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Home My WebLink AboutSupplement No.19SUPPLEMENT NO, 19 January 2014 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. 2013-09, enacted September 9, 2013. See the Code Comparative Table for further information. Rer��.ove Old Pages Title page iii ix—xiv Checklist of up-to-date pages SH:1 21 133, 134 139-140.2 144.5-146 317, 318 365-391 693, 694 736.1-738 873, 874 879-885 985-990 1041, 1042 1045-1056 1309, 1310 1331-1336.2 1345-1348 1357, 1358 1380.1, 1380.2 1383-1386 1397-1400 2103 2145-2147 hisert New Pages Title page iii ix—xiv Checklist of up-to-date pages (following Table of Contents) SH:1, SH:2 21 133, 134 139-140.2 145-146.2 317, 318 365-398 693, 694 737, 738 873, 874 879-894 985-989 1041, 1042 1045-1059 1309-1310.2 1331-13364242 1345-1348.2 1357-1359 1380.1-1380.2.2 1383, 1384 1397, 1398 2103, 2104 2145-2147 Renioue Old Pages 3111-3120 3123 3125-3135 3139, 3140 INSTRUCTION SHEET—Cont'dI Insert New Pages 3111-3119 3123 3125-3135 3139, 3140 • •• pages for Corporationk, mul 11codd Municipal Code • Box 2235 Tallahassee, FL 3231 info@municode.com:•• CITY OF Published by Order of the City Commission, 1989 Republished by Order of the City Commission, 2000 unicipal Code Corporation PO Box info@municode.com:00 .• Supp. No. 19 CURRENT OFFICIALS CITY OF WINTER SPRINGS, FLORIDA Charles Lacey Mayor Jean Hovey Rick Brown 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. 19 iii TABLE OF CONTENTS Page Current Officials of the City .................................. in 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. . 0 0 * 4 0 0 9 Art. VIII. Nominations and Elections ................ 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 ....................... 142 Subdiv. A. Board ........................... 142 Subdiv. B. Citations ........................ 144.2 Div. 3. Reserved............ 146 Div. 4. Urban Beautification ..................... 146 Art. IV. Elections ................................... 146A Art. V. Annexations and Rezoning ................... 148 Supp. No. 19 ix WINTER SPRINGS CODE Chapter Page Art. VI. Finance .................................... 148 Div. 1. Generally ............................... 148 Div. 2. Purchasing .............................. 148 Div. 3. City -Owned Personal Property ............ 148.1 Art. VII. Emergency Management ................... 149 Div. 1. Generally .............................. a 149 Div. 2. Conditions of Emergency ................ 4 152 Art. VIII. Jobs Growth Incentive Grant Program...... 153 3. Alcoholic Beverages ...................................... 203 4. Animals ................................................. 257 5. Tree Protection and Preservation ........................0 309 App. A. Undesirable Trees ......................... 0 327 App. B. Desirable Trees ............................9 329 App. C. Caculating Tree Protection Zone ............. 334 Ann, 1). Tree Preteetien Area Sip-navP 353 6. Buildings and Building Regulations ....................... 367 Art. 1. In General... 6o9o**4*0% a a 9 00 0 0000 0 a 0 0 9 4 0 0 0 0 0 0 367 Art. II. Administration .............................. 367 Div, 1. Generallll y..................... . ......... 367 Div. 2. Reserved...............................0 384 Art. III. Building Construction Standards ............ 384 Art. IV. Electrical, Plumbing, Mechanical and Gas .... 389 Art. V. Fences, Walls Hedges ....................... 9 390 Art. VI. Swimming Pools ........................... 0 381 Art. VII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit .................... 393 Art. VIII. International Property Maintenance Code .. 389 7. Fire Prevention and Protection ........................... 433 Art. 1. Fire and Emergency Medical Services ......... 435 Art, I1. In General. 9 * * * 0 0 0 to 000m 4400066% *woo m0000f to 435 Art. III. Local Amendment to the Florida Fire Preven- tion Code .................................. 436 Art. IV. Fire Hydrants .............................. 437 8. Flood Damage Prevention ................................ 493 Art. 1. In General... 0 495 Art. II. Administration. 501 Art. III. Standards ................................. 504 9. Land Development, . 0 0 0 555 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 ......................... 0 569 Div. 1. Generally .............................. 0 569 Supp. No. 19 g TABLE OF CON TENTS—Cont'd. 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...............................0 582.1 Div, 5. Utilities ................................. 584.1 Div. 6. Off -Street Parking and Loading ........... 585 Div. 7. Dumpsters .............................. 591 Art. V. Design Standards.. 6 * 9 0 * 0 0 4 * 0 * 0 0 592 Art. VI. Site Plan Review ........................... 604 Div. 1. Generally ............................... 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 ................. 607 Div. 3. Police, Fire, and Parks and Recreation .... 627 Div. 4. Reserved ................................ 631 Art. IX. Vested Rights .............................. 632 Art. X. Concurrency Administration and Evaluation Pro- cedure.....................................0 638 Div. 1. Overview and Exemptions ................ 638 Div. 2. Levels of Service Standards (LOS) ........ 641 Div. 3. Concurrency Administration .............. 643 Div. 4. Appeal Procedures ....................... 644 Div. 5. Transportation Facility Proportionate Fair - Share Mitigation Program ................ 644.1 Art. XI. Nonconformities ............................ 644.6 Art. XII. Minimum Community Appearance and Aes- thetic Review Standards. . 0 0 0 t 0 0 a t 0 9 0 0 649 10. Licenses and Business Regulations ...................... 693 Art. I. In General ................................... 695 Art. II. Local Business Tax Receipts ................. 695 Art. III. Sexually Oriented Businesses and Adult Enter- tainment 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. . 9 P 4 0 0 4 0 9 a a 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. 10 x0 WINTER SPRINGS CODE Chapter Page Div. 2. Stopping, Standing, Parking .............. 822 Div. 3. Operation of Golf Carts .................. 824 Art. IV. Red Light Code Enforcement Infraction ...... 826 13. Nuisances .............................................. 873 Art. I. In General, . 6 0 a 9 0 0 * 9 * 4 0000469 as a 0 0 a 9 0 0 875 Art. II. Noise, . a a a 6 0 0 0 9 9 * 0 * 0 0 0 . a@ 0 0 a 0 a 9 9 0 0 0 0 4 6 a 6 0 a a 879 Div. 1. Generally ..............................9 879 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. 9 0 0 a 0 0 4 0 0 0 0 885 Div. 7. Enforcement, . * 0 0 & a a * 0 * 9 0 0 * 0 0 9 0 0 0 a 0 0 9 0 a 0 0 886 Art. III. Fire and Security Alarms ................... 887 Art. IV. Miscellaneous Nuisances ................... 0 889 Art. V. Yublic Nuisance Abatement Board ............ 890 14. Personnel.............................................4 931 Art. I. In General, . 0 0 0 0 4 0 a a @a a 9 * 4 4 0 0 0 0 0 0 6 % 0 0 0 a 0 1 0 0 933 Art. II. Old Age and Survivors Insurance, ............ 933 Art. Hl. Pension Plan. a * a a a t a 9 @ * a @ 0 & 0 0 0 0 0 0 00 6 9 0 0 0 9 934 15. Planning ............................................... 985 Art. I. In General............ 96599004906 0 0 0 *1 0 0 0 0 a 0 0 987 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,. 4 0 a 0 0 0 0 0 0000to* 0 6 a 6 0 0 0 0 a 0 0 0 4 1052 17. Streets, Sidewalks and Other Public Places. 0 0 0 0 4 P a 0 0 0 a 9 1101 Art. I. In General, . . 0 of a 0 a 0 0 4 0 *to 4 0 a 0 0 0 0 6 & 0 0 0 6 a 0 0 1103 Art. II. Streets ..................................... 1103 Art. III. Sidewalks.................................0 1105 Art. IV. Excavations ................................ 1105 Art. V. City Parks and Recreational Areas ............ 1106 18. Taxation... ... a P900*6066 a 0 0 0 0 0 0 0 0 0 **w00% 0 9 a & 0 0 4 9 W 0 1157 Art. I. In General ................................... 1159 Art. II. Municipal Public Service Tax... 0 a a 9 a 4 0 0 0 0 0 0 0 a 1159 Art. III. Local Improvements Assessments............ 1162 Div. 1. Generally ..............................0 1162 Div. 2. Assessed Areas and Advisory Committees.. 1164 Div. 3. Local Improvement Assessments ......... 0 1166 Div. 4. Related Service Assessments .............. 1169 Div. 5. Collection of Assessments ............... 9 1173 Div. 6. Issuance of Obligations ................... 1175 Supp. No. 19 xii TABLE OF CON TENTS-Cont'd. Chapter Page Div. 7. General Provisions ....................... 1176 Div. 8. Specific Special Assessment Disticts and Ar- eas..................................... 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. . 4 * 0 * 0 0 0 a 0 . 6 & * 0 0 0 a 0 1 6 6 0 * * 4 0 0 a 1 6 * 0 0 1186 Div. 4. General Provisions ....................... 1189 19. Utilities...............................................4 1227 Art. I. Solid Waste .................................. 1230.1 Art. II. Wastewater System ......................... 1230.1 Div. 1. Generally ............................... 1230.1 Div. 2. Administration .......................... 1232 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 ....................... 1254 Div. 1. Generally ............................... 1254 Div. 2. Cross -Connection Control, Backfiow 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 ................................................. 1305 Art. I. In General. 1311 Art. II. Administration .............................. 1316 Div. 1. Procedure; Land Use Decisions ........... 1316 Div. 2. Planning and Zoning Board, . 1322 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. R4AA and R-lA One -Family Dwelling Dis- tricts...................................0 1327 Div. 5. R-1 One -Family Dwelling Districts ....... 4 1329 Div. 6. R-3 Multiple -Family Dwelling Districts .... 1330 Div. 7. C-1 Neighborhood Commercial Districts ... 1330.2 Div. 8. C-2 General Commercial District.......... 1332 Div. 8.5. 1-1 Light Industrial District. . 0 . 0 4 * 0 0 0 024 1336 Div. 9. R-U Rural Urban Dwelling Districts ...... 1336.2 Div. 10. T-1 Trailer Home Districts. . a 0 * * 0 0 % 9 0 0 q * 0 1336.3 Div. 11. R-T Mobile Home Park Districts ......... 1337 Div. 12. Town Center District Code ............. 0 1341 Supp. No. 19 x Chapter WINTER SPRINGS CODE Div. 13. Gremeway Interchange Zoning District . . Div. 14. CC Commerce Center Zoning District ... . Div. 15, C-3 Highway 19-92 Commercial District, . Art. IV. Planned Unit Developments ................ . Art. V. Supplemental District Regulations .... sett ... . Div. 1. Generally .............................. . Div. 2. Motor Vehicles ........................... Div. 3. Siting and Regulation of Telecommunications Towers ............. . Div. 4. Regulation of Home Occupations or Home Offices.................................. Art. VI. S.R. 434 Corridor Vision Plan .............. . Div. 1. S.R. 434 Corridor Overlay District Div. 2. General Design Standards for New Develop- mentArea ............................... Div. 3. General DesiLyn Standards for R.edevelon- ment Area .............................y. Div. 4. Reserved ................................ Code Comparative Table-1974 Code ........................ . Code Comparative Table —Ordinances ....................... . State Law Reference Table ................................... Charter Index ............................................... CodeIndex ................................................. Page 1342.36 1345 1347 1349 1355 1355 1358 1370.3 1380 1380.2 1380.2 1380.2 1389 1404 2091 2093 2145 2197 3101 Supp. No. 19 xiv 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 19 7% 80 OC 19 817 82 OC v, vi OC 83 4 vii, viii OC 1332 134 19 ix, x 19 135, 136 18 xi, xii 19 1377 138 17 xiii, xiv 19 139, 140 19 SH:1, SH:2 19 140.1, 140.2 19 1, 2 16 141, 142 16 3, 4 16 143,144 16 5, 6 16 144.1, 144.2 16 7, 8 16 144.3, 144.4 16 9, 10 16 145,146 19 1112 16 146.1, 146.2 19 13, 14 16 147, 148 15 15, 16 12 148.11 148.2 15 17, 18 12 149, 150 OC 19, 20 12 151, 152 18 21 19 153, 154 18 67 16 155, 156 18 77, 78 4 203, 204 4 [1] Supp. No. 19 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 205, 206 4 387, 388 19 072208 4 389, 390 19 257 OC 391, 392 19 259 OC 393, 394 19 309, 310 18 395, 396 19 3112 312 18 397, 398 19 313, 314 18 433, 434 14 315, 316 18 435,436 14 3173 318 19 437, 438 14 319, 320 18 4395440 OC 321, 322 18 441,442 OC 323, 324 18 493, 494 3 825 q26 78 nnr� AO6 12 277328 5 497, 498 12 32% 330 5 499, 500 12 31,332 5 501,502 12 333, 33� 5 502.1, 502.2 12 335, 336 5 503, 504 1 337, 338 5 505, 506 1 339, 340 5 507 1 341, 342 5 555,556 9 343, 344 5 557,558 18 345, 346 5 559, 560 18 347, 348 5 561, 562 16 492350 5 563, 564 16 351, 352 5 564.1, 564.2 16 353 5 564.3, 564.4 16 365, 366 19 565, 566 OC 367, 368 19 567, 568 OC 36% 370 19 569, 570 OC 371, 372 19 571, 572 OC 373, 374 19 573, 574 17 752376 19 575, 576 OC 772378 19 577, 578 OC 37% 380 19 579, 580 OC 81,382 19 5817 582 6 383, 384 19 582.1, 582.2 6 385, 386 19 5835584 1 [2] Supp. No. 19 CHECKLIST OF UP TO DATE PAGES Page No. Supp. No. Page No. Supp. No. 584.1, 584.2 3 693, 694 19 585, 586 OC 695, 696 10 87,588 OC 696.17 696.2 10 589, 590 16 697, 698 5 591, 592 16 69% 700 5 592.1, 592.2 3 701, 702 5 593, 594 OC 7037704 5 95,596 OC 705,706 10 597, 598 OC 707,708 5 599,600 OC 70% 710 10 6017 602 OC 711,712 5 603, 604 OC 713,714 5 305,606 2 715,716 10 607,608 7 717,718 5 60% 610 7 71% 720 5 611,612 OC 721,722 5 613,614 10 723,724 5 615,616 OC 725,726 10 617,618 OC 727,728 5 619,620 OC 7297730 5 621,622 OC 731,732 10 623,624 15 733,734 10 6257626 8 7357736 10 627,628 18 737,738 19 6297630 18 761,762 17 6317632 18 7637764 17 635,636 OC 815,816 16 637,638 2 817,818 OC 6392640 10 819, 820 7 641, 642 10 821, 822 7 643,644 10 823,824 15 644.1, 644.2 10 825,826 16 644.3, 644A 10 827,828 16 644.5, 644.6 10 8297830 16 645,646 11 873,874 19 647,648 5 875,876 6 6497650 15 877,878 6 6517652 10 879, 880 19 [3] Supp. No. 19 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 881, 882 19 1171, 1172 OC 883, 884 19 1173, 1174 OC 885, 886 19 1175, 1176 4 887, 888 19 1177, 1178 12 88% 890 19 1179,1180 12 891, 892 19 1181, 1182 12 93,894 19 1183, 1184 12 931, 932 3 1185, 1186 12 933, 934 16 11873 1188 12 985, 986 19 1189 12 987, 988 19 1227, 1228 10 989 19 122% 1230 16 10n 1 1()4 9 Q i n 1043, 1044 OC 1230.3, 1230.4 10 1045, 1046 19 1231, 1232 OC 1047, 1048 19 1233, 1234 OC 7049, 1050 19 1235, 1236 Oc 1051, 1052 19 1237, 1238 OC 1053, 1054 19 123% 1240 OC 1055, 1056 19 1241, 1242 18 1057, 1058 19 1243, 1244 18 1059 19 1245,1246 18 1101, 1102 18 124601) 1246.2 18 1103, 1104 18 1247, 1248 15 1105, 1106 18 1249, 1250 15 1107, 1108 18 1251, 1252 18 1109, 1110 18 1252.1, 1252.2 16 1111, 1112 18 1253, 1254 16 1113, 1114 18 1255, 1256 16 1157, 1158 12 1257, 1258 16 1158.1, 1158.2 12 1259, 1260 16 1159, 1160 2 1260.11 1260.2 6 1161, 1162 2 1260.3, 1260.4 6 1162.1, 1162.2 3 1260.55 1260.6 10 1163, 1164 OC 1260.7, 1260.8 10 1165, 1166 17 1261, 1262 3 1167, 1168 OC 1263, 1264 16 1169, 1170 OC 1265, 1266 16 [4] Supp. No. 19 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 1267, 1268 16 1342027, 1342.28 18 1305, 1306 16 1342.29, 1342030 18 1307, 1308 18 1342.31, 1342032 18 130% 1310 19 1342033, 1342.34 18 1310.1, 1310.2 19 1342.35, 1342.36 18 1311, 1312 18 1342.36.1, 1342.36.2 18 1313, 1314 18 1342.36.3, 1342.36.4 18 1315, 1316 18 1342.36.5, 134203696 18 1317, 1318 16 1342.36.7, 134263668 18 1319, 1320 16 1342.36.9, 1342.36.10 18 13217 1322 16 1342.36.11, 1342.36.12 18 1323, 1324 16 1342.36.13, 1342036014 18 1325, 1326 18 1342.36.15, 1342.36.16 18 1327, 1328 18 1342.36.17, 1342.36618 18 1329, 1330 18 1342.36.19, 1342436.20 18 1330.1, 1330.2 15 1342.36.21, 1342436422 18 1331, 1332 19 1342.36.23, 1342036024 18 1333, 1334 19 1342.36.257 1342.36026 18 1335, 1336 19 1342.36.272 1342.36.28 18 1336617 1336.2 19 1342.36.29, 1342.36.30 18 133602017 1336.2.2 19 1342.36.31, 1342036032 18 1336.3, 1336.4 16 1342.36.33, 1342.36.34 18 1337, 1338 OC 1342.36.35, 1342.36.36 18 1339, 1340 OC 1342.36.37, 1342036038 18 1341, 1342 18 1342.36.39, 1342.36040 18 1342.1, 1342.2 18 1342.36.41, 1342636642 18 1342.3, 1342.4 18 1342.36.43, 1342.36A4 18 1342.5, 1342.6 18 1342.36.45, 1342436446 18 1342.7, 1342.8 18 1342.36.47, 1342.36448 18 1342.97 1342.10 18 1342.36.49, 1342.36650 18 1342.11, 1342612 18 1342.36.51, 1342636.52 18 1342.13, 1342.14 18 1342.36.53, 1342.36.54 18 1342.15, 1342416 18 13420366557 1342636.56 18 13429172 1342.18 18 1342.36.57, 1342.36.58 18 1342.19, 1342.20 18 1342.37, 1342.38 16 1342.21, MUM 18 1342.38.1, 134203802 16 1342.23, 1342024 18 1342.39, 1342.40 7 1342.257 1342026 18 1342.41, 1342.42 1 [5] Supp. No. 19 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 1343, 1344 17 2101, 2102 18 1345, 1346 19 2103, 2104 19 1347, 1348 19 2145, 2146 19 134801, 1348.2 19 2147 19 1349, 1350 18 2197, 2198 16 1351,1352 18 2199 16 1353, 1354 18 3111, 3112 19 1355, 1356 18 3113, 3114 19 1357, 1358 19 3115, 3116 19 1359 19 3117,3118 19 1367,1368 15 3119 19 136% 1370 15 3121,3122 18 1370,1, 1370.9 15 9123 19 1370.3, 1370.4 15 3125, 3126 19 1371, 1372 10 3127, 3128 19 1373, 1374 16 3129, 3130 19 1.375, 1.376 10 31312 3132 19 1377, 1378 10 3133, 3134 19 137971380 18 3135 19 1380.1, 1380.2 19 3137, 3138 18 1380.2.1, 1380.2.2 19 3139, 3140 19 1380.3, 1380.4 18 1380.5, 1380.6 18 1381, 1382 OC 1383, 1384 19 1387, 1388 16 1389, 1390 16 1393, 1394 OC 1395, 1396 1 1397, 1398 19 1403, 1404 5 1405, 1406 1 1407 1 2091, 2092 OC 2093, 2094 OC 2095, 2096 OC 2097, 2098 9 209% 2100 9 [6] Supp. No. 19 SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code and are considered "Includes." Ordinances that are not of a general and permanent nature are not codified in the Code and are considered "Omits." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Ord. No. Date Adopted 'include) Omit Supp. No. 2010-03 4-12-10 Include 16 2010-06 8-23-10 Include 16 2010-07 8-23-10 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 2010-14 5-2440 Include 16 2010-19 8- 9-10 Include 16 2010-21 9-13-10 Include 16 2011-02 5- 941 Include 17 2011-04 2-14-11 Include 17 2011-05 2-28-11 Include 17 2011-06 6-2741 Include 17 2011-09 7-11-11 Include 17 201140 7-2541 Include 17 2011-11 8-22-11 Include 18 2011-13 9-26-11 Include 18 2011-08 10-1041 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 2012-06 342-12 Include 18 2012-07 2-2742 Include 18 2012-08 5.29-12 Include 19 2012-09 7-2342 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 1149-12 Include 19 2013-02 2-25-13 Include 19 Supp. No. 19 SH: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- 943 Include 19 Supp. No. 19 SH:2 CI ARTER distance of 655.47 feet through a central angle of 19005'35"; thence South 86029'50" East a distance of 1449.46 feet to the East line of the Moses E. Levy Grant; thence South 04013'03" West a distance of 508.82 feet to a point on a curve concave North- erly 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 55019' West along said right-of-way line a dis- tance 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 85039'35" 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 anA 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 [The next page is 67] Supp. No. 19 21 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 Subdivision A. Board Sec. 2-56. Creation Sec. 2-57. Membership; appointment; qualifications. Sec. 2-58. Election of officers; quorum; compensation; expenses. Sec. 2-59. Code inspector; duties. Sec. 2-60. Hearings. Sec. 2-61. Powers. Sec. 2-61.5. Application for satisfaction or release of code enforcement liens. Sec. 2-62. Duration of lien. Sec. 2-63. Appeals. Sec. 2-64. Notices. Sec. 2-65. Provisions of article supplemental. Subdivision B. Citations Sec. 2-66. Intent. Sec. 2-67. Definitions. Sec. 2-68. Designation, qualifications and training of code enforcement officers. Sec. 2-69. Authority of code enforcement officers. Editor's note —The city commission has by various m•dinances chosen not to have certain county ordinances in effect within the city. These ordinances are on file in the city clerk's office. Cross references —Alcoholic beverages, Ch. 3; city fm•estry 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, F.S. ch. 166. Supp. No. 19 133 WINTER SPRINGS CODE 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 committees. Sec. 2-78. Master beautification plan; recommendations to city commission. Secs. 2-79, 2-80. Reserved, Article IV. Elections Sec. 2-81. Election supervisor. Sec. 2-82, Proclamation. E.C. `Z-o "ar. ^ 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. 19 134 ADMINISTRATION (b) F.S. § 100.361 is hereby incorporated in haec verba into this section and all provisions shall be applicable to any public elected official of the city. (Code 1974, § 2-3) Cross reference —Elections, § 2-81 et seq. Secs. 2-27-2-40. Reserved. ARTICLE III. BOARDS, COMMITTEES, COMMISSIONS* DIVISION 1. GENERALLY Sec. 2-41. Appointments of boards and com- mittees. (a) Purpose. The purpose of this section is to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city. The purpose of this section is also to establish uniform and consistent proce- dures and requirements for establishing and/or abolishing boards and committees, and appoint- ing and removing members thereof, and for con- ducting board and committee business. To the extent the provisions of this section conflict with other provisions of this Code, it is the intent of the city commission that the provisions of this section shall prevail. (b) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the following meaning: "Resident" shall mean any person living within the city limits at all times while serving on said board or committee, and at least six (6) months prior to being nominated, elected or appointed to the board or committee. *Cross references —Site plan review board, § 9-342 et seq.; planning and zoning board, § 20-51 et seq.; board of adjustment, § 20-76 et seq. (c) Requirements of board and committee mem- bers. