) "Either . or" indicates that the
connected items, conditions, provi-
sions or events shall apply singly
but not in combination.
(f) The word "includes" shall not limit a
term to the specific example but is
intended to extend its meaning to all
other instances or circumstances of like
kind or character.
(Ord. No. 512, § 1, 12-9-91)
Sec. 9-386.4. Definitions.
For the purpose of this division, the following
words and terms shall have the meaning ascribed
thereto:
Access improvement: Road improvements neces-
sary to provide safe and adequate ingress and
egress and for efficient traffic operations. Access
improvements include but are not limited to the
following:
(1) Right -of --way and easements;
(2) Left and right turn lanes;
(3) Acceleration and deceleration lanes;
(4) Traffic control devices, signage, and mark-
ings; and
(5) Drainage and utilities.
Accessoz y building, structure or use: A detached,
subordinate building, structure or use, the use of
Supp. No. 22 609
§ 9-386.4
WINTER SPRINGS CODE
which is clearly incidental to and serves the
principal building or use of the land and which is
located on the same lot as that of the principal
building or use.
Applicant: Any person who applies fora build-
ing permit or certificate of occupancy.
Arterial roads: A classification of roads which
primarily functions to accommodate the move-
ment of relatively large traffic volumes for
relatively long distances at relatively high speeds.
Land access, when provided, is subservient to
the movement function. This classification
includes all roads which function above the level
of a major collector road.
Average trip length: The average length in
miles of trips for each major land use category as
determined from the Orlando Urban Area
Transportation Study and adjusted to reflect the
travel characteristics in the Orlando GMP Study
Arco ond�pcciol tudicsfor p<^ffti.ctl2 landtj,^,e,
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. For the
purpose of this division, the capacity of a typical
new lane shall mean seven thousand four hundred
(7,400) vehicles per day per through lane at level
of service "D".
Capacity per lane mile: The product of the
capacity per lane times one (1) lane mile. For the
purpose of this division, the capacity per lane
mile of a typical new lane shall mean seven
thousand four hundred (7,400) vehicles per day
per through lane per mile at level of service "D".
Captured traffic:
c.
by-traffi
Diverted traffic plus passer-
Supp. No. 99 610
Collector roads: Intermediate classifications
of roads which provide both land access and
movement service for medium length trips. Major
collector roads function at relatively moderate
speeds and connect municipal collector roads to
arterial roads. Municipal collector roads func-
tion at relatively low speeds and connect local
streets to major collector or arterial roads.
Development permit. Includes any building
permit, conditional use, zoning approval, subdivi-
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
o«rorchip ut the tilnc 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
i1101,11w. rutAG.
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
location for forty-eight (48) consecutive hours, (2) Within the ten (10) calendar day period
vehicle being wrecked, and/or inoperative as specified in the notice, the owner of the
evidenced by vegetation underneath as high as vehicle or the owner of the property or an
the vehicle body or frame, refuse or debris authorized agent may appeal to the direc-
collected underneath or the vehicle being used for of code enforcement or his/her
solely for storage purposes, if it is partially designee. The director of code enforce -
dismantled, having no engine, transmission, or ment or his/her designee shall determine
other major and visible parts, having major and the validity of the violation and may for
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. 22 821
(5)
WINTER SPRINGS CO1j1J
approved by the city commission and
thereafter disposed of in accordance with
applicable state law or city ordinance.
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. 2016-22, § 10, 10-26-16)
Cross reference —Procedure for disposing of abandoned
property, § 2-1.
Sec. 12-54. Impoundment and redemption
of illegally parked or abandoned
vehicles.
Members of the police department shall be
vested with the authority and it shall be their
duty to impound any unoccupied vehicle parked
in violation of any of the parking regulations of
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, or appears to be abandoned.
Thereafter, such vehicle shall be released to the
duly identified owner thereof only upon the
payment of any fine and the storage, towing, and
other impounding charge(s). The police depart-
ment shall exercise due diligence to identify and
notify the owner.
(Code 1974, § 11-21; Ord. No. 2002-22, § 2,
7-22-02)
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
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
chief of police and city engineer,
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
*Cross reference —Streets, sidewalks and other public
places, Ch. 17.
Supp. No. 22 $22
MOTOR V JD.MULIJS AND TRAFFIC
established by the commission b. On a sidewalk;
in accordance with the traffic c. Within an intersection;
signage requirements of this
chapter and state law and any d. On a crosswalk or within ten (10)
conditions set forth in the feet of a crosswalk;
resolution adopted by the city e. Between a safety zone and the
commission. adjacent curb or within thirty (30)
3. The chief of police (including feet of points on the curb immediately
any city law enforcement officer opposite the end of the safety zone;
designated by the chief), in f. Alongside or opposite any street
accordance with the authority excavation or obstruction;
granted under sections 12-26 g. Upon any bridge or other elevated
and 12-27 of the City Code and structure;
other applicable traffic laws,
may grant temporary parking h. Upon a highway or within a highway
permits authorizing the park- tunnel;
ing of vehicles on roadways i. On any railroad tracks;
where on -street parking is j. At any place where official signs
prohibited for emergencies, prohibit standing, stopping or park -
special events, or other public
purposes. The permit shall ing;
identify the dates, time, dura- k. On any portion of a roadway with a
tion, and name of the horizontal curve where the center-
roadway(s) or portion thereof line street radius is one hundred
which parking of vehicles shall (100) feet or less as determined by
be allowed, provided the permit the city engineer, plus the first thirty
is limited in duration to the (30) feet from both ends of the curve,
minimum necessary to accom- (2) Stand or park a vehicle whether occupied
modate the emergency, special or not, except momentarily to pick up or
event or other public purpose discharge a passenger or passengers:
and does not authorize
overnight on -street parking. a. In front of a public or private
Such permits shall also be driveway;
subject to immediate revoca- b. Within fifteen (15) feet of a fire
tion by the chief of police if the hydrant;
chief of police determines that
the permitted on -street park- c. Within twenty (20) feet of a crosswalk
ing is negatively affecting the at an intersection;
public health, safety and d. Within thirty (30) feet upon the
welfare of the area or interfer- approach to any flashing signal,
ing with safe vehicular or stop sign, or traffic control signal
pedestrian traffic flow. located at the side of a roadway;
For purposes of this subsection (1)a. e. Within twenty (20) feet of the
and in lieu of the definition contained driveway entrance to any fire sta-
in section 12-1 of this chapter, the tion and on the side of a street
term "roadway" shall mean all por- opposite the entrance to any fire
tions of a right-of-way, improved or station within seventy-five (75) feet
unimproved, including the paved of such entrance, when property
portion and any shoulder or berm. signposted;
Supp. No. 22 823
WINTER SPRINGS CODE
f. At any place where official signs
prohibit standing or parking;
g. Within three (3) feet of a city utility
meter.
(3) Park a vehicle, whether occupied or not,
except temporarily for the purpose of,
and while actually engaged in, loading or
unloading merchandise or passengers:
a. Within fifty (50) feet of the nearest
rail of a railroad crossing, unless
the department of transportation
establishes a different distance due
to unusual circumstances;
b. At any place where official signs
prohibit parking;
(�.) 1\Tn nnrqnn shall mnpn a NT04iieln not munnrl
by such person into any prohibited area.
(Ord. No. 2002-22, § 2, 7-8-02; Ord. No. 2005-18,
§ 2, 741-05; Ord. No. 2014-06, § 2, 3-10-14)
State law reference —Similar provisions, F.S. § 315,
1956.
Sec. 12-66. Cleaning, repairing vehicles on
roadway.
No person shall stand or park a vehicle upon a
roadway for the purpose of displaying it for sale
or washing, greasing, or repairing such vehicle
except repairs necessitated by an emergency.
(Code 1974, § 11-18(2))
Sec. 12-67. Obedience to signs, markings.
On such streets, highways, or other locations
where parking spaces are officially indicated by
signs or markings, parking shall be allowed only
within such spaces and then only for the times
officially indicated by such authorized signs. It
shall be unlawful for any person to park a vehicle
in any parking space designated by painted
lines, unless such vehicle is parked wholly within
the marked lines.
(Code 1974, § 11-18(3))
Sec. 12-68. Use of bus, taxi stands.
No person shall stop, stand or park a vehicle
other than a bus in a bus stop or other than a
taxicab in a taxicab stand, when any such stop or
stand has been officially designated and
Supp. No. 00 824
appropriately marked; except, that the driver of
a passenger vehicle may temporarily stop therein
for the purpose of and while actually engaged in
loading or unloading passengers when such stop-
ping does not interfere with any bus or taxicab
waiting to enter or about to enter such zone.
(Code 1974, § 11-18(4))
Sec. 12-69. Loading/unloading zones.
The chief of police is authorized to designate
and to mark loading/unloading zones on the
several streets of the city, and no person shall
stop, stand or park a vehicle for any purpose or
length of time other than for the expeditious
unloading and delivery or pickup and loading of
materials in any place marked as a loading zone
during hours when the provisions applicable to
loading zones are in effect. In no case shall the
stop for loading and unloading of materials
exceed time indicated on sign(s).
(Code 1974, § 11-18(5))
Sec. 12-70. Mobile homes to be parked in
mobile home parks; exception.
Any person occupying a mobile home for living
quarters in the city shall park such mobile home
in a regularly licensed mobile home park or in an
area appropriately zoned for mobile homes;
provided that mobile homes may be parked
elsewhere for a period of not longer than three
(3) weeks upon the owner or party desiring to
occupy the same obtaining a permit therefor
from the city commission.
(Code 1974, § 10-1)
DIVISION 3. OPERATION OF GOLF CARTS
Sec. 1241. Definitions.
For purposes of this division, the following
words and phrases shall have the following
ascribed meaning:
(a) Golf cart means a motor vehicle that is
designed and manufactured for opera-
tion on a golf course for sporting or
recreational purposes.
(b) Designated roadways means those roads
identified by the city as being safe for
MOTOR VEHICLES AND TRAFFIC
operation of golf carts in accordance with
all requirements for operation set forth
in this division.
(c) Dr•iuer's license means a valid license
issued to operate a motor vehicle issued
by the State of Florida or any other state.
(d) Inspection shall mean a safety evalua-
tion of each registered golf cart by the
Winter Springs Police Department
confirming that the golf cart meets the
minimum requirements of this division.
(Ord. No. 2009-11, § 2, 7-27-09)
Sec. 12-72. Use of golf carts on designated
roadways.
Golf carts meeting all requirements of this
division may be operated as follows:
(a) Golf carts may be operated on any public
roadway within the city limits of the City
of Winter Springs where the posted speed
limit is thirty (30) miles per hour or less.
The city shall provide appropriate signs
to indicate that such operation is allowed.
(b) Golf carts shall not be operated on private
property, unless authorized by the
property owner, or on sidewalks, bicycle
paths, swales, or trails. Golf carts shall
not be operated on any roadway where
the designated speed limit is greater
than thirty (30) miles per hour, or on any
state or county roadway, except to cross
at designated intersections for the purpose
of immediately reaching the next
designated roadway.
(Ord. No. 2009-11, § 2, 7-27-09; Ord, No. 2014-
32, § 2, 1-12-15)
Sec. 1243. Restrictions.
Golf carts operating on designated roadways
shall be subject to the following restrictions:
(a) Hours of operation. Golf carts may be
operated on designated roadways only
during the hours between sunrise and
sunset. The city commission may, by
resolution, temporarily authorize the
operation of golf carts on designated
roadways between sunset and sunrise as
long as the golf carts operating during
this time are equipped with headlights,
brake lights, turn signals, and a
windshield.
(b) Licensed driver. Golf carts operating on
designated roadways must be operated
by a person who is at least sixteen (16)
years of age, and who possesses a valid
driver's license. Persons who possess a
valid learner's permit may operate a golf
cart on designated roadways when
accompanied by a licensed driver of at
least eighteen (18) years of age.
(c) Maximum speed. Golf carts operating on
designated roadways shall not exceed
twenty (20) miles per hour.
(d) Compliance with traffic laws. Golf carts
shall be operated in accordance with all
applicable local and state traffic regula-
tions. Golf carts shall stay to the far
right of any designated roadway, and
shall yield the right of way to overtaking
drivers. Golf carts shall not obstruct or
impede normal traffic flow.
(e) Occupants. The number of occupants in a
golf cart operated on designated roadways
shall be limited to the number of seats on
the golf cart. No occupants of a golf cart
shall stand at any time while the golf
cart is in motion.
(f) Alcohol. All state regulations governing
the use and possession of alcoholic bever-
ages while operating a motor vehicle
shall apply to the operation of golf carts
on designated roadways.
(Ord. No. 2009-11, § 2, 7-27-09)
Sec. 1244. Required equipment.
All golf carts operated on designated roadways
shall maintain the following equipment in good
working order:
(a) Efficient brakes;
(b) Reliable steering apparatus;
(c) Safe tires;
(d) Rearview mirrors;
Supp. No. 99 825
WINTER SPRINGS CODE
(e) Red reflectorized warning devices, both
in the front and the rear;
(f) Headlights;
(g) Brake lights;
(h) Horn.
(Ord. No. 2009-11, § 2, 7-27-09)
Sec. 12-75. Inspection and registration of
golf carts required.
All golf carts operating on designated roadways
in the City of Winter Springs shall be registered
and inspected as follows:
(a) Golf carts shall be registered by the
owner of the golf cart on a form prescribed
by the police chief or the police chiefs
lleblg'llee. Mu UW11Ci blldll pay an annual
registration fee of ten dollars ($10.00),
and shall be issued a registration decal
which shall be affixed to the golf cart.
Decals shall be issued annually; and am
valid for one year after issuance.
(b) Prior to issuance of a registration decal,
golf cart owners shall be required to
provide (i) proof of ownership, (ii) proof of
liability insurance, and (iii) a valid driver's
license.
(c) At the time a golf cart owner initially
registers a particular golf cart, the police
department shall inspect the golf cart to
ensure the required equipment is installed
and working properly. In the event the
golf cart fails inspection, each additional
inspection shall be five dollars ($5.00).
(d) At such time the owner of a golf cart
seeks to renew the annual registration of
the same golf cart previously registered
by the city in the owner's name, the golf
cart owner shall be required to execute
and submit an affidavit of compliance
attesting that the equipment required by
section 12-74 of this Code is installed and
working properly. The affidavit shall be
required as a condition to the issuance of
the annual registration decal. Such
affidavit of compliance shall be on a form
prescribed by the police chief or the
police chiefs designee. Notwithstanding
Supp. No. 22 826
the affidavit requirement set forth in
this section, the police department may
require an inspection of the golf cart
before issuance of the decal to the extent
deemed necessary to require compliance
with section 12-74.
(e) Lost or stolen registration decals are the
responsibility of the golf cart owner. A
police report shall be filed in the event of
a lost or stolen decal. The police chief or
the police chiefs designee shall have the
discretion to determine whether a replace-
ment decal may be issued. If no existing
registration information is available, the
police chief may direct the golf cart owner
to reapply and to repay any required fees
prior to a replacement decal being issued.
(Ord. No. 2009-11, § 2, 7-27-09; Ord. No. 2014-
32, § 2, 1-12-15)
Sec. 12-76. Insurance required.
All golf' cart owners are required to purchase
and maintain liability insurance insuring against
personal injury and property damage. Minimum
required insurance shall be the same as for
motor vehicles registered in the State of Florida
for personal use and as designated by Florida
Statutes. Proof of insurance must be presented
at time of golf cart registration, and must be
possessed at all times by the golf cart operator
while operating the golf cart on designated
roadways.
(Ord. No. 2009-11, § 2, 7-27-09)
Sec. 1247. Enforcement.
A violation of this division shall constitute a
non -criminal infraction enforceable either as a
code violation to be prosecuted by the code
enforcement board or special magistrate, or shall
be classified as a Class I Civil Citation Violation.
Uniform Traffic Citations shall only be used for
violations that are also violations of the Florida
Uniform Traffic Control Law.
(Ord. No. 2009-11, § 2, 7-27-09; Ord, No. 2015-
221 § 11, 10-26-15)
Secs. 1248, 1249. Reserved.
NUISANCES
written appeal, to the code enforcement
manager, which must contain the loca-
tion of the violative property all reasons,
evidence and argument that the cited
condition(s) do(es) not constitute as a
public nuisance and therefore a violation
of this section.
(10) If an appeal is submitted, as provided
above, the city shall take no action to
remedy the public nuisance, as determined
by the code enforcement manager, until
an order is rendered by the City Commis-
sion.
(g) Appeal by property owner. If a property
owner submits a written appeal, as provided in
subsection (f) above, a public hearing shall be
scheduled at the next regular meeting of the city
commission. At the hearing, before the city
commission, the property owner, the code enforce-
ment manager or the manager's designee, and
any interested party may submit evidence in
support of or in opposition to the manager's
determination of the existence of a public nuisance
upon the property. Following the presentation of
evidence the city commission shall issue an
order either: (1) finding the existence of a public
nuisances as determined by the code enforce-
ment manager and ordering the property owner
to remedy the violation within a reasonable
period of time, not to exceed thirty (30) days, or
the city may remedy the violation as provided in
subsection (f); or (2) finding the public nuisance
does not exist and dismiss the case against the
property owner.
(h) Removal by city. If after fifteen (15) days
from the date of the notice no written appeal has
been filed or within the time required by the City
Commission, whichever first occurs, and the
condition described in the notice has not been
remedied, the manager or the manager's designee
shall cause the condition to be remedied by the
city at the expense of the property owner.
In cases involving major public nuisance condi-
tions requiring immediate, direct action to abate
hazards imminently dangerous to the health,
welfare or safety of the public, the city may, upon
the code enforcement manager's authorization,
cause the conditions to be immediately remedied
by city -authorized lot cleaning or tree removal.
Notice of said lot cleaning shall be given within
five (5) days after the lot cleaning or tree removal
and according to the procedures detailed in
subsection (f) above, except that the notice shall
additionally explain that the property contained
hazards requiring immediate remedy, that the
property has already been cleaned, and that the
property owner has fifteen (15) days from the
date of the notice to apply to city commission to
show why costs of cleaning should not be assessed
against the property owner's property.
(i) After causing the condition to be remedied,
the director of code enforcement shall certify to
the city manager the expense incurred in remedy -
the condition whereupon such expense, plus
a charge to cover city administrative expense,
plus any administrative penalty as provided in
subsection 0), shall be provided to the property
owner by certified mail return receipt requested
and shall become payable within fifteen (15)
days, after which a special assessment lien and
charge will be made upon the property, which
shall be payable with interest at the statutory
rate provided for in Section 55.03, Florida Statutes
per annum from the date of such certification
until paid.
(1) Such lien shall be enforceable in the
same manner as a tax lien in favor of the
City of Winter Springs and may be satis-
fied at any time by payment thereof
including accrued interest. Notice of such
lien may be filed in the office of the clerk
of the circuit court and recorded among
the public records of Seminole County,
Florida.
(2) If the subject property is secured by locks
or otherwise, the city shall have the
authority to enter said property for
purposes of remedying the violative condi-
tion, and any additional costs incurred
by the city in gaining access to the
property or in resecuring the property
after cleaning shall be considered expenses
of remedying the condition.
(j) In addition to the actual cost of remedying
the violation cited under subsections (c), (d), and
(e), the city may also assess a charge to cover
Supp. No. 00 077
WINTER SPRINGS CODE
administrative expenses incurred in securing
and monitoring the services of a private contrac-
tor to remedy the violation. Said administrative
charge shall be reviewed and approved by city
commission at least on an annual basis.
(1) If a second violation of subsections (c),
(d), or (e) occurs upon the same property
and property owner within twelve (12)
months from the date of the first viola-
tion, an administrative penalty of one
hundred dollars ($100.00) shall addition-
ally be assessed five (5) days after the
second violation. If the condition is abated
by the owner during that five (5) day
period, the administrative penalty will
not be assessed. If a third violation of
subsections (c), (d), or (e) occurs upon the
same property and property owner within
twelve (12) months from the date of the
first violation, an administrative penalty
of two hundred dollars ($200.00) shall
additionally be assessed five (6) days
after the third violation. If the condition
is abated by the owner during that five
(5) day period, the administrative penalty
will not be assessed. Subsequent viola-
tions cited against the same property
and property owner shall be referred to
the city's attorney for appropriate legal
action including, but not limited to, injunc-
tive relief, in addition to enforcement as
provided by this chapter.
(Code 1974, § 7-1; Ord. No. 464, § 1, 2-12-90;
Ord. No. 632, § I, 11-25-96; Ord. No. 2002-09,
§ 2, 3-25-02)
Sec. 13-3. Duty of owners of buildings to
keep surrounding property clean;
notice; failure to comply with
notice.
(a) All land within athree-hundred-foot radius
of any dwelling or other building within the city
shall be kept in a clean and trim condition by the
owner of the property.
(b) If the owner of any property fails to comply
with the conditions of this section, he shall be
notified by the city of the violation and be
allowed fifteen (15) days to comply.
(c) If, after the fifteen -day period provided for
in subsection (b), the owner has not cleaned the
property in accordance with this section, the city
shall have the right and authority to enter upon
the property in question, clear the land accord-
ing to the requirements of this section and
charge the owner for the cost thereof.
(Code 1974, § 7-2)
Sec. 13-4. Procedure for city enforcement
of non -imminent hazards.
In cases involving nuisance or hazardous condi-
tions which require direct governmental action
to abate a serious and continuing danger to the
public or occupants, including attractive nuisance
cases, and where the property owner or tenant
faiIs to heed the notices and enforcement efforts
made by the city pursuant to Chapter 13, Article
I, but where the emergency nature of the dangers
to the public is not so extreme as to warrant
dispensing without notice to the property owner(s),
then the city enforcement officials shall proceed
to:
(1) Give notice, which maybe combined with
notice from the code enforcement board
or special magistrate statement of viola-
tion and notice of hearing, which informs
the property owner that an order will be
sought from the code enforcement board
or special magistrate for city work or
contracted work to repair or secure the
property. The notice will prominently
inform the property owner that failure to
repair the property or follow the code
enforcement board's or special magistrate
orders may result in city work which
shall be charged as a lien against the
property. The notice will describe the
conditions found by the enforcement officer
to constitute a hazard or nuisance. The
notice will generally inform the property
owner of the work or repairs to be done
which will correct the nuisance or hazard-
ous condition(s).
(2) If the owner still fails to cure the condi-
tions) by the time set for hearing pursu-
ant to the above -detailed notice, then the
enforcement officer shall submit proof at
the hearing concerning the degree of
Supp. No. 02 878
NUISANCES
danger of the conditions) to the public
and the property owner's inability or
unwillingness to cure such dangers, thus
necessitating public action to repair or
secure property. The code enforcement
board or special magistrate may render
its order requiring the city to perform
such work as is necessary to secure the
property or to render it safe.
(3) The enforcement officer shall take such
action as has been authorized by the code
enforcement board or special magistrate
to secure the property or render it safe,
including the letting of contracts, pursu-
ant to city purchasing requirements, to
repair or remove dangerous conditions
and items. The costs and expenses of
such work shall be a lien upon the
property, which lien may be enforced by
suit at law or upon proceeding in chancery.
(4) Liens for such city contracted work shall
be co -equal with all state, county and
municipal taxes and shall be superior in
dignity to all other liens, titles and claims
until paid.
(5) Nothing in this section shall be construed
to require city work to be done or to
imply a duty by the city to fix conditions
which are the legal responsibility of the
owner(s) of the property. This section is
supplementary to city and code enforce-
ment board or special magistrate author-
ity to order the property owner to remedy
nuisance conditions.
(Ord. No. 632, § I, 11-25-96; Ord. No. 2015-22,
§ 12, 10-26-15)
Secs. 13-5-13-25. Reserved.
Supp. No. 22 879
ARTICLE II. NOISE
DIVISION 1. GENERALLY
Sec. 13-26. Purpose and scope.
§ 13-20
(a) The purpose of this article is to regulate
and reduce the ambient sound levels originating
within the city in order to preserve, protect and
promote the public health, safety and welfare,
and the peace and quiet of the inhabitants of the
city, prevent injury to human, plant and animal
life and property, foster the convenience and
comfort of its inhabitants, and facilitate the
enjoyment of the natural attractions of the city.
It is the public policy of the city that every
person is entitled to ambient sound levels that
are not detrimental to life, health and enjoyment
of his or her property. It is hereby declared that
the making, creation or maintenance of exces-
sive or unreasonable sound within the city affects
and is a menace to the public health, comfort,
convenience, safety, welfare and the prosperity
of the people of the city. The provisions and
prohibitions hereinafter contained and enacted
are for the above -stated purpose.
(b) This article shall apply to the control of all
sound originating within the city limits of the
City of Winter Springs.
(c) This article does not apply to those noises,
the control of which is expressly preempted by
federal law including, but not limited to, the
Noise Control Act of 1972, codified at 42 U.S.C.
§ 4901 et seq., related to those noises created by
aircraft, railroad carriers and interstate motor
carriers, as defined by federal law. This article
also does not apply to those noises, the control of
which is expressly preempted by state law includ-
ing, but not limited to, motor vehicle noise under
section 403.415, Florida Statutes.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 2, 2-25-13)
*Editor's note —Ord. No. 2005-16, § 2, adopted Aug. 8,
2005, amended former Art. II, §§ 13-26-13-34, in its
entirety to read as herein set out. I'ormer Art. II pertained to
similar subject matter and derived from the Code of 1974.
WINTER SPRINGS CODE
Sec. 13-27. Definitions.
All terminology used in this article not defined
below shall be in conformance with applicable
publications of the American National Standards
Institute (ANSI).
A -weighted sound level means the sound pres-
sure level in decibels as measured on a sound
level meter using the A -weighting network. The
level so read is designated dBA.
ANSI means the American National Standards
Institute.
Background sound level shall mean the sound
pressure level of the all-encompasing noise
emanating from a given environment, usually
hPing n eomnoSif.P of soim3o from many on»rePs.
C-weighted sound level shall mean the sound
pressure level, in decibels, as measured on a
sound levelmeter using the C-weighting network.
The level so read shall be designated as dBG.
Commercial area means those areas zoned
and designated for commercial uses update on
the city's official zoning map (including, but not
limited to, C-1, C-2, C-3, PUD commercial, CC,
and GID) and/or future land use map or areas
where commercial uses exist.
Construction means any site preparation,
assembly, erection, substantial repair, altera-
tion, or similar action, but excluding demolition,
for or of public or private rights -of -way, structures,
utilities or similar property.
Decibel (dB) means a unit for measuring the
magnitude of sound, equal to twenty (20) times
the logarithm (base 10) of the ratio between RMS
sound pressure and reference pressure (20
micropascals).
Demolition means any dismantling, intentional
destruction or removal of structures, utilities,
public or private right-of-way surfaces, structures
or similar property.
Emergency means any occurrence or set of
circumstances involving actual or imminent physi-
cal trauma or property damage which demands
immediate action.
Supp. No. 22 $$Q
Emergency work means any work performed
for the purpose of preventing or alleviating the
physical trauma or property damage threatened
or caused by an emergency.
Equivalent sound level (Leq) shall mean a
sound level descriptor based on the average
acoustic intensity over time. Leq is intended as a
single number indicator to describe the mean
energy or intensity level over a specified period
of time during which the sound level fluctuated.
The period of time specified in this ordinance is
ten minutes. Leq is measured in dB and is
expressed according to the weighting network as
either A -weighted or C-weighted (LegA or LegC).
Impulsive sound means sound of short dura-
tion, usually less than one second, with an
?,. 4-,,,,f .,�,a • a a Tel_ 1 ram,.,,,,,,,,
uNi ui..0 vii..� culu iuNiu ua,�uj'. •�•t.uiitili,S uiovuiwS
of impulsive sound include, but are not limited
to, explosions, drop forge impacts, and the
discharge of firearms.
Industi iai ai°eo; ii7eails those areas zoned and
designated for industrial use on the city's official
zoning map (including, but not limited to, I-1)
and/or future land use map or areas where
industrial uses exist.
Motor vehicle means any vehicle which is
defined as a "motor vehicle" by Chapter 316,
Florida Statutes.
Motorboat means any vessel which operates
on water and which is propelled by a motor,
including, but not limited to, boats, barges,
amphibious crafts, water ski towing devices and
hover crafts.
Motorcycle means any "motorcycle" as defined
in Chapter 316, Florida Statutes.
Muffler or sound dissipative device means a
device for abating the sound of escaping gases of
an internal combustion engine.
Noise means any unwanted sound which annoys
or disturbs humans or which causes or tends to
cause an adverse psychological or physiological
effect on humans.
Noise disturbance means any sound which:
(1) Endangers or injures the safety or health
of humans or animals; or
NUISANCES
(2) Annoys or disturbs a reasonable person
of normal sensitivities; or
(3) Endangers or injures personal or real
property.
For purposes of this definition, any sound that
exceeds the maximum permissible sound levels
set forth in Division 5 of this article shall
constitute an evidentiary basis for declaring a
noise disturbance. It is the intent and purpose of
this definition that sounds that either meet the
aforesaid criteria or exceed the sound levels in
Division 5 or both shall constitute a violation of
this article.
Supp. No. 22 $$0.1
§ 13-27 WINTI R SPRINGS CODI;
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 22 $$0.2
NUISANCES
(e) Application for extension of time limits
specified in variances for time to comply or for
modification of other substantial conditions shall
be treated like applications for initial variances
under subsection (b), except that the city manager
must find that the need for the extension or
modification clearly outweighs any adverse
impacts of granting the extension or modifica-
tion.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 2, 2-25-13)
DIVISION 5. SOUND LEVELS BY
RECEIVING LAND USE
Sec. 13-35. Maximum permissible sound
levels by receiving land use.
No person shall operate or cause to be oper-
ated on private property any source of sound in
such a manner as to create a sound level which
exceeds the limits set forth for the receiving land
use category in Table 1 when measured at or
within the property boundary of the receiving
land use. These maximum permissible sound
levels are ten minute LeQ7 dBA and dBC values
measured in accordance with the guidance
provided in this article.
Table 1. Sound Levels by Receiving Land Use
Land Use Category
Time
Maximum Permissible
Sound Level Leq. 10
min dBA
Maximum Permissible
Sound Level Leo 10
min. dBC
A (Noise Sensitive
Zones)
At all Times
55
65
B (Residential)
10:00 p.m. - 7:00 a.m.
55
65
7:00 a.m. - 10:00 P.M.
60
70
C (Commercial)
10:00 p.m. - 7:00 a.m.
60
70
7:00 a.m. - 10:00 P.M.
65
75
D (Industrial)
At all Times
65
75
(Ord. No. 200546, § 2, 8-8-05; Ord. No. 2013-02, § 2, 2-25-13)
Sec. 13-36. Reserved.
Editor's note —Ord. No. 2013-02, § 2, adopted P'eb. 25,
2013, repealed former § 13-36 in its entirety which pertained
to a correction for the character of sound and derived from
Ord. No. 2005-16, § 2, adopted Aug. 8, 2005.
DIVISION 6. MEASUREMENT
PROCEDURES
Sec. 13-37. Standardized measurements
required.
Measurements shall conform to standardized
practices and must be completely delineated in
any submitted noise report. Measurements should
be taken so as to present an accurate representa-
tion of the sound.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 2, 2-25-13)
Sec. 13-38. Required measurement
procedures.
The following conditions must always be met
when applicable testing is underway:
(a) The measurement of sound shall be made
with a sound level analyzer and shall
Supp. No. 99 885
§ 13-00
WINTER SPRINGS CODE
conform to ANSI 1.4-1983, Either Type I
or Type 2 sound analyzers are permitted
per ANSI 51.4-1971. If octave band test-
ing is required, octave band or one-third
octave band analyzers filter sets shall
conform to ANSI 1.11-1976.
(b) Calibration of all instruments,
components, and attachments shall
conform to the latest ANSI Standards.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 2, 2-25-13)
DIVISION 7. ENFORCEMENT
Sec. 13-39. Penalties.
(a) Any person who violates any provision of
this article shall be fined fifty dollars ($50.00) for
the first violation, one hundred fifty dollars
($150.00) for the second violation, two hundred
fifty dollaro ($250.00) for the thi,'d violation and
five hundred dollars ($500.00) dollars for each
violation thereafter. .
(b) Any person who willfully or knowingly
violates a notice of noise abatement issued by a
noise control officer or an order of a court or code
enforcement board or special magistrate order-
ing abatement of noise shall be fined for each day
in violation of said notice or order a sum of five
hundred dollars ($500.00).
(c) Notwithstanding the civil fine provisions
set forth in subsections (a) and (b), a person shall
be subject to arrest by a law enforcement officer
for violating the provisions of this article under
the following circumstances:
(1) The person willfully or knowingly violates,
disobeys, neglects, or refuses to comply
with any of the provisions of this article
as expressly ordered by the code enforce-
ment board or special magistrate or a
court of competent jurisdiction for
purposes of abating future noise
disturbances; or
(2) The person willfully or knowingly violates,
disobeys, neglects, or refuses to comply
with an order of a law enforcement officer
to abate a noise disturbance that
constitutes a repeat violation, as defined
by section 162.04, Florida Statutes; or
(3) The person willfully or knowingly violates
the provisions of this article and creates
a noise disturbance that causes harm to
or immediately threatens life and/or
property or threatens an immediate
breach of the peace.
Violations under this subsection (c) shall be
prosecuted in the same manner as misdemeanor
offenses. Upon conviction, the person shall be
punished by a fine in an amount not less than
two hundred fifty dollars ($250.00) and not to
exceed five hundred dollars ($500.00), or imprison-
ment in the county jail for a period not to exceed
sixty (60) days, or both.
(d) Each day a violation is committed, or
permitted to continue, shall constitute a separate
offnn; e cind shs-all be p.^.nnli�nd rio p,uch. In iddi-
tion to the penalties provided under this section,
violators of this article shall be subject to any
other appropriate civil or criminal action provided
by law in a court of competent jurisdiction,
including, but not limited to, injunctive relief.
The city manager and city attorney (or other
legal counsel retained by the city) are hereby
authorized to institute civil proceedings neces-
sary for the enforcement of this article. Nothing
in this section shall be held to exclude prosecu-
tion or actions by any other provisions of applicable
law or to exempt anyone violating this article or
any other law from any penalty which may be
prescribed for said violation.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 2, 2-25-13; Ord. No. 2015-22, § 13, 10-26-15)
Sec. 1340. Notice of violation.
Except where a person is acting in good faith
to comply with an abatement order issued pursu-
ant to this article, violation of any provision of
this article shall be cause for a notice of violation
to be issued by the noise control officer according
to code enforcement procedures set forth in the
City Code.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 2, 2-25-13)
Supp. No. 22 886
Sec. 13-41. Immediate threat to health and
welfare.
(a) The noise control officer shall order an
immediate halt to any sound which exposes any
person, except those excluded under this article,
to a continuous noise disturbance including sound
levels in excess of those shown in Table 1.
(b) Any person subject to an order issued
pursuant to subsection (a) shall comply with
such order until:
(1) The sound is brought into compliance
with the order, as determined by the
noise control officer; or
(2) A judicial or code enforcement board or
special magistrate order has superseded
the noise control officer's order.
(c) Any person who violates an order issued
pursuant to this section shall, for each violation,
be fined not less than two hundred fifty ($250.00)
dollars nor more than five hundred ($500.00)
dollars.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 2, 2-25-13; Ord. No. 2015-22, § 14, 10-26-15)
Sec. 13-42. Other remedies.
No provision of this article shall be construed
to impair any common law or statutory cause of
action, or legal remedy therefrom, of any person
or the city for injury or damage arising from any
violation of this article or from other law.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 2, 2-2543)
Sec. 13-43. Designation of noise sensitive
zones.
Under application of interested persons or on
the city's own initiative, the city commission
may designate an area within the city as a noise
sensitive zone by resolution. The zone must be
an area of special public concern where the
maximum permissible sound levels set forth in
this article are too high and not reasonable for
the subject area. Such zones may include, but
not be limited to, hospital patient and other
convalescent areas, passive nature parks, and
wildlife habitat areas. The city commission may,
by resolution, establish lower maximum permis-
sible sound levels for said zones.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 2, 2-25-13)
Sec. 13-44. Motor vehicle noise.
Motor vehicle noise on highways of the state
anI on streets and roads under the city's jurisdic-
tion shall be regulated pursuant to section
316.293, Florida Statutes.
(Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02,
§ 2, 2-25-13)
Secs. 13-45-13-50. Reserved.
ARTICLE III. FIRE AND SECURITY
ALARMS*
Sec. 13-51. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Alarm. A signal (audio or visual, recorded or
live) transmitted to the police or fire department
indicating a predetermined condition. Such alarm
is received either:
(1) Via telephone line to a designated posi-
tion on an alarm panel;
(2) Via a private alarm service company
relayed to the police or fire department
telephone,
(3) Via an automated telephone alarm system,
playing a recorded message when received
on the police or fire department telephone;
(4) Via an audible/visual signal relayed to
the city police or fire department by a
third party.
Burglar y alarm. An alarm system designed to
indicate a condition of forced entry, or attempted
forced entry.
xCross references —Buildings and building regulations,
Ch. 6; licenses and business regulations, Ch. lo.
Supp. No. 00 $$7
WINTER SPRINGS CODI;
False alarm. The activation of an alarm, by
any means, which does not represent the designed
condition.
Fire alarm. An alarm system designed to
indicate the presence of fire and/or smoke.
Robbery alarm. An alarm system designed to
indicate a robbery (holdup) is in progress or over
with.
Telephone alarm system. Any alarm system
which automatically transmits by telephone line
a recorded electronic or mechanical signal to a
telephone instrument at the police or fire depart-
ment. Such system shall be totally automated
and require no relaying or action by a human
being.
(Code 1974, § 9-32(a))
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 13-52. Notice of installation, modifica-
u,x�;;III .
Prior to the installation or substantial modif
tion or use of an alarm system, the owner or
lessee of the premises shall furnish the police
and fire departments with such information as
the departments deem necessary to provide
adequate response to the alarm. Newly installed
or substantially modified systems shall be allowed
to operate for a period of thirty (30) days from
the date of installation or modification without
penalty for false alarms, provided the police and
fire departments are notified of the installation
or modification in advance of same.
(Code 1974, § 9-32(b)(1))
Sec. 13-53. Compliance for existing systems.
Owners or lessees of existing alarm systems
shall have sixty (60) days from the date of this
section to comply with the above notice require-
ments.
(Code 1974, § 9-32(b)(2))
Sec. 13-54. Response to reset, disable
system.
Owners or lessees of any alarm system shall
provide response to the alarm location, when
requested, in order to reset or disable the alarm
Supp. No. 99 0gg
system within one (1) our of notification. Failure
to provide such response shall result in a charge
of fifty dollars ($50.00) for each such occurrence.
(Code 1974, § 9-32(b)(3))
Sec. 13-55. Emergency telephone numbers.
The operator of every place of business which
utilizes an alarm system shall provide, visible
from the exterior of the business and adjacent to
the main entrance, a minimum of three (3)
current working telephone numbers of persons
to be notified in case of emergency.
(Code 1974, § 9-32(b)(4))
Sec. 13-56. Automatic shutoff of alarm.
All alarm systems having an audible or visual
signal at the premises shall be so equipped so as
to automatically shut off the audible or visual
signal after fifteen (15) minutes, except those
systems required by law to have a longer operat-
ii7g peioc in which case such system shall be so
equipped, so as to automatically shut off the
audible or visual signal at the conclusion of such
longer required operating time.
(Code 1974, § 9-32(b)(5))
Sec. 13-57. Classification of alarms.
For each response by the police or fire depart-
ment to an alarm, the department will cause a
report to be filed, classifying the alarm as one (1)
of the following:
(1) False alarm or system test with no
notification;
(2) Valid alarm for cause designated.
(Code 1974, § 9-32(c)(1))
Sec. 13-58. False alarms —Warning notice.
Upon the reception of a third false alarm
within six (6) months, the police or fire depart-
ment shall issue a warning notice to the owner or
lessee or manager of the premises involved. The
owner or lessee or manager shall file a written
report with the appropriate department within
five (5) working days indicating any and all
measures taken to reduce false alarms.
(Code 1974, § 9-32(c)(2))
NUISANCES
Sec. 13459. Same —Service fee.
There shall be a service fee charged for false
alarms according to the following schedule:
(1) First response, none in last six (6) months,
no fee.
§ 13-59
Supp. No. 22 ggg,1
§ 13-59 WINTER SPRINGS CODE
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Supp. No. 22 888,2
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Sec, 17418. Bathing; swimming; scuba
diving.
No person shall swim, bathe or wade or scuba
dive in any waters or waterways within a city
park except in such waters and at such places
and times authorized and posted by the city.
(Ord. No. 2012-02, § 2, 1-23-12)
Sec. 17-119. Horseback riding.
Horseback riding is forbidden in city parks
except in such parks and park areas where
provision is made for this activity. Horses are
restricted to bridle paths, road rights -of -way, and
designated horse trails. Horses shall not go
unattended.
(Ord. No. 2012-02, § 2, 1-2342)
Sec. 17-120. Promulgation of rules.
(a) The city manager is hereby authorized to
adopt administrative rules supplemental to, and
consistent with, the provisions of this article
that he or she deems necessary and appropriate
to implement the provisions of this article rela-
tive to the use of city parks and the violation of
such rules shall constitute a violation of this
article.
(b) In addition to matters otherwise provided
for in this article, the rules of the city may
pertain to the appropriate and harmonious use
of trails consistent with the multiple uses that
will be authorized on the trails, the location of
particular recreational activities and other activi-
ties at city parks, whether parks are to be used
for active or passive recreational activities, access
management with regard to traffic control and
management within city parks, the operation of
motor vehicles and other forms of transportation
within city parks, pollution and litter within city
parks, the harming or removal of animals or
natural resources within or from city parks, the
use of dangerous instrumentalities within city
parks, the use of alcoholic beverages or tobacco
products within city parks, hunting and fishing
within city parks, domestic animals within city
parks, use of city park property and the condi-
tions relating thereto, trespass upon and
disturbance within city parks, disorderly conduct
and loitering within city parks, fires and illumina-
tion within city parks, and such other related
matters which address the protection of public
property located in and good order in city parks.
(c) The Cross Seminole Trail shall also be
subject to applicable rules adopted by Seminole
County.
(d) The provisions of this article and the rules
adopted by the city shall be maintained on file at
city hall and at the parks and recreation depart-
ment office for public inspection and copying.
(e) A general condition of each permit to use a
city park is that the permittee shall abide by and
adhere to the provisions of this article and the
rules promulgated by the city, except as may be
otherwise specifically permitted by the city by
means of a permit issued for a specific event or
activity.
(f) The city manager or authorized designee
shall regularly review, or cause to be reviewed,
the use of and conditions within each city park in
order to reasonably mitigate against potential
public liability relating to city parks.
(g) The city manager or authorized designee
shall regularly review, or cause to be reviewed,
the use and condition of each city park to ensure
compliance with the Americans With Disabilities
Act and other laws, rules and regulations where
applicable.
(Ord. No. 2012-02, § 2, 1-23-12)
Sec. 17-121. Fees.
The city commission may establish by resolu-
tion or written agreement with a specific user of
a city park a fee schedule for the use of city
parks.
(Ord. No. 2012-02, § 2, 1-23-12)
Sec. 17422. Preexisting rules; conflicts with
rules.
(a) All rules regulating city parks adopted by
the city prior to the enactment of this article on
January 23, 2012 shall remain in full force and
effect unless in conflict with any provision of this
article.
Supp. No. 22 1111
WINTER SPRINGS CODE
(b) The provisions of this article shall prevail
over any preexisting or subsequently adopted
conflicting city rule regulating city parks.
(Ord. No. 2012-02, § 2, 1-23-12)
Sec. 17-123. Enforcement; penalties.
(a) City law enforcement and code enforce-
ment officers, the parks and recreation director
or authorized designee, and the city manager or
authorized designee shall be responsible for enforc-
ing the provisions of this article, and shall have
the authority to order any person or persons
acting in violation of this article to leave the city
park. It is unlawful for a person to remain in the
city park when the person is asked to leave the
city park by a city official pursuant to this
cnn}inn
(b) City law enforcement and code enforce-
ment shall be responsible for initiating any code
enforcement proceedings regarding a violation of
this article.
(c) The enforcement and penalty provisions
set forth in this article are not intended to be
exclusive enforcement remedies. Nothing
contained herein shall be construed to limit law
enforcement and the city from enforcing the
provisions of this article by any other lawful
means.
(Ord. No. 2012-02, § 2, 1-23-12)
Sec. 17-124. Suspension of use of city park.
(a) The suspension provisions set forth in this
section are a management tool independent of
any other enforcement tool referenced under this
article for the purpose of managing the city
parks for the common welfare and safety of all
city park patrons and preservation of all city
park facilities. The intent and purpose of this
section is to ensure compliance with this article
and to protect the public health, safety, and
welfare of city park patrons. Suspension of a
person's privilege to use city parks or facilities
therein are intended to occur only when that
person has demonstrated an inability to comply
with the provisions set forth in this article or has
engaged in certain illegal or violent behavior in a
city park in violation of the law.
(b) A person's privilege to use a city park or
any facility therein may be suspended by the
chief of police or the city's parks and recreation
director when the person has been found guilty
of violating any provision of this article on more
than two (2) occasions within a three-year period.
For purposes of this section, the term "guilty"
shall include a plea of nolo contendere, voluntary
payment of a citation issued in accordance with
this article, or an adjudication of guilt by a court
of law or code enforcement board or special
magistrate. The first suspension shall be for a
period of up to ninety (90) days, and each
additional suspension thereafter, the suspension
period shall be for up to ninety (90) days per
applicable offense, not to exceed two (2) consecu-
tive years for any one (1) suspension.
(c) A person's privilege to use a city park or
any facility therein may be suspended by the
chief of police or the city's parks and recreation
director when a person is cited for a violation of
section 17-109(b), (d) or (e) for certain trespass
cases, or section 17-115 for interfering with
personnel. Suspension for a first offense shall be
for thirty (30) days, plus an additional sixty (60)
days for every other similar offense, not to
exceed two (2) consecutive years for any one (1)
suspension.
(d) A person's privilege to use a city park or
any facility therein may be suspended for up to
two (2) consecutive years by the chief of police for
each incident in which that person has been
charged with committing a violent criminal offence
in a city park including, but not limited to,
each of peace under F.S. § 870.03; affrays and
riots under F.S. § 870.01; aggravated battery
under F.S. § 784.045, and resisting an officer
with violence under F.S. § 843.01.
(e) A person's privilege to use a city park or
any facility therein may be suspended for up to
two (2) consecutive years by the chief of police for
each incident in which that person has been
charged with engaging in or allowing in a city
park the possession, use or sale of controlled
substances, as that term is defined in F.S. § 893.03,
in violation of law.
Supp. No. 00 1112
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
k" A persons privilege to use a city park or
any facility therein may be suspended for up to
two (2) consecutive years by the chief of police for
each incident in which that person has been
charged with engaging in or allowing prostitu-
tion in a city park.
(g) A person's privilege to use a city park or
any facility therein may be suspended by the
chief of police or parks and recreation director
for fees that are past due more than one hundred
and twenty (120) days and which are imposed
pursuant to this article or pursuant to a citation
imposed for violating the provisions of this article.
However, any suspension imposed under this
subsection shall immediately expire at such time
the fees are paid.
(h) Any suspension order issued in accordance
with this section shall be in writing and shall
state the name and address of the person who is
subject to the suspension, the cause of the
suspension, the duration of the suspension includ-
ing the effective and expiration date of the
suspension, and the city parks or any facility
subject to the suspension. The order shall also
state that the person shall have the right to
appeal the suspension to the city manager by
delivering written notice of appeal to the city
manager within three (3) business days of the
receipt of the order. The notice of the appeal
shall state the grounds for the appeal. The city
manager shall set the time and place for hearing
such appeal, and notice of the time and place
shall be given at least five (5) calendar days prior
to the date set for the hearing. The hearing shall
occur no later than ten (10) days after the date
the appeal notice is received by the city. Failure
to timely file an appeal of a suspension order
shall constitute a waiver of the person's right to
an appeal and the order shall be deemed final.
(i) The city manager shall adopt rules and
procedures for conducting a fair and impartial
hearing to determine compliance with the provi-
sions of this section. All decisions of the city
manager under this section shall be deemed
final and shall be subject to appeal to a court of
competent jurisdiction.
(j) When a suspension may be ordered up to a
maximum number of days under this section, the
city shall consider the following factors when
determining the length of the suspension: (1) the
gravity of the violation; (2) the potential or
actual harm or danger the violation had or
caused on other patrons or facilities of the city
park; and (3) any mitigating circumstances.
(Ord. No. 2012-02, § 2, 1-23-12; Ord, No. 2015-
22, § 15, 10-26-15)
Supp. No. 00 1113
§ 17-124 WINTER SPRINGS CODE
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[The next page is 1157]
Supp. No. 22 1114
UTILITIES
pursuant to Title IV of SWDA, applicable to the
method of disposal employed by the wastewater
treatment works.
National categorical pretreatment standard or
pretreatment standard. Any regulation contain-
ing pollutant discharge limits promulgated by
the USEPA in accordance with section 307(b)
and (c) of the Federal Water Pollution Control
Act (33 U.S.C. 1347) which applies to a specific
category of industrial users.