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following requirements, except as oth- erwise provided by state or federal law: (1) Complete a board or committee applica- tion as prescribed by the city commission; (2) Consent to a standard criminal back- ground check; (3) Be duly registered to vote in Seminole County; (4) Be a resident as defined in this section; and (5) Has never been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction, any plea of nolo contendere shall be considered a conviction for pur- poses of this paragraph. (d) Appointment of members. Unless otherwise required by state or federal law, or specifically provided otherwise in the Code, each city board and committee shall be comprised of at least five seats numbered one, two, three, four and five, and appointments shall be as follows: (1) Each city commissioner shall appoint one member to the seat on each city board or committee that corresponds to the city commissioner's seat. Appointments shall be made within thirty (30) days of the expiration of the prior term for that seat. If an appointment is not made within such thirty -day time period, the appoint- ment shall be made by a majority vote of the commission. The city commission may accept appointments made by any com- missioner or the mayor regardless of seat number. (2) For any seat not corresponding to a com- mission seat number, the city commission may accept appointments made by any commissioner or the mayor regardless of seat number. (3) All appointments to a city board or com- mittee are not effective until the appoint- ment is ratified by majority vote of the city commission. Supp. No. 19 139 WINTER SPRINGS CODE (4) A board or committee appointment shall not be construed as creating or conferring, upon a person, any right or interest in serving on a board or committee includ- ing, but not limited to a contract, liberty, property or vested right. (e) Removal of members. Board and committee members shall serve at the pleasure of the city commission and may be summarily removed at any time with or without cause. If a member is removed, or vacates their appointment for any reason, including death, excessive absences, or resignation, prior to the expiration of their term, such vacancies in the board shall be filled by the city commission member whose seat number cor- responds with the vacant board seat subject to . . cuituiiis8luu rauiiicatioii, for rile uiiexpireu term of such vacancy. If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commission. (f) Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve four-year terms and may be reappointed for subsequent four-year terms. All board and committee members shall be lim- ited to three (3) consecutive full terms of office on any one board or committee. (g) Absences. Unless otherwise provided by state or federal law, any board or committee member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or com- mittee, or seven (7) absences from any meeting of the board or committee within a twelve-month period (starting with the last absence and count- ing backward), shall be deemed automatically removed from the respective board or committee on which the absences have occurred. However, for boards and committees that regularly meet on a quarterly or less frequent basis, the number of absences which shall cause automatic removal shall be two (2) consecutive absences from any regularly scheduled meeting of the board or com- mittee, or two (2) absences from any meeting within a twelve-month period. Any meeting which is cancelled, other than for lack of a quorum, shall not be counted for purposes of determining absen- teeism. Absences which occurred prior to the date of reappointment of any board or committee mem- ber shall not be counted toward automatic re- moval. (h) Chairmanships. Uneess otherwise pro- vided by state or federal law, each board and committee shall be responsible to elect, by major - vote of the members of each board or commit- tee, a chairperson and vice -chairperson. The elec- tion shall occur annually at the first meeting held in January, unless there is no January meeting, then the next meeting held. All newly established boards and committees shall make such elections at their regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chair- person or deputy -chairperson. (i) Alternate members. At the discretion of the city commission, two (2) alternate members may be appointed to each City of Winter Springs board or committee, unless otherwise provided by law. ternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be permitted to vote on matters before the board or committee unless they have assumed the du- ties of an absent regular member. The member of the board who has served longer as an alternate member shall be the first alter- nate board member. If the first alternate member leaves the board or is appointed a regular board member, the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate member. The next appointed alternate member shall be designated as the second alternate board mem- ber. In the absence of a regular member fiom an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at that meeting. If two (2) or more regular board members are absent fiom an official board meeting, the second alter- nate 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 Supp. No. 19 140 ADMINISTRATION from an official board meeting, the second alter- nate 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 mem- ber resigns from such board or committee, or is removed, in accordance with this chapter, from any such board or committee. (Ord. No. 200149, § 2, 10-8-01; Ord. No. 2001-61, § 2, 144-02; Ord. No. 2002-28, § 2, 9-23-02; Ord. No. 2005-31, § 2, 11-28-05; Ord. No. 2010-14, § 2, 5-2440; Ord. No. 2012-08, § 2, 5-29-12) Note —Formerly numbered as § 2-42. Sec. 242. 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. Sec. 243. Bicycle and pedestrian advisory committee —Creation; composi- tion; appointment of members. (a) Pursuant to Transportation Element Policy 1.5.18 of the city's comprehensive plan, the city hereby establishes a trails advisory committee which shall be known as the "Bicycle and Pedes- trian Advisory Committee." (b) The committee shall have five (5) members and membership on the committee shall be in accordance with the terms of section 242 of this code except as expressly provided in this section. The committee may additionally include ex officio members, who may or may not be residents of the city, who can provide technical support or exper- tise 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 meetings. Any commissioner or the mayor may appoint an ex officio member but such appointment is not effective until ratified by ma- jority vote of the city commission. (c) Appointees to the committee shall have knowledge and experience or interest in the plan- ning and implementation of a city interconnected 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) quar- terly 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 direction of the city commission. (f) The committee shall be subject to the Flor- ida Public Records Act and the Sunshine Law. (Ord. No. 2010-06, § 2, 8-23-10) 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 Supp. No. 19 140.1 § 2-44 WINTER SPRINGS CODE 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 fur- Supp. No. 19 140.2 Section Title Class 9-349(a), (b), (c) Site plan violation III 6465 Building mainte- nance to code III Additional offenses to class I, II, and III IV Ch. 17, City parks and other Art. V public recreation ar- eas Violation Classification Class I Class II Class III Class IV ADMINISTRATION I(except §§ 17-104, 17-105, 17-10% 17-110, 17-114, and 17- 115 shall be class III) Civil Penalty $ 50.00 WOW 200.00 300.00 (b) The citations issued pursuant to sections 2-69.2, 2-69.3, and 2-69.4 may be contested in county court in and for Seminole County. (Ord. No. 547, § I(§ 2-66g), 11-22-93; Ord. No. 2006-23, § 3, 12-11-06; Ord. No. 2012-02, § 3, 1-23-12) Sec. 2-69.5. Procedures to pay or contest ci- tations. (a) Any person cited for a violation under sec- tions 2-69.1, 2-69.2, 2-69.3, and 2-69.4 shall within thirty (30) days of issuance of the citation: (1) Pay the civil penalty set forth in the schedule of violations at the clerk of the circuit court's office; or (2) Contest the citation in county court through appearance at the clerk of the circuit court's office to receive a court date. (b) If the person cited pays the civil penalty as provided in subsection (a)(1) of this section, he shall be deemed to have admitted the civil infrac- tion and to have waived his right to a hearing to contest the citation. § 2-69.6 (c) If the person cited appears at the clerk of the circuit court's office to receive a court date as provided in subsection (a)(2) of this section, he shall appear on said court date to contest the citation in county court and he shall be deemed to have waived his right to the civil penalty set forth in the schedule of violations and shall be subject for each violation to the maximum civil penalty which shall not exceed five hundred dollars ($500.00) plus any applicable court costs. (d) If the person cited fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and judgment may be entered against the person for an amount up to the maximum civil penalty not to exceed five hundred dollars ($500.00). (e) Any person who willfully refuses to sign or accept a citation issued by a code enforcement officer or refuses to provide the information re- quired in the citation shall be in violation of this section and shall be prosecuted as a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083 of the Florida Statutes. (Ord. No. 547, § I(§ 2-66h), I1-22-93) Sec. 2-69.6. Citation contents. The citation issued by the code enforcement officer shall be in a form prescribed by the city and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code en- forcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (8) The applicable civil penalty if the person elects not to contest the citation. Supp. No. 19 145 § 2-69.6 WINTER SPRINGS CODE (9) The applicable civil penalty if the person DIVISION 4. URBAN BEAUTIFICATION' elects to contest the citation, (10) A conspicuous statement that if the per- son fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to con- test the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Ord. No. 547, § I(§ 2-66i), 11-22-93) Sec. 2-69.7. Disposition of citations and civil penalties. (a) After issuing a citation to an alleged viola- tor, the code enforcement officer shall' (1) Deposit the original citation and one (1) copy of the citation with the clerk of the circuit court; (2) I'�•otTide the alleged violatoil :with o11e (1) copy; (3) Deposit one (1) copy with city clerk; and (4) Retain one (1) copy in the code enforce- ment officer's department file. (b) All civil penalties received by the county court fi om violators of city codes or ordinances shall be paid into the general fund of the city in the penalty and fine account. All court costs shall be retained by the clerk of the circuit court. (Ord. No. 547, § I(§ 2-66j), 11-22-93) Sec. 2-69.8. Provisions supplemental. It is the legislative intent of this subdivision to proviAe an additional and supplemental means of obtaining compliance with city codes and ordi- nances. Nothing contained in this subdivision shall prohibit the city fi•om enforcing its codes orordinances by any other means. (Ord. No. 547, § I(§ 2-66k), 11-22-93) DIVISION 3. RESERVED* Secs. 2-70-2-75. Reserved. *Editor's note —Ord. No. 709, § I, adopted Dec. 14, 1998, repealed Former Div. 3, §§ 2-70-2-73—, in its entirety which pertained to the commerce and industry development board and derived from Ord. No. 424, §§ 14, adopted July 11, 1988. Sec. 2-760 Purpose and intent. The purpose of this division is to emphasize the city commission's commitment to urban beautifi- cation throughout the city. The commission recog- nizes that various city boards and committees and city staff members play an important role in the city's beautification efforts within their respec- tive areas of discipline and jurisdiction that have been assigned by city code, the city commission and city manager. It is the intent of this division to promote urban beautification within the city and to authorize the city manager to coordinate this effort in an efficient manner on behalf of the city, (V1'(1. Ao. GU1G-11, Z, 1)-lU4G) Sec. 2-77. City manager's duties; use of ex- isting city boards and commit- V �Ow (a) The city manager is empowered and di- rected to consider and study the entire field of beautification in the city, and shall advise, coun- sel and consult with the city commission in con- nection with the beautification and preservation of natural beauty of the city including the city's master beautification plan. To the extent deemed necessary and appropriate by the city manager, the city manager may assign these responsibili- ties to the city staff including city's urban beau - cation division within the community develop- ment department. (b) The city manager is authorized to cooper - ate with civic groups, garden clubs, governmental agencies and other organizations regarding beau - cation, conservation of natural beauty, and related subjects. In addition, the city manager is authorized, to the extent deemed necessary and 1'Editor's note —Ord. No. 2012-11, § 2, adopted Sept. 10, 2012, amended former Div. 4, §§ 2-76-2-80, in its entirety to read as herein set out. Former Div. 4 pertained to the Beautification of Winter Springs Board and derived from Ord. No. 459, §§ 1-5, 5-22-89; Ord. No. 2002-28, § 2, 9-23-02; Ord, No. 2010-14, § 2, 5-24-10. Cross references —Building regulations generally, Ch. 6; fences, walls and hedges, § 6-186 et seq.; land development, Ch. 9; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20, Supp. Mn 19 146 ADMINISTRATION appropriate, to use the various existing boards and committees of the city to consider beautifica- tion issues and to make recommendations to the city, provided said use of the board or committee falls within the general scope of authority or jurisdiction assigned to the board or committee by the city commission. (Ord. No. 2012-11, § 2, 9-10-12) Sec. 2-78. Master beautification plan; recom- mendations to city commission. (a) The city will prepare and maintain a mas- ter plan for the overall beautification of the city with regard to those areas owned by the city, and recommendations to private and public property owners. The master plan may consist of various documents approved by the city commission in- cluding, but not limited to, the comprehensive pIan, city codes, subarea beautification, aesthetic, and architectural plans like the Town Center District Code. To the extent the city commission or city manager deems it in the city's best inter- est, the city shall work with the various city boards and committees, as well as other civic groups and governmental agencies operating within the environmental limits of the city, to promote and enhance the following: (1) Beautification efforts relevant to and rec- ognized by the city including, but not limited to, beautification special assess- ment areas, entrance approaches to the city, parks and recreational facilities, rec- reational and bicycle trails, roadway me- dians, and conservation areas; (2) Surrounding county and other municipal jurisdiction areas which affect the impres- sions of visitors and citizens of the area with regard to the city. (b) The city manager shall recommend to the city commission such overall beautification proj- ects as seem warranted and in the city's overall beautification interests. (Ord. No. 2012-11, § 2, 94042) Secs. 2-79, 2-80. Reserved. ARTICLE IV. ELECTIONS* Sec. 2-81. Election supervisor. The city clerk is hereby designated the super- visor of elections for the city. (Code 1974, § 2-27) Sec. 2-82. Proclamation. The mayor shall issue a proclamation calling the municipal elections provided for in this article and at least sixty (60) days prior thereto. The proclamation shall be published in a newspaper of general circulation in this city once each week for four (4) consecutive weeks prior to the municipal election. (Code 1974, § 2-29) Sec. 2-83. Municipal elections to be general elections. Municipal elections held as provided in this article shall be general municipal elections and no other municipal primary or general election shall be necessary. The successful candidates deter- mined as provided in this article shall be the duly elected officers for their respective offices and shall take office on the first Monday after the first day of December next succeeding the election. (Code 1974, § 2-30) Charter reference —Election date, § 4.03. Sec. 2-84. Determination of person elected. The person receiving the highest number of votes cast for one (1) office is elected to the office. If there should be more than two (2) candidates for any one (1) office, and two (2) candidates receive an equal and highest number of votes cast in the municipal election for the same office, then the two (2) candidates receiving an equal and highest number of votes cast shall run again in a runoff municipal election. As scheduled by the city commission, the runoff election shall be held no later than sixty (60) days following the initial *Charter references —City commission election and terms, § 4.03; nominations and elections, § 8.01 et seq. Cross reference —City commission, § 2-26 et seq. Supp. No. 10 146.1 § Z_04 WINTER SPRINGS CODE election and the candidate receiving the majority of the votes cast at such runoff election shall be elected. (Code 1974, § 2-31; Ord. No. 2008-16, § 2, 9-8-08) Sec. 2-85. Election boards. The mayor shall appoint an election board for the municipal elections herein provided for. The names of the members of such election board shall be included in the proclamation for the holding of the municipal elections. The mayor shall fill any vacancy in the election board by appointment. The compensation of such boards shall be set by the city commission. The duties and responsibili- ties of the election board shall be those as stated in F.S. ch. 102, for state offices. In years when the uLU llLy buljuiv1SV1 U1 elCCLlUllb C011UUCUS AW 111U- nicipal election, the supervisor shall appoint the election board, shall fill any vacancy and shall set the compensation of the election board. (Code 1974, § 1-3?) Sec. 2-86. Nonpartisanship required. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. (Code 1974, § 2-33) Sec. 2-87. Qualification of candidates. Each candidate seeking the office of city com- missioner or mayor or any other elective office of the city shall file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city commis- sioner or mayor of any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying. Each candidate seeking the office of city commissioner shall be a resident of a designated commission district as established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city commissioners shall run at large as commission candidates under district designation. All candidates for offices in municipal elections shall be registered and qual- ified electors of the city at the time of their qualifying as a candidate with the city clerk and shall file qualifying papers in accordance with state statutes and pay the qualifying fee and election assessment provided for in section 2-88. Such application shall be filed and the qualifying fee paid during regular business hours any time after 12:00 noon on the first filing date, which shall be seventy-one (71) calendar days prior to the municipal election, but not later than 12:00 on on the sixty-seventh (67) calendar day prior to the municipal election. In the event, the first or last filing date falls on a Saturday, Sunday, or legal holiday, then the subject filing date shall be rescheduled to the next regular business day. (Code 1974, § 2-34; Ord. No. 494, § 2, 843-90; Ord. No. 2004-25, § 2, 644-04) (a) If the death, withdrawal or removal of a qualified candidate following the end of the qual- ng period results in only one candidate remain- ing on the ballot for that office, the remaining candidate shall be declared elected and no elec- tion for that office shall be required. (b) If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period results in no candi- dates for an office, and if a vacancy shall result on the city commission, such vacancy shall be filled in accordance with section 4.08(c) of the Charter of the City of Winter Springs, Florida. (c) A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee. (Ord. No. 509, § 1, 9-23-91) Supp. No. 19 146.2 TREE PROTECTION AND PRESERVATION where compliance with the requirements set forth herein would be unnecessarily burdensome and the exempted portions are not needed for the city to evaluate the application. (d) Permit fee. A nonreturnable permit fee to be established by resolution of the city commis- sion shall be paid for purposes of processing the application, enforcing the provisions of this chap- ter, and inspecting the real property subject to the application. (e) Posting of permit. The permit must be posted upon the property and visible from the street to be valid. (f) City commission approved plans, permits, and agreements. All permits issued by the city arborist under this chapter shall be required to be consistent, and not in conflict, with any plans, permits, or development agreements approved by the city commission. All permits or portions thereof issued by the city arborist in conflict with any approval of the city commission shall be deemed null and void and the approval of the city com- mission shall remain in full force and effect. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-27-12) Sec. 5-7. Tree pruning standards. (a) Standards adopted. Trees intended for shade purposes shall be allowed to reach mature canopy spread and shall be pruned in accordance with the ANSI A 300 Part I Pruning standard and ANSI Z133.1 safety standard. Pruning should be performed with defined pruning objectives and according to a specific pruning plan to accomplish the objective including the minimum and/or max- imum branch size to be removed. (b) Unlawful pruning. The pruning techniques described in section 5-10(i) of this chapter shall be deemed unlawful. (2003-22, § 2, 10-13-03) Sec. 5-8. Specimen or historic trees. (a) Designation. Certain trees, herein referred to as "specimen" or "historic" trees, are of espe- cially great concern to the public because of eco- logical value, of indigenous character, size, age or historic association. Determination that a tree is a historic tree shall be made by resolution of the city commission after a recommendation of the city's arborist, and the city arborist shall keep a permanent record of all trees so designated by the city commission. Specimen trees are all trees (other than "undesirable trees" identified in Ap- pendix A, dead trees or diseased trees) which have a DBH of twenty-four (24) inches or more. Desig- nation as an historic tree may occur in any one of the following ways: (1) An applicant may request designation of an historic tree as part of any master plan, preliminary subdivision plat, or site plan application. To do so, the applicant shall submit an expert evaluation by a landscape architect, horticulturalist, city forester, or other horticultural expert as part of the application. (2) A property owner may request such des- ignation at any time. To do so, the prop- erty owner shall submit an expert evalu- ation by a landscape architect, horticulturalist, city arborist or other hor- ticultural expert. (3) The city's arborist may recommend such designation as part of their review of any application for development, stating in writing their reasons for such designa- tion, or may make such designation as part of an overall tree protection planning program for the city or portion thereof. (4) Historic tree designations shall be subject to approval by resolution of the city com- mission and the city commission may grant tree replacement credits, upon granting an historic tree designation. (b) Removal. Notwithstanding any other pro- vision of this chapter, specimen or historic trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the city commission. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2011-16, § 2, 2-2742; Ord. No. 2012-12, § 2, 9-10-12) Sec. 5-9. Tree replacement guidelines. (a) 73•ee replacement. All trees that are re- moved or destroyed and subject to replacement by this chapter shall be replaced by a species of tree Supp. No. 19 317 WINTER SPRINGS CODE cited in Appendix B, desirable trees or such other nance of trees on public lands. The trees properly approved by the city arborist. Re- contribution to the tree bank may be placement shall occur prior to the issuance of a waived by the city commission for certificate of occupancy (if approval is pending) or individual homeowners, on a case - within sixty (60) days of removal or destruction, by -case basis, if the homeowner can whichever date is earlier, unless a greater replace- demonstrate that the payment of the ment period is provided for good cause by permit. fee will cause the homeowner an (b) Criteria for replacement trees is as follows: undue economic hardship. Substi- tute tree(s) allowed under this waiver (1) Characteristics of replacement trees. The provision must have the approval of replacement tree(s) shall have at least the city commission. The amount to equal shade potential, screening proper- be paid into the tree bank shall be ties, and/or other characteristics compa- set forth in Table 1 and should be rable to that of the tree(s) requested to be based upon wholesale market value removed. of the trees being replaced, plus in- stallation and maintenance costs to (2) Size of replacement trees. Replacement establish the tree. �7'!.P.