National pollution discharge elimination system
(NPDES) permit. A permit issued pursuant to
section 402 of the Federal Water Pollution Control
Act (33 U.S.C. 1342).
Natural outlet. Any outlet into a watercourse,
pond, ditch, lake or other body of surface water
or groundwater.
pH. The logarithm (base 10) of the reciprocal
of the concentration of hydrogen ions expressed
in grams per liter of solution which expresses the
degree of acidity or alkalinity.
Pollutant. Any dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked
or discharged equipment, rock, sand, cellar dirt
and industrial, municipal, and agricultural waste
discharged into water, or any other material
capable of altering the integrity of water.
Pretreatment
or• treatment. The reduction of
the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of
pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or
otherwise introducing such pollutants into the
wastewater system. The reduction or alteration
can be obtained by physical, chemical or biologi-
cal processes, or by process changes or other
means, except as prohibited by 40 Code of Federal
Regulations section 403.6(d).
Storm sewer: A sewer which carries stormwa-
ter and other drainage.
Stormwater. Any flow occurring during or
following any form of natural precipitation and
resulting therefrom.
Suspended solids (SS). The total suspended
matter that floats on the surface of, or is suspended
water, wastewater or other liquids, and which
is removable by laboratory filtering.
p Toxic ollutant. Any pollutant or combination
of pollutants listed as toxic in regulations
promulgated by the administrator of the USEPA
under the provision of section 307(a) of the
Federal Water Pollution Control Act or other
acts.
User. Any person who contributes, causes or
permits the contribution of wastewater into the
wastewater treatment works.
Wastewater or sewage. The liquid and water -
carried industrial or domestic wastes from dwell-
ings, commercial buildings, industrial facilities,
institutions, or other outlets, together with any
groundwater, surface water, or stormwater that
may be present whether treated or untreated,
which is contributed or permitted to enter the
wastewater treatment works.
Wastewater treatment plant. That portion of
the wastewater treatment works designed to
provide treatment to wastewater.
Wastewater treatment works. The complete
municipal sewer system including sanitary sewers,
lateral sewer lines and other sewer facilities
constructed or acquired by the city, including
such purification and treatment facilities and
works as may be provided during the course of
sewage disposal, together with all improve-
ments, extensions and additions to the sewer
system, or any part thereof, and shall include all
property, real and personal, tangible and
intangible, owned or used in connection with the
sewer system. For purposes of this article, this
includes any sewers which convey wastewater
from persons outside the city by agreement.
(Code 1974, § 16-21)
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 19-27. Use of wastewater system.
(a) Required. The owner of every improved lot
or parcel of land within the city shall have an
adequate and approved method of disposal of
wastewater. It shall be unlawful for any person
Supp. No. 22 1231
WINTER SPRINGS CODI;
to discharge wastewater, other polluted waters,
or waste material of any kind, into any natural
outlet, wetlands, storm sewer, or any other area
within the city except where suitable treatment
has been provided in accordance with this article.
It shall be unlawful, without exception, for any
person to discharge any sanitary wastewater
into the storm sewer system.
(b) Connections. It shall be unlawful to con-
nect to, discharge to any point of entry into, or
otherwise disturb the wastewater treatment works
and its appurtenances without first obtaining
city approval and paying appropriate charges.
All laterals and building sewers constructed by
an owner and connected to the wastewater treat-
ment works after the effective date of this article
must be properly designed and constructed in
accordance with the building and plumbing regula-
tions contained in this Code of Ordinances.
Service availability and times for connection
shall be as provided in this Code.
(c) Malicious damage. No person shall
maliciously or willfully break, damage, destroy,
uncover, deface, or tamper with any structure,
appurtenance or equipment which is part of the
wastewater treatment works.
(Code 1974, § 16-22)
Sec. 19-28. Required use of public sewers.
(a) Where required. Where a sanitary sewer is
available for use, every residence and building
located within the city and in which human
beings reside, congregate and/or are employed
shall be connected to the city sanitary sewer. A
sanitary sewer is available for use if it is within
fifty (50) feet of the property on which the
residence or building is located, which fifty (50)
feet shall traverse only city property and be
measured in a straight line from any point on
such property line.
(b) Compliance time. It shall be the duty of
the owner of the property on which any residence
or building referred to in subsection (a) is located
to have such property connected to the sanitary
sewer within sixty (60) days after such sewer
becomes available for use under the terms of
subsection (a), and it shall be unlawful for such
owner to fail or refuse to do so.
Supp. No. 22 1232
(c) Sewer connection. Where a sewer connec-
tion is required by this section, the service line
from the sanitary sewer to the user's property
line shall be installed by city forces at city
expense and the user shall pay the prescribed
sewer fees. The service line required on the
user's property shall be installed by him or his
agents at his/her own expense.
(Code 1974, § 16-23)
Sec. 19-29. Private septic tanks.
(a) Where required. Where connection to the
wastewater treatment works is not available, the
owner shall connect to a private septic tank or
other private sewage disposal and treatment
unit which, in its installation and maintenance,
complies with apnlicnble city, crnmty, state. or
federal regulations and permits. The owner shall
operate and maintain the unit at no expense to
the city. Private sewage disposal and treatment
units which use subsurface soil absorption facili-
ties are prohibited where the area of the owner's
lot is less than twenty thousand (20,000) square
feet. Unless otherwise permitted by the city and
the appropriate regulatory agencies and at such
time as the wastewater treatment works becomes
available to the property, the owner shall abandon
and fill the previously installed septic tank or
private sewage disposal and treatment unit, and
connect to the wastewater system as provided in
the Code of Ordinances.
(b) Septic tank waste disposal. Septic tank
waste and other holding tank waste collected in
the city shall be delivered to a wastewater
treatment facility authorized by the appropriate
regulatory agencies to accept such holding tank
waste. It shall be unlawful to discharge holding
tank waste to any natural outlet within the city
or to any place other than an authorized
wastewater treatment facility.
(Code 1974, § 16-24)
Sec. 19-30. Enforcement board.
The city may enforce this article through the
city code enforcement provisions in addition to
any circuit court proceedings or other penalties
provided herein. In any proceedings before the
code enforcement board or special magistrate,
UTILITIES
the director shall serve as the code inspector.
The code enforcement board or special magistrate
shall have the authority to levy fines in excess of
the charges and penalties provided for in this
article.
(Code 1974, § 16-32(e); Ord. No. 2015-22, § 16,
10-26-15)
Sec. 19-31. Penalties and charges.
(a) Civil liability. Any person who willfully or
negligently fails to comply with any provision of
this article shall become liable to the city for any
expense, loss or damage occasioned by the city by
reason of such violation, and, where the city is
the prevailing party, the city shall be entitled to
recover court costs and reasonable attorney fees.
(b) Criminal penalties. Any person who shall
continue a violation of this article shall be guilty
of a misdemeanor of the second degree, and upon
conviction thereof shall be fined in an amount
not less than fifty dollars ($50.00) and not more
than five hundred dollars ($500.00) for each
separate violation. Each day on which a viola-
tion shall occur or continue shall be deemed a
separate offense.
(c) Charges. Surcharges for discharge of
wastewater of higher than normal strength are
set forth in the Code of Ordinances. In addition
to any other penalties, the full cost to the city of
disposal, treatment and all other costs related to
toxic substances in the wastewater will be charged
to the discharger. Discharges that result in
damage to any component of the system or the
clogging of lines will result in all repair,
maintenance and replacement costs being charged
to the discharger.
(Code 1974, § 16-33)
Secs. 19-32-19-50. Reserved.
DIVISION 2. ADMINISTRATION
Sec. 19-51. Inspection and monitoring.
(a) Inspection. The director may inspect the
facilities of any user to ascertain whether the
provisions of this article are being complied
with. The director or his authorized representa-
tives shall be permitted reasonable access to all
premises within the city where wastewater is
being discharged or otherwise contributed,
whether or not connected to the wastewater
treatment system, for the purposes of inspection,
observation, measurement, sampling, testing,
records examination or in the performance of
other responsibilities in accordance with the
provisions of this article.
(b) Monitoring facilities. The director shall
require all industrial users and other users
providing pretreatment to construct a suitable
control manhole together with necessary
appurtenances to facilitate inspection, sampling,
monitoring, and flow measurement of the
wastewater contributed from the user's building
sewer or in plumbing. Such manhole shall be
designed, constructed and maintained at the
user's sole expense, in a safe and proper operat-
ing condition, with ample room to allow accurate
sampling, and in accordance with all applicable
building and plumbing codes. Construction shall
be completed within thirty (30) days of connec-
tion to the wastewater treatment works, or, for
users already connected to the system on the
effective date of this article, within thirty (30)
days of written notice from the director to do so.
Such manhole shall be accessible to the director
at all reasonable times for sampling.
(c) Testing methods. All measurements, tests
and analyses of the characteristics of wastewater
contributions referred to in this article shall be
made in accordance with the latest edition of
Standard Methods for the Examination of Water
anI Wastewater published by the American Pub-
Supp. No. 22 1232.1
§ 19-51 WINTER SPRINGS CODI;
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Supp. No. 22 1232.2
UTILITIES
to be in violation of the provisions of an NPDES
permit. Owners of any portion of the Seminole
County interconnected MS4 shall be responsible
for controlling the quality and quantity of
discharge of stormwater to the city's MS4.
(Ord. No. 2004-01, § 2, 1-26-04)
Sec. 19-173. Inspection, monitoring for
compliance and operational
maintenance requirements.
(a) City personnel shall be granted access for
inspection of facilities discharging or suspected
of discharging to the city's MS4 or waters of the
United States in order to effectuate the provi-
sions of this ordinance and to investigate viola-
tions or potential violations of any of the terms
herein. All structures and processes which allow
discharges to the city's MS4, as well as records
concerning them, shall be made accessible to the
city's personnel for this purpose.
(b) Structural controls and other BMPs used
for controlling the discharge of pollutants to the
city's MS4 or to waters of the United States shall
be operated and maintained so as to function in
accordance with permitted design and
performance criteria and in compliance with
federal, state or local permit conditions and
regulations.
(1) The operation and maintenance entity is
required to provide for periodic inspec-
tions of the stormwater management
system to insure that the system is
functioning as designed and permitted.
(2) The following operational maintenance
activities shall be performed on all public
stormwater systems on a regular basis or
as needed:
a. Removal of trash and debris;
b. Inspection of inlets and outlets;
c. Removal of sediments when the stor-
age volume or conveyance capacity
of the stormwater management
system is below design levels;
d. Stabilization and restoration of
eroded areas;
e. Mowing and removal of grass clip-
pings;
f. Aeration, tilling, or replacement of
topsoil as needed to restore the
percolation capability of retention
and swale systems. If tilling or
replacement of the topsoil is utilized,
vegetation must be established on
the disturbed surfaces;
g. Undesirable species such as cattails
and exotic plants should be controlled
and minimized; and
h. It is recommended that that native
vegetation be maintained in the lit-
toral zone as part of the system's
operation and maintenance plan.
(3) If the system is not functioning as
designed and permitted, operational
maintenance must be performed
immediately to restore the system. If
operational maintenance measures are
insufficient to enable the system to meet
the design and performance standards,
the responsible entity must either replace
the system or construct an alternative
design.
(Ord. No. 2004-01, § 27 1-26-04)
Sec. 19-174. High risk screening.
(a) The city shall developed and maintain a
program for identifying and controlling pollut-
ants, to the MS4 that are within the limits of the
City of Winter Springs. Those located outside
the city's limits shall be reported to the applicable
municipality, SJRWMD, FDOT or FDEP for
further investigation and/or enforcement actions.
(b) This program shall be consistent with
State Water Policy, and involves monitoring storm -
water discharges to the MS4 from:
Supp. No. 22 1260.5
(1) Municipallandfill(s);
(2) Hazardous waste treatment, storage,
disposal and recovery facilities;
(3) Facilities that are subject to EPCRA
Title III, Section 313; and
WINTER SPRINGS CODE
(4) Other industrial or commercial discharge
in which in the determination of the city
may contribute a substantial pollutant
loading to the MS4.
(c) The high risk screening program shall
require:
(1) Inspecting businesses and government
owned facilities that could potentially
generate hazardous waste as well as
other waste streams of concern. As part
of this process photographs will be taken
and the location of the inspection will be
geo-referenced.
Items looked at during inspections shall
generally include, but not be limited to:
a Rnnrep of «TatPr grnnnly (mnnirinal
or private well).
b. Type of sewage disposal.
c. If there are any floor drains and
where they discharge to.
d. Storage practices for hazardous
materials.
e. Specific waste streams generated
and how they are managed and
disposed of.
f. Evidence of spilled oil, chemicals,
etc.
g. Stormwater information including:
i. Indications of illicit discharges.
ii. Where it discharges to.
iii. Activities that may affect
stormwater.
h. Manifests and other documentation
that substantiates wastes are man-
aged and disposed of properly.
(2) Investigating complaints relating to
environmental issues involving both busi-
nesses and private residences. These
complaints cover a wide range of issues,
e.g.
a. Improper disposal of wastes.
b. Storing hazardous materials and/or
waste under conditions that could
result in contamination of soil,
groundwater or waters of the state.
c. Illicit discharges.
(3) Following up on major spills to ensure
they are remediated properly by the
responsible party and all contaminated
materials are disposed of properly.
(4) Recording and maintaining both an
electronic database and a hardcopy file.
a. The database is updated by:
i. Adding potential generators
from new businesses that apply
for a city or county local busi-
ness tax receipt;
ii. Potential generators found in
}.iln f'.r��in rlirnrfnrin an� Vnllni!�
Pages, and searches performed
through the internet; and
Complaints from anonymous
an.d known individLals as well
as those referred to the city by
FDEP or other regulatory agen-
c
ies.
(Ord. No. 2004-01, § 2,
23, § 7, 12-11-06)
1-26-04; Ord. No. 2006-
Sec. 19-175. Enforcement, penalties and
legal proceedings.
(a) The city may enforce the provisions of this
article by any lawful means including, but not
limited to, issuing a civil citation, bringing charges
before the city's code enforcement board or special
magistrate, and seeking injunctive and equitable
relief.
(b) Where a violation of this article does not
constitute a hazardous condition requiring
immediate and direct governmental action to
abate a serious and continuing danger to the
public, notice shall be provided to the property
owner in accordance with Chapter 162, Florida
Statutes and Chapter 2, Article III, Division 2, of
the City Code, describing a violation of this
article. All persons in violation of this Article
shall address such violations immediately by
providing a written response outlining the
temporary and permanent measures that will be
taken to correct the violation and a proposed
Supp. No. 22 1260.E
UTILITIES
schedule for completion of the corrective measures.
Proposals for corrective action are subject to the
approval of the director.
(c) In addition, cease and desist orders may
be issued by the city's code enforcement depart-
ment as provided herein. Such order shall be
served upon the person(s) responsible for the
violation in the same manner as notices of
violation are served and as described above.
Specific activities and operations may be ordered
to cease and desist based upon the following
conditions:
(1) In a situation that may have a serious
effect on the health, safety or welfare of
the public or the environment, including
the quality of stormwater in the city's
MS4; or
(2) When irreversible or irreparable harm
may result, in the reasonable opinion of
the city's code enforcement officers, and
immediate cessation of the activity is
necessary to protect the public or the
environment, including the quality of
stormwater in the city's MS4.
(d) In addition to any fines which may be
imposed by the code enforcement board or special
magistrate, persons responsible for violation of
this article shall be liable for all sampling and
analytical costs incurred in monitoring the
discharge, and state and/or federal fines imposed
as a result of the discharge and costs of removing
or properly treating the discharge.
(e) Any fines or other funds received as a
result of enforcement under this article which
are not used for specific purposes set forth in this
article shall be deposited in the stormwater
utility fund.
(Ord. No. 2004-01, § 2, 1-26-04; Ord. No. 2015-
22, § 17, 10-26-15)
Secs. 19476-19499. Reserved.
ARTICLE VI. WATER SHORTAGE
CONDITIONS AND SHORTAGES
Sec. 19-200. Intent and purpose.
It is the intent and purpose of this article to
protect the water resources of the city from the
harmful effects of overutilization during period
of water shortage and allocate available water
supplies, including by assisting the St. Johns
River Water Management District in the
implementation of its water shortage plan and
the city creating, its own water shortage plan.
(Ord. No. 2001-11, § 1, 3-26-01)
Sec. 19-201. Definitions.
For the purpose of this article the following
terms, phrases, words, and their derivatives
shall have the meaning described below, unless
the
Supp. No. 22 1260.7
§ 19-201 WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 22 1260.8
Chapter 20
ZONING*
Article I. In General
Sec. 20-1. Definitions.
Sec. 20-2. Basis for regulations and requirements herein set forth.
Sec. 20-3. Purpose.
Sec. 20-4. Scope.
Sec. 20-5. Interpretation, purpose and conflict.
Sec. 20-6. Penalty.
Secs. 20-7-20-25. Reserved.
Article II. Administration
Division 1. Procedure; Land Use Decisions
Sec.
20-26.
Intent and purpose.
Sec.
20-27.
City commission; authority.
Sec.
20-28.
Due process; special notice requirements.
Sec.
20-29.
Applications.
Sec.
20-30.
Staff review.
Sec.
20-31.
Rezonings.
Sec.
20-32.
Variances.
Sec.
20-33.
Conditional uses.
Sec.
20-34.
Waivers.
Sec.
20-35.
Administrative appeals.
Sec.
20-36.
Expiration of conditional use, variance and waiver approvals.
Sec.
20-37.
Limited administrative waivers.
Secs.
20-38-20-50.
Reserved.
Division 2. Planning and Zoning Board
Sec.
20-51.
Created.
Sec.
20-52.
Composition, appointment of members.
Sec.
20-53.
Term; filling vacancies; removal of members.
Sec.
20-54.
Reserved.
Sec.
20-55.
Compensation; allowances for expenses incurred in performance
of duties.
Sec.
20-56.
Meetings; quorum; records to be kept.
Sec.
20-57.
Duties; general.
Sec.
20-58.
Assistants.
Sec.
20-59.
Reserved.
Secs.
20-60-20-75.
Reserved.
*Cross references -Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; beautification board,
§ 2-76 et seq.; annexations and rezonings, § 2-116 et seq.; limitation on the number of dogs and cats permitted, § 4-2; arboreal
standards of the City of Winter Springs, Ch, 5; regulations regarding landscaping applicable to privately held property, § 5-3;
buildings and building regulations, Ch. 6; regulations regarding fences, walls, hedges, etc., § 6-186 et seq.; limitations on
obstruction of clear vision when adjacent to street, intersection, etc., § 6-191 et seq.; required distance of fences or hedges from
property line established, § 6-193; swimming pools, § 6-211 et seq.; setback requirements for swimming pools, § 6-219; fire
hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9;
off-street parking and loading requirements, § 9-276 et seq.; uniform building numbering system, § 9-370 et seq.; development
impact fees, § 9-386 et seq.; adult entertainment regulations in commercial establishments, § 10-86 et seq.; planning, Ch. 15;
comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17.
Supp. No. 00 1305
WINTER SPRINGS CODE
Division 3. Reserved
Secs. 20-76-20-100. Reserved.
Article III. Establishment of Districts
Division 1. Generally
Sec.
20-101.
Division of city.
Sec.
20-102.
Official zoning map, working maps and procedures.
Sec.
20-103.
Restrictions upon lands, buildings and structures.
Sec.
20-104.
Changes and amendments.
Secs.
20-105-20-120.
Reserved,
Sec.
Sec.
Sec.
Sec.
rnn
Sec.
Sec.
Sec.
Secs.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Secs.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Secs
Sec.
Sec.
Sec.
Sec.
Sec,
Sec.
Sec,
Division 2. R-1Aaa Single -Family Dwelling Districts
20-121. Designation.
20-122. Uses permitted.
20-123. Conditional uses.
2
2
0-124. Building height regulations.
fl 125 Rnilrlino nron rnmilntion�.
20-126. Front, rear and side yard regulations.
20-127. Lot coverage.
20-128. Off-street parking regulations.
20-129-20-140. Reserved.
Division 3. R-Ci Single -Family Dwelling District
esignation.
20-141. D
20-142. Uses permitted.
20-143. Conditional uses.
20-144. Building height regulations.
20-145. Building area regulations.
20-146. Front, rear and side yard regulations.
20-147. Lot coverage.
20-148. Off-street parking regulations.
20-149-20-160. Reserved.
Division 4. R-lAa and R-lA One -family Dwelling Districts
Uses permitted.
Division 5. R-1 One -Family Dwelling Distx•icts
20-181. In general.
20-182. Uses permitted.
20-183. Conditional uses.
20-184. Building height regulations.
20-185. Building site area regulations.
20-186. Front, rear and side yard regulations.
20-187. Lot coverage.
Supp. No. 22 1306
ZONING
Sec. 20-188. Use, area and yard exceptions.
Sec. 20-189. Off-street parking regulations.
Secs. 20-190-20-205. Reserved.
Division 6. R-3 Multiple -Family Dwelling Districts
Sec.
20-206.
Designation.
Sec.
20-207.
Uses permitted.
Sec.
20-208.
Conditional uses.
Sec.
20-209.
Building height regulations.
Sec.
20-210.
Building area regulations.
Sec.
20-211.
Front, rear and side yard regulations.
Sec.
20-212.
Lot coverage.
Sec.
20-213.
Off-street parking regulations.
Secs.
20-214-20-230.
Reserved.
Division 7. C-1 Neighborhood Commercial Districts
Sec.
20-231.
In general.
Sec.
20-232.
Uses permitted.
Sec.
20-233.
Reserved.
Sec.
20-234.
Conditional uses.
Sec.
20-235.
Building height regulations.
Sec.
20-236.
Overlay district regulations.
Sec.
20-237.
Bulk regulations.
Sec.
20-238.
Off-street parking regulations.
Sec.
20-239.
Reserved.
Secs.
20-240-20-250.
Reserved.
Division 8. C-2 General Commercial District
Sec. 20-251. In general.
Sec. 20-252. Uses permitted.
Sec. 20-253. Building height regulations.
Sec. 20-254. Conditional uses.
Sec. 20-255. Bulk regulations.
Sec. 20-256. Supplemental outdoor storage and warehousing requirements.
Sec. 20-257. Reserved,
Division 8.5. I-1 Light Industrial District
Sec. 20-258. In general.
Sec. 20-259. Uses permitted.
Sec. 20-260. Building height regulations.
Sec. 20-261. Conditional uses.
Sec. 20-262. Bulk regulations.
Sec. 20-263. Enclosed buildings and outside storage.
Secs. 20-264-20-265. Reserved,
Division 9. R-U Rural Urban Dwelling Districts
Sec. 20-266. In general.
Sec. 20-267. Uses permitted.
Sec. 20-268. Conditional uses.
Sec. 20-269. Building height regulations.
Sec. 20-270. Building site area regulations.
Sec. 20-271. Front, rear and side yard requirements.
Sec. 20-272. Lot coverage.
Sec. 20-273. Off-street parking regulations.
Secs. 20-274-20-290. Reserved.
Supp. No. 22 130%
WINTER SPRINGS CODE
Division 10. T-1 Trailer Home Districts
Sec. 20-291. Descron of district.
Sec. 20-292. Uses permitted.
Sec. 20-293. Permits.
Sec. 20-294. Uses permitted.
Sec. 20-295. Building site area regulations.
Sec. 20-296. Minimum front, rear and side yard regulations.
Sec. 20-297. Special requirements.
Secs. 20-298-20-310. Reserved,
Division 11. R-T Mobile Home Park Districts
Sec.
20-311.
Definition of terms.
Sec.
20-312.
Description of district.
Sec.
20-313.
Uses permitted.
Sec.
20-314.
Special accessory uses.
Sec.
20-315.
Prohibited uses.
Sec.
20-316.
Application for rezoning.
Sec.
20-317.
Application for construction.
Sec.
20-318.
Minimum development standards and requirements.
Sea
20-313.
Speciai requirenieni,�.
Division 12. Town Center District Code
Sec.
20-320.
Intent.
Sec.
Sec.
20-321.
20-322.
Administration,
Definitions.
Sec.
20-323.
Permitted uses.
Sec.
20-324.
General provisions.
Sec.
20-325.
Transect standards.
Sec.
20-326.
Building elements.
Sec.
20-327.
Architectural guidelines.
Sec.
20-327.1.
Signs.
Division 13. Greeneway Interchange Zoning District
Sec.
20-328.
Purpose.
Sec.
20-329.
General uses and intensities.
Sec.
20-330.
Permitted uses, conditional uses, incidental uses within build-
ings.
Sec.
20-331.
Building height.
Sec.
20-332.
Setbacks.
Sec.
20-333.
Parking and driveway requirements.
Sec.
20-334.
Utility lines, pipes, conduit and infrastructure.
Sec.
20-335.
Interconnectivity of multiple parcels.
Sec.
20-336.
Development agreement; icon monument sign.
Sec.
20-337.
Master development plan.
Sec.
20-338.
Optional preliminary review.
Sec.
20-339.
Economic and fiscal impact requirements.
Sec.
20-340.
Comprehensive plan and code compliance required.
Secs.
20-341-20-344.
Reserved.
Division 14. Cc Commerce Center Zoning District
Sec. 20-345. In general.
Sec. 20-345.1. Uses permitted.
Sec 20-345.2. Building height restrictions.
Sec. 20-345.3. Conditional uses.
Sec. 20-345.4. Bulk regulations.
Supp. No. 22 1308
ZONING
Division 15. C-3 Highway 17-92 Commercial District
Sec. 20-346. In general.
Sec. 20-346.1. Uses permitted.
Sec. 20-346.2. Building height regulations.
Sec. 20-346.3. Conditional uses.
Sec. 20-346.4. Bulk regulations.
Secs. 20-347-20-350. Reserved,
Article IV. Planned Unit Developments
Sec. 20-351. Intent and purpose of district.
Sec. 20-352. Development Agreement and Master Plan.
Sec. 20-353. Standards for planned unit developments.
Sec. 20-354. Procedures for approval of planned unit development zoning
classification.
Sec. 20-355. Appeals.
Sec. 20-356. Control of development following recordation of development
agreement.
Sec. 20-357. Amendment to existing PUD.
Sec. 20-358. Additional requirements.
Secs. 20-359-20-410. Reserved,
Article V. Supplemental District Regulations
Division 1. Generally
Sec.
20-411.
Trailers in residential areas.
Sec.
20-412.
Trailer uses.
Sec.
20-413.
Animals.
Sec.
20-414.
Exceptions.
Sec.
20-415.
Reserved.
Sec.
20-416.
Kennel zoning.
Sec.
20-417.
Residential wall buffers required.
Sec.
20-418.
Gasoline stations.
Sec.
20-419.
Limitations on residential densities.
Sec.
20-420.
Secondary metals recyclers and similar non -hazardous recyclers.
Sec.
20-421.
Pill mills.
Sec.
20-422.
Public, private and charter school and daycare center siting
criteria.
Secs.
20-423-20-430.
Reserved.
Division 2. Motor Vehicles
Sec.
20-431.
Parking, storage or maintenance of certain vehicles prohibited
in residentially zoned districts.
Sec.
20-432.
Commercial vehicle -Definition.
Sec.
20-433.
Storage, repair, etc., of disabled
motor vehicles; approved.
Sec.
20-434.
Authorized commercial vehicles
in residential areas.
Sec.
20-435.
Authorized commercial vehicles
in residentially zoned districts.
Sec.
20-436.
Authorized commercial vehicles -Limited
-term parking permits.
Sec.
20-437.
Exempted vehicles.
Sec.
20-438.
Parking vehicles in residential
front yards and on sidewalks
prohibited.
Sec.
20-439.
Parking areas on residential lots; design requirements.
Secs.
20-440-20-450.
Reserved,
Supp. No. 22 1309
WINTER SPRINGS CODE
Division 3. Siting and Regulation of Telecommunications Towers
Sec. 20-451. Telecommunications towers.
Division 4. Regulation of Home Occupations or Home Offices
Sec.
20-452.
Home
occupations or home offices.
Secs.
20-453-20-460,
Reserved,
Article VI. S.R. 434 Corridor Vision Plan
Division 1. S.R. 434 Corridor Overlay District
Sec. 20-461. Intent.
Sec. 20-462. Creation,
Division 2. General Design Standards for New Development Area
Sec.
20-463.
Applicability.
Sec.
20-464.
Building height.
Sec.
20-465.
Setbaclrs.
Sec.
20466.
Reserved.
Sec.
20-467.
Off-street parking and driveway requirements.
Sec.
20468.
Large footprint buildings.
Sec.
20-469.
Reserved.
Sec.
20-470.
Reserved,
Sec.
20-471.
Utility lines.
Sec.
20-472.
Corridor access management.
Sec.
20-473.
Building and screening design guidelines.
Sec.
20-474.
Development agreement.
Sec.
20-475.
Reserved.
Secs.
20-476-20-479.
Reserved.
Division 3. Reserved
Sec. 20-480-20-500. Reserved.
Division 4. Reserved
Table 1 Recommended Shrub Pallet
Table 2 Recommended Tree Pallet
Supp. No. 22 1310
ZONING
ARTICLE I. IN GENERAL
Sec. 20-1. Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the meanings
ascribed to them in this section, except where
the context clearly indicates a different meaning:
Accessory. The term applied to a building or
use which is clearly incidental or subordinate to
and customary in connection with the principal
building or use and which is located on the same
lot or parcel with such principal building or use.
Accessory building. A building which is clearly
incidental or subordinate to and customarily
utilized adjacent to and in connection with a
principal building located on the same lot. Acces-
sory buildings may include a detached garage,
shed, gazebo, storage building, cabana or bath-
house (used in conjunction with a swimming
pool), or similar use. When an accessory building
is attached to a principal structure by a breezeway,
passage or otherwise, it shall become a part of
the principal structure and shall be subject to
the required setbacks of the principal structure.
Also see section 6-84. Accessory buildings.)
Accessory dwelling unit (ADU). An ancillary
or secondary dwelling unit that is clearly
subordinate to the principal dwelling, which has
a separate egress/ingress independent from the
principal dwelling, and which provides complete
independent living facilities for one (1) or more
persons and which includes provisions for living,
sleeping, eating, cooking, and sanitation. The
WU is located on the same parcel as the principal
dwelling and shall be subject to the required
setbacks of the principal structure. The ADU
may be either attached to or detached from the
principal dwelling. (Also see section 6-85. Acces-
sory Dwelling Units).
Alley. A public way not more than thirty (30)
feet in width, which affords only a secondary
access to the property abutting thereon.
Apartment hotel. A building designed for
containing both apartments and individual gue-
strooms or suites which may offer such services
as are ordinarily furnished by hotels. Tenants
may be permanent or seasonal but not transient.
Apartment house. See "Dwelling, multiple.
"
m
Baseent. A basement shall mean a portion of
a building located partly underground, but having
less than half its clear floor to ceiling height
below the average grade of the adjoining ground.
A basement shall be counted as a story if
subdivided and used for dwelling or business
purposes.
Boardinghouse or lodginghouse. A dwelling
having one (1) kitchen and used for the purpose
of providing meals or lodging or both for compensa-
tion to persons other than members of the family
occupying such dwelling.
Building. Any permanent structures designed
or built for the support, shelter or protection of
persons, animals, chattels or property of any
kind.
Building, height of. The vertical distance from
the grade to the highest point of the coping of a
flat roof or to the mean height level between
eaves and ridge for gable, hip or gambrel roofs.
Where no grade level has been established, the
height of the building may be measured from the
mean elevation of the finished lot grade at the
front of the building.
Cellar: A cellar shall mean that portion of a
building located partly or wholly underground
and having more than half its clear floorAo-
ceiling height below the average grade of the
adjoining ground.
Clinic. A clinic shall mean an establishment
where patients, who are not lodged overnight,
are admitted for examination and treatment by
one (1) person or a group of persons practicing
any form of healing or health building services to
individuals, whether such persons be medical
doctors, chiropractors, osteopaths, chiropodists,
naturopaths, optometrists, dentists or any such
profession, the practice of which is lawful in the
state.
Club. Buildings and facilities owned and oper-
ated by a corporation or association of persons
for social or recreational purposes, but not oper-
ated primarily for profit or to render a service
which is customarily carried on as a business.
Supp. No. 99 1011
WINTER SPRINGS CODE
Cottage food operations. "Cottage food opera-
tion" means a natural person who produces or
packages cottage food products at his or her
residence and sells such products in accordance
with section 500.80, Florida Statutes.
Cottage food products. "Cottage food product"
means food that is not a potentially hazardous
food (as defined by rules of the Department of
Agriculture and Consumer Services) which is
sold by a cottage food operation in accordance
with section 500.80, Florida Statutes.
Decibel. A decibel is a unit of measurement of
the intensity (loudness) of sound. Sound level
meters which are employed to measure intensity
of sound are calibrated in decibels.
irorrreilw•ies. A tuuui, apari,iiieiii, ur uuuuiiig
containing sleeping accommodations, which facil-
ity is operated for the use of students enrolled in
the sponsoring educational institution.
Dwelling. A building or portion thereof; but
not an automobile house trailer, designed or
used exclusively for residential occupancy but
not including motels, lodginghouses or hotels.
Dwelling, one -family. A building designed for
or occupied exclusively by one (1) family, except
that an ancillary accessory dwelling unit may be
attached to the principal dwelling unit in certain
restricted situations as prescribed by code.
Dwelling, two-family. A building designed for
or occupied exclusively by two (2) families.
Dwelling, multiple. A building designed for or
occupied exclusively by three (3) or more families.
Family. An individual or two (2) or more
persons related by blood or marriage, or a group
of not more than five (5) persons living together
as a single housekeeping unit in a dwelling, who
need not be related by blood or marriage.
Filling station. See service station.
Fleet. A group of vehicles contained in one
area for the purpose of dispatch for service or
other work related to the entity; however,
governmental vehicles are exempted.
Governmental vehicles include police, fire, rescue,
and other governmental vehicles which serve a
vital public safety, health, or welfare purpose as
determined by the city.
Garage apartment. See "accessory dwelling
I
Garage, private. An accessory building or a
portion of the principal building used for the
storage of automobiles of the occupants of the
building. A carport is a private garage.
Garage, public. A building or portion thereof,
other than a private garage or storage garage,
designed or used for the sale, storage, servicing,
repairing, equipping and hiring of motor -driven
vehicles.
/V A l l,• ,
�,ura�e, siuiuge. a uuliunig ur puri,ivil �ilereul
designed or used exclusively for the storage or
parking of automobiles. Services, other than
storage at such storage garage, shall be limited
to refueling, lubrication washing, waxing and
polishing.
Guest cottage. See "accessory dwelling unit."
Guest (tourist) homes. A private dwelling in
which transient sleeping accommodations are
provided for compensation; especially for motor
u torists or travelers.
Home occupation or home office. An operation
for commercial or pecuniary gain conducted
entirely within a dwelling unit, or in a permitted
accessory building, which is incidental and
subordinate to the use of the dwelling for
residential purposes and which does not change
the residential character thereof. Home occupa-
tions and home offices are subject to section
20-452 of this Code.
Hotel. A building or other structure kept,
used, maintained and advertised as or held out
to the public to be a place where sleeping
accommodations are supplied for pay, catering
primarily to transient guests, in which ten (10)
or more rooms are furnished for the accommoda-
tion of guests, and having or not having one (1)
or more dining rooms, restaurants or cafes where
meals are served to transients or other guests;
such sleeping accommodations and dining rooms,
Supp. No. 22 1312
ZONING
restaurants or cafes, if existing, being conducted
in the same building or accessory buildings in
connection therewith.
Junkyards. An establishment or place of busi-
ness which is maintained, operated, or used for
storing, keeping, buying, or selling junk, or for
the maintenance or operation of an automotive
graveyard, and the term shall include garbage
dumps and sanitary landfills. For purposes of
this definition, an automotive graveyard shall
mean an establishment or place of business
which is maintained, used, or operated for stor-
ing, keeping, buying, or selling wrecked, scrapped,
ruined, or dismantled motor vehicles or motor
vehicle parts. The term junkyard shall not include
a recycling facility which satisfies the require-
ments of section 20-259(10) of the City Code.
Laundry, sel f-service. A business that provides
home -type washing, drying and/or ironing
machines for hire to be used by customers on the
premises.
Lot. A parcel of land occupied or intended for
occupancy by a use permitted in this chapter,
including a principal building together with its
accessory buildings, the yard areas and parking
spaces required by this chapter and having its
principal frontage upon a publicly owned street
and publicly maintained streets or upon an
approved place.
Lot of record. A lot which is subdivided in
accordance with the subdivision regulations
contained in chapter 9 of the City Code which
has been recorded in the office of the clerk of the
county circuit court; or a parcel of land, on or
before the effective date of the ordinance from
which this chapter was derived.
Lot, cornea: A lot abutting upon two (2) streets
at their intersection.
Lot, depth. The depth of a lot is the distance
measured in a mean direction of the sidelines of
the lot from the middle point of the front lot line
to the midpoint of the opposite rear line of the
lot.
Lot frontage. The horizontal distance measured
along the narrow width of a lot abutting a street
right -of --way.
Lot, interior: A lot other than a corner lot.
Lot, reserved corner A corner lot, the street
side lot line of which is substantially the continu-
ation of the front lot line of the first lot to its rear.
Lot, through. An interior lot having frontage
on two (2) parallel or approximately parallel
streets.
Lot, width. The mean horizontal distance
between the side lot lines, measured at right
angles to the depth.
Motel. A building or group of buildings, whether
detached or in connected units, used as individual
sleeping or dwelling units designed primarily for
transient automobile travelers and providing for
accessory off-street parking facilities adjacent to
each unit and having individual unit entrances
opening to the outside. The term "motel" includes
buiWings designated as auto courts, tourist courts,
motor lodges and similar appellations.
Multi -tenant development. Shopping centers
and other uses so determined by the city.
Nonconforming use. The use of a building, or
portion thereof, or land, or portion thereof, which
use does not conform with the use regulations of
the district in which it is located.
Noxious matter. Material which is capable of
causing injury to living organisms by mechanical
or chemical reaction or is capable of causing
detrimental effects upon the psychological, social
or economic well-being of individuals.
Nursing (convalescent) home. A home of aged,
chronically ill or incurable persons in which
three (3) or more persons not of the immediate
family are received, kept or provided with food
and/or similar institutions devoted primarily to
the diagnosis and treatment of the sick or injured.
Octave band. An octave band is a means of
dividing the range of sound frequencies into
octaves in order to classify sound according to
pitch.
Octave band filter: An octave band filter is an
electrical frequency analyzer designed according
to standards formulated by the American
S11pp. No. 99 1013
IN Inn SPRINGS CODE
Standards Association and used in conjunction
with a sound level meter to take measurements
in specific octave intervals.
Particulate matter. Matei�al which is suspended
in or discharged into the atmosphere in finely
divided form as a liquid or a solid at atmospheric
pressure and temperature.
Pei formance standard. A criteria established
to control noise, odor, smoke, toxic or noxious
matter, vibration, fire and explosive hazards and
glare or heat generated by or inherent in uses of
land or buildings.
Principal building. The building or structure
of chief importance or function on a parcel or lot.
In general, the primary use of the lot is carried
out in the principal 'building.
Professional offices. Professional offices shall
include those vocations in which professed attain-
ments in special knowledge are practiced, as
distinguished from mere skills, and shall be
limited to those professions so classified by the
laws of the state or determined by decisions of
the state supreme court, and which are conducted
as professions and not as a trade or other
business. Professional offices do not include
offices for the treatment of animals on the
premises.
Ringelmann Chart and number. A chart
described in the United States Bureau of Mines
Information Circular 6888, and of which are
illustrated graduated shades of gray for use in
estimating the light obscuring capacity of smoke.
A Ringelmann number is the number of the area
in the Ringelmann Chart that coincides most
nearly with the visual density of emission.
Service station. Any building, structure or
land used for the dispensing, sale or offering for
sale at retail of any automobile fuels, oils or
accessories and in connection with which is
performed general automotive servicing as
distinguished from automotive repairs.
Smoke units. Smoke units represent the number
obtained by multiplying the smoke density in
Ringelmann numbers by the time of emission in
minutes.
Supp. No. 22 1314
Sound level meter, An instrument standard-
ized by the American Standards Association for
measurements of the intensity of sound.
Story. That portion of a bung included
between the surface of any floor and the surface
of the next floor above it, then the space between
such floor and the ceiling next above it.
Street. A public or private thoroughfare which
affords the principal means of access to abutting
property. This includes land, place, way or other
means of ingress or egress regardless of the term
used to describe it.
Street right -of --way. The dividing line between
a lot, tract or parcel of land and a contiguous
street.
Structure. Any thing constructed, erected or
placed, the use of which requires more or less
permanent location on the ground and shall
include tents, lunch wagons, dining cars, camp
cars or other structures on wheels or other
supports and used or intended for business or
living quarters.
Structural alterations. Any substantial change,
except for repair or replacement in supporting
members of a building such as bearing walls,
columns, beams or girders, floor joists or roof
sts.
Subdivision. For the purpose of these regula-
tions, asubdivision of land is either:
(1) The platted division of land comprising
one (1) acre or more in area, into lots,
sites or parcels;
(2) Establishment or dedication of a road,
highway, street or alley through a tract of
land by the owner thereof, regardless of
area; or
(3) The resubdivision of land of one (1) acre
or more in area heretofore divided or
platted into lots, sites or parcels.
Swimming pool. Any constructed pool used for
swimming or bathing over twenty-four (24) inches
in depth or with a surface area exceeding two
hundred fifty (250) square feet.
Vd�7�iIN
Toxic materials. Materials which are capable
of causing injury to living organisms by chemical
means when present in relatively small amounts.
Trailer. Any so-called house trailer and other
similar objects, which are designed for use as a
place of abode, by one (1) or more persons, both
temporary and permanent, irrespective of whether
they are used actually for such purposes.
Trailer• park. A duly licensed camp, park or
other area established to carry on the business of
parking or otherwise servicing trailers.
Use, principal. The main use of land or build-
ings as distinguished from a subordinate or
accessory use.
Yard. An open space at grade between a
building and adjoining lot line, unoccupied and
unobstructed by a portion of a structure from the
ground upward, except as otherwise provided
herein. In measuring a yard for the purpose of
determining the width of a side yard, the depth
of a front yard or the depth of a rear yard, the
minimum horizontal distance between the lot
line and the principal building shall be used.
Yard, front. A yard extending across the front
of a lot between the side yard lines and being the
minimum horizontal distance between the street
line and the principal building or any projections
of uncovered steps, uncovered balconies or
uncovered porches. On corner lots, the front yard
shall be considered as parallel to the street upon
which the lot has its dimension.
Yard, reap: A yard extending across the rear of
a lot between the sidelines of lots and being the
minimum horizontal distance between the rear
of the principal building or any projections thereof
other than the projection of uncovered steps,
balconies or porches. On all corner lots, the rear
yard shall be at the opposite end of the lot from
the front yard.
Yard, side. A yard between the principal build-
ing and the sideline of a lot and extending from
the front lot line to the rear yard and being the
minimum horizontal distance between a side lot
line and the side of the principal building or any
projection thereto.
(Ord. No. 44, § 44.24, 1-8-68; Ord. No. 675,
12-8-97; Ord. No. 2005-09, Ord. No. 2005-09,
§ 2, 3-28-05; Ord. No. 2005-23, § 3, 9-12-05; Ord.
No. 2010-03, § 21 4-12-10; Ord. No. 2010-08, § 5,
10-25-10; Ord. No. 2011-08, § 2, 10-10-11; Ord.
No. 2016-05, § 2, 2-22-16)
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 20-2. Basis for regulations and require-
ments herein set forth.
The regulations and requirements herein set
forth have been made in accordance with a
comprehensive plan, with reasonable
consideration, among other things, to the prevail-
ing land uses, growth characteristics and the
character of the respective districts and their
peculiar suitability for particular uses and to
encourage the most appropriate use of land
throughout the city.
(Ord. No. 44, § 44.01, 1-8-68)
Sec. 20-3. Purpose.
In their interpretation and application, the
provisions of this chapter shall be the minimum
requirements to promote the public health, morals,
safety and general welfare; to conserve the tax-
able value of land and buildings and to protect
the character and maintain the stability of
residential, business and industrial areas within
the city and to promote the orderly and beneficial
development of such areas. Among other purposes,
such provisions are intended to provide adequate
light, air, privacy and convenience of access to
property, to avoid undue concentration of popula-
tion by regulating and limiting the height and
bulk of buildings; the size and open spaces
surrounding buildings; to establish building lines;
to divide the city into districts restricting and
regulating therein the construction, reconstruc-
tion, alteration and use of buildings, structures
and land for residence, business, industrial and
other specified uses; to limit congestion in the
public streets by providing off-street parking of
Supp. No. 22 1315
WINTER SPRINGS CODE
motor vehicles; and to define the powers of the
administrative officers of the planning and zoning
board as provided herein.
(Ord. No. 44, § 44.02, 1-8-68)
Sec. 20-4. Scope.
This chapter is not intended to repeal, change,
abrogate, annul or in any way impair or interfere
with the provisions of other laws or ordinances
existing on the effective date of the ordinance
from which this section was derived, except
those specifically repealed or any private restric-
tions placed on property by covenant, deed or
other private agreement. Where this chapter
imposes a greater restriction upon the use of
buildings or land or upon the height of buildings
or lot coverage, or require greater lot, areas,
larger yards or other open spaces than are
imposed or required by such existing provisions
of law or ordinance or by such rules, regulations
or permits or by such private restrictions, the
provisions of this chapter shall control.
(Ord. No. 44, § 44.03, 1-8-68)
Sec. 20-5. Interpretation, purpose and
conflict.
In interpreting and applying the provisions of
this chapter, they shall be held to be the minimum
requirements for the promotion of the public
health, safety, morals and general welfare of the
community. It is not intended by this chapter to
interfere with, abrogate or annul any lawful
easements, covenants, or other agreements
between parties; provided, however, that where
this chapter imposes a greater restriction upon
the use of buildings or premises or upon the
heights of buildings, or requires larger open
spaces than are imposed or required by other
ordinances, rules, regulations or by lawful ease-
ments, covenants or agreements, the provisions
of this chapter shall control.
(Ord. No. 44, § 44.88, 1-8-68)
Sec. 20-6. Penalty.
Any person violating or failing to comply with
the terms and provisions specified herein upon
conviction and at the discretion of the court may
be fined, imprisoned or both as deemed appropri-
Supp. No. 22 1316
ate by the court. Each day that a violation is
permitted to exist shall constitute a separate
offense.
(Ord. No. 44, § 44.87, 1-8-68; Ord. No. 367, § 2,
5-11-87)
Secs. 20-7-20-25. Reserved.
DIVISION 1. PROCEDURE; LAND USE
DECISIONS
Sec. 20-26. Intent and purpose.
The intent and purpose of this division is to
� .aVI U17 "I C f ,. ,plyi ,,- "I V, I
oc� i�i Lii olio ri u��uuic lvi uYliiy iii� i�i vulr
ances, conditional uses, rezonings, waivers, and
administrative appeals as set forth in this chapter.
(Ord. No. 2004-49, § 2, 1243-04)
Sec. 20-27. City commission; authority.
Unless otherwise provided in this chapter, the
city commission shall render all final decisions
regarding rezonings, variances, conditional uses,
waivers, and administrative appeals provided
for in this chapter. The city commission may
impose reasonable conditions on any approved
rezoning, variance, conditional use, waiver or
administrative appeal to the extent deemed neces-
sary and relevant to ensure compliance with
applicable criteria and other applicable provi-
sions of the city code and comprehensive plan.
All formal decisions shall be based on competent
substantial evidence and the applicable criteria
set forth in this chapter. The city commission
may adopt, by resolution, quasi-judicial rules
and procedures to implement this division.
(Ord. No. 44, § 44.15, 1-8-68; Ord. No. 156, § 2,
9-12-77; Ord. No. 2004-49, § 2, 1243-04)
Sec. 20-28. Due process; special notice
requirements.
(a) All applicants shall be afforded minimal
due process as required by law, including the
right to receive notice, be heard, present evidence,
cross-examine witnesses, and be represented by
a duly authorized representative.
0
(b) In addition to any notice requirements
provided by state law, all public hearings under
this division shall be publicly noticed for at least
five (5) calendar days prior to the date of the
hearing. Said notice shall include the address of
the sub-
Supp. No. 22 1316.1
§ 20-28 WINTER SPRINGS CODI;
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 22 I316.2
ZONING
(6) The proposed development plan is compat-
ible with the surrounding neighborhood.
(Ord. No. 200449, § 2, 12-13-04; Ord. No.
2010-097 § 2, 4-26-10)
Sec. 20-35. Administrative appeals.
(a) Any final administrative decision regard-
ing the enforcement or interpretation of this
chapter, where it is alleged there is an error by
an administrative official, can be appealed as set
forth in this section.
(b) Appeals shall be taken within thirty (30)
days after such administrative decision is made
by filing a written notice of appeal with the city
manager stating the name of the decision maker,
date of the decision, applicable code provisions
and the specific grounds for appeal. Upon receipt
of the notice of appeal, the city manager shall
schedule the appeal before the planning and
zoning board and transmit all documents, plans,
papers or other materials constituting the record
upon which the action appealed from was taken.