(4;) ai'n to hn maim nnnnr,�in rr to thn tree replacement standards set forth in b. Renewable resource waivers. The tree Table 1 [at the end of this section]; or (2) replacement and tree bank require - otherwise agreed upon by the city commis- ments of this section shall not apply sion and applicant. if a permit based on sections 5-4(b)(8) and 54(c)(4) is issued. if the permit- (3) Ziee species. Relocated or replacement trees tee does not maintain and operate shall include only species and sizes de- the permitted energy device for at fined as desirable trees (Appendix B) un- least three (3) years, the permittee der this chapter. must replace the removed trees or (4) Transplanting and maintenance require- pay a tree replacement fee to the ments. All trees transplanted pursuant to city's tree bank as required by this this chapter shall be maintained in a section. healthy, living condition. Any such trees (6) Replacement guidelines. The following tree which die shall be replaced and main- replacement guidelines shall apply: tained by the property owner. The city shall retain jurisdiction for one (1) year to a. All plant material specified shall be ensure compliance with this chapter. Florida Grades and Standard One (1) or better. (5) Waivers of replacement tree(s) specifica- b. For each tree located within a public tions. conservation area (excluding iuris- a. General waivers. The number of re- dictional wetlands determined by the quired replacement trees may be St. John's River Water Management waived by the city commission, if the District or the U.S. Army Corp of city commission determines that the Engineers, or as depicted on Map remaining number of trees to be pre- V-3: Existing Wetlands in the City of served on site are of sufficient num- Winter Springs Comprehensive Plan) ber and quality to substantially com- dedicated to the city as part of a ply with the purpose and intent of development project, three (3) replace - this chapter and a tree replacement ment tree credits may be applied to fee is paid to the city's "tree bank," the total number of trees required to which is hereby established. Monies be replaced by this chapter. How - collected in the tree bank shall be ever, the minimum tree requirement used for enhancement and mainte- set forth in section 5-13 shall still Supp. No. 19 318 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 Building Code. Sec. 6-32. Administrative amendments to Chapter 2 of the Florida Building 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. 19 365 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. 6-215-6-218. Reserved. Sec. 6-219, Yards. Sec. 6-220. Pool removal. Sec. 6-221. Reserved. Sec. 6-222. Nuisances. Sec. 6-223. Conflict with deed restrictions. Secs. 6-224-6-239. Reserved. Secs. 6-240-6-249. Reserved, Secs. 6-250-6-258. Reserved. Article VII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit Sec. 6-270. Intent and purpose. Sec. 6-271. Findings. Sec. 6-272. Citation authorized for construction contracting violations. Sec. 6-273. Citation form. Sec. 6-274. Penalty. Sec. 6-275. Refusal to sign citation. Sec. 6-276. Stop work. Sec. 6-277. Correction of violation; payment of penalty; notice of hearing. Sec. 6-278. Administrative hearings; accrual of penalties. Sec. 6-279. Appeals of code enforcement board decisions. Sec. 6-280. Recording code enforcement board orders. Sec. 6-281. Notices. Secs. 6-282-6-299. Reserved. Article VIII. International Property Maintenance Code Sec. 6-300. International Property Maintenance Code adopted. Sec. 6-301. Supplemental; minimum standards. Sec. 6-302. Preemption; Florida Building Code; Florida Fire and Life Safety Code, Supp. No. 19 366 BUILDINGS AND BUILDING REGULATIONS § 6-31 ARTICLE I. IN GENERAL certificate issued hereunder, shall be guilty of a violation of this Code and shall be punished in Sec. 64. Purpose. accordance with section 1-15. (Code 1974, § 5-7) The purpose of this chapter is to provide cer- tain minimum standards and requirements in all matters relating to buildings and structures and the uses thereof and to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conserva- tion, and safety to life and property from fire and other hazards attributed to the built environ- ment. (Code 1974, § 5-1; Ord. No. 2012-15, § 2, 10-8-12) Sec. 6-2. Compliance with chapter. (a) No building or structure shall hereafter be constructed, altered, repaired or removed, nor shall the equipment of a building, structure or premises be constructed, installed, altered, re- paired or removed, except in conformity with the provisions of this chapter. (b) No building or structure shall be altered in any manner that would be in violation of the provisions of this chapter or any authorized rule or approval of the building inspector made and issued pursuant to this chapter. (Code 1974, § 5-4) Sec. 6-3. Use of building erected or altered in violation of chapter. It shall be unlawful for any person to maintain, occupy or use a building or structure, or part thereof, that has been erected or altered in viola- tion of the provisions of this chapter. (Code 1974, § 5-5) Sec. 64. Violations. Any person who shall violate a provision of this chapter or fail to comply herewith or with any of the requirements hereof, or who shall erect, con- struct, alter or repair, or has erected, constructed, altered or repaired a building or structure in violation of a detailed statement or plan submit- ted and approved hereunder, or of a permit or Sec. 6-5. Authority of building official to stop work if contrary to public welfare. Whenever in the opinion of the building official, by reason of defective or illegal work in violation of a provision or requirement of this chapter, the continuance of a building operation is contrary to the public welfare, he may order in writing that all further work be stopped and may require suspension of work until the condition in violation has been remedied. (Code 1974, § 5-6; Ord. No. 2012-15, § 2, 10-842) Sec. 6-6. Energy efficiency code adopted. (a) The Florida Energy Efficiency Code for Building Construction is hereby adopted by refer- ence as the Winter Springs Energy Efficiency Building Code for use within the city. (b) The energy efficiency building code is on file and available for public inspection in the building department of the city. (Code 1974, § 5-8; Ord. No. 2012-15, § 2, 10-8-12) State law reference —Florida Energy Efficiency Code for Building Construction, F.S. § 553.955 et seq. Secs. 6-7-6-30. Reserved. ARTICLE II. ADMINISTRATION DIVISION 1. GENERALLY Sec. 6-31. Administrative amendments to Chapter 1 of the Florida Building Code. Chapter 1 of the Florida Building Code, as provided for in Section 553.73, Florida Statutes, is hereby amended in the following respects: (The section numbers in italics provided below are for reference purposes only, and are included to pro- vide ease of reference between this chapter and the Florida Building Code. Further, certain por- tions of Chapter I of the Florida Building Code unaffected by these local amendments are omit- Supp. No. 10 367 WINTER SPRINGS CODIJ ted from this section 6-31 altogether and/or indi- cated by ellipses (* * *). Those sections of Chapter 1 of the Florida Building Code omitted from this section 6-31 and/or indicated by an ellipses shall remain in full force and effect as set forth in the Florida Building Code.) 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one -and two-family dwellings and mttltinlrA Sinmle family r1lu"llin"s (fmArn_ houses) not more than three stories above grade plane in height with a separate means of egress and their accessory struc- tures shall comply with the Florida Build- ing Code, Residential. 2. Existing buildings undergoing repair, al- terations or additions and change of occu- pancy shall comply with Florida Building Code, Existing. 101.2.1 Appendices. Provisions in the appendi- ces shall not apply unless speccally adopted. The City of Winter Springs hereby adopts Appen- dix F, Rodent Proofing. 101.2.2 Florida Building Code, Residential Con- struction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building, 101.3.1 Quality control. Quality control of ma- terials and workmanship is not within the pur- view of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permit- ting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condi- tion of such building, system or plan or their adequacy. The city shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or per- mitting. 101.4.4 Property maintenance. The provisions of the International Property Maintenance Code, 2006, as adopted by Article VIII of this Chapter, shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occu- pants; and occupancy of existing premises and structures. 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, PrPef,ion alteration mn(lifir•ntinn rnnair rennin_ ment, use and occupancy, location, maintenance, removal and demolition of every public and pri- vate building, structure or facility or floating residential structure, or any appurtenances con- nected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in Chapter 34 of the Florida Building Code. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemp- tions shall be as determined by the legislature and provided by law: a) Building and structures specifically regu- lated and preempted by the federal gov- ernment. b) Railroads and ancillary facilities associ- ated with the railroad. c) Nonresidential farm buildings on farms. d) Temporary bungs or sheds used exclu- sively for construction purposes. e) Mobile or modular structures used as temporary offices, except that the provi- sions of Part II (Section 553,501-553,513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Per- mits shall be required for structural sup- port and tie down, electric supply and all Supp. No. 19 368 BUILDINGS AND BUILDING REGULATIONS other such utility connections to such mo- bile or modular structures as required by the City. f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly in- volved in the generation, transmission, or distribution of electricity. g) Temporary sets, assemblies, or structures used in commercial motion picture or tele- vision production, or any sound -recording equipment used in such production, on or off the premises. h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Semi- nole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other tradi- tional materials, and that does not incor- porate any electrical, plumbing, or other non -wood features. i) Family mausoleums not exceeding 250 square feet in area which are prefabri- cated and assembled on site or preas- sembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. j) Temporary housing provided by the De- partment of Corrections to any prisoner in the state correctional system. 102.5 Partial invalidity. In the event that any part or provision of the Florida Building Code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code, 2006, or the Florida Fire Prevention Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 103.1 Building Division. There is hereby estab- lished a division of the Community Development Department called the Building Division, The Building Division shall be led by the building official, who in turn will report to the community development director. 103.2 Building Official. The building official shall be hired or appointed by the community development director, with the approval of the city manager, and shall be licensed in accordance with Chapter 553, Florida Statutes, as may be amended, as a Building Code Administrator by the State of Florida. 103.3 Building Division Employees. The com- munity development director, with the approval of the city manager, may appoint or hire such number of officers, inspectors, plans examiners, and other assistants to the building official as are needed from time to time, provided such person shall not be appointed or hired as either an inspector or plans examiner unless that person meets the qualifications for licensure as an inspec- tor or plans examiner as established in Chapter 553, Florida Statutes, as may be amended. 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code anI to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construc- tion documents and issue permits for the erection, anI alteration, demolition and moving of build- ings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the build- Supp. No. 19 369 WINTER SPRINGS CODE ing official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the city manager. 104.5 Identification. The building official shall carry proper identification when inspecting struc- tures or premises in the performance of duties under this code. 104.E Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has rea- sonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, danger- ous of hazardous, the building official is autho- rized to enter the structure or premises at reason- able times to inspect or to perform the duties imposed by this code, provided that if such struc- ture or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies pro- vided by law to secure entry. 104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for reten- tion of public records pursuant to Chapter 119, Florida Statutes. 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the city in good faith and without malice in the discharge of the duties required by this code or other perti- nent law or ordinance, shall not thereby be ren- dered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the city until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.10 Modifications. Wherever there are prac- tical difficulties involved in carrying out the pro- visions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the mod -strict letter of thie code impneicticol (A the cation is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. 104.12 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be deter- mined by the building official. 105.2.2 Minor Repairs. Ordinary minor repairs or installation of replacement parts may be made with the prior approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load -bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordi- nary repairs include addition to, alteration of, replacement or relocation of any standpipe, water Supp. No. 19 370 BUILDINGS AND BUILDING REGULATIONS supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agen- cies by established right. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modi- fication, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Any electrical or plumbing or air-condi- tioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engi- neer. The system: 1. Requires an electrical or plumbing or ion air-conditioning and refrigerat system with a value of over $125,000; and 2.a. Requires an aggregate service capac- ity of over 600 amperes (240 volts) on a residential electrical system or over 800 amperes (240 volts) on a commercial or industrial electrical system; NOTE: It was further clarified by the Commission that the limiting factor of 240 volt or over is required to be designed by an Engineer. b. Requires a plumbing system with 250 fixture units or more; c. Requires a heating, ventilation, and air-conditioning system that exceeds a 15-ton-per-system capacity, or if the project is designed to accommo- date over 100 persons. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load anI the cost for the total air-conditioning system of the building. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Con- tractor II, or Contractor IV, certified un- der Section 633.521 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the altera- tion of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtra- tion, halon, or fire detection and alarm system which costs more than $5,000. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of reg- istration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 105.3.2 Time limitation of application. An ap- plication for a permit for any proposed work shall be deemed to have been abandoned becoming null anI void 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more exten- sions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.3.8 Public right -of --way. A permit shall not be given by the building official for the construc- tion of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections front- ing on any street, alley or public lane, or for the placing on any lot or premises of any building or Supp. No. 10 371 WINTER SPRINGS CODE structure removed from another lot or premises, unless the applicant has received a right of way permit from the authority having jurisdiction over the street, alley or public lane. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site autho- rized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or aban- doned for a period of 180 days after the time the work is commenced. The building official is autho- rized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.E Suspension or revocation. The building official is authorized to suspend or revoke a per- mit issued under the provisions of this code wher- ever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. 107.1 General. Submittal documents consist- ing of construction documents, statement of spe- cial inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction docu- ments shall be prepared by a registered design professional where required by Chapter 471, Flor- ida Statutes & 61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special con- ditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. 107.2.1 Information on construction docu- ments. Construction documents shall be dimen- sioned and drawn upon suitable material. Elec- tronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clar- ity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and rele- vant laws, ordinances, rules and regulations, as determined by the building official. Such draw- ings and specifications shall contain information, in the form of notes or otherwise, as to the quality Sun of materials, where quality is essential to confor- mity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. (see also Section 107.3.5). 107.2.3 Means of egress. The construction doc- uments shall show in sufficient detail the loca- tion, construction, size and character of all por- tions of the means of egress in compliance with the provisions of this code. In other than occupan- cies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occu- pants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to deter- mine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water - resistive membrane and details around openings. The construction documents shall include manu- facturer's installation instructions that provide supporting documentation that the proposed pen- etration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The sup- porting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed fin- ished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demol- p. No. 19 372 BUILDINGS AND BUILDING REGULATIONS fished and the location and size of existing struc- tures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall as- certain by such examinations whether the con- struction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Sec- tion 553.77(5), Florida Statutes, and state -ap- proved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to section 913-1.009, F.A.C., shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where de- sign, construction and fire safety are supervised by appropriate licensed design and inspection professionals and which contain adequate in- house fire departments and rescue squads is exempt, subject to approval of the building offi- cial, from review of plans and inspections, provid- ing the appropriate licensed design and inspec- tion professionals certify that applicable codes and standards have been met and supply appro- priate approved drawings to local building and fire -safety inspectors. 107.3.3 Phased approval. The building official is authorized to issue a permit for the construc- tion of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed comply- ing with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge 107.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be autho- rized to require the owner to engage and desig- nate on the building permit application a regis- tered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design profes- sional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating sub- mittal documents prepared by others, including phased and deferred submittal items, for compat- lity with the design of the building. 107.3.4.2 Deferred submittals. For the pur- poses of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submit - items shall have the prior approval of the buiWing official. The registered design profes- sional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred sub- mittal items shall not be installed until the de- ferred submittal documents have been approved by the building official. Supp. No. 19 373 WINTER SPRINGS CODE 107.3.5 mum plan review criteria for build- ings. The examination of the documents by the building official shall include the following rmmi mum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flash- ing; and rough opening dimensions; and all exte- rior elevations: Residential (one -and two-family): 7. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials connec- tor tables wind requirements structural calculations (if required) Termite protection Design protection Design loads Wind requirements Building envelope Structural calculations (if required) Foundation Wall systems Floor systems 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical Exterior disconnect location 107.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the reviewed construction documents shall be resubmitted for approval as an amended set of construction documents. 109.2.1 Types of Fees Enumerated. Fees may }ip chnnTM for brit not limitorl to fho follnINT1'" " � • Permits; • Plans examination; Certificatcs of competency (including fee; for applications, examinations, renewal, late renewal, and reciprocity); • Re -inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); Roof systems • Variance requests; ... • Administrative appeals; 12. Manufactured buildings plan except for • Violations; and foundations and modifications of build- Other fees as established by local resolu- ings on site. ® tion or ordinance. 1. Site requirements Setback/separation (assumed property lines) Location of septic tanks (if ap- plicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size (if applicable) 109.3 Building permit valuations. The appli- cant for a permit shall provide an estimated permit value at time of application. Permit valu- ations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumb- ing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. Supp. No. 19 374 BUILDINGS AND BUILDING REGULATIONS 109.4 Work commencing before permit issu- ance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the building official's approval or the necessary permits shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the re- quired permit(s) must be applied for within three (3) business days and any unreasonable delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a double fee shall not preclude or be deemed a substitute for prose- cution for commencing work without first obtain- ing a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demoli- tion for work done in connection to or concur- rently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.E Refunds. The building official is autho- rized to establish a refund policy. 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. The building official shall be permitted to require a boundary line survey pre- pared by a qualified surveyor whenever the bound- ary lines cannot be readily determined in the field. Neither the building official nor the jurisdic- tion shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufac- ture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The building official may make, or cause to be made, the inspections required by 110. He or she may accept reports of department inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, Qualifications and reliability. A certifi- cate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. 