(c) The planning and zoning board shall be
required to review all administrative appeals
and make a recommendation to the city commis-
sion.
(d) Upon receipt of the planning and zoning
board's recommendation, the city commission
shall make a final decision on the administrative
appeal. If the city commission determines that
the planning and zoning board has not made a
recommendation on an administrative appeal
within a reasonable period of time, the city
commission may, at its discretion, consider an
application without the planning and zoning
board's recommendation.
(e) Review of administrative decisions shall
be based on the following criteria:
(1) Whether the applicant was properly
afforded procedural due process;
(2) Whether the decision under review is
supported by competent, substantial
evidence; and
§ 20-30
(3) Whether the decision under review
complied with applicable law, including a
proper interpretation of any provision
under this chapter.
(f) The city commission shall have the right to
reverse or affirm, wholly or in part, or may
modify the order, requirement, decision or
determination as ought to be made, and to that
end, shall have all the powers of the officers from
whom the appeal is taken.
(Ord. No. 2004-49, § 2, 12-13-04; Ord. No.
2010-0% § 2, 4-26-10)
Sec. 20-36. Expiration of conditional use,
variance and waiver approvals.
(a) Any conditional use, variance or waiver
approved by the city commission under this
Division shall expire two (2) years after the
effective date of such approval by the city com-
mission, unless a building permit based upon
and incorporating the conditional use, variance,
or waiver is issued by the city within said time
period. Upon written request of the property
owner, the city commission may extend the
expiration date, without public hearing, an
additional six months, provided the property
owner demonstrates good cause for the exten-
sion. In addition, if the aforementioned building
permit is timely issued, and the building permit
subsequently expires and the subject develop-
ment project is abandoned or discontinued for a
period of six months, the conditional use, vari-
ance or waiver shall be deemed expired and null
and void.
(b) The city commission hereby finds that
there may be one or more unexpired conditional
use, variance, or waiver permits previously
granted by the City that may have never been
acted upon or abandoned by the property owner.
The city commission finds that these unexpired
permits may now be detrimental to the public
health, safety, and welfare of the community due
to changed circumstances in the surrounding
neighborhood and changes in law. Therefore, the
provisions of this section shall apply retroactively
to any unexpired conditional use, variance, and
waiver previously granted by the city commis-
sion. It is the intent and purpose of this subsec-
Supp. No. 22 1321
WINTER SPRINGS CODI;
tion to void any previously granted conditional
use, variance, and waiver permit that does not
comply with the provisions of this section and to
require the property owner to reapply, under
current circumstances, for said permit should
the property owner desire or need said permit.
(Ord. No. 2004-49, § 2, 12-13-04)
Sec. 20-37. Limited administrative waiv-
ers.
(a) Authorization by city manager. Waivers to
the adopted land development regulations set
forth in this chapter may be authorized
administratively by the city manager or designee,
subject to the procedures and limitations of this
section. Designees under this section may be
approved by city manager by written ndMini01•s-
tive order.
(b) Waivers subject to administrative review
and approval.
(1) Administrative waivers may be considered
for height, area, or size of a structure;
and/or distance requirement, size of yard
and open space requirements of an
applicable zoning district. Administra-
tive waivers shall not exceed ten percent
(10%) of the applicable requirement.
The city manager may authorize the
administrative review and approval of a
waiver when a property owner clearly
demonstrates:
a. The waiver is necessary, as a condi-
tion of city permit approval, to allow
the reasonable use of the subject
property and any proposed or exist-
ing improvements thereon; and
b. Such waiver will not: (i) have more
than a de minimus impact on the
subject property and surrounding
area; (ii) be contrary to the public
interest; (iii) be incompatible with
the surrounding area; (iv) have an
adverse effect on the neighborhood
or general welfare of the area; and
(v) have the effect of nullifying the
intent and purpose of any applicable
provision of this chapter.
Supp. No. 00 1322
(c) Application submittal and fee. Application
for an administrative waiver shall be made on a
form provided by the community development
department and shall be accompanied by an
application fee established by the city. As part of
the application, the city manager reserves the
right to require a signed affidavit (submitted on
a form prepared by the city) from all abutting
property owners indicating no objection to the
requested waiver. In such case, failure of the
applicant to obtain signatures of all abutting
property owners will constitute a basis for deny-
ing the application. For the purpose of this
section, the term "abutting" shall include those
properties directly across a road.
(d) Conditions. The city manager may prescribe
appropriate conditions and safeguards to ensure
that the purposes of this section, chapter and
other applicable regulations set forth in the City
Code are carried out, and to ensure that the
waiver granted is the minimum necessary to
allow reasonable use of the land and improve-
ments.
(e) Further action . Applications approved by
the city manager under this section shall be
deemed final. However, a denial of a request for
an administrative waiver by the city manager
shall be considered a non -final order of the city
and shall not be appealable. Applications denied
under this section shall not preclude an applicant
from requesting a variance or waiver from the
city commission pursuant to other applicable
provisions of this chapter. In such cases, the
applicant shall submit a formal application for a
variance or waiver consistent with the require-
ments set forth in this chapter, and decisions
made on such applications shall be deemed final
and subject to appeal in a court of competent
jurisdiction.
(Ord. No. 2015-19, § 2, 9-1445)
Secs. 20-38-20-50. Reserved,
ZONING
DIVISION 2. PLANNING AND ZONING
BOARD*
Sec. 20-51. Created.
There is hereby created a planning and zoning
board for the city.
(Ord. No. 44, § 44.04, 1-8-68)
Sec. 20-52. Composition, appointment of
members.
The planning and zoning board shall consist of
We (5) members having designated seats one (1)
through five (5) with such numbers correspond-
ing with the commission seat. Each member
shall be a citizen and registered voter of the city
and each appointment by the respective commis-
sion member occupying the corresponding
numbered seat shall be subject to commission
ratification.
(Ord. No. 44, § 44.05, 1-8-68; Ord. No. 156, § 2,
9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80)
Sec. 20-53. Term; filling vacancies; removal
of members.
Each member appointed shall serve as provided
in Chapter 2 of the City Code. Vacancies on the
board may be filled by the commission member
whose seat number corresponds with the vacant
planning and zoning board seat subject to com-
mission ratification. If any commissioner fails to
appoint a member within two (2) regularly
scheduled commission meetings after a vacancy
occurs or a term expires, that seat will be filled
by the mayor, subject to the ratification by city
commission. Members shall be subject to removal
from office as provided in Chapter 2 of the City
Code.
(Ord. No. 44, § 44.06, 1-8-68; Ord. No. 156, § 2,
9-12-77; Ord. No. 214, §§ 1, 2, 543-80; Ord. No.
259, § 1, 1-26-82; Ord. No. 2002-28, § 5, 9-23-02)
Sec. 20-54. Reserved.
Editor's note -Ord. No. 2002-28, § 2, adopted Sept. 23,
2002, repealed former section 20-54 in its entirety which
pertained to the appointment of the chairman and vice -
Cross reference -Boards, committees, commissions,
§ 2-41 et seq.
chairman of the planning and zoning board and derived from
Ord. No. 44, § 44.07, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord.
No. 214, §§ 1, 2, 5-13-80,
Sec. 20-55. Compensation; allowances for
expenses incurred in
performance of duties.
Members of the planning and zoning board of
the city shall be reimbursed from the city treasury
to cover the expenditures naturally and neces-
sarily incurred by them and that such reimburse-
ment for expenses shall be established by
resolution.
(Ord. No. 44, § 44.08, 1-8-68; Ord. No. 219, § 1,
7-8-80)
Sec. 20-56. Meetings; quorum; records to
be kept.
The planning and zoning board shall meet at
least once each calendar month at a time set by
its members. A special meeting may be called at
any time by the chairman or any three (3) of its
members if the need should arise. Three (3)
members shall constitute a quorum. No action
by the planning and zoning board, except a vote
to adjourn or to continue a matter to a subsequent
date, shall be valid or binding unless adopted by
affirmative vote of three (3) or more members of
the board. Complete records of all proceedings
shall be kept.
(Ord. No. 44, § 44.09, 1-8-68; Ord. No. 173, § 2,
9-8-78; Ord. No. 259, § 2, 1-26-82)
Sec. 20-57. Duties; general.
(a) It shall be the duty of the planning and
zoning board to:
(1) Recommend to the city commission the
boundaries of the various original zoning
Supp. No. 00 1322.1
§ 20-J I WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 22 13222
ZONING
(44) Interior decorating and draperies;
(45) Jewelry stores;
(46) Launderettes and Laundromats;
(47) Libraries;
(48) Loan companies;
(49) Locksmiths;
(50) Luggage shops;
(51) Medical and dental clinics and
laboratories;
(52) Micro -breweries and micro -wineries;
(53) Nurseries, plants, trees, etc., retail (includ-
ing outdoor display and sales);
(54) Offices, professional and business;
(55) Outdoor advertising signs sales offices;
(56) Paint store;
(57) Parking garages;
(58) Pet shops and grooming;
(59) Photographic studios;
(60) Post office;
(61) Private clubs and lodges;
(62) Public and government services;
(63) Radio and TV sales and service;
(64) Religious assembly;
(65) Rental shops;
(66) Retirement homes;
(67) Restaurants and outdoor dining; cafes;
(68) Reserved;
(69) Shoe repair shops;
(70) Skating rinks;
(71) Sporting goods, retail;
(72) Swimming pool sales, service and sup-
plies;
(73) Tailoring shops;
(74) Taxidermists;
(75) Telephone business office and exchanges
and telemarketers (No dispatch);
(76) Title companies;
(77) Tobacco shops;
(78) Toy stores;
(79) Travel agencies;
(80) Wearing apparel stores;
(81) Public recreational facilities.
(b) Outdoor display and/or sales are prohibited
except by conditional use.
(Ord. No. 44, § 44.47, 1-8-68; Ord. No. 264, § 1,
7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No.
2002-07, § 4, 7-8-02; Ord. No. 2004-28, § 2,
7-12-04; Ord. No. 200449, § 2, 12-13-04; Ord,
No. 2006-19, § 2, 11-13-06; Ord. No. 2014-09, § 2,
4-28-14)
Sec. 20-233. Reserved.
Editor's note -Ord. No. 2003-36, § 5, adopted Oct. 13,
2003, repealed former section 20-233 in its entirety which
pertained to nonconforming uses and derived from Ord. No.
44, § 44.47.1, Jan. 8, 1968; Ord. No. 264, § 1, July 13, 1982,
Sec. 20-234. Conditional uses.
(1) Amusement and recreational parks and
centers (including golf driving ranges, miniature
golf courses, billiard halls, children's play centers,
bowling alleys and similar uses), excluding public
recreational areas and facilities which shall be
permitted under section 20-232(81);
(2) Animal hospitals and veterinary clinics
with outside kennels;
(3) Car wash;
(4) Convenience markets and stores and self-
service gasoline sales;
(5) Mortuaries and funeral homes.
(6) Schools.
(7) Daycare centers.
y (8) Amultiple-familresidential use that was
lawfully approved and permitted as a conditional
use by the City prior to the effective date of Ord.
No. 2015-15 [January 25, 2016] shall be considered
a lawful, conforming use subject to all applicable
conditions and requirements imposed by the city
when said use was previously permitted.
(Ord. No. 44, § 44.48, 1-8-68; Ord. No. 240, § 8,
5-26-81; Ord. No. 2004-28, § 2, 7-12-04; Ord. No.
Supp. No. 99 1002.1
§ 20-234 WINTER SPRINGS CODE
2006-19, § 2, 11-13-06; Ord. No. 2013-08, § 2, DIVISION 8. C-2 GENERAL COMMERCIAL
8-12-13; Ord. No. 2014-09, § 2, 4-28-14; Ord. No. DISTRICT
2015-15, § 2, 1-25-16)
Sec. 20-251. In general.
Sec. 20-235. Building height regulations.
In C-1 Neighborhood Commercial Districts,
the building height shall not exceed fifty (50)
feet.
(Ord. No. 44, § 44.49, 1-8-68)
Sec. 20-236. Overlay district regulations.
Overlay district regulations may apply.
(Ord. No. 44, § 44.50, 1-8-68; Ord. No. 2004-28,
§ 2, 7-12-04)
Sec. 20-237. Bulk regulations.
ft.
(1) Minimum front setback: Twenty-five (25)
(2) Minimum rear and side setback: Fifteen
(3) The total impervious surface area shall
not exceed seventy-five (75) percent of the total
site.
(Ord. No. 44, § 44.51, 1-8-68; Ord. No. 2004-28,
§ 2, 7-12-04)
Sec. 20-238. Off-street parking regulations.
Section 9-276 et seq. as to off-street parking
regulations in C-1 Neighborhood Commercial
Districts shall apply.
(Ord. No. 44, § 44.52, 1-8-68)
Sec. 20-239. Reserved.
Editor's note —Ord. No. 2000-07, § 2, adopted May 8,
2000, repealed former § 20-239 in its entirety which pertained
to the requirement of a wall between commercial and
residential developments and derived from Ord. No. 710,
§ II, adopted Jan. 11, 1999.
Secs. 20-240-20-250. Reserved.
The lands of the C-2 General Commercial
District are to be used by a variety of commercial
operations which serve the commercial needs of
the community. The purpose of this district is to
permit the normal operation of the majority of
general commercial uses under such conditions
of operation as will protect abutting residential
and other noncommercial uses, minimize the
interruption of traffic along adjacent
thoroughfares, promote aesthetic and architectural
harmony, attractiveness, and compatibility within
the community, and abide by the performance
and development standards of the city, county,
state and U.S. government. This district is
intended for lands adjacent to or easily serviced
by collector and major arterial roads adaptable
to higher traffic generating general commercial
CUE
(Ord. No. 44, § 44.53, 1-8-68; Ord. No. 2002-07,
§ 3, 7-8-02)
Sec. 20-252. Uses permitted.
Within C-2 General Commercial District, no
building, structure, land or water shall be used
except for one (1) or more of the following uses:
(1) Any permitted use allowed in C-1
Neighborhood Commercial Districts;
(2) Automotive sales;
(3) Automotive renting and leasing;
(4) Automotive tires;
(5) Baker, wholesale;
(6) Boat sales;
(7) Building and plumbing supplies;
(8) Bus terminal;
(9) Cold storage and frozen food lockers;
(10) Convenience markets and stores;
(11) Cultural institutions (such as museums
and art galleries;
(12) Feed stores;
(13) Offices, professional and business;
Supp. No. 22 1332.2
(14) Gas, bottled;
(15) Grocers, wholesale;
(16) Ice, wholesale;
(17) Industrial trade, professional and
vocational schools, not involving opera-
tions of an industrial nature;
(18) Full -service gas stations, as an accessory
use to a convenience store and satisfying
any distance requirement established by
City Code;
(19) Veterinarian and accessory kennels;
(20) Laboratories for testing materials and
chemical analysis of a nonindustrial
nature;
(21) Lumber and building supplies in an
enclosed building or structure;
(22) Mobile home sales;
(23) Movers;
(24) Nurseries, plants, trees; wholesale;
(25) Home and general commercial Pest control
(exterminating) of a nonindustrial nature;
(26) Printers, commercial;
(27) Public and government services;
(28) Recreational vehicles;
(29) Swimming pool contractors, equipment
storage;
(30) Taxicabs;
(31) Wholesale meat and produce distribu-
tors.
(32) Automotive boat/manufactured home
minor service and minor repair establish-
ments (including filling stations, repair
garages and similar non -intense uses),
provided that all activity shall be
conducted within a completely enclosed
building and there is no outdoor storage
of any kind;
(33) Radio and television studios and offices.
(34) Outdoor storage facility specifically
designed for the parking and storage of
vehicles, equipment, goods and materi-
als, provided said storage occurs on real
§ 20-254
property located adjacent to a state col-
lector road and within and adjacent to an
ct eleric transmission line right-of-way/
easement, and railroad track right-of-way/
easement. Said facility shall be subject
to the supplemental regulations set forth
in section 20-256.
(35) A single warehouse building not to exceed
twenty-seven thousand (27,000) square
feet and twenty-five (25) feet in height,
provided the warehouse building is located
adjacent to a functional railroad line and
used in conjunction, in whole or in part,
with the storage of products that are
unloaded from railroad lines for wholesale
or retail sale. No outdoor storage of
products and materials shall be permit-
ted unless expressly authorized by City
Code. Said warehouse shall be subject to
the supplemental regulations set forth in
section 20-256.
(36) Mortuaries and funeral homes.
(Ord. O. 447 § 44.54, 1-8-68; Ord. No. 265, § 1,
7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No.
2001-50, § 2, 10-22-01; Ord. No. 2002-07, § 3,
7-8-02; Ord. No. 2004-28, § 2, 7-12-04; Ord. No.
2008-10, § 2, 8-11-08; Ord. No. 2013-08, § 2,
8-1243)
Sec. 20-253. Building height regulations.
N
o building or structure shall exceed fifty (50)
feet in height.
(Ord. No. 44, § 44.55, 1-8-68; Ord. No. 2004-28,
§ 2, 7-12-04)
Sec. 20-254. Conditional uses.
(1) Amusement and recreational parks and
centers (including golf driving ranges, miniature
golf courses, billiard halls, children's play centers,
bowling alleys, and similar uses);
(2) Automotive/boat/manufactured home major
service and major repair establishments (includ-
ing body repairs and painting and similar heavy
type uses);
(3) Car wash;
(4) Halfway houses, group homes, and similar
uses;
Supp. No. 99 1033
WINTER SPRINGS CODE
(5) Small-scale cabinet makers, furniture from public streets, the following
assembly, and woodworking shops (not to exceed minimum standards shall apply: (i) no
2,500 sq. ft.); vehicle, equipment, goods, or materials
(6) Small-scale clothing manufacturing (not in excess of ten (10) feet in height shall
be stored along or adjacent to the ten (10)
to exceed 2,500 sq. ft.); foot decorative masonry wall; and (ii) no
(7) Schools. vehicle, equipment, goods or materials
shall be stored on the real property in
(8) Amultiple-family residential use that was of thirteen and one-half (13'/2)
lawfully approved and permitted as a conditional feet excess s height.
use by the City prior to the effective date of Ord.
No. 2015-15 [January 25, 20161 shall be considered (2) The following vehicles and equipment
a lawful, conforming use subject to all applicable may be stored on the property;
conditions and requirements imposed by the a. Any vehicle permitted within a
City when said use was previously permitted.
residential zoning category as more
(Ord. No. 2002-07, § 3, 7-8-02; Ord. No. 2004-28,
specifically provided in section
§ 2, 7-12-04; Ord. No. 2013-08, § 2, 8-12-13; Ord. 20-434.
No. 2014-09, § 2, 4-28-14; Ord, No. 2015-15, § 2,
1-25-16) b. No more than twelve (12) spaces
shall be allowed for over the road
Sec. 20-255. Bulk regulations, type semi tractors and/or tractor
trailers designed with fifty wheel
(1) Minimum front setback: '[4venty-five (25)
auLaclinien' co npopieyrts, loaded or
fte unloaded, attached together or unat-
(2) Minimum side and rear setback: Fifteen tached, in any of the twelve (12)
(15) ft. spaces. No more than one (1)
attached or unattached over the
(3) The total impervious surface area shall road semi tractor/trailer unit shall
not exceed seventy-five (75) percent of the total be allowed in any one (1) space.
site.
(Ord. No. 2004-28, § 2) 7-12-04) c. Boats, boat trailers, water craft,
residential vehicles, motor homes,
Sec. 20-256. Supplemental outdoor storage travel trailers and equine trailers.
and warehousing requirements. d. Take home "on call" repair and
In addition to other applicable provisions of service vehicles that are operated
the City Code and other requirements imposed by persons off duty, but in an "on
by the city in accordance with the city's develop- call" work status for responding to
ment review process (including site plan review),
emergencies.
open storage uses under this division shall also e. Vintage, classic or other vehicles
be subject to the following requirements: which are awaiting or undergoing
(1) Outdoor storage shall be screened from restoration provided that the restora-
streets by a ten (10) foot decorative tion work is not performed on the
masonry wall with any gates being opaque. property, the vehicle is fully in tact,
Any automobile, boat, boat trailer, and the vehicle is not stored for a
watercraft, motor home, travel trailer, period of more than one (1) year.
equine trailer, recreational vehicle, and f. Service vehicles and equipment
other vehicle and equipment, materials which are necessary for the opera -
and goods stored under this division tion and maintenance of the uses
shall not be visible from any public col- expressly authorized on the property
lector road. In order to prevent visibility by City Code.
Supp. No. 22 1334
ZONING
g. Construction vehicles and equip-
ment stored on a trailer, provided
§ 20-2Do
Supp. No. 22 1335
§ 20-256 WINTER SPRINGS CODI;
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 22 1336
ZONING
Sec. 20-323. Permitted uses.
TI
T2
T3
14
T5
ClP
Administrative public buildings
P
P
P
Adult congregate living facility
SE
SE
SE
Advertising agencies
SE
P
P
Alcoholic beverage sales (package)
P
P
Alcoholic beverage on -premises
consumption
P
P
Alterations and tailoring
P
P
P
Amusement enterprises, private com-
mercial
SE
SE
Antique and gift shop
P
P
P
Appliances, sales and service
P
P
Artists' studios
P
P
P
Automobile Repair Shops (routine
service)
SE
Automotive accessories sales
SE
SE
Bakery, wholesale and retail
P
P
P
Bed and breakfast inn
P
P
P
Bicycles, sales and service
P
P
P
Bookkeepers
P
P
P
Bookstores, stationery, newsstands
P
P
Bus terminal (exclusive of bus stops)
SE
Bridal shops
P
P
Butcher shop, retail only
P
P
P
Carpets, rugs and linoleum
P
P
Churches (with or without
educational and recreational build-
ings and facilities)
SE
SE
SE
SE
SE
Cleaners (Retail)
P
P
P
Coin dealers
P
P
P
Computers, hardware and software
sales and service
P
P
P
Confectionery and ice cream stores
P
P
P
Convention center
SE
P
P
Corner store or neighborhood
convenience store without gas pumps
P
P
P
Corner store or neighborhood
convenience store with gas pumps
SE
Dance and music studios
P
P
P
Day care centers
SE
SE
SE
Drug and sundry stores
P
P
Dry cleaner
P
P
Equestrian facilities
SE
SE
SE
Employment agencies
P
P
Financial institutions, banks, savings
and loan
SE
SE
Florist and gift shops
P
P
P
Furniture, retail, new and used
P
P
Gas Stations
SE
SE
Grocers, retail and wholesale
SE
P
P
Gun shop (retail, no gun range)
SE
P
P
Hair, nail and tanning salons
P
P
P
Hardware stores
P
P
Health food
P
P
P
Hobby and craft shops
P
P
P
Home occupations
P
P
P
Supp. No. 22 1342.15
WINTER SPRINGS CODE
TI
T2
T3
T4
T5
C/P
Hospitals and nursing homes
SE
SE
Hotel
P
Inn
P
P
Insurance
P
P
P
Interior decorating and draperies
P
P
P
Jewelry stores
P
P
P
Launderettes and Laundromats
SE
SE
Libraries
P
P
P
Loan companies
SE
SE
Locksmiths
P
P
P
Luggage shops
P
P
P
Manufacturing and assembly of
scientific and optical precision instru-
ments
SE
P
P
Medical clinics and laboratories
P
P
Municipal buildings
SE
SE
SE
P
Museums and/or cultural institutions
SE
P
P
Nurseries, plants, trees, etc., retail
SE
SE
SE
SE
Offices
Paint store
P
P
P
P
P
P
Parking garages, standalone
SE
SE
P
Parks (public) and public recreation
areas and facilities
P
P
Pet shops and grooming
Photographic studios
P
_ ___._
P
P
--------
P
P
P
Physical fitness and health clubs
P
P
Post office (federal government)
SE
SE
P
Printers, commercial
SE
Private clubs and lodges
SE
P
P
Public restrooms
P
Public utilities and service structures
SE
SE
SE
SE
SE
SE
P - Permitted Use
SE - Special Exception required
Quick printers
P
P
Radio and TV broadcasting studios,
excluding towers
P
P
Radio and TV sales and service
P
P
Reception facilities (meeting rooms,
etc.)
P
P
P
Rental stores, excluding auto/truck
rentals
P
P
P
Retirement homes, including
independent living through assisted
living
SE
SE
SE
Residential, single family (attached)
P
P
P
Residential, single family (detached)
P
P
SE
Residential, multifamily
SE
SE
Restaurants
P
P
P
Schools
SE
SE
SE
Shoe repair shops
P
P
P
Sidewalk cafes
P
P
P
Skating rinks
SE
SE
SE
Snack shops
P
P
P
Sporting goods, retail
P
P
P
Stadiums and arenas
SE
SE
Swimming pools; sales, service and
supplies
SE
SE
SE
Supp. No. 22 1342.16
ZONING
TI
T2
T3
T4
T5
C/P
Tailoring shops
P
P
P
Taxidermists
SE
SE
Theaters, not drive-ins
SE
P
P
Title companies
SE
P
P
Tobacco shops
SE
SE
Town Center marketing and sales
P
P
P
P
center
Toy stores
P
P
P
Trail heads
P
P
P
P
P
P
Travel agencies
P
P
P
Veterinary clinics (no overnight
SE
SE
boarding)
Wearing apparel stores
P
P
P
Any other similar retail store or busi-
SE
SE
SE
SE
ness enterprise permitted in the
relevant transect, provided the
proposed use is not specifically
limited to a different Town Center
transect or some other zoning district
within the city and provided a special
exception is approved by the city
commission. Approved special excep-
tions may be conditioned upon a
required development agreement at
the discretion of the City Commission
to address development terms and
conditions related to the approved
special exception use.
P—Permitted by right.
SE —Special exception required
Supp. No. 22 1342.17
WINTER SPRINGS CODE
Main Street (Tuscawilla Road): Winter Springs Town Center
(Ord. No. 2012-06, § 2, 3-12-12; Ord. No. 2014-09, § 2, 4-2844; Ord, No. 2016-07, § 2, 44146; Ord, No
2016-072 § 2(Exh. A), 44146
Sec. 20-324. General provisions.
The following general provisions apply to all street types.
(1) Corner radii and clear zones. Corner curb radii shall be between nine (9) feet and fifteen (15)
feet, with the following permitted exceptions: 1) where a curb radius must be larger in order to
meet the minimum requirements to obtain a required permit from another agency (FDOT,
Seminole County, etc.); and 2) where the fire marshal has determined that a larger curb radius
must be provided. Fairly tight turning radii shorten pedestrian crossings and inhibit reckless
drivers from turning corners at high speeds. To allow for emergency vehicles (e.g., fire trucks)
to turn corners, a twenty -five-foot radius clear zone shall be established free of all vertical
obstructions including but not limited to telephone poles, sign poles, fire hydrants, electrical
boxes, or newspaper boxes.
Supp. No. 22 1342.18
ZONING
jig Toys;
kk. Vehicle accessories and parts;
11. Window coverings;
(2) Catering.
(3) Equipment service and installation.
(4) Landscaping services.
(5) Offices and studios including:
a. Advertising and marketing;
b. Artists, such as painters, sculptors,
and craftmakers;
c. Auctioneers;
d. Consultants;
e. Contractors;
f. Graphic arts, design;
g. Mail order addressing;
h. Musicians;
i. Photography;
j. Radio and television;
k. Real estate brokers;
1. Telephone sales solicitors;
m. Utility management services;
n. Vehicle brokers or agents;
o. Wholesale sales and distribution;
and
p. Wrecker and towing service.
(6) Packing and shipping services.
(7) Paint stores.
(8) Printing, bookbinding, engraving, and
publishing plants.
(9) Public and governmental services and
facilities.
(10) Record management, data processing
services, data storage facilities.
(11) Research, development, and laboratory
facilities.
(12) Testing of materials, equipment, and
products.
(13) Technical and trade instruction.
§ 20-345.3
(14) Vehicle repair (does not include body
work or painting).
(15) Vehicle upholstery.
(16) Window tinting.
(17) Warehousing and storage in enclosed
buildings or structures (including cold
storage and frozen food lockers).
(18) Wholesale sales and distribution.
(19) Retail sales directly associated with a
permitted use authorized by this Section,
provided the retail sales are ancillary,
secondary, and incidental to the permit-
ted use.
(20) Crematories.
(Ord. No. 2004-02, § 2, 2-9-04; Ord. No. 2013-08,
§ 21 8-12-13)
Sec 20-345.2. Building height restrictions.
No building or structure shall exceed thirty-
five (35) feet.
(Ord. No. 2004-02, § 2, 2-9-04)
Sec. 20-345.3. Conditional uses.
(1) Automotive/boat/manufacturedhnmajor
service and major repair establishments (includ-
ing body repairs and painting and similar heavy
type uses) provided that all activity shall be
conducted within a completely enclosed building
anI there is no outdoor storage of any kind;
(2) Halfway houses, group homes, and similar
uses;
(3) Light manufacturing, processing, assembly
and/or wholesale distribution, provided that all
activity shall be conducted within a completely
enclosed building (tenant space not to exceed
10,000 sq. ft.) and there is no outdoor storage of
any kind;
(4) Mortuary and funeral homes;
(5) Outside storage if screened from streets
and adjacent properties by an eight -foot masonry
wall with any gates being opaque;
(6) Pawn shops;
Supp. No. 22 1347
§ 20-345.3
WINTER SPRINGS CODE
(7) Retail commercial and commercial outlets
exceeding fifty thousand (50,000) sq. ft.;
(8) Seasonal or temporary outdoor display
and/or sales (such as Christmas tree lots, etc.);
(9) Daycare centers;
(10) Schools;
(11) Amultiple-family residential use that
was lawfully approved and permitted as a
conditional use by the city prior to the effective
date of Ord. No. 2015-15 [January 25, 20161
shall be considered a lawful, conforming use
subject to all applicable conditions and require-
ments imposed by the city when said use was
previously permitted.
(Ord. No. 2004-02, § 2, 2-9-04; Ord. No. 2011-06,
on T c n nr n\
,' G) V-G I'll, Vlll. VV. GV1iJ-1J, g G, 1-GJ-1VJ
Sec. 20-345.4. Bulk regulations.
(1) All uses shall be maintained within an
enclosed permanent building with no outside
storage, unless permitted by conditional use.
(2) Maximum tenant area: Seven thousand
five hundred (7,500) square feet.
(3) Minimum front setback: Twenty-five (25)
feet.
(4) Minimum side and rear setback: Fifteen
(15) feet.
(Ord. No. 2004-02, § 2, 2-9-04; Ord. No. 2011-06,
§ 2, 6-2741)
DIVISION 15. C-3 HIGHWAY 17-92
COMMERCIAL DISTRICT
Sec. 20-346. In general.
The lands of the "C-3 Highway 17-92 Com-
mercial" District are particularly oriented to a
wide variety of commercial and professional
office uses which may generate excessive traffic
from clientele or capture large volumes of traffic
from adjacent thoroughfares. The purpose of this
district is to encourage and develop the normal
operation of general commercial land uses listed
here, under such conditions of operation as will
protect abutting residential and other noncom-
mercial uses, and promote aesthetic and
Supp. No. 99 1348
architectural harmony, attractiveness, and
compatibility within the community, and abide
by the performance and development standards
of the city, county, state and U.S. government.
This district is intended for lands adjacent to or
easily serviced by collector and major arterial
roads adaptable to higher traffic generating
general commercial uses. Areas of the city for
which this zoning category may be appropriate
are designated on the future land use map as
"commercial."
(Ord. No. 2004-28, § 3, 7-12-04)
Sec. 20-346.1. Uses permitted.
Within "C-3 Highway 17-92 Commercial"
District, no building, structure, land or water
shall be used excepu for one (i) or more of clie
following uses:
(1) Any use permitted in the C-1 Neighbor-
hood Commercial District;
(2) Amusement and recreational parks and
centers (including golf driving ranges,
miniature golf courses, billiard halls,
children's play centers, bowling alleys
and similar uses);
(3) Automotive boat/manufactured home
minor service and minor repair establish-
ments (including filling stations, repair
garages and similar non -intense uses),
provided that all activity shall be
conducted within a completely enclosed
building and there is no outdoor storage
of any kind;
(4) Automotive and vehicular retail sales;
rental and leasing;
(5) Baker, retail and wholesale (including
coffee roasting);
(6) Big box retail;
(7) Boat sales;
(8) Bus terminal;
(9) Car wash;
(10) Cold storage and frozen food lockers;
ZONING
(11) Contractors (provided that all activity
and storage shall be conducted within a
completely enclosed building and there is
no outdoor storage of any kind);
(12) Convenience markets and stores and self-
service gasoline sales;
(13) Corporate headquarters and office parks;
(14) Equipment rental;
(15) Gas, bottled;
(16) Grocers, retail and wholesale;
(17) Gas stations (full service), as an acces-
sory use to a convenience store and satisfy-
ing any distance requirement established
by City Code;
(18) Indoor public storage;
(19) Industrial trade, professional and
vocational schools, not involving opera-
tions of an industrial nature;
(20) Laboratories for testing materials and
chemical analysis of a non -industrial
nature;
(21) Landscaping services; nurseries, plants,
trees;
(22) Lumber, building, and home improve-
ment supplies in an enclosed building or
structure;
(23) Motels and hotels;
(24) Movers;
(25) Pest control (exterminating) of a non-
industrial nature;
(26) Printers, commercial;
(27) Radio and television studios and offices;
(28) Recreational vehicles sales and service;
(29) Research development and service facili-
ties;
(30) Retail commercial and commercial outlets
not exceeding 50,000 sq. ft.;
(31) Showrooms;
(32) Theaters, not drive-ins.
(Ord. No. 2004-28, § 37 7-12-04)
§ 20-3go.o
Sec. 20-346.2. Building height regulations.
No building or structure shall exceed fifty (50)
feet in height.
(Ord. No. 2004-28, § 3, 7-12-04)
Sec. 20-346.3. Conditional uses.
(1) Automotive/boat/manufacturedhnme major
service and major repair establishments (includ-
ing body repairs and painting and similar heavy
type uses) provided that all activity shall be
conducted within a completely enclosed building
and there is no outdoor storage of any kind;
(2) Halfway houses, group homes, and similar
uses;
(3) Light manufacturing, processing, assembly
and/or wholesale distribution, provided that all
activity shall be conducted within a completely
enclosed building (tenant space not to exceed
10,000 sq. ft.) and there is no outdoor storage of
any kind;
(4) Mortuary and funeral homes;
(5) Outside storage if screened from streets
and adjacent properties by an eight -foot masonry
wall with any gates being opaque;
(6) Pawn shops;
(7) Retail commercial and commercial outlets
exceeding fifty thousand (50,000) sq. ft.;
(8) Seasonal or temporary outdoor display
and/or sales (such as Christmas tree lots, etc.);
(9) Daycare centers;
(10) Schools.
(11) Amultiple-family residential use that
was lawfully approved and permitted as a
conditional use by the City prior to the effective
date of Ord. No. 2015-15 [January 25, 20161
shall be considered a lawful, conforming use
subject to all applicable conditions and require-
ments imposed by the city when said use was
previously permitted.
(Ord. No. 2004-28, § 3, 7-12-04; Ord, No. 2014-
09, § 2, 4-28-14; Ord. No. 2015-15, § 2, 1-25-16)
Supp. No. 00 1349
§ 20-346.4
Sec. 20-346.4. Bulk regulations.
WINTER SPRINGS CODE
(1) All uses shall be maintained within an
enclosed permanent building with no outside
display, sales, or storage unless stated otherwise
or permitted by conditional use.
ft.
(2) Minimum front setback: Twenty -live (25)
(3) Minimum rear setback: Fifteen (15) ft.
(4) Minimum side setback: Five (5) ft.; side
corner lot: Fifteen (15) ft.
(5) The total impervious surface area shall
not exceed seventy-five (75) percent of the total
site.
(Urd. 1v0. 2U04-2LS, 3, 7-12-U4)
Secs. 20-347-20-350. Reserved.
Sec. 20-351. Intent and purpose of district.
The intent and purpose of the planned unit
development ("PUD") district are to accomplish,
through a master plan with an appropriate mix
of uses, a more desirable environment and efficient
land use pattern than would be possible through
a strict application of Euclidian zoning, while
adhering to the provisions of the comprehensive
plan and applicable federal and state regula-
tions. The purpose of the PUD is further defined
to:
(a) Allow a more flexible management
structure for the efficient, orderly, and
sustainable integration of uses, consistent
with and complementary to their context
within the community;
'Editor's note —Ord. No. 2011-02, § 2, adopted May 9,
2011, repealed former Art. IV, §§ 20-351-20-362, 20-376-
20-389, in its entirety and enacted new provisions as herein
set out. Former Art. IV pertained to similar subject matter
and derived from Ord. No. 367, § 1, 5-11-87; Ord. No.
2006-19, § 2, 11-13-06; Ord. No. 2007-29, § 2, 12-10-07;
2010-08,§ 5110-25-10.
Supp. No. 00 1350
(b) Create a greater sense of place, com-
munity, and neighborhood identity,
through superlative urban design and
innovation;
(c) Provide a development plan that is
compatible with and complements the
surrounding community, creating a safe
inviting environment, a sense of place,
and neighborhood cohesiveness;
(d) Maintain, enhance, and preserve salient
or otherwise significant existing natural
features, by identifying these features
and designing the project to incorporate
them as view -sheds, terminating vistas,
focal points, and/or other scenic ameni-
ties;
(e) I rovide the greatest choice of realistic,
safe, functional, interconnected, and
convenient multi -modal transportation
options within the PUD and with the
currolindinb areno,6
(f) Limit urban sprawl, greenhouse gas emis-
sions, stormwater runoff, and vehicle miles
traveled;
(g) Provide economically efficient means for
delivery of government services and
infrastructure;
(h) Provide a mix of housing designed in
pedestrian scale neighborhood unit incre-
ments;
(i) Incorporate energy and water efficient
land use patterns and technologies beyond
the minimums required by state law or
the Florida Building Code;
(j) Promote positive interaction among and
between uses and, where residential is
included, the use of residential housing
types that could not readily be
accomplished through Euclidean zoning;
(k) Incorporate crime prevention through
environmental design (CPTED) principles
compatible with the pedestrian -oriented
design; and
(1) Further the goals, objectives and policies
of the comprehensive plan.
(Ord. No. 2011-02, § 2, 5-9-11)
ZONING
Sec. 20-352. Development Agreement and
Master Plan.
(a) Development agreement. The PUD zoning
district requires the review, approval, execution
and recording of a development agreement
between the applicant and city commission. No
site work, other than that normally associated
with surveying and soil boring, may be initiated
prior to recordation of such development agree-
ment, although demolition of structures, wells,
and/or septic systems or hazardous materials
cleanups may be permitted if not otherwise
prohibited by this Code.
(b) Master plan. The PUD zoning district
additionally requires the review and approval of
a master plan which is approved as an exhibit to
or by reference in a development agreement.
(c) Amendments. Proposed amendments to an
approved development agreement shall be
reviewed and approved in the same manner as
the approved development agreement. Proposed
amendments to an approved master plan shall
be considered an amendment to the approved
development agreement.
(Ord. No. 2011-02, § 2, 5-9-11)
Sec. 20-353. Standards for planned unit
developments.
(a) Unified control. At the time of application,
all properties within a proposed PUD shall be
under unified ownership or control, as
demonstrated by appropriate legal documents
submitted by the applicant. These documents
shall be reviewed for and are subject to a
determination of legal sufficiency by the City
Attorney.
(b) Minimum size. The minimum parcel size
for a PUD is ten (10) acres. All proposed develop-
ments which contain at least fifty (50) develop-
able acres inclusive of wetlands proposed to be
mitigated, except developments proposed to be
located within the Town Center or Greeneway
Interchange zoning districts, shall be located
within a PUD zoning district.
(c) Permissible
P
established within
Supp. No. 22
ermissible uses
uses, density, and intensity.
within the PUD shall be
the development agreement
consistent with the underlying future an use
designation(s) identified on the future land use
map of the comprehensive plan. There shall be
at least two (2) different uses within a new PUD,
anI at least one (1) of the uses shall be a
non-residential use. Nothing herein shall be
construed to abrogate specific use restrictions
set forth in this Code including the restrictions
set forth in Chapter 20, Article V, Supplemental
District Regulations. Home occupations shall be
permitted within the PUD subject to the provi-
sions of Chapter 20 and are not required to be
established within the development agreement.
Schools and daycare centers shall be subject to
conditional use permit requirements under the
City Code.
(d) Maximum density and intensity of develop-
ment. The density and intensity of development
within the PUD zoning district shall be established
within the development agreement consistent
with the maximum density and intensity allowed
within the property's future land use designa-
tion set forth in the Comprehensive Plan.
1350.1
(e) Size and dimensional regulations.
(1) The location, size, dimensions, and design
of yards, bung and parking setbacks,
vehicular access, loading and unloading
areas, accessory structures, and utility
areas (including, but not limited to,
permanent areas for dumpster enclosures,
utility infrastructure, stormwater manage-
ment facilities, outdoor storage of vehicles,
machines, and materials) shall be identi-
fied and set forth in the development
agreement and master plan, and/or
preliminary engineering plans for each
applicable portion of the planned unit
development.
(2) Existing PUDs.
a. Unless otherwise provided elsewhere
in the City Code or upon a plat of
record or in an active development
agreement approved by the city,
principal building setbacks for
property zoned PUD shall be as
follows:
§ 20-353 WINTER SPRINGS CODE
(i) Front yards. The on yard
shall not be less than twenty-
five (25) feet in depth;
Supp. No. 22 1350.2
ZONING
for some use on another vehicle; provided,
however, that a disabled vehicle shall not
be permitted to remain outside of a build-
ing for a period in excess of thirty (30)
days on any lot used for residential
purposes.
(Ord. No. 44, § 44.85, 1-8-68)
Sec. 20-434. Authorized commercial
vehicles in residential areas.
(a) One (1) commercial vehicle per dwelling
unit may be parked in residentially zoned districts
of the city provided:
(1) Said vehicle is not asemi-trailer truck
tractor or semi -trailer truck trailer;
(2) Said vehicle is not a stake body or flat
bed truck;
(3) Said vehicle is not construction -related
equipment such as a backhoe, front-end
loader, utility tractor, etc.;
(4) Said vehicle is not a vehicle of any type
used to transport hazardous materials as
defined by law;
(5) Said vehicle is not a utility trailer of
more than twelve (12) feet in length,
inclusive of tool boxes and other storage
areas, however exclusive of the tongue
hitch;
(6) Said vehicle is not a single or dual rear
wheeled vehicle in excess often thousand
eight hundred (10,800) pounds gross
vehicle weight, or twenty-two (22) feet in
length, or in excess of eight (8) ft. in
height.
(b) A homeowners association as defined in
the Florida Statutes, apartment complex, or
mobile home park may set aside common property,
owned by the association, complex, or park, as an
area set aside for the storage or parking of
commercial and/or recreational vehicles, provided
said area is fenced by an opaque fence not less
than six (6) feet in height that totally prevents
the viewing of said vehicles from surrounding
properties and roadways.
(Ord. No. 721, § 4, 6-28-99; Ord. No. 754, § 1,
12-6-99; Ord. No. 2003-24, § 2, 6-23-03; Ord. No.
2009-07, § 2, 7-27-09)
Sec. 20-435. Authorized commercial
vehicles in residentially zoned
districts.
Utility vehicles used to maintain the site of
one (1) acre or more and are adequately screened
so that they are not visible from an abutting
property or any rights -of -way are permitted; or
horse trailers of any length are permitted within
any parcel of one (1) acre or more within a
residentially zoned district that allows horses to
be kept provided that the trailers are not visible
from any rights -of -way or abutting property.
(Ord. No. 721, § 5, 6-28-99; Ord, No. 731, § 11
8-11-99)
Sec. 20-436. Authorized commercial
vehicles —Limited -term park-
ing permits.
(a) One (1) authorized commercial vehicle per
dwelling unit, as defined in section 20-434 above
and not to exceed ten (10) feet in height, may be
exempted from the garaging and fencing require-
ments of section 20-434 until July 2, 2001, if the
dwelling unit of the owner, user, or caretaker of
the authorized commercial vehicle does not have
a garage or fence capable of screening the vehicle
from view as provided in section 20434 provided
that the owner, user, or caretaker of the authorized
commercial vehicle shall have first acquired
from the city a limited term parking permit
which shall be clearly affixed upon the rear
window or rear panel of the authorized com-
mercial vehicle.
(b) Following the termination of the period of
the permit the commercial vehicle must comply
in all respects with section 20434 or be removed
from the residential zoned district.
(c) No authorized commercial vehicle as defined
in section 20-434 may be provided a limited term
parking permit later than December 31, 1999.
(d) A permit may be transferred to a similar
authorized commercial vehicle as defined in
section 20-434 for the duration of the special
exception provided that a new permit is acquired
from the city and the original permit is returned
to the city.
Supp. No. 22 1363
WINTER SPRINGS CODE
(e) Lost limited term parking permits must
be replaced by the city and affixed upon the
vehicle as provided herein before the vehicle can
be parked in a residentially zoned district of the
city.
(f) Limited term parking permits may be
purchased from the city for a price of twenty-five
dollars ($25.00). Transferred and replacement
limited term parking permits may be purchased
from the city for a price of twenty-five dollars
($25.00).
(Ord. No. 721, § 6, 6-28-99; Ord, No. 747, § 1,
11-22-99)
Sec. 20-437. Exempted vehicles.
n
tad crouerrcmentac venictes. ioiice, fire, rescue,
and other governmental vehicles which serve a
vital public safety, health or welfare purpose as
determined by the city are exempted from the
restrictions of this section and may be parked in
residentially zoned districts of the city.
(b) Automobiles. Automobiles which may be
used in business but which do not have visible
commercial lettering, signage, materials, sup-
plies, equipment, storage racks attached thereto
or stored thereupon are exempted from the
restrictions on the parking of commercial vehicles.
(Ord. No. 721. § 7, 6-28-99; Ord. No. 731, § 2,
8-11-99)
Sec. 20-438. Parking vehicles in residential
front yards and on sidewalks
prohibited.
(a) The parking of any vehicle within the
front yard of any residential lot shall be prohibited
unless said vehicle is parked on a driveway
and/or designated parking area that meet the
requirements set forth in section 20439 of the
City Code.
(b) The parking of any vehicle on or over any
sidewalk adjacent to any residential lot is hereby
prohibited. For purposes of this subsection, the
term sidewalk shall be as defined in section
316.003, Florida Statutes, and shall include any
portion of a sidewalk that traverses a driveway.
Supp. No. 92 1364
(c) A violation of this section may be prosecuted
before the code enforcement board or special
magistrate or shall be classified as class I civil
citation violation.
(Ord. No. 2009-02, § 2, 840-09; Ord, No. 2015-
223 § 18, 10-26-15)
Sec. 20-439. Parking areas on residential
lots; design requirements.
(a) Permitted parking locations. On residential
lots, vehicles shall be parked within a garage,
carport, or on a driveway and/or designated
parking area.
(b) Definitions. For purposes of this section,
the following terms shall be defined as follows:
(11 'In rivPwav" shall mean a nath �3esiP-nPtl
for vehicles, and permitted by the city,
that connects a residential unit or garage
with a public or private street.
T? "=„ tffn<^tCc] par]'ang nr^i" ^lid]] ,^,�,n a
separate outdoor area on a residential lot
which is designed in accordance with the
requirements of this section for the park-
ing of vehicles.
(3) "Redeveloped" shall mean (i) a tear down
of an existing residential unit for purposes
of constructing a new residential unit on
the same lot as the tear down; (ii) the
construction of a new driveway or
designated parking area on a residential
lot; (iii) the construction of an additional
garage or carport; and (iv) the expansion
of an existing residential unit by more
than fifty (50) percent of the existing
gross square footage.
(c) Minimum driveway design requirements.
The minimum design standards for driveways
constructed on residential lots are as follows:
(1) The width of the driveway shall not
exceed the width of the garage or carport,
whichever is greater. If the lot does not
have a garage or carport, the minimum
width shall be ten (10) feet.
(2) The driveway shall not be located in the
middle of the front yard unless the
driveway is designed and permitted to be
ZONING
circular or unless the lot configuration,
natural topography, natural feature, or
entrance alignment with a public or
private street prevent the driveway from
being located elsewhere.
(3) The driveway shall be constructed with
one or more of the approved construction
materials identified in subsection (e).
(4) The driveway meets other applicable
design standards set forth in the City
Code including, but not limited to, the
technical specifications set forth in chapter
9.
§ 20-439
[The next page is 1370.1]
Supp. No. 22 1365
ZONING
ing. A home occupation or home office is u. Massage therapy;
not permitted within an accessory dwell-
ing unit. v. Photographic studios involving
chemicals or client visitors;
(4) There shall be no exterior advertising of
the home occupation on the outside of the we Retail commercial operations;
dwelling unit or permitted accessory build- x. Sexually oriented businesses;
ing.