110.3 Required inspections. The building offi- cial, upon notification from the permit holder or his or her agent shall make the following inspec- tions, and such other inspections as deemed nec- essary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspec- tion. Building: 1. Foundation inspection. Footing and foun- dation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the Supp. No. 10 375 § U-ax WINTER SPRINGS CODE concrete need not be on the job. and shall • Framing/trusses/bracing/connectors at a minimum include the following build- (including truss layout & Engineered ing components: drawings) • Stem -wall • Draft stopping/fire blocking • Monolithic slab -on -grade • Curtain wall framing • Piling/pile caps 0 Energy insulation • Footers/grade beams 0 Accessibility 1.1. Slab Inspection: Concrete slab and under- 0Verify rough opening dimensions are floor inspections shall be made after in- within tolerances slab or under -floor reinforcing steel and • Window/door buck attachment building service equipment, conduit, pip- 2.1. Insulation Inspection: To be made after ing accessories and other ancillary equip- the framing inspection is approved and ment items are in place, but before any the insulation is in place. concrete is placed or floor sheathing in- stalled, including the subfloor. 2.2 Lath and gypsum board inspection. Lath A foundation/Form board survey pre- and gypsum board inspections shall be pared and certified by a registered sur- made after lathing and gypsum board, interior and exterior, is in place, but be- veyor may be required, prior to approval fore any plastering is applied or gypsum of the slab inspection. The survey shall certify placement of the building on the board joints and fasteners are taped and site, illustrate all surrounding setback finished. Exception: Gypsum board that is dimensions and shall be available at the not part of a fire -resistance -rated assem- job site for review by the building inspec. bly or a shear assembly. tor. In lieu of providing a survey, the 3. Sheathing inspection. To be made either contractor may elect to uncover all prop- as part of a dry -in inspection or done erty line markers and string -up all prop- separately at the request of the contractor erty lines in preparation for inspection. after all roof and wall sheathing and fasteners are complete and shall at a 1.2. In flood hazard areas, upon placement of minimum include the following building the lowest floor, including basement, and components: prior to further vertical construction, the elevation certification required in Section • Roof sheathing 1612.5 shall be submitted to the building • Wall sheathing official. • Sheathing fasteners 2. Framing inspection. Framing inspections . Roof/wall dry -in. shall be made after the roof deck or sheath- ing, all framing, fireblocking and bracing • Sheathing/cladding inspection are in place and pipes, chimneys and NOTE: Sheathing fasteners installed and vents to be concealed are complete and found to be missing the structural mem- the rough electrical, plumbing, heating ber (shiners) shall be removed and prop - wires, pipes and ducts are approved, and erly reinstalled prior to installation of the shall at a minimum include the following dry -in material. building components: 4. Roofing inspection. To be made as a min- Window/door framing and installa- imum of two inspections and shall include tion the following building components: • Vertical cells/columns • Dry -in • Lintelltie beams • Insulation Supp. No. 1s 376 BUILDINGS AND BUILDING REGULATIONS § 6-31 • Roof coverings (including In Prog- miscellaneous discarded articles prior to ress as necessary) receiving final inspection approval. Con - Flashing struction job sites must be kept clean. 2. All debris shall be kept in such a manner 5. Final inspection. To be made after the as to prevent it from being spread by any building is completed and ready for occu- means. pancy. 5.1. Lowest floor elevation. In flood hazard 110.3.10 Final inspection. The final inspection areas, upon placement of the lowest floor, shall be made after all work required by the including the basement, and prior to fur- building permit is completed. ther vertical construction, the elevation 110.4 Inspection agencies. The building official certification required in Section 1612.5 is authorized to accept reports of approved inspec- shall be submitted to the building official. tion agencies, provided such agencies satisfy the 6. Swimming pool inspection. requirements as to qualifications and reliability. First inspection to be made aft Underground electric inspection. Underground piping inspection including a pressure test Deck inspection: to be made prior to in- stallation of the deck material (with forms, deck drains, and any reinforcement in place Safety Inspection: Made prior to filling the pool with the bonding connections made, the proper drain covers installed and the final barriers installed. Final inspection to be made when the swimming pool is complete and all re- quired enclosure requirements are in place. In order to pass final inspection and re- ceive a certificate of completion, a residen- tial swimming pool must meet the require- ments relating to pool safety features as described in Section 424.2.17. Site Debris 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other SECTION 113.1 Construction Board of Adjustment and Appeals. There is hereby established a board to be called the construction board of adjustments and appeals, which shall consist of the five (5) mem- bers of the Winter Springs City Commission. The term of office for each of the five (5) seats which comprise the board of adjustments and appeals shall be the term of office for the commissioner who occupies that particular seat. Vacancies shall be filled for an unexpired term in the same manner in which commission seat vacancies are filled under the terms of the City Charter for the City of Winter Springs as well as the Winter Springs Code of Ordinances. 113.2 Powers. The Construction Board of Ad- justments and Appeals shall have the power, further defined in 113.3, to hear appeals of deci- sions and interpretations of the building official. 113.3 Appeals. 113.3.1 Decision of the building official. The owner of a building, structure or service sys- tem, or his or her duly authorized agent, may appeal a decision of the building official to the Construction Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The building official rejected or re- fused to approve the mode or man- ner of construction proposed to be followed or materials to be used in Supp. No. 19 377 § U-01 WINTER SPRINGS CODI the installation or alteration of a building, structure or service sys- tem. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desir- able form of installation can be em- ployed in any specific case. 4. The true intent and meaning of this code or any of the regulations there under have been misconstrued or incorrectly interpreted. 113.3.2 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the building 4 • 4- r v.......ua. ..pp`i,ua., .. Diu Oiiis Uv Yrv`v'i-.iivilo i/i ui Florida Building Code, other than local amend- ments, may be appealed to the Florida Build- ing Commission, pursuant to section 120.569, Florida Statutes, regarding the local govern- ments action. Notice of Administrative Rights may be obtained from the building division. 113.3.3 Decisions. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or un- necessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provi- sion of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Ev- ery decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment reg- ulated by this code, or cause same to be done, in conflict with or in violation of any of the provi- sions of this code. 114.2 Notice of violation. The building official or any city law enforcement officer or code enforce- ment official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the build - official, law enforcement officer or code enforce- ment official is authorized to pursue cede enforce- ment proceedings, request the city's legal counsel to institute the appropriate proceeding at law or in equity to restrain, correct or abate such viola- tion, or to require the removal or termination of the unlawful occupancy of the building or struc- ture in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who vio- lates aprovision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construc- tion documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penal- ties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 The standards and enforcement proce- dures applicable to unsafe structures and equip- ment shall be governed by the International Prop- erty Maintenance Code, 2006, as adopted by Article VIII of this Chapter. (Ord. No. 2001-57, § 2, 12-10-01; Ord. No. 2012- 15, § 2, 10-8-12) Supp. No. 19 078 BUILDINGS AND BUILDING REGULATIONS Sec. 6-32. Administrative amendments to Chapter 2 of the Florida Building Code, Chapter 2 of the Florida Building Code, as provided for in Section 553.73, Florida Statutes, is hereby amended in the following respects: (The section numbers in italics provided below are for reference purposes only, and are included to pro- vide ease of reference between this chapter and the Florida Building Code.) (a) 101.4.15 Words defined. Abandon or abandonment. (1) Termination of a construction project by a contractor with- out just case or proper notification to the owner including the reason for termination. (2) Fail- ure of a contractor to perform work without just cause for ninety (90) days. (3) Failure to obtain an approved inspection within one hun- dred eighty (180) days from the previous in- spection. Appraised value. For the purpose of this section, appraised value is defined as either (1) one hundred and twenty (120) percent of the assessed value of the structure as indicated by the County Property Appraiser's Office or (2) the value as indicated in a certified appraisal from a certified appraiser. Assessed value. The value of real property and improvements thereon as established by the County Property Appraiser. Authorized agent. A person specifically au- thorized by the holder of a certificate of compe- tency to obtain permits in his stead. Basic wind speed line. The basic wind speed line for the jurisdiction shall be established by the wind speed contour map attached to as Exhibit "A", and made part of, this chapter if applicable. Editor's note —Exhibit "A" is not set out herein but is available in the offices of the city. Board. The appropriate City Board ofAdjust- ment and Appeals, unless otherwise specifi- cally stated. See section 6-31 (113.1) of this Code. Building component. An element or assem- bly of elements integral to or part of a building. Building official. An employee of the city with building construction regulation responsi- ties charged with the responsibility for di- rect regulatory administration or supervision of plan review, enforcement, or inspection of building construction, erection, repair, ad& tion, remodeling, demolition, or alteration proj- ects that require permitting indicating compli- ance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessi- ty, and other construction codes as required by state law or municipal or county ordinances. One person employed by the city as a building code administrator or building official and who is so certified pursuant to Florida law may be authorized to perform any plan review or in- spection for which certification is required by Florida law. Building shell. The structural components that completely enclose a building, including, but not limited to, the foundation, structural frame, floor slabs, exterior walls or roof system. Building system. Afunctionally related group of elements, components and/or equipment, such as the electrical, plumbing and mechani- cal systems of a building. Certification. The act or process of obtaining a certificate of competency from the state or municipality through the review of the appli- cant's experience and financial responsibility as well as successful passage of an examina- tion. Certificate of competency (certificate). An of- ficial document evidencing that a person is qualified to engage in the business of contract- ing, subcontracting or the work of a specific trade. Certificate of experience. An official docu- ment evidencing that an applicant has satisfied the work experience requirements for a certif- icate of competency. Certificate of occupancy (C.O.). An official document evidencing that a building satisfies the requirements of the jurisdiction for the occupancy of a building. Supp. No. 19 379 WINTER SPRINGS CODE Certified contractor. Any contractor who pos- sesses a certificate of competency issued by the Department of Professional Regulation of the State of Florida. Change of occupancy. A change from one Building Code occupancy classification or sub- classification to another. Commercial building. Any building, struc- ture, improvement or accessory thereto, other than a one -or two-family dwelling. Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure either at one (1) time or a different times within a specified period of time. Demolition. The act of razing, dismantling or removal of a building or structure, or portion thereof, to the ground level. L.ltirniituiori. 1'Li1 ex�iii prc;pai°eu, Is'tictorF;d and graded by a recognized testing agency unless otherwise implied in context or specifi- cally stated otherwise. FCILB. The Florida Construction Industry Licensing Board. Imminent danger. Structurally unsound con- ditions of a structure or portion thereof that is likely to cause physical injury to a person entering the structure: Or due to structurally unsound conditions, any portion of the struc- ture is likely to fall, be carried by the wind, or otherwise detach or move, and in doing so cause physical injury or damage to a person on the property or to a person or property nearby: Or the condition of the property is such that it harbors or is inhabited by pests, vermin, or organisms injurious to human health, the pres- ence of which constitutes an immediate hazard to people in the vicinity. Inspection warrant. A court order authoriz- ing the official or his designee to perform an inspection of a particular property named in the warrant. Intensification of use. An increase in capac- ity or number of units of a residential or commercial building. Interior finish. The preparation of interior spaces of a commercial building for the first occupancy thereof. Licensed contractor. A contractor certified by the State of Florida or the local jurisdiction who has satisfied the all state or local require- ments to be actively engaged in contracting. Market value. As defined in floodplain regu- lations of this code. Owner's agent. A person, firm or entity au- thorized in writing by the owner to act for or in place of the owner. Permit. An official document authorizing per- formance of a specific activity regulated by this chapter. Permit card or placard. A document issued by the jurisdiction evidencing the issuance of a permit and recording of inspections. Qualifying agent, primary. A person who possesses the requisite skill, knowledge, expe- rience and certificate of competency, and has the responsibility to supervise, direct, manage, and control the contracting activities of the business organization with which he is associ- ated; who has the responsibility to supervise, direct, manage and control construction activ- es on a job for which he has obtained a permit; and whose technical and personal qual- ations have been determined by investiga- tion and examination and is evidenced by his possession of a certificate or competency. Qualifying agent, secondary. A person who possesses the requisite skill, knowledge, expe- rience and certificate of competency, and has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certifi- cate of competency. Reciprocity. To accept a verified affidavit from any municipality or county of the State of Florida that the applicant has satisfactorily completed a written examination in its juris- diction equal in content with the examination required by this chapter. Supp. No. 19 380 BUILDINGS AND BUILDING REGULATIONS Registered contractor. A contractor who has registered with the Department of Professional Regulation of the State of Florida pursuant to fulfilling the competency requirements of the local jurisdiction. Registration. The act or process of register- ing a locally obtained certificate of competency with the state, or the act or process of register- ing a state issued certificate of competency with the municipality. Remodeling. Work which changes the origi- nal size, configuration or material of the com- ponents of a building. Residential building. Any one- or two-family building or accessory. Roofing. The installation of roof coverings Spa. Any constructed or prefabricated pool containing water jets. Specialty contractor: A contractor whose ser- vices do not fall with the categories specified in Section 489.105(3), Florida Statutes, as amended. State of construction: (1) Site: The physical clearing of the site in preparation for foundation work includ- ing, but not limited to, site clearing, exca- vation, dewaterings, pilings and soil test- ing activities. (2) Building. The removal, disassembly, re- pair, replacement, structure, building sys- tem or building components in whole or parts thereof. Stop work order. An order by the building official, or his designee, which requires the immediate cessation of all work and work ac- ties described in the order. Structural component. Any part of a system, building or structure, load bearing, or non -load bearing, which is integral to the structural integrity thereof, including but not limited to walls, partitions, columns, beams and girders. Structural work or alteration. The installa- tion or assembling of new structural compo- nents into a system, building or structure. Also, any change, repair or replacement of any exist- ing structural component of a system, building or structure. Substantial completion. Where the construc- tion work has been sufficiently completed in accordance with the applicable city, state and federal codes, so that the owner can occupy or utilize the project for the use for which it is intended. Value. Job cost. (Ord. No. 2001-57, § 2, 12-10-01; Ord. No. 2012- 15, § 2, 10-8-12) Supp. No. 19 381 § 0-33 WINTER SPRINGS CODE Sec. 6-33. Local wind speed design criteria. The basic wind speed in miles per hour for the development of wind loads, shall be as follows: (a) For Risk Category IBuildings - 129 MPH (see Seminole Figure 1609C). (b) For Risk Category II Buildings - 139 MPH (see Seminole Figure 1609A). (c) For Risk Category III Buildings - 149 MPH (see Seminole Figure 1609B). SEMINOLE Figure 1609C Ultimate Design Wind Speeds Risk Category I Buildings Bwal(: bVANn FPF.FO Toe hmik uwM eryaad In ndbe nmr hour. inrlM arwbplYwnt of WYntl IwM, Mea W tlm,anulned from Fipun ,e(6t Tha axaa bglbn of wlM'I i; IYwa*A ha as "majorptl by' a 812' ev a Imma Imcaanwd plryuul Y IbfO- s wM u major roads. dnmY. dean and lake mhgna Mlwlwwr poso�Y. N1N04MNE DEBRIS KOM Mass wahtn hoff% r. DrtI w tagbM 1 VA d W (tat Yrn) of N 1W mo n nUh Iv it +vines Ina Ilmab demgn vWt4 aaoad & 4100a a mph µa nal) pn "Wh ] In sew wn®ea arc uYhwY tl aq Wi,d peal WY s 140 mph (aJ nVa) of area« F Rlpu C qA, nd=ry .hm- I rv, q« aoD, pl tWY.aryaa «W W W N '.tit f oMrea, Ind art Pw Hearn rmpbn Mmtl M boas n Fqun 1afMi F« Inaca c 'jY IV DuddMga Md «maurd end occupancy "!aeon III heath can ft . Ue vNldborne dmwatplonaha1babe dcnFaunloom �^q�v nlaOaC YlanwM eWF.a apevL, usaeeylaw«wa coon abvcw.es nrloun,w,a.rw.u. b.re.. wr �7.' prp for Fa'irspo�w' 4vsaotY :, ^— �`r z liwee InIa +on uewean � Mprn410GJp/WYlme av 9N een ens.a m+w d pw ooaw o®en wa.�dafea. «n ape m, pVd nbbne NY a MNrmwtl f« 6 MYW y+®d. ooIWWMAID ��!j. Wwas {NaM wra ' FYWW.(1N MOWLPa/+aeeial, fyei .•'_ Supp. No. 19 382 BUILDINGS ANIJ BUILDING REGULATIONS 0 2.6 6 70 76 20 MIYn �O t.1. /! w x� ,J CD r 0 2 6 6 10 /6 20 Mlbe SEMINOLE Figure 1609A Ultimate Design Wind Speeds Risk Category II Buildings B/SICYAiD BPEI:D. The Dark e/nd eptl In INW per noa. 6x lne tlar.bprneM W W m Ineda, tlN b drerMMtl eprtr Fqurr 1/0g Thr aaad In I Mae ktabm mMm epNtl Nea eMnM araWLntl b/ bW amturm urro rrwautW ph/uul IarafnrW rudd u m.pr rod., ewY, rNen am Irve rwra veww paubY K,1ABOfENE OEBRI6 REOION. Nar aAnL1 Aw��k • pew» �e0bm bpa rd _ u,IrruN AMlanvAWlapesd Wle IM neA(t �WeWAMr, kno of M area efirre gte u111We tlaagn vXW ePaed W4 Y 7M m{M (N mY) a gfera Fa RYY C.rgory 11 buadn2a am rnudurer am oaup "raga/' III buBdiro6 am kruduns, wept been f. ,"unmoanr dWrY ngnn aml be Eased on Figure 1a For ooaUPan% oee09M N bWd4We •red elnrgrrre ad 00ft" y nlegay of man we Ydibea, M wNdbane daWL mom aw ba Woad on FGa. 16 1 SEMINOLE Figure 1609B Ultimate Design Wind Speeds Risk Category III and IV Buildings eng+e.>rw BPEeo. yne E..a:endr r,P..d Ed ren..w nor,,, at g» - wrr°�0pmmwnm.ird�wed�'.wF+lnw.� wfpr na�orer..�ie. �n a ...agnead PltYai p azrola rt* watt a m.p rod•. Draw rt er. am Yf. r,a.awwnwooaaer V.vnoaoRnE oggRla REaron..vw..tta natbr..pore. ngbde wmw drab nnag ap. vo�p Y I" mM (� nv%) NQh or art.wr, or II h ere...Rnr. Wa uyenaY drrpn wkW aP.d WI Y fa6 mpn M mv) or gnaur Fa pnrd CaYgay B WlarQa em rbucNr.. am oarpanor oaall" N buearor .m rr, rwr, aaapr maen ere famnr. Im wvnIbane drerY rybn wlb. b...a on Fqure ltMpA oroK&ALMfuarga>0%WIM . W rrualrrte. rW Ox�Mn9 aMP Y ur Mru e.n IatlmW. yr viWnon» d.aY regwn.n.E Y. Wwd on ryv. ,eoge (Ord. No. 2001-57, § 2, 12-10-01; Ord. No. 2012-15, § 2, 10-8-12) b � Ya1W NluM�W� Sapp. No. 19 383 WINTER SPRINGS CODE Sec. 6-34. Adoption of Florida Building Code appendices. Appendices D, E, F, and H of the Florida Building Code are hereby adopted by reference. (Ord. No. 2001-57, § 2, 12-1MI) Secs. 6-35-6-45. Reserved. DIVISION 2. RESERVED* Secs. 6-46-6-80. Reserved. ARTICLE III. BUILDING CONSTRUCTION STANDARDS' IJ �c'l. YY-(7Y. Y'Y'U'Y Y4.Rdt YY B.YYY IYYYY� l�'IY iY� 2l1YV11'Y�`CIY. The city hereby adopts in its entirety the most recent version of the Florida Building Code, as may be amended from time to time. The provi- sions of the F+lotAla building Code shall govern all matters contained therein, except when local codes are more stringent, in which case local codes will govern pursuant to section 553.73, Florida Stat- utes, inclusive of electric, plumbing, and mechan- ical codes. (Code 1974, § 5-2; Ord. No. 461, § 1, 6-26-89; Ord. No. 517, § 1, 2-24-92; Ord, No. 605, § I, 11-27-95; Ord. No. 692, I, 1-12-98; Ord. No. 2012-15, § 2, 10-842) Sec. 6-82. Reserved. Editor's note —Ord. No. 2012-15, § 2, adopted Oct. 8, 2012, repealed former § 6-82 in its entirety which pertained to amendments to the building code and derived from the Code 1974, § 5-3; Ord. No. 605, § I, 11-27-95. Sec. 6-83. Television dish antennas. (a) Permit required. Except for those antennas that do not exceed one (1) meter (39.37 inches) in diameter and twelve (12) feet in height, the in- stallation of all television dish antennas and/or satellite antennas shall require a building permit. Editor's note —Ord. No. 2001-57, § 1, adopted Dec. 10, 2001, repealed former Div. 2, §§ 6-46-6-58, in its entirety which pertained to permits and inspections and derived from the Code of 1974. (State law reference —Building construction standards, F.S. ch. 553. All television dish antennas and satellite anten- nas shall be subject to the following require- ments: (1) Television dish antennas or satellite an- tennas shall not be installed or attached to any part of the roof structure of any residential building. (2) Television dish antennas or satellite an- tennas may be installed on or attached to roofs of commercial or industrial build- ings but only upon submission of a certif- icate of an engineer or architect currently registered to do business in the state. Such certification shall be to the effect that a structural analysis has been made of the building and such building can safely support the specific antenna with a minimum adopted wind load of one hun- dred twenty-nine (129) miles per hour. (3) Television dish antennas or satellite an- tennas shall not be installed in front of the front line of any residential, commen cial, or industrial building. (4) Television dish antennas or satellite an- tennas may only be installed in side yards or back yards of any building. (5) No portion of any antenna or support structure shall be closer than five (5) feet from any property line. (6) Television dish antennas or satellite an- tennas shall not be located on any public way, easement, or parkway. (7) Television dish antennas or satellite an- tennas shall not be installed in any des- ignated parking area of any building. (8) Except for subsection (a)(6), the require- ments of this subsection (a) may be mod- ified to the extent necessary for the tele- vision dish antenna or satellite antenna to receive an acceptable signal. (b) Apartment and condominium buildings. Apartment or condominium buildings above three (3) stories in height shall be treated as commer- cial structures for the purpose of these regula- tions for television dish antenna or satellite an- tennas. Supp. No. 19 384 BUILDINGS AND BUILDING REGULATIONS (c) Height restriction. The installation of any television dish antenna or satellite antenna shall not exceed the height restriction set forth in the zoning ordinance for that location. The requirements set forth in this section are intended to further the city's health, safety and aesthetic objectives to protect the public by ensur- ing that antennas are appropriately installed so as to withstand the minimum wind loads estab- lished by this chapter, and in the city's residential districts, to maintain a visually pleasing environ- ment free from unsightly technical equipment. (Code 1974, § 5-9; Ord. No. 2012-15, § 2, 10-8-12; Ord. No. 2012-15, § 2, 10-8-12) Sec. 6-84. Accessory buildings. (a) General. Accessory building means a de- tached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, pri- vate, detached garages, bathhouses (used in con- junction with swimming pool) and similar uses. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory dwelling units (ADUs) shall be subject to section 6-85 of this Code and are not subject to the provisions of this section. (b) Height and size restrictions. The maximum height of an accessory building shall be twelve (12) feet measured from ground level. The maxi- mum size of any structure shall be two hundred forty (240) square feet. (1) Detached, accessory buildings may exceed twelve (12) feet in height or the maximum size of two hundred forty (240) square feet, provided the city manager or desig- nee determines that each of the following criteria is satisfied: a. The accessory building does not ex- ceed one-third (1/3) of the air-condi- tioned square footage area of the principal structure; b. The accessory building is compatible and harmonious with the principal structure and the surrounding land uses and structures; c. The accessory building will not ad- versely impact land use activities in the immediate vicinity; d. The height of the proposed accessory building does not exceed the height of the principal structure; and e. The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. (2) An accessory building that is attached to a principal structure by a breezeway is not considered an accessory building, but rather, is considered an expansion of the principal structure and is subject to sat- isfying all applicable requirements, includ- ing, but not limited to, setbacks and max- imum lot coverage, of the zoning district in which the principal structure is lo- cated. It may therefore, exceed the height and size restrictions as noted above in subsection (b)(1); however, it shall not exceed the height of the principal struc- ture. A breezeway is a covered passage- way, which connects the principal struc- ture to the proposed addition. It shall not exceed thirty-five (35) feet in length. An application for waiver of the maximum breezeway length identified herein may be made pursuant to the procedures set forth in section 20-34 of this Code. Supp. No. 19 385 WINTER SPRINGS CODE (c) Location. All accessory buildings shall be located to the rear of the front facade of the principal structure. (d) Permits. A building permit shall be re- quired before construction or placement can take place. No accessory building shall be permitted prior to construction of the principal building. (e) Setback requirements. Setbacks shall be the same as those of the principal structure, except that tl e rear y^rcl cletbnclr foal ^ccca ory buildings that are not attached to the principle structure by a breezeway may be reduced to six (6) feet. (1) No accessory building shall be constructed or placed on an easement unless the ease- ment expressly authorizes an accessory building to be constructed and main- tained within the easement area. (2) Detached, private garages which exceed twelve (12) feet in height or two hundred forty (240) square feet in area must meet the setbacks of the applicable zoning dis- trict for the principal structure. (f) Upon application filed with the city, the city commission may vary the number, height, and size requirements set forth in this section or approve an accessory building on an adjacent lot by conditional use permit under the following conditions: (1) The subject property has a residential ruraI future land use map designation under the city's comprehensive plan. (2) The applicant submits for review and consideration a detailed architectural ren- dering of the proposed accessory building and a plot plan drawn to scale. (3) The city commission finds that: a. The proposed accessory building is compatible and harmonious with the principal structure and the surround- ing land uses and structures; h Thp rn•nnnond r1rrencnry huildin(r Axnll not adversely impact land use activ- ities in the immediate vicinity; c. The height of the proposed accessory hmidinu dnoo rot mcc.e;i the height of the principal structure; and d. The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. (4) An accessory building maybe constructed on a lot adjacent to the lot on which the principal building is located under the following conditions: a. The conditions set forth in subsec- tions (1), (2), and (3) are satisfied. b. Alegal instrument reasonably accept- able to the city is recorded in the public records of Seminole County that provides that the principal build- ing lot and the adjacent lot are uni- fied under common ownership and that in the event said ownership is ever separated, the accessory build- ing shall be removed or a principal building shall be constructed on the adjacent lot within one (1) year from the date the lots are separated. (Code 1974, § 5-10; Ord. No. 460, § 1, 6-26-89; Ord. No. 2003-02, § 2, 4-28-03; Ord. No. 2008-05, § 2, 6-9-08; Ord. No. 2010-08, § 2, 10-25-10; Ord, No. 2012-15, § 2, 10-8-12) Supp. No. 10 386 BUILDINGS AND BUILDING R11J1_TULA1IO1N0 Sec, 6-85. Accessory dwelling units. An accessory dwelling unit (ADU) is an ancil- lary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a separate egress/ingress independent from the prin- cipal dwelling, and which provides complete inde- pendent living facilities for one (1) or more per- sons and which includes provisions for living, sleeping, eating, cooking, and sanitation. It is located on the same parcel or lot as the principal dwelling and shall be subject to the required setbacks of the principal structure and may be either attached to or detached from the principal dwelling. Accessory dwelling units (ADUs) must conform to the following standards: (a) Zoning district. A property owner may re- quest a conditional use approval to allow one (1) accessory dwelling unit in any of the following zoning districts: R-1AAA Single -Family Dwelling District R-CI Single -Family Dwelling District R-lAA and R-1A One -Family Dwelling District R-1 One -Family Dwelling District Planned Unit Development District (b) Existing development on lot. A single- family dwelling shall exist on the lot or will be constructed in conjunction with the ADU. (c) Location. The ADU may be attached to or detached from the principal dwelling. (d) Owner occupancy required; declaration of restrictions. The property owner shall occupy her the principal structure or the ADU. Prior to the issuance of a building permit for construction of an ADU, an applicant shall record in the public records of Seminole County a declaration of re- strictions containing a reference to the legal de- scription of the property and the deed under which the property was conveyed to the present owner stating that: (1) The ADU shall not be sold or conveyed separate from the principal residence; (2) The ADU is restricted to the approved size; (3) The use permit for the ADU shall be in effect only so long as either the principal residence or the ADU is occupied by the owner of record as their principal resi- dence; (4) The declarations shall run with the land, shall be binding upon any successor in ownership of the property and that non- compliance shall be cause for code enforce- ment and/or revocation of the conditional use permit; (5) The deed restrictions shall only be re- moved with the express, written approval of the city, but shall lapse upon removal of the accessory unit; and (6) The ADU shall not be used for commercial purposes other than being leased for res- idential purposes. (e) Number ofADUs per lot or parcel. Only one (1) ADU shall be allowed for each lot or parcel. (f) Setbacks. The ADU shall meet the front, side and rear yard regulations for the zoning district in which it is located. (g) Building height and stories. The ADU shall meet the building height regulations for the zon- ing district in which it is located. (h) Lot coverage. The sum of the principal dwelling and the ADU shall meet the lot coverage regulations for the zoning district in which they are located. (i) Parking and access. A minimum of one (1) parking space shall be provided on -site for the ADU in addition to the required off-street parking spaces required for the principal residence. The ADU shall be served by the same driveway as the principal dwelling. (j) Water and wastewater services. An ADU is required to connect to the central water and sewer system where available. An ADU may be separately metered for utilities subject to all applicable ordinances and utility policies. Where central water and sewer service is not available, the septic system and well shall meet the capacity requirements. Supp. No. 10 387 WINTER SPRINGS CODE (k) Other• code requirements. The ADU shall comply with all applicable building codes. (1) Lot size, minimum; principal residence min- imum. A minimum lot size of six thousand six hundred (6,600) square feet is required and the principal residence shall be a minimum of one thousand three hundred fifty (1,350) square feet of air conditioned area. (m) Unit size. The living area of the ADU shall be a maximum of thirty (30) percent of the air conditioned area of the principal residence or eight hundred (800) square feet, whichever is less. However, the ADU shall contain no less than four hundred (400) square feet of air conditioned area. ADUs that utilize alternative green construc- tion methods that cause the exterior wall thick- ness to be greater than normal shall have the unit square footage size measured similar to the inte- rior square footage of a traditional frame house. (n) Desr'gn,. The ADU shall replicate the design of the principal dwelling by use of similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. The de- sign is subject to the minimum community ap- pearance and aesthetic review standards to en- sure residential compatibility and harmony (see section 9-600 et. seq.). (o) Privacy. Privacy and screening of adjacent properties is of utmost importance in the orienta- tion of the ADU. Entrance and windows of the ADU shall face the interior of the lot and/or public street as much as possible. Windows which do face the adjoining property shall be designed to protect the privacy of neighbors. Landscaping shall be used to further provide for the privacy and screening of adjacent properties. (p) Expiration. As with all conditional use ap- provals, if a building permit has not been issued within two (2) years for the ADU, the approval becomes null and void (see section 20-36). (q) Approval process. The conditional use/ aesthetic review approval of an ADU is subject to a public hearing. A notice will be sent to all property owners within one hundred fifty (150) feet of the subject property. An ADU will not be approved if prohibited by the declarations, cove- nants, conditions and restrictions of a homeown- ers' association. The city commission may impose reasonable conditions of approval to the extent deemed necessary and relevant to ensure compli- ance with applicable criteria and other applicable provisions of the city code and comprehensive in (see section 20-27 and section 20-33). (Ord. No. 2010-08, § 2, 10-25-10; Ord. No. 2012- 15, § 2, 10-8-12) Sec. 6-86. Screen enclosures/rooms. (a) Definition. For purposes of this section, the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework re- quired for its support. The term "screen room" shall mean an enclosure consisting of walls of insect screening with or without removable vinyl or acrylic wind break panels, and a roof of insect screening, plastic, aluminum or similar light- weight material. (b) Setbacks. "1'he screen enclosure/room shall meet all code requirements for front and side yard setbacks which are applicable to the subject prop- erty. Notwithstanding any other applicable rear setback requirement, the screen enclosure/room shall not be located any closer than seven (7) feet from the rear property line of the subject property. On lakefront property, no screen enclosure/room shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high-water control level. (c) Height. The screen enclosure/room shall not be higher than the primary structure on the subject property, except for instances when the principal structure does not exceeds twelve (12) feet in height. In these cases, the screen enclosure/ room shall be set back an additional one (1) foot from the minimum setback requirements con- tained in subsection (b) for every additional foot above twelve feet. (d) Easements. Screen enclosures/rooms shall not be constructed within an easement area, unless the easement expressly allows said con- struction. (e) Screen enclosure/ room modifications. If any portion of an existing screen enclosure/room is modified so that it no longer satisfies the defini- Supp. No. I9 388 BUILDINGS AND BUILDING REGULATIONS tion in subsection (a), the modified screen enclosure/ room shall meet all building setback and height requirements that are applicable to principal and accessory buildings for the subject property. (Ord. No. 2002-31, § 3, 10-28-02; Ord. No. 2010- 08, § 2, 10-25-10; Ord. No. 2012-15, § 2, 10-8-12) Note -Formerly numbered as § 6-85. Sec. 6-87. Temporary storage structures. (a) Definition: For purposes of this section, "temporary storage structure" shall mean a struc- ture designed and used primarily for storage of building materials, household goods, and other such material; and that is not intended for per- manent installation. (b) A supplier of a temporary storage structure shall obtain a permit issued by the building department prior to supplying and installing or aRowing to be installed a temporary storage struc- ture within the City of Winter Springs. The per- mit shall be limited to a specific address and shall allow the installation at such address for a max- imum of seventy-two (72) consecutive hours. Per- mits shall also be limited to a maximum of two (2) per any twelve-month period for any specific address. A permit fee shall be required by resolu- tion of the city commission and collected by the city. The permit shall contain the date and time of issuance, the name of the person to whom the temporary storage structure is supplied, and the address at which the temporary storage structure All be installed. (c) In the event of a tropical storm or hurricane watch issued by the National Weather Service, the city shall have the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four (24) hours' notice of removal. In the event of a tropical storm or hurricane warning issued by the Na- tional Weather Service, the temporary storage structure shall be immediately removed by the supplier after the warning being issued. In such situations, the city shall have the right to enter the property and remove the temporary storage structure if the supplier does not remove the temporary storage structure as required by this subsection. The supplier shall be liable for all removal costs incurred by the city and failure to pay said costs, upon demand by the city, shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162, Florida Statutes, in the amount of said costs. (d) For good cause shown by the owner of the property at which the temporary storage struc- ture will be supplied, the time periods set forth in subparagraph (b) may be extended by the city manager. The duration of the extension shall be reasonably related and proportionate to the cause shown but shall not exceed more than thirty (30) days per extension. Good cause shall be limited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. (Ord. No. 200146, § 1, 7-9-01; Ord. No. 2010-08, § 2, 10-25-10; Ord. No. 2011-04, § 2, 2-14-11) Secs. 6-88-6-100. Reserved. ARTICLE IV. ELECTRICAL, PLUMBING, MECHANICAL AND GAS* Sec. 6-101. Electrical, plumbing, mechani- cal and gas work. All electrical, plumbing, mechanical and gas work shall be performed and completed in accor- d as herein set out. Former Art. IV pertained to electricity and derived from the Code 1974, §§ 5-53, 5-54; Ord. No. 517, § 2, 2-24-92; Ord. No. 605, §§ III-V, 11-27-95; Ord. No. 752, § I, 12-6-99. Ord. No. 2012-15, § 2 also repealed former Arts. V-VII in their entirety. Former Art. V, §§ 6-126-6-129, pertained to plumbing and derived from the Code 1974, §§ 5-71, 5-72; Ord. No. 461, § 2, 6-26-89; Ord. No. 517, § 3, 2-24-92; Ord, No. 605, §§ VII, VIII, 11-27-95, Former Art. VI, §§ 6-146-6-149, pertained to the mechan- ical code and derived from the Code 1974, §§ 5-164-5-167; Ord. No. 461, § 3, 6-26-89; Ord. No. 517, § 4, 2-24-92; Ord. No. 605, § XI, 11-27-95; Ord. No. 692, § II, 1-12-98. Former Art. VII, §§ 6-165-6-169, pertained to unsafe buiWings and derived from the Code of 1974, §§ 5-89-5-90; Ord. No. 461, § 4, 6-26-89; Ord. No. 2001-57, § 2, 12-10-01. Cross references -Electrical requirements for installa- tion of swimming pools, § 6-220; plumbing requirements for swimming pools, § 6-221; fire prevention and protection, Ch. 7 obstruction of fire hydrants prohibited, § 7-4; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; utilities, Ch. 19. Supp. No. 10 389 WINTER SPRINGS CODE dance with the most recently adopted version of the Florida Building Code. (Ord. No. 2012-15, § 2, 10-842) Secs. 6-102-6-185. Reserved. ARTICLE V. FENCES, WALLS, HEDGES* Sec. 6-186. Permit required. Plans showing the location of any proposed fence or wall in excess of one hundred dollars ($100.00) cumulative value and the type of con- struction shall be submitted to the building offi- cial and a permit obtained therefore from the building official. (Code 914, § 5-1GZ; Ord. No. GU1245, § 2, 10-8- 12) Sec. 6-187. Construction materials. Fences and walls constructed within the city shall conform to one (1) of the following: (a) Wood fences constructed ofrot-andtermite- resistive species of wood or chemically pressure -treated to resist rot and termite attack. (b) Street posts and wire fabric fences with fabric of a minimum of eleven gauge gal- vanized or other non -corrodible metal. (c) Ornamental iron. (d) Ventilated concrete or masonry. (e) Decorative PVC or aluminum, structur- ally sound to maintain spans. (Code 1974, § 5-123; Ord. No. 2001-29, § 2, 5-14- 01; Ord. No. 2012-15, § 2, 10-8-12) Sec. 6488. Exceptions to section 6-187. In the R-CI (Single-family dwelling district) zoning classification, which allows for horses, barbed wire fences will be permitted as well as *Editor's note —Renumbered from Art. VIII by § 2 of Ord. No. 2012-15, adopted Oct. 8, 2012. Cross references —Beautification board, enclosure for swimming pool required, § 6-217; land develop- ment, Ch. 9; zoning, Ch. 20, fabric fences with fabric of less than a minimum of eleven -gauge galvanized or other noncorrodible metal. (Code 1974, § 5424; Ord. No. 201245, § 2, 10-8- 12) Sec. 6-189. When barbed wire permissible. In the I-1 (Light Industrial) zone where secu- rity fences are permitted, barbed wire may be used above six (6) feet. (Code 1974, § 5425; Ord. No. 201245, § 2, 10-8- 12) Sec. 6-190. Height limitations generally. Unless otherwise specifically provided in any zoning district category, all walls or fences here- after located, erected, constructed, reconstructed, or altered outside of the established building lines shall adhere to the following heights: (a) if front of the front building line, no more than four (4) feet in height; (b) If to the rear of the front building line, provided the provisions of section 6-191 are met for corner lots, no more than eight (8) feet in height; (c) Fences no more than four feet six inches (4'6") in height may be permitted on a case -by -case basis by the city manager to be located in front of the building line in zoning districts which provide for horses and ponies or commercial riding stables as permitted uses. Any fence approved by the city manager under this subsection shall be constructed using non -opaque material. (Code 1974, § 5-126; Ord. No. 2008-06, § 2, 6-9-08; Ord. No. 2008-13, § 2, 8-25-08) Sec. 6491. Corner lots. (a) In order to ensure visibility and safety for pedestrians, and to provide clear sight lines for traffic entering an intersection, no fence, wall or other visual obstruction shall be erected, within twenty-five (25) feet of the intersecting property line corner adjacent to the street intersection corners. Supp. No. 19 390 BUILDINGS AND BUILDING REGULATIONS (b) When the side of the principle structure on a corner lot faces a road right-of-way on which adjacent dwellings have frontage, then any fence located on the corner lot shall be subject to the height limitations set forth in section 6490(a) to permit a clear field of visibility for pedestrians and/or vehicles entering or exiting the adjacent property. (Code 1974, § 5-127; Ord. No. 2012-15, § 2, 10-8- 12) Cross references —Streets, sidewalks and other public places, Ch. 17; streets, § 17-26 et seq.; motor vehicles and traffic, Ch. 12; zoning, Ch. 20. Sec. 6-192. Utility easements. (a) It shall be lawful for any person to enclose or fence any utility easements; provided, however, that adequate access must be provided thereto by the fence owner. If it becomes necessary to cut a fence or remove walls for the purpose of installa- tion of new utilities or repairing or maintaining installed utilities, it shall be the responsibility of the property owner to repair or replace the fence or wall to the condition existing previous to the installation, repair or maintenance. (b) A dedicated right -of --way shall not be fenced by any private czen. (Code 1974, § 5-129; Ord. No. 2004-49, § 3, 12-13- 04; Ord. No. 2012-15, § 2, 10-8-12) Cross reference —Utilities, Ch. 19. Sec. 6-193. Distance from property line. Fences, walls or other visible obstructions must be at least three (3) inches from property lines, except adjacent property owners may connect or otherwise attach their respective fences and walls in order