(5) There shall be no exterior storage or y Vehicle sales or rental;
display on the premises of material or z. Tattoo parlors;
equipment used as a part of the home aa. Health care providers; or
occupation or home office. Commercial
vehicles shall be regulated pursuant to bb. Pain management clinics, as defined
section 20-431 et seq. of the City Code. by section 458.3265 or section
(6) The following uses shall not be considered 459.0137, Florida Statutes.
a home occupation or home office: cc. Any other use or activity similar in
a. Adult entertainment establishments; nature or purpose to those listed
b. Antique shops; herein and any other use or activity
inconsistent with the requirements
c. Art studio for group instruction; of this Code.
d. Auto service and repair;
(7) No person other than inhabitants resid-
e. Mechanical service and repair; ing on the premises of the dwelling unit
f. Barber and cosmetology services; shall be engaged on the premises of the
g. Band or music instruction for groups; home occupation or home office.
h. Bed and breakfast facilities; (8) No traffic/parking shall be generated by
i. Clubs, private; the home occupation or home office in
greater volumes than would normally be
j. Drive-in facilities; expected in accordance with industry
k. Eating and drinking establishments; traffic and parking standards for a
residential unit located in a residential
1. Escort services; neighborhood.
m. Food processing and handling, com-
mercial (except that cottage food (9) No dangerous, toxic or hazardous mate -
operations, as defined in section rial shall be used or stored on the premises
20-1 of the City Code, may be in connection with the home occupation
considered a home occupation or or home office, except, however, this provi-
home office); sion shall not be construed as prohibiting
n. Fortune tellers; a person from using or storing products
that are normally used or stored at a
o. Funeral homes; residence for purely domestic or household
p. Group instruction for more than purposes such as cleaning, lawn fertilizer
two (2) people; and pest control products.
q. Health spas; (10) No equipment or process used in the
r. Hospitals and clinics; home occupation or home office shall
s. Hotels/motels; create noise, smoke, dust, heat, vibra-
tion, glare, fumes, odors or air pollution
t. Kennels or overnight boarding of off the premises on which the home
animals; occupation or home office exists.
Supp. No. 02 13$1
WINTER SPRINGS CODE
(b) A home occupation or home office is permit-
ted in the town center subject to the provisions of
section 20-324(7).
(c) All home occupations and home offices
shall be required to obtain a business tax receipt
as required by section 10-26 of the City Code,
prior to the start of such use. In addition to any
other submittals required for a business tax
receipt, the applicant shall also submit the fol-
lowing:
(1) The exact nature of the home occupation
or home office;
(2) Total air-conditioned floor area (square
feet) of the residence; and
(3) Amount of area, measured in square feet,
to be utilized in conducting the home
occupation or home office.
(Ord, No. 9011-08) § 2, 10-10-11; Ord, No.
2012-0% § 5, 7-23-12; Ord. No. 2016-05, § 2,
2-22-16)
Secs. 20-453-20-460. Reserved.
ARTICLE VI. S.R. 434 CORRIDOR VISION
PLAN*
DIVISION 1. S.R. 434 CORRIDOR OVERLAY
DISTRICT
Sec. 20-461. Intent.
The purpose and intent of this specialized
overlay zoning district is to encourage and provide
for enhanced property development within the
S.R. 434 commercial corridor. Some of the objec-
tives to be attained through the establishment of
this district include: enhancement of the of the
corridor; provision of architectural design
*Editor's
note —Ord. No. 675, adopted Dec. S, 1997,
amended the Code by adding provisions designated as Art.
VI, Divs. 1, 2, §§ 20-445-20-459. In order to reserve sections
for future use, the editor has redesignated the provisions of
Ord. No. 675 as herein set out.
Supp. No. 22 1382
guidelines to create a unifying theme over time;
protection of adjacent residential land uses; and
protection of property values.
(Ord. No. 675, 12-8-97; Ord. No. 2014-34, § 2,
12-8-14)
Sec. 20-462. Creation.
In addition to, and supplemental to, other
zoning and land development regulation require-
ments heretofore and hereafter, the S.R. 434
Corridor Overlay District includes additional
regulations to promote the orderly development
and redevelopment of the corridor, which shall
be applied through imposition and mapping of
an overlay district. The regulations are in addi-
tion to and not in substitution of the underlying
zoning district regulations which shall also remain
applicable to the overlay zone. The overlay district
design standards will govern development within
the corridor and will control where conflicts
between regulations occur.
(Ord. No. 675, 12-8-97)
DIVISION 2. GENERAL DESIGN
STANDARDS FOR NEW DEVELOPMENT
AREA
Sec. 20-463. Applicability.
The following design standards
shall apply to
the State Road 434 Overlay District which includes
all properties lying within the corporate limits of
the City of Winter Springs adjacent to the S.R.
434 right -of --way (inclusive of the entire parcel
adjacent thereto) from U.S. 17/92 to the
easternmost boundary of the City of Winter
Springs with the exception of properties within
the Town Center District, and Greeneway
Interchange District (GID), which are subject to
other regulations set forth in the City Code.
(Ord. No. 675, 12-8-97; Ord. No. 2003-23, § 2,
6-23-03; Ord. No. 2014-34, § 2, 12-8-14)
Sec. 20464. Building height.
No building shall exceed five (5) stories in
height. For the purpose of these design standards,
building height shall be measured from ground
level to the highest point of the coping of a flat
of or the mean height level between eaves and
ZONING
ridge for gable, hip or gambrel roofs. Cupolas,
spires, domes, pinnacles, chimneys, penthouses
and similar architectural features may be erected
to a height greater than any limit prescribed in
this Code provided, each feature does not exceed
six hundred (600) square feet in area and does
not extend more than thirty -feet above the
designated height limit. Building height is
measured
§ 20-464
Supp. No. 22 1382.1
§ 20-4o4 WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 22 I382.2
CODE COMPARATIVE TABLE
Ordinance
Section
Number
Date
Section
this Code
2014-34
12- 8-14
2
20-461
20-463-20-465
Rpld
20-466
20-467, 20-468
Rpld
20-469
20-471-20-474
Rpld
20-480-20-485,
20-487-20-490
2015-07
1-26-15
2
7-27
2015-12
4-27-15
2
2-43
3
2-45
2015-15
1-25-15
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
2-69A
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
19475
18
20-438
2016-05
2-22-16
2
20-1, 20-452
2016-07
4-11-16
2(Exh.A)
20-323
[The next page is 21451
Supp. No. 22
2105
`IIV:V�Dirl\j.+1.71�I�IDI.�l�1►[�1�11V���
This table shows the location within this Charter and Code, either in the text or notes
foBowing the text, of references to the state law or related matters.
State Const. Section
Article Section this Code
VIII 2 10-87, 18-153
FI. Adm. Code Section F.S. Section
Chapter this Code Section this Code
17-50 19-92(c) Ch. 163, Pt, II 9-500
19-95(b) 20-28(a)
19-95(c) 163.3161 et seq. 9-386.1
19-129 163.3171 et seq. Ch. 15
17-5554360 Ch. 19, Art, IV, 16393180 9-546, 9-547
Div. 2 9-550, 9-551
163.3181(3) 20-102(f)
F.S. Section Ch. 16363202 9-391
Section this Code 163,3220-163,4243 20-321
20.30 20-232(a)(64) 20-336
34.191 11-1 Ch. 166 Cho
Ch. 50 2-61 20-26
50.041 2-61 20-28(a)
50.051 2-61 1660021 10-87
60.05 13-74 18-153
Ch. 97, Ch. 98 2-89 166,032 2-89
99.093 2-88 1666041 1-11
100.201 et seq. 2-94 10-52
100,361 2-26(b) 20-102(f)
Ch. 101 2-93 18-153
101.62-101.70 2-92 20-104
1010657 2-96 16600415 19-255
Ch. 140 18-26 166.201 et seq. Ch. 2, Art. VI
Ch. 102 2-85 Ch. 18
2-93 1664221 Ch. 10
119.07 18-29 166.231 18-29, 18-30
Ch. 162 Ch. 2, Art. II1, Div. 166.231 et seq. Ch. 18, Art. II
2 16600425 Ch. 16, Art. III
2-56, 6-32 166,3161 20-104
19-174 170.01 et seq. Ch. 17
Ch.162, Pt. 1 2-56, 2-62 Ch. 171 Ch. 2, Art, V
162.04 13-39 Ch. 177 Ch.9
162.05 2-57 9-2, 9-9
162.05(3) 2-58 Ch. 180 et seq. Ch. 17
162.06(2),162.06(3) 2-59 18944042 18-121
162.07 2-60 197,3632 18-151
3-3 19763635 18-151
162.21 19-255 2000065 Ch. 2, Art. VI
162.22 3-10,10-57 Ch, 202 18-28
Ch, 163 9-391, 10-52 202.11 18-26
20-26 202.20 18-31
Supp. No. 22 2145
F.s.
Section
203.012
Ch. 205
205.043(c)
205.053
205.053(1)
206.9925
Ch, 212
Ch. 218
315,1956
Ch. 316
316.003
316.0745
316.008(1)(e)
316.0083
316.1945(b)(2)
316.1955 et seq.
316.2055
316.2065
316.2126
316.293
316.640
Ch. 318
318.14
Ch.
320
Ch.
322
337,401
376.031
Ch.
380.06
403,415
413.08
458.3265
459.0137
479.155
Ch. 480
489.105
489,127
489.132
500.80
533.73
538.01 et seq.
WINTER SPRINGS CODIJ
Section
this Code
18-26
Ch. 10
Ch. 10, Art, II
10-30
10-32
10-29
17-103
18-27
Ch. 22 Art. VI
12-65
Ch. 12
12-2
iKlvzy
17-102
20-431(1)a.
12-82
20-438
12-89
17-102
12-84, 12-87
12-88
7-4
20-467, 20-483
20-504
Ch. 16, Art, II
13-62
6-87
13-44
12-86
12-2
12-87
12-2
12-2
18-31
17-103
9-403
13-36
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,
6-2741 6-275,
6-279
6-270, 6-272
20-1
6-31, 6-32
Ch. 10, Art. VI
Supp. No. 22 2146
F.S.
Section
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
633.5L1
Ch. 650
650.02
705.101 et seq.
1'75.082, 775.083
784.011
784.021
784.03
784.045
7900001
790.33
791.01
Ch. 794
Ch. 796
796.07
Ch. 800
806.101
810.02
810.09
812.131
812.014
812'019
817432) 817.33
823.041
Ch. 826
Ch. 827
Ch. 828
843.01
Ch. 847
847.13
847.0133
Ch. 849
849.04
849.07
Section
this Code
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
Ch.
. III, Div. 2
17-107
17-107
Ch. 7, 7-46
7-50
7-54
14, Art. II
14-26(a)
14-26(a)
2-1
11-1
12-88
13-74
13-74
13-74
17-124, 13-74
17-105
17-105
17-105
10-55, 10-73
10-52, 10-55, 10-73
13-72, 13-74
10-55, 10-73
7-3
13-74
17-109
13-74
13-74
13-74
Ch. 10, Art. IV
17-107
10-55, 10-73
10-73
Ch. 4
17-124
10-55, 10-73
10-55
10-55
10-115,17-108
Ch. 10, Art. W
Ch. 10, Art. IV
CODE INDEX
Section Section
BICYCLES (Cont'd.) BUILDINGS (Cont'd.)
Purpose and duties, . 2-44 Building official
BIDS, BIDDING. See: FINANCES Authority to stop work if contrary to
public welfare. I I a a I I I a 4 1 1 6 1 a I I 1 4 6-5
BILLBOARDS. See: SIGNS AND ADVERTIS- Citations; unlicensed contractors; failure
ING to obtain a building permit
Administrative hearings; accrual of
BLASTING AGENTS, See: EXPLOSIVES penalties ....................... 6-278
AND BLASTING AGENTS Appeals of code enforcement board or
BOARDS, COMMITTEES AND COMMIS- special magistrate decisions ..... 6-279
Citation authorized for construction
SIONS. See: DEPARTMENTS AND contracting violations ........... 6-272
OTHER AGENCIES OF CITY Citation form ........................ 6-273
BOATS Correction of violation; payment of
Noise disturbances prohibited penalty; notice of hearing........ 6-277
Specific provisions Findings, . 9 0 4 0 1 4 . 0 * 0 * 0 0 0 0 0 4 0 0 0 4 6-271
Motorboats, I I I q I I V I V 0 1 0 0 . 0 V . 1 4 . 0 0 * 13-310) Intent and purpose................... 6-270
Vehicle and boat repairs ........... 13-31(e) Notices .............................. 6-281
Penalty, . . 0 4 0 . 0 0 0 0 0 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 ins and other property 17-114
Street excavations, bond requirement.... 17-77 g p p y
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 ............................ 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, . 0 4 . 4 6-186 et seq.
Florida building code See: FENCES, WALLS, HEDGES AND
Administrative amendments to ENCLOSURES
Chapter 1 . . . . 11 . 11 11 . . 11 11 . 11 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 1 ............................ 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. 22 3113
BUILDINGS (ConfdJ
Land development.
See: LAND DEVELOPMENT
Noise disturbances prohibited
Specific provisions
Construction ......................
Occupant
Definitions and rules of construction . .
Outdoor display/billboard ...............
See: SIGNS AND ADVERTISING
Owner
Definitions and rules of construction . .
Keeping surrounding property clean,
responsibility re ............... .
Permits and inspections
Failure to obtain building permit. See
herein: Citations; Unlicensed
Contractors; Failure to Obtain a
Building Permit
Signs; building permit required ...... .
Purpose, .........1........1.1..........
Restricted hours of building construction
or installation or construction of
subdivision improvements......... .
Screen enclosures/rooms ................
Storage
Temporary structures ................
Swimming pools ........................
See: SWIMMING POOLS
Television dish antennas ................
Uniform building numbering system
Administration and assignment of
number. I I I I I I . I I I I 1 6 1 1 1 6 1 1 1 1 1 1 1
Code enforcement special magistrate
authority .......................
Definitions ..........................
Establishment of system, . .
Posting of numbers, . .
Purpose .............................
Urban beautification, .
See: URBAN BEAUTIFICATION
Violations, penalty...
Zoning regulations, .
See: ZONING
BURNING
Open-air burning regulated ............ .
BUSES. See: MOTOR VEHICLES AND
TRAFFIC
IN
WINTER SPRINGS CODE
Section
CANALS
9-2 et seq. Prohibitions ............................
CANDIDATES. See: ELECTIONS
CANVASSERS. See: PEDDLERS, CANVASS-
13-31(d) ERS AND SOLICITORS
1-2 CARPORT SALES
16-77 et seq. At-home sales ......................... .
CATS
Animal regulations generally........... .
1-2 See: ANIMALS AND FOWL
13-3 CERTIFICATES, CERTIFICATION
Sewerage revenue generation system
Accountant certification of adequate
maintenance ....................
CHURCHES
Adult entertainment establishments
16-53
Prohibited locations....,,
6
Alcoholic beverage sales prohibited near .
Sexually oriented businesses
Prohibited locations
11-6
..................
6-86
CITY
Definitions and rules of construction....
.
6-87
Use of city athletic facilities; fees ....... .
6-210 et seq.
CITY CLERK
6-83
Election
Additional duties re
................. .
Supervisor, city clerk
as ............. .
9-373
CITY COMMISSION
Annual fire rescue assessments ........ .
9-376
See: FIRE RESCUE ASSESSMENT
9-370
Definitions and rules of construction....
9-372
.
Land development
9-374
Division of land; city commission
9-371
approval required ...............
2-76 et seq.
Recall of elected officials ............... .
Zoning action; city commission authority.
6-4
20-1 et seq.
CITY MANAGER
Annual fire rescue assessments ........ .
See: FIRE RESCUE ASSESSMENT
City -owned property, responsibilities re . .
7-26
CABARETS
Adult entertainment establishments
See: ADULT ENTERTAINMENT
ESTABLISHMENTS, SEXUALLY
ORIENTED BUSINESSES
CAMPAIGNS. See: ELECTIONS
Supp. No. 22 3114
CODE ENFORCEMENT
Additional enforcement powers
......... .
Administrative fines; costs of repairs; and
filing of liens ..................... .
Citations
Code enforcement officers
Authority ........................1
Designation, qualifications, training
Contents ............................
Definitions ..........................
Delivery of warning notices, citations.,
Disposition of citations, civil penalties.
Intent..............................1
Section
4-1 et seq.
2-95
2-81
18-151 et seq.
1-2
9-2
2-26
20-27
18-151 et seq.
2-192
2-65.2
2-63
CODE ENI ORCEMENT (Confd.)
Procedure ...........................
Procedures to pay, contest citations .. .
Provisions supplemental, . 4 1 & a 0 4 1 & .
Violation classification; civil penalty.. .
Violations, schedule of, I I I I I I I I I q I I I
Code enforcement board and special
magistrate
Appeal..............................
Building numbering system, authority
re..............................
Generally,
Powers ..............................
Wastewater system, enforcement board
Definitions .............................
Duration of lien ....................... .
Enforcement procedures ................
Intent, 0 0 9 0 4 0 4 0 6 4 6 4 1 & a 0
Provisions are supplemental ........... .
Scheduling and conduct of hearing...... .
Service of notice ........................
CODE ENFORCEMENT BOARD. See: CODE
ENFORCEMENT
CODE OF ORDINANCES*
Additions and amendments deemed
incorporated in Code'..............
Altering Code .........................I
Amendments to Code; affect of new
ordinances; amendatory language . .
Catchlines of sections.. .1 ''a, 11 11 11 ''1
Certain ordinances not affected by Code .
Definitions .............................
General penalty; continuing violation; viola-
tion as public nuisance, I I I I I I I I I I I .
History notes. 4 6 1 0 1 0 1 1 0 1 a 0 a I I I 1 6 1 0 0 0
How Code designated and cited......... .
Prior offenses, rights, etc., Code does not
affect.............................
References and editor's notes............
References to chapters or sections ...... .
Repeal of ordinances, affect of .......... .
Severability of parts of Code ........... .
Supplementation of Code, . * .
COMMITTEES AND COMMISSIONS. See:
DEPARTMENTS AND OTHER AGEN-
CIES OF CITY
COMPUTATION OF TIME
Definitions and rules of construction.... .
CONTRACTS AND AGREEMENTS
Certain ordinances not affected by Code
CODE INDEX
Section
CONTRACTS AND AGREEMENTS (Cont'd.)
2-69.1 Code does not affect prior contracts, etc. .
2-69.5 Fire and emergency medical services
2-69.8 Inclusion in Seminole County's fire and
2-69.3 emergency services MSTU ...... .
2-69.4 Old age and survivors' insurance, execu-
tion of agreement, . 1 4 0 4 0 4 0 0 b 0 b 0 4 1 4 0
Supplementation of Code, . .
2-65
9-376
2-58
2-59
19-30
2-57
2-64
2-60
2-56
2-65.1
2-62
2-61
1-2
*Note —The adoption, amendment, repeal, omissions, effec-
tive date, explanation of numbering system and other• mat-
ters pertaining to the use, construction and interpretation of
this Code are contained in the adopting ordinance and
preface which are to be found in the preliminary pages of this
volume.
COUNTY
Definitions and rules of construction.... .
COURTS
Court costs
Assessment and collection of; use .... .
CURFEW
Declaration of a state of emergency..... .
117
DANCE HALLS
Permit required; conduct, .............. .
DEPARTMENTS AND OTHER AGENCIES
OF CITY
Boards, committees, commissions gener-
ally
Appointments of boards and commit-
tees............................
Bicycle and pedestrian advisory commit-
tee
Creation; composition; appointment
of members ..................
Purpose and duties ................
Parks and recreation advisory commit-
tee
Creation; composition; appointment
of members ..................
Purpose and duties. .
Time of meeting adjournment........ .
City arbor division, 6 0 0 0 6 0 1 1 1 0 4 0 4 6 4 1 6 1 a a I
City commission, . 0 b 0 # 0 4 0 4 0 b 0 9 0 0 t 0 4 0 0 4 0 a
Code enforcement board ................
See: CODE ENFORCEMENT
Definitions and rules of construction.... .
Election board, 4 0 9 0 0 0 0 0 4 0 0 0 0 t 0 1 0 & 6 0 &
Fire and emergency medical services
Inclusion in Seminole County's fire and
emergency services MSTU ...... .
Land development site plan review board
See: LAND DEVELOPMENT
Officers' and employees' pension plan, board
of trustees re ......................
Planning and zoning board.
See: ZONING
Public nuisance abatement board........
See: PUBLIC NUISANCE ABATE-
MENT BOARD
Public service tax; exempted entities.... .
Traffic violations bureau ................
Section
Ems!]
7-1
1-2
firma
2-255
2-58
et seq.
7-1
9-341 et seq.
14-52
20-51 et seq.
13-70 et seq.
18-30
12-28
Supp. No. 22 3115
WINTER SPRINGS CODE
Section
DEVELOPMENT. See: PLANNING AND ELECTRICITY
DEVELOPMENT; See also: LAND Buildings
DEVELOPMENT Florida building code
DISH ANTENNAS Electrical, plumbing, mechanical and
gas work .....................
Television dish antennas ................ 6-83 Flood damage control...................
DISORDERLY CONDUCT Municipal public service tax, 1 0 0 M 0 4 0 0 0 0 0 .
Dance halls, disorderly conduct in ....... 10-111 See: TAXATION
DISTRICTS ELECTRONIC DEVICES
Zoning districts, 20-101 et seq. Noise disturbances prohibited
See: ZONING Specific provisions .................. .
DOGS EMERGENCIES
Animal regulations generally............ 4-1 et seq. Noise
See: ANIMALS AND FOWL Emergency exception, .
DRAINS, DRAINAGE EMERGENCY MANAGEMENT
Land development Applicability of provisions .............. .
Drainage ditch fence required; when .. 9-106 Certification of emergency conditions ... .
Drainage facilities 9-242 Declaration of a state of emergency..... .
Open drainage ditches; storm sewers .. 9-105 Definitions ............................ .
Storm water management ............ 9-241 Fire emergencies ...................... .
Intent, I I I I I I I I I I I I I I I I I 1 6 1 1 1
DRUMS Police emergencies, I I I I I I I I I I .
Noise provisions ........................ 13-30 Powers, duties, responsibilities ......... .
DUMPSTERS Structure, emergency management ..... .
Definitions ............................. 9-280 Suspension of local building regulations .
Minimum screening requirements ....... 9-281 Termination of state of emergency ...... .
Weather emergencies .................. .
E EMPLOYEES. See: OFFICERS AND
EMPLOYEES
ELECTIONS
Absentee voting ........................
2-92
Supp. No. 22 3116
ENCLOSURES. See: FENCES, WALLS,
HEDGES AND ENCLOSURES
ENERGY
Building energy efficiency code ......... .
ENTERTAINMENT. See: AMUSEMENTS
AND AMUSEMENT PLACES
ESCORTS AND ESCORT SERVICES
Escort service, generally ............... .
Special provisions relating to........... .
EVACUATION
Declaration of a state of emergency..... .
Section
6-101
8-2
et seq.
18-26
13-31(a)
2-255
EXCAVATIONS
Street excavations ...................... 17-76 et seq.
See: STREETS AND SIDEWALKS
EXPENDITURES
Sewerage revenue generation system,
expenditures re .................... 19-128
EXPLOSIVES AND BLASTING AGENTS
Declaration of a state of emergency...... 2-255
Noise disturbances prohibited
Specific provisions ................... 13-31(g)
Regulation of explosives, 1 4 4 0 4 0 4 0 4 0 1 7-27
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, a 0 0 0 4 0 0 0 a 0 0 0 0 0 .
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, a 4 4 a 4 0 4 4 0 0 4 a 4 0 0 0 6 0 .
Filing of liens. a 0 a 4 4 a a 0 4 4 0 0 4 a a 0 0 0 0 4 a
Fire rescue assessment
Annual fire rescue assessments
Lien of fire rescue assessments, a & 0 .
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
ED
MANUFACTURED HOUSING
Flood damage control standards.........
Section Section
MAPS. See: SURVEYS, MAPS AND PLATS
MAY, SHALL
Definitions and rules of construction..... 1-2
MAYOR
10-58 et seq. Election proclamation, . 11 11 11 11 a, 11 I'll, 2-82
MECHANICAL CODE
Buildings
Florida building code
17-51 et seq. Electrical, plumbing, mechanical and
gas work ..................... 6-101
10-111
17-76 MERCHANDISE. See: GOODS, WARES OR
6486 MERCHANDISE
8-33 MINORS
19-52 Adult entertainment establishments, sexu-
ally oriented businesses
9-601 Unlawful provisions, .. 0*04 04 so 00 two to 10-87
9-606 Alcoholic beverage sales near schools
prohibited, . 0 a 0 0 0 0 0 0 0 & 0 0 0 4 0 0 0 4 6 0 0 0 0 3-2
9-568 Secondhand precious metals, dealing with
10-181 persons under age eighteen years
10-136 et seq. prohibited. I a I I I I I I I I I I I I I I I I I I I I 1 1 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 .......... 9-180
2-64 MOTELS. See: HOTELS AND MOTELS
2-63
MOTOR VEHICLES AND TRAFFIC
Abandonment
18-179 Impoundment and redemption ........ 12-54
13-76 Prohibited ........................... 12-53
Adoption of state law ................... 12-2
Buses
Stands, use of* 12-68
Citations
17-103 Alteration or destruction ............. 12-32
13-2 Failure to obey, a a 0 1 0 0 a 0 6 6 a 0 & 0 4 6 0 4 a 0 0 0 12-31
17-28 Issuance, a 0 0 0 4 0 4 0 4 6 1 0 6 0 & 0 a I a 0 6 1 1 6 0 1 1 1 12-29
City parks and recreational areas ...... 0 17-102
Cleaning, repairing vehicles on roadway . 12-66
Definitions ............................. 12-1
Fines for violations ..................... 12-30
Golf carts, operation of
Definitions .......................... 12-71
13-31(b) Enforcement, a I I a 0 a 4 0 4 0 W 0 4 0 4 0 4 0 4 4 a 0 6 12-77
Inspection and registration of golf carts
required ........................ 12-75
Insurance required ................... 12-76
Required equipment, a 0 4 0 4 0 a 4 4 6 4 6 4 0 a 4 6 12-74
8-51 Restrictions, I I I I I I I I I I I I I 1 4 1 1 1 0 a 0 0 a 4 a 12-73
Supp. No. 22 3125
WINTER SPRINGS CODE
Section Section
MOTOR VEHICLES AND TRAFFIC (Cont'd.) MOTOR VEHICLES AND TRAFFIC (Cont'd.)
Use of golf carts on designated roadways 12-72 Police department
Gongs, sirens on vehicles, noise provisions 13-32 Chief of police, duties and powers of re
Handbill distribution on or in vehicles ... 16-28 operation and parking of vehicles 12-27
Impoundment Citation
Illegally parked or abandoned vehicles, Alteration or destruction of ........ 12-32
impoundment and redemption of. 12-54 Failure to obey .................... 12-31
Intersections Issuance of, I 1 0 4 0 M 0 0 0 1 9 1 0 M 0 12-29
Fences, etc., limitations re ............ 6-191 Referral of parking violations to hear -
Land development requirements. 9455 ing officer . . . . . . . . . . . . . . . . . . . . 12-33
Obstructions ......................... 17-30 Duties to regulate motor vehicles and
Stop intersections traffic .......................... 12-26
Certain ordinances not affected by Fines for violations,. 4 4 befopeod pop #1* 9 12-30
Code ......................... 1-7(14) Traffic violation bureau, powers and
Land development duties of ........................ 12-28
Off-street parking and loading ........ 9-276 et seq. Red light code enforcement infraction
See: LAND DEVELOPMENT Definitions .......................... 12-82
Mobile homes to be parked in mobile home Law
parks; exception .................. 0 12-70 Consistency with state law ......... 12-90
Noise disturbances prohibited Implementation of general law ..... 12-85
Motor vehicle nnise generally . _ 18-44 Legislntive findings nod intent✓pnrnose 12-80
Specific provisions Red light traffic control signals, adher-
Model vehicles. 13-31(h) ence to ........................0 12-83
Vehicle and boat repairs ........... 13-31(e) Review of recorded images............ 12-86
Off-street parking and loading Signage ............................. 12-89
Generally, 11 1 1 11 11 14 1 11 11 11 12-69 Traffic infraction detectors, use of..... 12-81
Land development requirements ...... 9-276 et seq. Uniform traffic citation, 12-88
See: LAND DEVELOPMENT Violations
Zoning regulations ................... 20-128 et seq. Notice of violation. 12-87
See: ZONING Violation .......................... 12-84
One-way streets Regulations generally ................... 12-51
Certain ordinances not affected by Code 1-7(14) Skateboarding, roller skating, in -line skat-
Parking, stopping and standing ing, other similar activities on human -
Bus, taxi stands, use of, 1 0 0 0 0 0 0 4 0 0 4 0 4 0 12-68 propelled devices.................. 13-62
Speed limits
Chief of police, powers and duties re parking of vehicles .............. 12-27 Certain ordinances not affected by Code 1-7(14)
Cleaning, repairing vehicles on roadway 12-66 Vehicular speed limits ................ 12-52
Impoundment and redemption of Taxicabs
illegally parked vehicles . . . . . . . . . 12-54 Passenger rates
Land development requirements for off- Certain ordinances not affected byCode......................... 1-7(13)
street parking and loading....... 9-276 et seq. Stands, use of ........................ 12-68
See: LAND DEVELOPMENT Traffic violation bureau, powers and duties
Loading or unloading zones........... 12-69 of ................................. 12-28
Mobile homes to be parked in mobile Traffic -control signs, signals and devices
home parks; exception........... 12-70 Certain ordinances not affected by Code 1-7(14)
No -parking areas Land development; streetlights and traf-
Certain ordinances not affected by fic signs ........................ 9-204
Code ......................... 1-7(14) Obedience to......................... 12-67
Obedience to signs, markings . . . . . . . . . 12-67 Red zone infractions. See herein: Red
Off-street parking and loading Light Code Enforcement Infrac-
Land development requirements.... 9-276 et seq. tion
See: LAND DEVELOPMENT Truck routes
Zoning regulations, 20-128 et seq. Certain ordinances not affected by Code 1-7(14)
See: ZONING Violations, fines for ..................... 12-30
Prohibitions, generally ............... 12-65 Referral of parking violations to hear -
Stop intersections ing officer ...................... 12-33
Certain ordinances not affected by Zones
Code ......................... 1-7(14) Loading and unloading zones......... 12-69
Supp. No. 22 3126
CODE INDEX
Section
MOTOR VEHICLES AND TRAFFIC (Cont'd.)
Zoning regulations for motor vehicles .... 20-431 et seq
See: ZONING
MULCHING
Land development requirements........ .
MUSICAL INSTRUMENTS
Noise disturbances prohibited
Specific provisions ...................
N
NOISE
City parks and recreational areas
Noise and other conduct ............. .
Definitions ............................ .
Designation of noise sensitive zones .... .
Emergency exception ...................
Immediate threat to health and welfare. .
Lead agency or official ................. .
Maximum permissible sound levels by
receiving land use .................
Motor vehicle noise .....................
Noise control officer
Powers ..............................
Noise disturbances prohibited
Generally ............................
Specific provisions ...................
Notice of violation ......................
Other remedies.
Penalties, . & 6 0 4 0
Purpose and scope, .
Required measurement procedures ..... .
Standardized measurements required... .
Variances
Special event variances, . .
Variances for time to comply......... .
NUDITY
Nudity prohibited upon alcohol licensed
premises and bottle clubs ......... .
NUISANCES
Definitions .............................
Duty of owners of buildings to keep sur-
rounding property clean; notice;
failure to comply with notice ...... .
Fire and security alarms ............... .
See: ALARMS AND ALARM SYSTEMS
General prohibition,
Noise..................................
See: NOISE
Procedure for city enforcement of non -
imminent hazards ................ .
Prohibitions ............................
Public nuisance abatement board....... .
See: PUBLIC NUISANCE ABATE-
MENT BOARD
Skateboarding, roller skating, in -line skat-
ing, other similar activities on human -
propelled devices ..................
13-31(a)
17-112
13-27
13-43
13-32
13-41
13-28
13-30
13-31
13-40
13-42
13-39
13-26
13-38
13-37
13-3
13-51 et seq.
13-1
13-26 et seq.
13-4
13-2
13-70 et seq.
NUISANCES (Confd.)
Swimming pool nuisances ............. .
NUMBER
Definitions and rules of construction.... .
C
OATH, AFFIRMATION, SWEAR OR SWORN
Definitions and rules of construction.... .
OBSCENITY. See: INDECENCY AND
OBSCENITY
OFFENSES
Assessment and collection of court costs;
use..............................0
Certain ordinances not affected by Code .
City -owned shade trees, injuring ....... .
Civil infractions, schedule of ........... .
Code does not affect prior offenses, etc.. .
Repeal of ordinances, effect of .......... .
State misdemeanors adopted; penalty... .
Tree prohibitions .......................
Trespass ...............................
Supp. No. 00 3127
OFFICERS AND EMPLOYEES
Building inspector ......................
See: BUILDINGS
Certain ordinances not affected by Code .
Code enforcement officers. .
Code violations
General penalty; continuing violation;
violations as public nuisance.... .
Definitions and rules of construction.... .
Election supervisor .....................
Emergency management director ....... .
Floodplain administrator, . 0 4 6 & 6 4 1 0 4 0 0 1 4 1
See: FLOOD DAMAGE PREVENTION
Noise control officer ................... .
Old age and survivors' insurance
Adoption of title II social security act .
Contribution .........................
Custody of fund ..................... .
Execution of agreement ............. .
Extension of benefits. .
Record..............................
Pension plan
Adopted.............................
Board of trustee .....................
Personnel rules or regulations
Certain ordinances not affected by Code
Policy, rules and regulations, .
Recall of elected officials ............... .
OFFICIAL TIME
Definitions and rules of construction.... .
OLD AGE AND SURVIVORS INSURANCE.
See: OFFICERS AND EMPLOYEES
E
OPN-AIR BURNING
Regulated ..............................
Section
1-2
i-2
6-5 et seq.
2-67
1-7(18>
et seq.
1-15
1-2
2-81
2-253 et seq.
8-31 et seq.
13-29
1-2
PAIN MANAGEMENT CLINICS
Requirements ..........................
PARKS AND RECREATION
Adult entertainment establishments, sexu-
ally oriented businesses
Prohibited locations ..................
City parks and recreational areas
Airsoft and paintball guns; bb guns .. .
Alcoholic beverages/tobacco products;
gambling .......................
Bathing; swimming; scuba diving .... .
Camping and sleeping, .
Definitions ..........................
Domestic and other animals ......... .
Enforcement; penalties .............. .
Fees.................................
Fires................................
Fireworks; destructive devices; weapons;
other potentially dangerous uses.
Glass containers .....................
Horseback riding, . 0 0 0 0 0 0 4 0 4 * 0 . 0 4 9 0 4 0
Hours of operation and general use .. .
Hunting/wildlife preservation and
conservation ....................
Injuring, interfering with, etc., build-
ings and other property ....... 0 .
Interference with personnel/park opera-
tions...........................
Noise and other conduct. . 0 1 0 0 4 0 0 0 0 6 0 .
Peddling/distribution of materials .... .
Pollution and litter .................. .
Preexisting rules; conflicts with rules .
Promulgation of rules ............... .
Removal of natural resources ........ .
Suspension of use of city park ....... .
Traffic ...............................
Trespass .............................
Concurrency administration and evalua-
tion procedure
Level of service standards (LOS) for
parks and recreation ............
Land development
Impact fees (police, fire, parks and
recreation facilities), ........... .
Parks and recreation advisory committee
Creation; composition; appointment of
members .......................
Purpose and duties.
Public grounds
Definitions and rules of construction . .
Use of city athletic facilities; fees ....... .
PEDDLERS, CANVASSERS AND SOLICI-
TORS
Alcoholic beverage vendors in town center
At-home sales ..........................
City parks and recreational areas
Peddling/distribution of materials. . .
WINTER SPRINGS CODE
Section
iYQifYI
17-115
17-112
17-113
17-103
17-122
17-120
17-104
17-124
17-102
17-109
9-514
9-391 et seq.
Section
PEDDLERS, CANVASSERS AND SOLICI-
TORS (Cont'd.)
Transient or itinerant solicitors; permit
required; prerequisite to issuance... 10-136
PENSIONS AND RETIREMENT
Officers' and employees' pension plan.... 14-51 et seq.
See: OFFICERS AND EMPLOYEES
PERFORMANCE BONDS. See: BONDS,
SURETY OR PERFORMANCE
PERSON
Definitions and rules of construction.... .
PHONOGRAPHS
Noise provisions ........................
PLANNING AND DEVELOPMENT
Comprehensive plan
Adopted.............................
Compliance ..........................
Distribution of copies .................
Comprehensive plan amendments
Advertisement of public hearing ..... .
Application deadline ................ .
Authority, purpose and intent........ .
City commission public hearing process
EffcUiveness of the adopted amend-
ment...........................
Initiation of amendments ............ .
Local planning agency review and recom-
mendation ......................
Review
Criteria ...........................
Procedure.
Transmittal of adopted amendment to
state land planning agency ..... .
Impact fees
Police, fire, parks and recreation facili-
ties. . I I I I I I I I I I V 1 0 1 V I I I I I I . 4 4 f 1 0
Transportation facilities, ............ .
Land development ......................
See: LAND DEVELOPMENT
Tree protection and preservation
Protection during development, construc-
tion; periodic inspection ........ .
Zoning regulations generally ............
See: ZONING
1-2
15-26
et seq.
15-27
15-29
9-391
et seq.
9-386 et seq.
9-1 et seq.
5-14
20-1 et seq.
PLATINUM
2-45 Secondhand precious metals ............. 10-151 et seq.
2-46 See: SECONDHAND PRECIOUS
METALS
1-2
2.2 PLATS. See: SURVEYS, MAPS AND PLATS
PLAYGROUNDS
Prohibitions. 13-2
3-3
10-137
17-113
Supp. No. 22 3128
CODE INDEX
Section
WATER CONSERVATION AND
LANDSCAPE IRRIGATION
Definitions ............................. 19-252
Enforcement ........................... 19-255
Exceptions ............................. 19-254
Landscape irrigation schedules, vari-
ances, and restrictions ............. 19-253
Purpose; applicability ................... 19-251
WATERWAYS AND WATERCOURSES
Boats. See that subject
Discharges into natural waters, municipal
storm sewer system ................ 19-170
Flood damage prevention ............... 8-1 et seq.
See: FLOOD DAMAGE PREVENTION
Prohibitions ............................ 13-2
WEAPONS. See: FIREARMS AND
WEAPONS
WEATHER
Weather emergencies ................... 2-261
WEEDS
Accumulation or untended growth of..... 13-2(c)
WILDLIFE
City parks and recreational areas
Hunting/wildlife preservation and
conservation .................... 17-106
WINE. See: ALCOHOLIC BEVERAGES
WINTER SPRINGS. See: CITY
WRITS, WARRANTS AND OTHER
PROCESSES
Subpoenas
Code enforcement board powers....... 2-59
WRITTEN, IN WRITING
Definitions and rules of construction..... 1-2
1/
YARD SALES
At-home sales .......................... 10-137
YARDS AND OPEN SPACES
Land development; public sites and open
spaces ............................ 9-103
Swimming pools, yard requirements re .. 6-219
Zoning regulations generally ............ 20-1 et seq.
See: ZONING
YEAR
Definitions and rules of construction..... 1-2
Z
Administrative appeals ................. 20-35
Land use decisions (procedures)....... 20-35
Adult entertainment establishments
Generally, a 0 W 0 a 4 a a 0 9 a 9 0 9 0 4 4 a 0 4 0 0 9 a 0 a 4 10-100
Supp. No. 22 3135
Section
ZONING (Cont'd.)
Basis for regulations and requirements
herein set forth, . I I a a a a a 4 at 0 9 0 4 a 9 0 0
Buffers
20-2
Residential wall buffers required......
Building area regulations
20-417
R-1 One -Family Dwelling District .....
R-lAA and R-lA One -Family Dwelling
20-185
Districts ........................
R-IAAA Single -Family Dwelling
20-165
Districts, .......................
R-3 Multiple -family Dwelling Districts
20-125
20-210
R-CI Single -Family Dwelling Districts.
R-U Rural Urban Dwelling Districts ..
T-1 Trailer Home Districts............
Building height regulations
20-145
20-270
20-295
C-1 Neighborhood Commercial Districts
20-235
C-2 General Commercial and Industrial
Districts ........................
C-3 Highway 17-92 Commercial District
20-253
20-346.2
I-1 Light Industrial District* .......
R-1 One -Family Dwelling District .....
R-1AA and R-IA One -Family Dwelling
20-260
20-184
Districts, a 6 1 1 1 1 a I I I I I I I 1 4 a 0 V 0 a 0 9
R-1AAA Single -Family Dwelling
20-164
Districts ........................
R-3 Multiple -Family Dwelling Districts
20424
20-209
R-CI Single -Family Dwelling Districts.
R-U Rural Urban Dwelling Districts ..
C-1 Neighborhood Commercial Districts
20-144
20-269
Building height regulations...........
Bulk regulations .....................
Conditional uses .....................
Generally. I I a I I a 0 a 0 0 9 a 0 0 4 0 & a 0 a 0 a a a a 1
Off-street parking regulations ........
Overlay district regulations...........
Uses permitted ......................
C-2 General Commercial and Industrial
20-235
20-237
20-234
20-231
20-238
20-236
20-232
Districts
Building height regulations...........
Bulk regulations .....................
Conditional uses. a a 0 a 4 0 0 0 a 0 4 6 & 1 4 a a 1 0
Generally. a 4 6 4 6 4 0 a 6 1 1 1 1 1 1 1 1 a a V 0 V 0 a 0 4 0
Outdoor storage and warehousing
20-253
20-255
20-254
20-251
requirements
Supplemental requirements ........
Uses permitted ......................
C-3 Highway 17-92 Commercial District
20-256
20-252
Building height regulations...........
Bulk regulations .....................
Conditional uses .....................
Generally, a 4 0 4 0 0 0 4 & 4 0 4 a 1 11 11 1 11 11 1 0 4 a
Uses permitted ......................
CC Commerce Center District
20-346.2
20-346.4
20-346.3
20-346
20-346.1
Bulk regulations .....................
Conditional uses .....................
Generally, ...........................
Uses permitted ......................
Certain ordinances not affected by Code .
Changes and amendments ..............
20-345A
20-345.3
20-345
20-345.1
1-7(15)
20-104
WINTER SPRINGS CODE
Section Section
ZONING (Cont'd.) ZONING (Cont'd.)
Code enforcement ...................... 2-56 et seq. Comprehensive plan and code compli-
See: CODE ENFORCEMENT ance required ................... 20-340
Commercial vehicles defined ............ 20-432 Development agreement; icon monu-
Comprehensive plan .................... 15-26 et seq. went sign ...................... 20-336
See: PLANNING AND DEVELOPMENT Economic and fiscal impact require -
Conditional uses ments .......................... 20-339
C-1 Neighborhood Commercial Districts 20-234 General uses and intensities .......... 20-329
C-2 General Commercial and Industrial Interconnectivity of multiple parcels .. 20-335
Districts ........................ 20-254 Master development plan............. 20-337
C-3 Highway 17-92 Commercial District 20-346.3 Optional preliminary review .......... 20-338
CC Commerce Center District ....... 1 20-345.3 Parking and driveway requirements... 20-333
Expiration of conditional use approvals 20-36 Permitted uses, conditional uses,
I-1 Light Industrial District .......... 20-261 incidental uses within buildings 20-330
Land use decisions (procedures)....... 20-33 Purpose ............................. 20-328
R-1 One -Family Dwelling District ..... 20-183 Setbacks ............................. 20-332
R-1AA and R-lA One -Family Dwelling Utility lines, pipes, conduit and
Districts ........................ 20-163 infrastructure,.................. 20-334
R-1AAA Single -Family Dwelling Home occupations or home offices
Districts. . I 1 6 1 6 4 & 1 0 * 1 0 0 0 0 20-123 Regulation of........................ 20-452
R-3 Multiple -Family Dwelling Districts 20-208 1-1 Light Industrial District
R-Cl Single-Vamily Dwelling Districts. 20-143 building height regulations........... z0-26u
R-U Rural Urban Dwelling Districts .. 20-268 Bulk regulations ..................... 20-262
Construction Conditional uses ..................... 20-261
R-T Mobile Home Park Districts, applica- Enclosed buildings; outside storage.... 20-263
tion for construction ............. 20-317 Generally............................ 20-258
Definitions ............................. 20-1 Uses permitted ...................... 20-259
Districts Interpretation, purpose and conflict ..... 20-5
C-1 Neighborhood Commercial Districts 20-231 et seq. Land development ...................... 9-1 et seq.
C-2 General Commercial and Industrial See: LAND DEVELOPMENT
Districts ........................ 20-251 et seq. Land use decisions (procedures)
C-3 Highway 17-92 Commercial District 20-346.3 Administrative appeals, . 20-35
CC Commerce Center District ........ 20-345 et seq. Applications ......................... 20-29
Changes and amendments ............ 20-104 City commission; authority ........... 20-27
Division of city. . M 0 0 4 0 0 0 0 4 # 4 0 '6'm&40
ity....................... 20-101 Conditional uses..................... 20-33
GreeneWay Interchange Zoning District 20-328 et seq. Due process; special notice require-
I-1 Light Industrial District .......... 20-258 et seq. ments.........................1 20-28
Official zoning map, working maps and Expiration of conditional use, variance,
procedures. . 6 * 0 0 1 0 4 0 0 t 0 0 4 1 1 0 1 1 1 1 20-102 waiver approvals................ 20-36
Planned unit development............ 20-351 et seq. Intent; purpose ...................... 20-26
R-1 One -Family Dwelling District ..... 20-181 et seq. Limited administrative waivers, ...... 20-37
R-lAA and R-lA One -Family Dwelling Rezonings ........................... 20-31
Districts ........................ 20461 et seq. Staff review ......................... 20-30
R-lAAA Single -Family Dwelling Variances ............................ 20-32
Districts ........................ 20-121 et seq. Waivers. 20-34
R-3 Multiple -Family Dwelling Districts 20-206 et seq. Limitations on residential densities...... 20-419
R-CI Single -Family Dwelling Districts. 20-141 et seq. Lot coverage
Restrictions upon lands, buildings and R-1 One -Family Dwelling District ..... 20-187
structures ...................... 20-103 R-1AA and R-lA One -Family Dwelling
R-T Mobile Home Park Districts ...... 20-311 et seq. Districts ........................ 20-167
R-U Rural Urban Dwelling Districts .. 20-266 et seq. R-1AAA Single -Family Dwelling
T-1 Trailer Home Districts............ 20-291 et seq. Districts ........................ 20-127
Town Center District Code............ 20-320 et seq. R-3 Multiple -Family Dwelling Districts 20-212
Division of city ......................... 20-101 R-CI Single -Family Dwelling Districts. 20-147
Flood damage prevention ............... 8-1 et seq. R-U Rural Urban Dwelling Districts .. 20-272
See: FLOOD DAMAGE PREVENTION Motor vehicles
Front yard regulations. See herein: Yards Authorized commercial vehicles
and Open Spaces Limited -term parking permits ...... 20-436
GreeneWay Interchange Zoning District Residential areas, in, .............. 20-434
Building height ...................... 20-331 Residentially zoned districts, in .... 20-435
Supp. No. 22 3136
CODE INDEX
Section Section
ZONING (Cont'd.)
Commercial vehicles defined
20-432
..........
Exempted vehicles ...................
20-437
Parking areas on residential lots; design
requirements ...................
20-439
Parking vehicles in residential front
yards and on sidewalks prohibited
20-438
Parking, storage or maintenance of
certain vehicles prohibited in
residentially zoned districts......
20431
Storage, repair, etc., of disabled motor
vehicles; approved...............
20-433
Official zoning map, working maps and
procedures ........................
20-102
Off-street parking regulations
C-1 Neighborhood Commercial Districts
20-238
R-1 One -Family Dwelling District .....
20-189
R-1AA and R-lA One -Family Dwelling
Districts
20-169
........................
R-1AAA Single -Family Dwelling
Districts* W 4 4 0 6 6 & 6 1 6
20-128
1 1 1 1 1 1 1 1 1 1 1 1 1
R-3 Multiple -Family Dwelling Districts
20-213
R-CI Single -Family Dwelling Districts.
20-148
R-U Rural Urban Dwelling Districts ..
20-273
Outdoor storage and warehousing require-
ments
Supplemental requirements in C-2
General Commercial and Industrial
Districts,
20-256
. 0 0 W 0 0 0 0 1 0 1 6 6 0 & 0 0 0 0 & 1 0 4
Parking, storage or maintenance of vehicles.
See herein: Motor Vehicles
Permits
T-1 Trailer Horne Districts............
20-293
Planned unit developments
Additional requirements ..............
20-358
Amendment to existing PUD..........
20-357
Appeals .............................
20-355
Control of development following
recordation of development agree-
ment ...........................
20-356
Development agreement and master
plan ............................
20-352
Intent and purpose of district.........
20-351
Procedures for approval of planned unit
development zoning classification
20-354
Standards for planned unit develop-
ments ..........................
20-353
Planning and zoning board
Assistants
20-58
...........................
Compensation; allowances for expenses
incurred in performance of duties
20-55
Composition, appointment of members
20-52
Created .............................
20-51
Duties; general ......................
20-57
Meetings; quorum; records to be kept..
20-56
Term; filling vacancies; removal of
members .......................
20-53
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3137