to eliminate any gap or space between the fences and walls. The property owner's mu- tual written consent must be provided on a form acceptable to the city prior to the city permitting any such connection or attachment. (Code 1974, § 5.130; Ord. No. 200547, § 2, 6-27- 05; Ord. No. 201245, § 2, 10-8-12) Cross references —Land development, Ch. 9; zoning, Ch. 20. co 6-194. Article provisions not control- ling; exception. Provisions of this article do not supersede or control deed restrictions running with the land unless the provisions herein are more stringent than in the deed restriction. (Code 1974, § 5-131; Ord. No. 201245, § 2, 10-8- 12) Sec. 6-195. Maintenance of fences or walls. All fences and walls and accessories thereto shall be maintained in good order and in a condi- tion equal to that which was originally approved by the building official at the time a permit was issued. If for any reason the fence or wall was erected without a permit, said wall or fence shall be maintained in accordance with the conditions and requirements necessary for obtaining a fence or wall permit from the building official under this article. Within thirty (30) days receipt of written notice by the city that a wall or fence does not comply with the requirements of this section, a property owner shall bring such fence or wall in compliance with this section within thirty (30) days of receipt of such notice. The thirty -day period may be extended an additional thirty -day period by the city manager or the city manager's designee for good cause shown. (Ord. No. 2000-02, § 1, 2-28-00; Ord. No. 201245, § 21 10-8-12) Secs. 6-196-6-209. Reserved. ARTICLE VI. SWIMMING POOLS* ida BuildiCd Sec. 6-210. Florng oe. All swimming pools shall be constructed in accordance with the applicable provisions of the Florida Building Code, as may be amended. (Ord. No. 461, § 5, 6-26-89; Ord. No. 2012-15, § 2, 10-842) *Editor's note —Renumbered fiom ?,rt. IX by Ord. No. 2012-15, § 2, adopted Oct. 7, 2012. Cross references —Flood damage prevention, Ch. S; land development, Ch. 9; nuisances, Ch. 13; planning, Ch. 15; zoning, Ch. 20. Supp. No. 19 391 WINTER SPRINGS CODE Sec. 6-211. Definitions. As used herein, the following words, phrases, terms and their derivations shall have the mean- ings stated herein. Pool is a facility containing or intended to contain, water of a total volume greater than twenty-five hundred (2500) gallons, and/or is over twenty-four (24) inches in depth, with surface area exceeding one hundred fifty (150) square feet, used only by an individual citizen and his family or bona fide guests and shall not include ownership, operation or use by any type of club, cooperative housing or joint tenancy of two (2) or more families. (Code 1974, § 5-141; Ord. No. 2002-31, § 2, 10-28- 02) Sec. 6-212. Application for permit; plans and specifications. Before any work is commenced on the construc- tion of a pool or any structural alteration, addi- tion or the remodeling thereof, an application for a permit to construct such pool, accompanied by two (2) sets of plans and specifications and perti- nent explanatory data, shall be furnished to the building official of the city for his approval, and no part of the work shall be commenced until the building official has granted such permit to con- struct and has further evidenced his approval by a suitable endorsement upon such plans and specifications, and no such pool shall be used until final inspection has been made and approved by the building official. The building official shall review such plans and specifications to determine whether they comply with the provisions of this article and with all other applicable codes. (Code 1974, § 5-142; Ord. No. 2012-15, § 2, 10-8- 12) Sec. 6-213. Inspections. (a) The bung inspector, upon notification from the permit holder or his agent, shall make the inspections in this section and such other inspections as may be necessary, and shall either approve that portion of the work as completed, or shall notify the permit holder or his agent wherein the work fails to comply with this article. (b) The first inspection shall be made after excavation and reinforcing steel or structural framework is in place; second inspection, plumb- ing rough -in and electrical rough -in; third inspec- tion, pool deck, pool safety inspection, and final inspection, to be made on completion and ready for use. (c) During construction, all excavation must be enclosed by fencing which is a minimum of five (5) feet high and capable of preventing access by children. This fence must be in place at the time of the first inspection and remain in place until the pool is completed. This fencing may be of temporary construction or it may be of the per- manent type required pursuant to Florida law If of temporary construction, it must be replaced by is qilii'iu 1'�y i�ivi"iuu iuvJ prior to issuance by the building official of final approval of the pool. (Code 1974, § 5-148; Ord. No. 2012-15, § 2, 10-8- 12) Sec. 6-214. Contractor's qualifications. No person shall be permitted to construct any family pool unless such person is licensed as a general contractor or a swimming pool contractor. (Code 1974, § 5-150) 65 Secs. -21-6-218. Reserved. Editor's note —Ord. No. 2012-15, § 2, adopted 2012, repealed former §§ 6-215-6-218 in their entirety. The subject matter and legislative history of these former sections are included below: Former Section Subject Legislative History 6-215 Owner's privilege Code 1974, § 5-151 6-216 Design and construc- Code 1974, § 5- tion requirements 143(a)—(g) 6-217 Enclosure required Code 1974, §§ 5-128, 5-143(h); Ord. No. 426, §§ 1, 2, 9-26-88 6-218 General construction Cade 1974, § 5-144 provisions for con- crete pools Sec. 6-219. Yards. (a) No pool (excluding surrounding patio) shall be located closer to the side yard property line of the lot, parcel or piece of land upon which such Supp. No. 19 392 BUILDINGS AND BUILDING REGULATIONS pool is located than the distance required by the zoning ordinances of the city for side yards in the zone in which the property is located, plus three (3) feet, not less than ten (10) feet from the rear property line, nor shall any part of the pool structure within and including the coping intrude upon any easement. (b) No pool shall be located nearer to the fi•ont line of the lot, parcel or piece of land than the main or principal building or residence to which the pool is an accessory, except that for waterfront lots a pool shall be located not less than fifteen (15) feet from the present or proposed high-water control level of the lake. All distances shall be measured from six (6) inches outside the inside wall of pool. (Code 1974, § 5-145; Ord. No. 433, § 1, 9-26-88; Ord. No. 2002-31, § 2, 10-28-02) Cross references -Land development, Ch. 9; zoning, Ch. 20. Sec. 6-220. Pool removal. The removal of a pool shall involve the com- plete removal of the pool's structural shell, as well as all related equipment and appurtenances. The site shall be restored to its original condition at approved grade. (Code 1974, § 5-146; Ord. No. 2012-15, § 2, 10-8- 12) Cross reference -Electricity, § 6-101 et seq. Secs. 6-221. Reserved. Editor's note -Ord. No. 2012-15, § 2, adopted Oct. 8, 2012, repealed former § 6-221 in its entirety which pertained to plumbing requirements for swimming pools and derived from the Code of 1974, § 5-147. Cross reference -Plumbing, § 6-126. Sec. 6-222. Nuisances. (a) It is the responsibility of the pool owner to see that the operation of his pool does not cause undue noise or excess lighting which might pre- vent the enjoyment by adjoining property owners of their property. (b) Upon construction of a swimming pool, the owner or persons responsible for its operation shall keep in service all items designed for the § 6-270 purification of the water supply or its protection from pollution to perform adequately the function for which such were designed. (c) If any pool shall be allowed to contain stagnant or foul water or water containing more than 1,000 M.P.N. of E. coli, the city shall give the owner of the pool fifteen (15) days' notice to correct the deficiency. Should any owners not comply with the provisions of this section by draining or cleaning such pool, the city may then proceed with such work and the cost thereof shall be charged against the owners of the land and shall remain a lien against such land until paid. Failure by the owner to proceed within the fifteen - day period shall also be a violation of this article and punishable in accordance with section 1-15. (Code 1974, § 5-149) Cross reference -Nuisances, Ch. 13. Sec. 6-223. Conflict with deed restrictions. In instances where deed restrictions specify criteria for placement or construction of family swimming pools that vary from the provisions of this Code, the provisions of the most restrictive shall apply. (Code 1974, § 5-152) Secs. 6-224-6-239. Reserved. Secs. 6-240-6-249. Reserved. Editor's note -Ord. No. 2012-15, § 2, adopted 2012, repealed former Art. X, §§ 6-240-6-243 in its entirety which pertained to the gas code derived from Ord. No. 461, § 6, 6-26-89; Ord. No. 517, § 5, 2-24-92; Ord. No. 605, §§ XII-XV, i1-27-95; Ord. No. 692, § III, 1-12-98. Secs. 6-250-6-258. Reserved. Editor's note -Ord. No. 2002-18, § 2, adopted July 8, 2002, repealed former Art. XI, §§ 6-250-6-258, in its entirety. Former Art. XI pertained to an interim service fee and derived from Ord. No. 527, § 2, adopted Sept. 14, 1992. ARTICLE VII. CITATIONS; UNLICENSED CONTRACTORS; FAILURE TO OBTAIN BUILDING PERMIT* Sec. 6-270. Intent and purpose. It is the intent and purpose of this article to authorize the issuance of citations for violations *Editor's note -Ord. No. 2012-15, § 2, adopted Oct. 8, 2012, renumbered former Art. XII as Art. VII. S71pp. No. 19 393 § U-Zlv WINTER SPRINGS CODE of Sections 489.127 and 489.132(1), Florida Stat- utes, as may be amended or renumbered from time to time by the Florida Legislature. It is also the intent and purpose of this article to establish a procedure to implement the issuance of such citations by code enforcement officers, who under this article shall be the building official and those persons designated a code enforcement officer under section 2-67, Winter Springs Code. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinances by any other lawful means. (Ord. No. 2001-02, § 1, 10-Ml) Sec. 6-271. Findings. The city commission of the City of Winter w�7 iiings hEiI ,17W Viiliu5: (a) The commencement or performance of work for which a building permit is required without such building permit being in effect creates a grave threat to the public health, safety, and welfare and jeopar- dizes the safety of occupants of buildings. (b) The performance of construction by con- tractors who are not duly licensed, when a contracting license is required, may pose a danger of significant harm to the public when incompetent or dishonest unlicensed contractors provide unsafe, unstable, or short-lived products or services. (Ord. No. 2001-02, § 1, 10-8-01; Ord. No. 201245, § 2, 10-8-12) Sec. 6-272. Citation authorized for construc- tion contracting violations. A code enforcement officer is hereby authorized to issue a citation for any violation of Sections 489.127 and Section 489.132(1), Florida Statutes, whenever, based upon personal investigation, the code enforcement officer has reasonable and prob- able grounds to believe that such violation has occurred. A citation shall be issued in accordance with the rules and procedures established by this article and Florida Statutes. This article does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-273. Citation form. A citation issued by a code enforcement officer shall be in a form prescribed by the city commis- sion by resolution, and shall contain at a mini- mum: (a) The time and date of issuance. (b) The name and address of the person to whom the citation is issued. (c) The time and date of the violation. (d) A brief description of the violation and the facts constituting reasonable cause. (e) The name of the code enforcement officer. (f) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (g) The applicable civil penalty if the person elects not to contest the citation. (Ord. No. 2001-02, § 1, 10-8-01; Ord. No. 2012-15, § 2, 10-8-12) Sec. 6-274. Penalty. In addition to any other criminal penalties provided by Section 489.127(2), Florida Statutes, a civil penalty of five hundred dollars ($500.00) shall be levied for any violation of this article. All monies collected by the city from citations issued under this article shall be deposited in the city's general fund and may be expended for any public purpose authorized by the city commission. A person cited for a violation pursuant to this arti- cle is deemed to be charged with a non -criminal infraction. Each violation is a separate civil in- fraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-275. Refusal to sign citation. Except in the absence of the person who has committed the violation, a code enforcement offi- cer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "Refused to Sign" or any other words of similar meaning in the space provided in the citation for the person's signature Supp. No. 19 394 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 Department to report such violation of this article and Section 489.127(5)(m), Florida Statutes. (Ord. No. 2001-02, § 11 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 cita- tion. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-277. Correction of violation; payment of penalty; notice of hearing. 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 to appeal the issuance of the cita- tion in accordance with the procedures set forth in this article. Any request for an administrative 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 hear- ing in writing within the ten-day time period shall constitute a waiver of the violator's right to an administrative hear- ing. Awaiver of said right shall be deemed an admission of the violation, and penal- ties 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) 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 in accordance with the require- ments of the Local Government Code Enforce- ment Boards Act. § 6-279 (b) During the administrative hearing, if the violator demonstrates to the code enforcement board that the violation is invalid or that the violation has been corrected prior to appearing before the code enforcement board, the code en- forcement board may dismiss the citation unless the violation is irreparable or irreversible, in which case the code enforcement board may order the violator to pay a civil penalty as set forth in subsection (c) below. (c) During the administrative hearing, if the code enforcement board finds that a violation exists, the code enforcement board 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 shall con- sider the following facts: (1) The gravity of the violation. (2) Any actions taken by the violation 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 finds that the violator haI not contested or paid the civil penalty set forth in the citation within the time required in this article, the code enforcement board 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. (e) All civil penalties imposed by the code enforcement board under this article shall con- tinue to accrue until the violator comes into compliance or until a judgement is rendered by a couA 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 sets forth this accrual requirement. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-279. Appeals of code enforcement board decisions. Any person aggrieved by a final administrative order of the code enforcement board pursuant to Supp. No. 19 395 § 6-279 WINTER SPRINGS CODE this article, including the city commission, may appeal the order to the circuit court in accordance with Section 489.127(5)(J), Florida Statutes, as may be amended or renumbered from time to time by the Florida Legislature. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-280. Recording code enforcement board orders. A certified copy of an order of the code enforce- ment board 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 Flor- ida law. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-281. Notices. All notices required by this article shall be provided to the violator by certified mail, return r^G^lpt rcquo tcd; by lic^a_nd delivery by a ia5%J 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 family above fifteen (15) years of age and informing such person of the contents of the notice; or by includ- ing 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 Mainte- nance Code adopted. The city hereby adopts in its entirety the 2006 International Property Maintenance Code, a on of which is attached hereto as Exhibit "A" (herein after referred to as "Maintenance Code"), except as amended as follows: (a) Pursuant to section 101.1 of the Mainte- nance Code: The regulations shall be know as the "Property Maintenance Code of the City of Winter Springs." *Editor's note —Ord. No. 2012-15, § 2, adopted Oct. 8, 2012, renumbered former Art. XIII as Art. VIII. (b) Section 101.3 of the Maintenance Code is amended in its entirety to read as follows: Application of other codes, repairs, ad- ditions or alterations to structure, or changes of occupancy, shall be done in accordance with the procedures and pro- visions of the Florida Building Code, Flor- ida 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 followinv: The "code official(s)" responsible for en- forcing the provisions of the Maintenance Code shall be the city's code enforcement officers and the citys building official or such other person deemed qualified by the city manager. (e) Section 106 is deleted in its entirety and replaced with the following: (1) It shall be unlawful for any person, corporation, or other entity to be in violation of any provision of this Main- tenance Code. Violations shall con- stitute a public nuisance and shall be deemed a strict liability offense. (2) Violations of the Maintenance Code shall be prosecuted by the city by any lawful means available includ- ing, but not limited to, actions before the code enforcement board, civil code enforcement citation, and by an in- dependent action before a court of law. Penalties and additional city remedies for violations hereof shall be as provided under section 1-15 of the city code. For purposes of a civil citation, each violation shall consti- tute a class IV violation. (3) In the event that a person fails to comply with a notice of violation issued by a code official or order rendered by the code enforcement Supp. No. 19 396 BUILDINGS AND BUILDING REGULATIONS board, the city manager is hereby authorized to take lawful steps in- cluding, but not limited to, institut- ing an appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require removal or termination of the unlaw- ful occupancy of the building in vio- lation of this Maintenance Code. If the city causes the conditions consti- tuting the violation to be immedi- ately remedied, any expenses in- curred by the city to remedy the violation including, but not limited to, contractor and material costs, ad- ministrative overhead, attorneys fees, and other related costs shall be as- sessed by lien against the property on which the violation occurs. Such assessment liens shall be prior to all other liens on such property except the lien of state, county, and mumc- ipal taxes and shall be in parity with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than 30 days, may be foreclosed by the city in the manner provided by law for the fore- closure of mortgages. Section 109.5 is deleted in its entirety and shall read as follows: The city manager is authorized to ex- pend funds in the performance of emer- gency repairs under this section. If emer- gency repairs are performed by the city, any expenses incurred by the city to make said repairs including, but not limited to, contractor and material costs, administra- tive overhead, attorneys fees, and other related costs shall be assessed by lien against the property on which the emer- gency repairs occurred. Such assessment liens shall be prior to all other liens on such property except the lien of state, county, and municipal taxes and shall be in parity with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than 30 days, may be foreclosed by the city in the man -provided by law for the foreclosure of mortgages. (g) Section 111 is amended is as follows: (1) The code enforcement board shall serve as the board of appeals under the Maintenance Code. (2) Section 111.1 is deleted in its en- tirety and shall read as follows: Any person directly affected by an administrative decision of the code official shall have the right to appeal to the board of appeals an interpre- tation or application of the Mainte- nance Code by filing a notice of ap- peal with the code official within twenty (20) days of said interpreta- tion or application. However, once a code official or the city has initiated enforcement proceedings under the Maintenance Code, a person is barred from bringing an appeal under this section related to the interpretation or application of any provision of the Maintenance Code which is the sub- ject matter of the enforcement pro- ceeding until such time the enforce- ment proceeding has been concluded through all appeals. (3) Sections 111.2 through 111.7 are de- leted in their entirety. (4) Section 111.7 shall read as follows: Any person aggrieved by a final de- cision of the code enforcement board serving as the board of appeals un- der 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 meanings ascribed to them as stated in those codes. (i) The first sentence of Section 302.4 is amended to insert "ten (10) inches." Supp. No. 19 397 WINTER SPRINGS CODI; (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) Sec. 6-301. Supplemental; minimum stan- dards. The Maintenance CoBa shall be dePmecl sttn- plemental, and in addition to, any other city code. However, to the extent that a conflict exists be- tween the Maintenance Code, and any other city code, the conflicting provision that most protects life and property shall apply. In addition, with respect to any conflicting enforcement procedures set forth in the city code, said enforcement proce- dures 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, § 21 4-14-08) Supp. No. 19 398 [The next page is 433] Chapter 10 LICENSES AND BUSINESS REGULATIONS* Article I. In General Secs. 10-1-10-25. Reserved. Article II. Local Business Tax Receipts Sec. 10-26. Required. Sec. 10-27. Receipt year established. Sec. 10-28. Limitation on term; half -year receipts. Sec. 10-29. Local business tax receipts established. Sec. 10-30. Transfer of receipt. Sec. 10-31. Revocation. Sec. 10-32. Delinquency penalty established. Secs. 10-33-10-50. Reserved, Article III. Sexually Oriented Businesses and Adult Entertainment Establishments Sec. 10-51. Short title. Sec. 10-52. Purpose, findings and intentlincorporation of whereas clauses. Sec. 10-53. Construction. Sec. 10-54. Obscenity/indecent exposure unlawful. Sec. 10-55. Definitions. Sec. 10-56. Notice. Sec. 10-57. Penalties/remedies/relief. Sec. 10-58. License required. Sec. 10-59. Responsibilities of other offices and departments. Sec. 10-60. License application and application fee. Sec. 10-61. Contents of application. Sec. 10-62. Continuing duty/false or misleading information. Sec. 10-63. Consent. Sec. 10-64. Investigation of applicant. Sec. 10-65. Issuance or denial of license. Sec. 10-66. Reasons for denial of application of license. Sec. 10-67. Reapplication after denial. Sec. 10-68. Annual license fee. Sec. 10-69. Contents of license, term of license, renewals, expiration, lapse, nonconforming establishments. Sec. 10-70. Records and reports. Sec. 10-71. Transfer of license. Sec. 10-72. Establishment name change. Sec. 10-73. Suspension and revocation of license. Sec. 10-74. Suspension and revocation proceedings. Sec. 10-75. Worker records. Sec. 10-76. General requirements for all adult entertainment establishments and sexually oriented businesses. Sec. 10-77. Sexually oriented businesses. Sec. 10-78. Adult theater provisions. *Cross references- Administration, Ch. 2; code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; finance, § 2-136 et seq.; buildings and building regulations, Ch. 6; fire prevention and protection, Ch. 7; fire and security alarms, § 13-51 et seq.; signs and advertising, Ch. 16; taxation, Ch. 18; zoning, Ch. 20. State law references -Local occupational license tax, P.S. ch. 205; regulatory license fees, F.S. § 166.221. Supp. No. 19 693 WINTER SPRINGS CODE Sec. 10-79. Adult performance establishment provisions. Sec. 10-80. Commercial bodily contact establishments provisions. Sec. 10-81. Escort service. Sec. 10-82. Engaging in prohibited activity -Customers. Sec. 10-83. Engaging in prohibited activity-Workers/operators. Sec. 10-84. Operation without license. Sec. 10-85. Operation contrary to operational requirements. Sec. 10-86. Use of restrooms or dressing rooms. Sec. 10-87. Minors -Unlawful provisions. Sec. 10-88. Records -Unlawful provisions. Sec. 10-89. Hours of operation -Unlawful provisions. Sec. 10-90. Special prohibitions relating to escorts and escort services - Unlawful provisions. Sec. 10-91. Special prohibited acts; commercial bodily contact; unlawful provisions. Sec. 10-92. Commercial bodily contact establishments -Prohibited; savings provision. Sec. 10-93. Local business tax receipts/home occupations. Sec. 10-94. Sexual encounter businesses prohibited/prohibited acts -Unlaw- ful provisions. Sc 10 05. Ir.:nrunity from p 0 Uioi.. Secs. 10-96-10-99. Reserved. Sec. 10-100. Zoning. Sec. 10-101. Prohibited locations for adult entertainment establishments; sexually oriented businesses. Sec. 10-102. Menstlrement of distance. Secs. 10-103-10-110. Reserved, Article IV Amusements Sec. 10-111. Dance halls; permit required; conduct in dance halls. Secs. 10-112-10-114, Reserved. Sec. 10-115. Slot machines and devices. Secs. 10-116-10-135. Reserved, Article V. Peddlers and Solicitors and Miscellaneous Sales Sec. 10-136. Transient or itinerant solicitors; permit required; prerequisite to issuance. Sec. 10-137. At-home sales. Secs. 10-138-10-150. Reserved, Article VI. Secondhand Precious Metals Sec. 10-151. Definitions. Sec. 10-152. Register of transactions. Sec. 10-153. Waiting period prior to disposal of certain property. Sec. 10-154. Storage of articles during waiting period. Sec. 10-155. Dealing with persons under age eighteen years prohibited. Secs. 10-156-10-170. Reserved, Article VII. Pain Management Clines Sec. 10-171. Requirements. Supp. No. 19 694 LICENSES AND BUSINESS REGULATIONS the fee may be refunded if all signs noticing the sale are removed from the site of the sale within five (5) days after the sale. (Code 1974, § 8-2) Secs. 10-138-10-150. Reserved. ARTICLE VI. SECONDHAND PRECIOUS METALS* Sec. 10-151. Definitions. The definitions as used in this article, unless the context otherwise requires, shall mean: Bullion coins: Fungible coins with intrinsic value greater than the numismatic value. Dealer: Any person engaged in the business of purchasing or selling at retail or wholesale or otherwise dealing in any old, used or secondhand precious metals of any kind or description and in any form, whether with a fixed place of business or as an itinerant. Precious metal: Gold, silver or platinum or any combination thereof whether in manufactured, alloyed or any other form. (Code 1974, § 8-26) Sec. 10-152. Register of transactions. (a) Any person engaged in business as a dealer shall keep a register in connection with his busi- ness, the register to be approved as to type and form by the police chief. At the time of each transaction, such person shall enter or cause to be entered in such register an accurate description of the person from whom any article of personal property made of precious metal is purchased or received, and shall include in the description, but not limit the description to, the name, date of birth, sex, race, place of residence and driver's license or, if none, other government identifica- tion numbers of the person, together with an accurate description of any article of personal property made of precious metal so purchased or received, which description may contain any mark, brand, monogram, hallmark, word or letters which *State law reference —Precious metals dealers, F.S. § 538.01 et seq. may be engraved, stamped, etched or otherwise permanently marked upon the article. The de- scription of bullion coins shall be adequate if it provides the total dollar amount of each denomi- nation. The register shall at all times be kept open and available for the inspection and exami- nation of the chief of police or any other person authorized by the chief of police to inspect the register. (b) Any and all persons engaged in business as a dealer shall, in keeping the register required in (a) above, take the following precautions to en- sure the accuracy of the personal identification required: (1) The customer shall be required, as a con- dition to the purchase, to sign his name on the registration form. (2) Reasonable proof of identity which would include, but not be limited to, display of a driver's license or other governmental iden- tification cards or certificates shall be required. (c) It shall be unlawful for any customer to give or display false identification to the dealer or to sign a false name. (d) All dealers shall, not later than 12:00 noon y of each business da, make available to the police chief or his representative, a full and complete copy or transcript of the register in which is entered the transactions of the preceding busi- ness day as required by (a) above. (Code 1974, § 8-27) Sec. 10-153. Waiting period prior to disposal of certain property. (a) Except for the exempt transactions herein- after provided, no articles of personal property made of precious metals shall be sold, melted, altered or otherwise disposed of by any dealer until ten (10) days have elapsed from the time the chief of police has had made available to him a copy of the transcript of the register in which such articles of personal property made of precious metals are entered, and such articles shall not be transferred from within the city during such ten-day period of time. Supp. No. 19 737 WINTER SPRINGS CODE (b) The following transactions shall be exempt from the provisions of (a) above: (1) Coins repurchased by a dealer, provided the dealer repurchases from the same person and maintains a record of the prior sale and the repurchase. (2) Transactions between dealers, provided the article has been registered in accor- dance with this article and in the posses- sion of any local dealer for the period set forth in (a) above. (Code 1974, § 8-28) Sec. 10-154. Storage of articles during wait- ing period. All articles of personal property mariP of nrP- cious metals purchased or received by dealers shall remain attached to a copy of the bill of sale and be so arranged in stock as to enable the stock to be inspected by the police department or any other person with such authority during the pe- riod set forth in section 10-153(a). (Code 1974, § 8-29) Sec. 10-155. Dealing with persons under age eighteen years prohibited. It shall be unlawful for any dealer to buy, take, or receive by way of purchase or exchange, any articles made of precious metals from any person under the age of eighteen (18) years. (Code 1974, § 8-30) Secs. 10456-10480. Reserved. ARTICLE VII. PAIN MANAGEMENT CLINICS* Sec. 10481. Requirements. (a) Any application for a business tax receipt filed with the city to engage in a business involy- ing the practice of medicine, osteopathic medi- cine, dentistry, or any other profession that can legally prescribe drugs to patients, or any busi- *Editor's note —Ord. No. 2012-10, § 2, adopted Aug. 13, 2012, added provisions numbered as Art. IV. In order to avoid conflicts in the numbering of provisions the editor has x•enum- bered these added provisions as Art. VII. Supp. No. 19 ness classified or described as a wellness center, clinic, or similar kind of business shall be accom- panied by an executed affidavit certifying regis- tration as a pain management clinic with the State of Florida, if applicable, or certifying that the business activity does not meet the definition of pain management clinic or does not otherwise require registration as a pain management clinic, as this term is defined in state law. The affidavit shall be on a form provided by the city. Any such application for a business tax receipt and exe- cuted affidavit shall be provided to the city at the time the city reviews a proposed use for zoning compliance purposes. The failure of an applicant to certify by affidavit that a business meets the definition of pain management clinic will result in the immediate ceasing of all activity conducted in the pain management clinic. (b) No pain management clinic shall limit pa- tient payment options to cash only. (c) The lluw�; of operation of a pain manage- ment clinic shall be limited to 7:00 a.m. to 9:00 p.m. of the same day. (d) No pain management clinic shall provide or allow outdoor seating areas, queues, or cus- tomer waiting areas. All activities shall be con- ducted within the building and adequate indoor waiting areas shall be provided for all patients and business invitees. The pain management clinic shall not direct or encourage any patient or business invitee to stand, sit (including in a parked car), gather, or loiter outside of the build- ing where the clinic operates, including in any parking area, adjacent sidewalk or right of way or neighboring property for any period of time longer than that reasonably required to arrive and de- part. The pain management clinic shall post a conspicuous sign stating that no loitering is al- lowed on the property. (Ord. No. 2012-10, § 2, 8-13-12) 738 [The next page is 761] Chapter 13 NUISANCES* Article I. In General Sec. 13-1. General prohibition. Sec. 13-1.5. Definitions. Sec. 13-2. Prohibitions. Sec. 13-3. Duty of owners of buildings to keep surrounding property clean; notice; failure to comply with notice. Secs. 13-5-13-25. Reserved. Article II. Noise Divison 1. Generally Sec. 13-26. Purpose and scope. Sec. 13-27. Definitions, Division 2. Powers and Duties of Noise Control Officer Sec. 13-28. Lead agency or official. Sec. 13-29. Powers of the noise control officer. Division 3. Prohibited Acts Sec. 13-30. General —Noise disturbances prohibited. Sec. 13-31. Specific —Noise disturbances prohibited. Division 4. Exceptions and Variances Sec. 13-32. Emergency exception. Sec. 13-33. Special event variances. Sec. 13-34. Variances for time to comply. Division 5. Sound Levels by Receiving Land Use Sec. 13 35. Maximum permissible sound levels by receiving land use. Sec. 13-36. Reserved. Division 6. Measurement Procedures Sec. 13-37. Standardized measurements required. Sec. 13-38. Required measurement procedures. Division 7. Enforcement Sec. 13-39. Penalties. Sec. 13-40. Notice of violation. Sec. 13-41. Immediate threat to health and welfare. Sec. 13-42. Other remedies. Sec. 13-43. Designation of noise sensitive zones. Sec. 13-44. Motor vehicle noise. *Cross references —Administration, Ch. 2; procedure fm• disposition of abandoned property, § 2-1; code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; nuisances regarding swimming pools, § 6-222; distribution of handbills, periodicals, § 16-26 et seq. Supp. No. 19 $73 WINTER SPRINGS CODE Secs. 13-45-13-50. Reserved. Article III. Fire and Security Alarms Sec. 13-51. Definitions. Sec. 13-52. Notice of installation, modification. Sec. 13-53. Compliance for existing systems. Sec. 13-54. Response to reset, disable system. Sec. 13-55. Emergency telephone numbers. Sec. 13-56. Automatic shutoff of alarm. Sec. 13-57. Classification of alarms. Sec. 13-58. False alarms —Warning notice. Sec. 13-59. Same —Service fee. Sec. 13-60. Same —Waiver of fee. Sec. 13-61. Disconnection of system. Article IV. Miscellaneous Nuisances Sec. 13-62. Skateboarding, roller skating, in -line skating, and other similar activities on human -propelled devices. Secs. 13-63-13-69. Reserved, Article V. Public Nuisance Abatement Board Sec. 13-70. Intent and purpose. Sec. 13-71. Creation of the public nuisance abatement board. Sec. 13-72. Definitions. Sec. 13-73. Composition; term. Sec. 13-74. Powers; duties; jurisdiction. Sec. 13-75. Enforcement procedures. Sec. 13-76. Penalties; fines; liens; recording. Sec. 13-77. Appeal, Supp. No. 19 8%4 NUISANCES 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 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 to secure the property or render it safe, including the letting of contracts, pursuant to city purchasing re- quirements, to repair or remove danger- ous 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 one 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 supplemen- tary to city and code board authority to order the property owner to remedy nui- sance conditions. (Ord. No. 632, § I, 11-25-96) Secs. 13-5-13-25. Reserved. ARTICLE II. NOISE* DIVISION 1. GENERALLY Sec. 13-26. Purpose and scope. (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 *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. Former Art. II pertained to similar subject matter and derived from the Code of 1974. 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 com- fort of its inhabitants, and facilitate the enjoy- ment 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 mak- ing, creation or maintenance of excessive or un- reasonable sound within the city affects and is a menace to the public health, comfort, conve- nience, 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) 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. Supp. No. 10 879 WINTER SPRINGS CODE Background sound level shall mean the sound pressure level of the all-encompasing noise ema- nating from a given environment, usually being a composite of sounds from many sources. 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 dBC. Commercial area means those areas zoned and designated for commercial uses update on the city's official zoning map (including, but not lim- ited 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, as- eP?ilhl�� rv�•prtinn, tiL�}�at�n4'.al r^p3:r, c•lt^,rAtiO , ^.� similar action, but excluding demolition, for or of public or private rights -of -way, structures, utili- ties or similar property. �ecibcl (dB) means a unit i: 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, inten- tional destruction or removal of structures, utili- ties, public or private right-of-way surfaces, struc- tures or similar property. Emergency means any occurrence or set of circumstances involving actual or imminent phys- ical trauma or property damage which demands immediate action. 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 sounA level descriptor based on the average acous- tic 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 abrupt onset and rapid decay. Examples of sources of impulsive sound include, but are not limited to, explosions, drop forge impacts, and the discharge of firearms. Industrial area means 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 indus- trial uses exist. Motor vehicle means any vehicle which is de- fined as a "motor vehicle" by Chapter 316, Florida Statutes. Motorboat means any vessel which operates on water and which is propelled by a motor, includ- ing, but not limited to, boats, barges, amphibious crafts, water ski towing devices and hover crafts. Motorcycle me^n� any "rnotot•cycle" <s defin�;d 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 an- noys 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 (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 consti- tute an evidentiary basis for declaring a noise disturbance. It is the intent and purpose of this definition that sounds that either meet the afore- said criteria or exceed the sound levels in Division 5 or both shall constitute a violation of this article. Supp. No. 19 880 NUISANCES Noise sensitive zone means any area designated by the city commission for the purpose of ensuring exceptional quiet in accordance with section 13- 43. Person means any individual, association, part- nership, corporation, entity or agency including any officer and employee thereof. Powered model vehicle means any self-pro- pelled airborne, waterborne, or land borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket. Property line means an imaginary line along the surface of land or water, and its vertical plane extension, which separates the real property owned, rented or leased by a person from the real prop- erty owned, rented or leased by another person. Public right -of --way means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a govern- mental entity. Public space means any real property or struc- tures thereon which are owned or controlled by a governmental entity. Residential area means those areas zoned and designated for residential uses on the city's offi- cial zoning map (including, but not limited to, R4AAA, R-Cl, R4AA, R4A, R-1, R-3 and PUD residential) and/or future land use map or areas where residential uses exist. RMS sound pressure means the square root of the time averaged square of the sound pressure, denoted Prms. Sound means an oscillation in pressure, parti- cle displacement, particle velocity or other phys- ical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including dura- tion, intensity and frequency. Sound level means the weighted sound pres- sure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI 51.4 - 1911, or the latest approved revision thereof). If the frequency weighting em- ployed is not indicated, the A -weighting shall apAy. Sound level analyzer means an instrument which includes a microphone, amplifier, RMS detector, integrator or time average, output me - and weighting networks used to measure sound pressure levels. Sound pressure means the instantaneous ference between the actual pressure and the av- erage or barometric pressure at a given point in space, as produced by sound energy. Sound pressure level means twenty (20) times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (20 x 10-6 N/m2). The sound pressure level is denoted Lp or SPL and is expressed in decibels. Weekday means any day Monday through Fri- day, which is not a legal holiday. (Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02, 2, 2-25-13) DIVISION 2. POWERS AND DUTIES OF NOISE CONTROL OFFICER Sec. 13-28. Lead agency or official. The noise control program established by this article shall be administered by the City of Winter Springs Police Department, Code Enforcement Division. (Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02, § 2, 2-25-13) Sec. 13-29. Powers of the noise control offi- cer. In order to implement and enforce this article and for the general purpose of sound and vibra- tion abatement and control, the noise control officer ("NCO") shall have, in addition to any other authority vested by state or federal law, the power to: (a) Conduct, or cause to be conducted, re- search, monitoring, and other studies re- lated to sound and vibration; Supp. No. 19 881 WINTER SPRINGS CODE (b) Conduct programs of public education and from any source in accordance with the encourage the participation of the public methods and procedures required by this regarding: article and at such locations and times (1) The causes, effects and general meth- deemed reasonably necessary by the NCO ods of abatement and control of noise to ensure compliance with this article. and vibration; (g) In accordance with subsection (e), and (2) The actions prohibited by this article other provisions of this article, investi- and the procedures for reporting vi- gate and pursue possible violations of this olations. article. (c) Coordinate the noise and vibration con- (Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02, trol activities of all municipal depart- § 2, 2-25-13) ments. (d) Review public and private projects, sub- DIVISION 3. PROHIBITED ACTS ject to mandatory review or approval by the city, for compliance with this article, if Sec. 13=30. General —Noise disturbances prow h nrPjPeto arP MZP11T tO Pa110,0 an„_r_ d Oil vibration in violation of the article. No person shall unreasonably make, continue, (e) Conduct inspections, specifically, to: or cause to be made or continued, any noise (1) Upon presentation of proper creden- disturbance. vials, enter and inspect any private (Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02, property or place to determine com- § 2, 2-25-13) pliance with this article, when granted permission by the owner, or Sec. 13-31. Specific —Noise disturbances prow by some other person with apparent hibited. authority to act for the owner or pursuant to an inspection warrant; The following acts, and the causing thereof, are (2) Stop any motor vehicle, motorcycle, declared to be in violation of this article: or motorboat operated on a public right -of --way, public space, or public (a) Electronic device; musical instruments. Op - waterway reasonably suspected of erating, playing or permitting the opera - violating any provision of this arti- tion or playing of any radio, television, cle, and issue a notice of violation or phonograph, drum, musical instrument, sound amplifier, or similar device which abatement order which may require the motor vehicle, motorcycle or mo- produces, reproduces, or amplifies sound: torboat to be inspected or tested as (1) Between the hours of 10:00 p.m. and the noise control officer may reason- 7:00 a.m. the following day in such a ably require to ensure compliance manner as to create a noise distur- with law; bance across a real property bound- (3) Conduct sound level measurements ary or within a noise sensitive zone, at defined property lines located except for activities open to the pub - within the city, and issue a notice of lic and for which a special event violation, civil citation and/or abate- variance has been issued by the city ment order to compel compliance with according to the criteria set forth in this article. section 13-33; (f) Require the owner or operator of any (2) In such a manner as to create a noise commercial or industrial activity to mea- disturbance at twenty-five (25) feet sure the sound level of or the vibration from such device, when operated in Supp. No. 19 882 NUISANCES or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters; (3) In such a manner as to create a noise disturbance to any person other than the operator of the device, when op- erated by any passenger on a com- mon carrier. (b) Loud speakers. Using or operating any loudspeaker, public address system, or similar device: (1) Between the hours of 10:00 p.m. and 7:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a real prop- erty boundary or within a noise sen- sitive zone; (2) Between the hours of 10:00 p.m. and 7:00 a.m. the following day on a public right-of-way or public space. (c) Animals; birds. Having control and pos- session of any animal or bird which fre- quently or for continued duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential real property bound- ary or within a noise sensitive zone. (This provision shall not apply to public zoos and public paw parks). (d) Construction. Operating or permitting the operation of any mechanically powered tools or equipment used in construction, drilling, or demolition work between the hours of 10:00 p.m. and 7:00 a.m. the following day. Sound levels created by construction, drilling, or demolition activ- ities shall not cause a noise disturbance at or across a real property boundary, except for bona fide emergency work of or by special variance issued pursuant to this article; (e) Vehicle and boat repairs. Repairing, re- building, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property bound- ary or within a noise sensitive zone. (f) Places of public entertainment. Operating, playing, or permitting the operation or playing of any radio, television, phono- graph, drum, musical instrument, sound amplifier, or similar device which pro- duces, reproduces, or amplifies sound in any place of public entertainment at a sound level greater than the maximum permissible limit measure at the property line for commercially zoned areas. (g) Explosives. Using or firing explosives or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right -of --way, without first obtaining a special variance pursuant to this article. (h) Model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space or within a noise sensitive zone between the hours of 10:00 p.m. and 7:00 a.m. the following day. (i) Motorboats. Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such a manner as to create a noise disturbance at fifty (50) feet or the nearest shoreline, whichever distance is less. (j) Noise sensitive zones. Creating or causing the creation of any sound within any noise sensitive zone designated pursuant to this article so as to disrupt the activi- ties normally conducted within the zone or that exceeds the maximum permissible sound level established for said zone pur- suant to section 13-43, provided that con- spicuous signs are displayed indicating the presence of the zone. (Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2011-10, § 4, 7-25-11; Ord. No. 2013-02, § 2, 2-25-13) DIVISION 4. EXCEPTIONS AND VARIANCES Sec. 13-32. Emergency exception. The provisions of this article shall not apply to the emission of sound for the purpose of alerting Supp. No. 10 883 § 13-04 WINTER SPRINGS CODE persons to the existence of any emergency, or the emission of sound in the performance of emer- gency work. (Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02, § 2, 2-2543) Sec. 13-33. Special event variances. (a) The city manager shall have the authority, consistent with this article, to grant special event variances. (b) Any person seeking a special event vari- ance pursuant to this section shall file an appli- cation with the city manager. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special event variance is sniight into compliance with this article would constitute an unreasonable hardship on the applicant, on the community, or on other persons. (G I11 tit;i.::tilillllii�' w1he1' LU 'a11L O1' deny the application, the city manager shall balance the hardship to the applicant, the community, and other persons of not granting the special event variance against the adverse impact on the health, safety, and welfare of the persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special event variance. Applicants for special event vari- ances and persons contesting special event vari- ances may be required to submit any information the city manager may reasonably require. (d) Special event variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permit- ted activity. The special event variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condi- tion of the special event variance shall terminate it and subject the person holding it to those provisions of this article regulating the source of sound or activity for which the special event variance was granted. (e) Application for extension of time limits specified in special 4- cation of other substantial conditions shall be treated like applications for initial special van - antes. (i) Special events authorized and sponsored or co -sponsored by the city at public event locations authorized by the city shall, upon such authori- zation, be deemed to have been granted a special event variance pursuant to this section. (Ord. No. 2005-16, § 2, 8-8-05; Ord. No. 2013-02, § 2, 2-25-13) Sec. 13-34. Variances for time to comply. (a) The owner of any commercial or industrial source of sound not in compliance with this article may apply to the city manager for a variance for time to comply with this article. The city manager shall have the authority, consistent with this section, to grant a variance, not to exceed one hundred eighty (180) days from date of the appli- i.uJ_ Vo (7N cA?l'. 11111 L11Cl '-P (b) Any person seeking a variance for time to comply shall file an application with the city manager. The application shall contain informa- tion which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this article prior to the date requested in the application would con- stitute an unreasonable hardship on the appli- cant, on the community, or on other persons. (c) In determining whether to grant or deny the application, the city manager shall balance the hardship of the applicant, the community, and other interested persons of not granting the vari- ance for time to comply, against the adverse impact on health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the variance. Applicants for variances for time to comply and persons contesting variances may be required to submit any information the city man- ager may reasonably require. (d) Variances for time to comply shall be granted to the applicant containing all necessary condi- tions, including a schedule for achieving compli- ance. The variance for time to comply shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condi- tion of the variance shall terminate the variance and subject the person holding it to those provi- sions of this article for which the variance was granted. Supp. No. 19 884 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 im- pacts of granting the extension or modification. (Ord. No. 200546, § 2, 8-8-05; Ord. No. 2013-02, § % 2-2543) DIVISION 5. SOUND LEVELS BY RECEIVING LAND USE Sec. 13-35. Maximum permissible sound lev- els by receiving land use. No person shall operate or cause to be operated 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 Leq, 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 Lei 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. 2005-16, § 2, 8-8-05; Ord. No. 2013-02, § 2, 2-2543) Sec. 13-36. Reserved. )Cditor's note —Ord. No. 2013-02, § 2, adopted Peb. 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 re- quired. 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. 200546, § 2, 8-8-05; Ord. No. 2013-02, § 2, 2-25-13) Sec. 13-38. Required measurement proce- dures. 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 conform to ANSI 1.4-1983. Either Type I Supp. No. 19 885 § 13-00 WINTER SPRINGS CODE oI Type 2 sound analyzers are permitted per ANSI SIA-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, compo- nents, 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 ice siie enoias$0.0Lies ari,iaibnci(50) for the first violation, one hundred fifty dollars ($150.00) for the second violation, two hundred fifty dollars ($250.00) for the third violation and five hundred dollars ($500.00) dollars for ooch violation thereafter. (b) Any person who willfully or knowingly vi- olates a notice of noise abatement issued by a noise control officer or an order of a court or code enforcement board ordering 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 vio- lates, disobeys, neglects, or refuses to com- ply with any of the provisions of this article as expressly ordered by the code enforcement board or a court of competent jurisdiction for purposes of abating future noise disturbances; or (2) The person willfully or knowingly vio- lates, disobeys, neglects, or refuses 4- ply 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 prop- erty or threatens an immediate breach of the peace. Violations under this subsection (c) shall be pros- ecuted in the same manner as misdemeanor of- fenses. Upon conviction, the person shall be pun- ished 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 imprisonment in the county jail for a period not to exceed sixty (60) days, or both. (d) Each day a violation is committed, or per,,, to continue, shall constitute a separate offense and shall be penalized as such. In addition to the penalties provided under this section, vio- lators of this article shall be subject to any other appropriate civil or criminal action provided by law in a court of competent jurisdiction, includ- ing biit 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 necessary for the en- forcement of this article. Nothing in this section shall be held to exclude prosecution or actions by any other provisions of applicable law or to ex- empt anyone violating this article or any other law from any penalty which may be prescribed for said violation. (Ord. No. 200546, § 2, 8-8-05; Ord. No. 2013-02, § 2, 2-25-13) Sec. 1340. Notice of violation. p t Except where a erson is acting in good faith to comply with an abaement order issued pursuant 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. 200546, § 2, 8-8-05; Ord. No. 2013-02, § 2, 2-25-13) Sec. 1341. 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. Supp. No. 19 886 NUISANCES (b) Any person subject to an order issued pur- suant 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 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) 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, 2-25-13) 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 maxi- mum 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 convales- cent areas, passive nature parks, and wildlife habitat areas. The city commission may, by reso- lution, establish lower maximum permissible sound levels for said zones. (Ord. No. 200546, § 2, 8-8-05; Ord. No. 2013-02, § 21 2-2543) Sec. 1OW 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, 2-2543) 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 re- layed to the police or fire department telephone; (3) Via an automated telephone alarm sys- tem, 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. Burglary alarm. An alarm system designed to indicate a condition of forced entry, or attempted forced entry. False alarm. The activation of an alarm, by any means, which does not represent the designed condition. Fire alarm. An alarm system designed to indi- cate the presence of fire and/or smoke. *Cross references —Buildings and building regulations, Ch. 6; licenses and business regulations, Ch. 10, S11pp. Mn 19 887 WINTER SPRINGS CODE 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- tion. Prior to the installation or substantial modifi- cation 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 substan- tially modified systems shall be allowed to oper- ate for a period of thirty (30) days from the date of installation or modification without penalty for false alarms, provided the police and fire depart- ments are notified of the installation or modifica- tion 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 sys- tem. Owners or lessees of any alarm system shall provide response to the alarm location, when requested, in order to reset or disable the alarm system within one (1) hour 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) cur- rent 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- ing period in which case such system shall be so equipped, so as to automatically shut ott' 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 notifi- cation; (2) Valid alarm for cause designated. (Code 1974, Sec. 13-58. False alarms —Warning notice. Upon the reception of a third false alarm within six (6) months, the police or fire department 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) work- ing days indicating any and all measures taken to reduce false alarms. (Code 1974, § 9-32(c)(2)) Sec. 13-59. 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. Supp. No. 19 ggg NUISANCES (2) Second response, within six (6) months, no fee. (3) Third response, within six (6) months, written warning. (4) Fourth response, within six (6) months, one hundred dollars ($100.00). (5) Fifth response and up, within six (6) months, two hundred fifty dollars ($250.00). (Code 1974, § 9-32(0(3)) Sec. 13-60. Same —Waiver of fee. If, within ten (10) days from the occurrence of a false alarm, the owner or lessee or manager can demonstrate to the satisfaction of the police chief or fire chief that the alarm system in question has actually been examined by a repair service autho- rized by the system manufacturer and either repaired, if such repaired malfunction was the cause of the false alarm, or certified that the system is in good working order, then providing the false alarm was not caused by employee error, the false alarm shall not be considered a false alarm for the purpose of section 13-59. (Code 1974, § 9-32(c)(4)) Sec. 13-61. Disconnection of system. Upon failure of an owner or lessee or manager of a premises to pay any fee specified above within ten (10) days, the chief of police or fire chief shall be authorized to disconnect or order the discon- nection of the alarm system; and it shall be unlawful for any person to reconnect or fail to disconnect such alarm system unless and until appropriate corrective action has been taken and such connection of an alarm system is authorized by the chief of police or fire chief. No disconnec- tion or deactivation shall be ordered or made as to any premises required by law to have an alarm system in operation. The owner or lessee or man- ager shall be responsible for all costs incurred in collecting the service fee including attorney's fees. (Code 1974, § 9-32(c)(5)) ARTICLE IV. MISCELLANEOUS NUISANCES Sec. 13-62. Skateboarding, roller skating, in - line skating, and other similar activities on human -propelled de- vices. (a) Purpose. The purpose of this section is to regulate skateboarding, roller skating, in -line skat- ing, and other similar activities on human - propelled devices, and to designate specific loca- tions where such activities are permitted. This section is established in order to promote the overall safety and well-being of the public, and to prevent undue property damage that may result from these activities. (b) Prohibition. Skateboarding, roller skating, in -line skating, and other similar activities on human -propelled devices, when performed on steps, benches, retaining walls, parking barriers, build- ings, fountains, fountain areas, and other public and private improvements not intended for such activities are hereby declared a public nuisance. Further, where prohibited by a conspicuously posted sign, these activities are declared a public nuisance. This subsection (b) shall not apply on property where the property owner, tenant, or person lawfully in possession authorizes and con- sents to such activities. (c) Approved locations —In general. Unless oth- erwise prohibited by a posted sign or on improve- ments as set forth in subsection (b), skateboard- ing, roller skating, in -line skating and other similar activities on human -propelled devices are ex- pressly permitted in the following areas: (1) Sidewalks; (2) City parks; (3) Cross Seminole Trail; (4) Skate parks and skating facilities; and (5) Crosswalks on roadways in accordance with § 316.2065(12), Florida Statutes. (d) Posting signs. Property owners shall be responsible for posting signs prohibiting skate- boarding, roller skating, in -line skating and other similar activities on human -propelled devices. Supp. No. 19 889 WINTER SPRINGS CODE (e) Civil remedies. A violation of this section shall constitute a Class I violation pursuant to section 2-69.3. (Ord. No. 2004-29, § 1, 7-26-04) Secs. 13-63-13-69. Reserved. ARTICLE V. PUBLIC NUISANCE ABATEMENT BOARD* Sec. 13-70. Intent and purpose. It is the intent and purpose of this Article to promote, protect and improve the health, safety and welfare of the citizens of the City of Winter Spring by creating an administrative board to im^eSc ndm;.nictrnti vc fin a p+ .,.",, i 4jviA "i certain criminal activity on private property and provide an equitable, expeditious, effective and efficient method of abating drug, prostitution, dealing in stolen property, and criminal street gang activity, and pain management clinics con- stituting public nuisances within the municipal boundaries of the City of Winter Springs as pro- vided under Section 893.138, Florida Statutes, and as may be amended. (Ord. No. 2003-33, § 9-8-03; Ord. No. 2012-10, § 3, 8-13-12) Sec. 13-71. Creation of the public nuisance abatement board. There is hereby created, in accordance with section 893.138, Florida Statutes, the "City of Winter Springs Public Nuisance Abatement Board" (hereinafter referred to as "Nuisance Abatement Board"). (Ord. No. 2003-33, § 2, 9-8-03) Sec. 1342. Definitions. The following terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: (a) Controlled substance shall mean any drug, narcotic, or other substance identified and prohib- ited under Chapter 893, Florida Statutes, as amended from time to time. *Note —Formerly numbered as Article IV. (b) Criminal street gang shall have the same meaning as set forth under Section 874.03, Flor- ida Statutes. (c) Criminal street gang activity shall mean those activities committed by a criminal street gang or member thereof as set forth under Section 874.03, Florida Statutes. (d) Dealing in stolen property shall have the same meaning as that provided under Section 812.019, Florida Statutes. (e) Nuisance abatement coordinator• shall mean the city manager or the manager's designee who will be responsible for the oversight and enforce- ment of public nuisances nddressed ender tbis article. (f) Prostitution or prostitution -related activity shall mean any act constituting a violation of Section'196.07, Florida Statutes. (g) Recurring public nuisance means any sin- gle or multiple instance of conduct prescribed in Section 893.138, Florida Statutes that occurs dur- ing the effective term of an order entered by the nuisance abatement board. (h) Stolen property shall mean tangible, intan- gible, personal or real property having any mon- etary or market value and that has been the subject of any temporary or permanent criminal taking in violation of the laws of the State of Florida. (i) Pain management clinics shall mean as described in section 458.3265 or section 459.0137, Florida Statutes. (Ord. No. 2003-33, § 2, 9-8-03; Ord. No. 2012-10, § 3, 8-13-12) Sec. 13-73. Composition; term. (a) The City of Winter Springs Code Enforce- ment Board is hereby designated and established as the nuisance abatement board, and shall act as the city's administrative board to hear complaints regarding nuisances as provided herein. Supp. No. 19 890 NUISANCES (b) The terms of office of the nuisance abate- ment board members shall coincide with the terms of office of the code enforcement board members. (Ord. No. 2003-33, § 2, 9-8-03) Sec. 13-74. Powers; duties; jurisdiction. (a) The nuisance abatement board shall have the powers as delineated in section 893.138, Flor- ida Statutes, which shall include, but not be limited to, the following: (1) Jurisdiction to hear and decide com- plaints alleging that a place or premises constitutes a public nuisance as defined under Section 893.138, Florida Statutes. The nuisance abatement board shall have continuing jurisdiction for a period of one (1) year over any place or premises that has been or is declared to be a public nuisance pursuant to this article. (2) The power to adopt rules of procedure for the administration and conduct of its hear- ings. Such rules shall not be inconsistent with this article and the rules of proce- dure adopted by the city commission. Any rules adopted by the nuisance abatement board shall facilitate the efficient admin- istration of hearings before it and ensure fundamental due process. (3) The power to subpoena respondents, wit- nesses, and evidence, records and other material relevant to the proceedings, to its hearings and take testimony under oath. Subpoenas may be served by the City of Winter Springs Police Department or by such other person provided by law. (4) Issue orders having the force and effect of law, which include, but are not limited 4- the prohibition, enjoinment or abatement of public nuisances, including the estab- lishment and levy of fines. (b) It is the intent of this article to provide the City of Winter Springs with an additional and supplemental means to abate drug, prostitution, dealing in stolen property, pain management clin- ics and criminal street gang activities amounting to a public nuisance. Nothing contained herein shall preclude the city from abating nuisances under Section 60.05, Florida Statutes or as oth- erwise provided by federal, state or local law. (c) The nuisance abatement board shall hear complaints alleging that any place or premises constitutes a public nuisance, and may find said place or premises, or any part thereof, to be a public nuisance, upon competent and substantial evidence that said place or premises has been used: (1) On more than two (2) occasions within a six-month period, as the site of a violation of Section 796.07, Florida Statutes, relat- ing to prostitution and prostitution -re- lated activities; (2) On more than two (2) occasions within a six-month period, as the site of the unlaw- ful sale, delivery, manufacture, or cultiva- tion of any controlled substance; (3) On one (1) occasion as the site of the unlawful possession of a controlled sub- stance, where such possession constitutes a felony, and that has been previously used on more than one (1) occasion as the site of the unlawful sale, delivery, manu- facture, or cultivation of any controlled substance; (4) By a criminal street gang for the purpose of conducting a pattern of criminal street gang activity as defined by Section 874.03, Florida Statutes; (5) On more than two (2) occasions within a six-month period, as the site of a violation of Section 812.019, Florida Statutes, re- lating to dealing in stolen Property; or (6) As a pain management clinic, which has been used on more than two (2) occasions within a six-month period, as the site of a violation of: (i) Section 784.011, § 784.021, § 784.03, or § 784.045, Florida Statutes, relat- ing to assault and battery; Section 810.02, Florida Statutes, re- lating to burglary; Section 812.014, Florida Statutes, relating to dealing in theft; Supp. No. 10 891 WINTER SPRINGS CODE (iv) Section 812.131, Florida Statutes, relating to robbery by sudden snatch- ing; or (v) Section 893.13, Florida Statutes, re- lating to the unlawful distribution of controlled substances. (Ord. No. 2003-33, § 2, 9-8-03; Ord. No. 2012-10, § 3, 8-1342) Sec. 13-75. Enforcement procedures. (a) Any employee, officer or resident of the City of Winter Springs may file, in accordance with this section, a complaint alleging that a place or premises constitutes a public nuisance, as defined herein. Such complaint shall only be for those nuisances enumerated above in section 13-74(0 and shall state facts that reasonably tend to establish the existence of such public nuisance. (b) All complaints shall be filed with the sance abatement coordinator. The nuisance abate- ment coordinator shall review each complaint filed to determine whether the facts presented establish the requisite number of incidents or occurrences required under section 13-74 above. Where the complaint alleges the requisite num- ber of incidents or occurrences to establish a nuisance under this article, the nuisance abate- ment coordinator shall forward the complaint, with any relevant incident or arrest reports gen- erated by the police department substantiating such incidents or occurrences or evidencing new or additional incidents or occurrences, to the city attorney. (c) The city attorney shall review all com- plaints received from the nuisance abatement coordinator for legal sufficiency. If the city attor- ney deems the complaint sufficient under the code to support a probable finding of the existence of a public nuisance, the nuisance abatement coordi- nator shall prepare a courtesy notice of violation to be served, in accordance with this section, upon the owner of the property in question. The cour- tesy notice of violation shall provide the name of the owner of the premises, the address of the premises where the nuisance has occurred, a brief statement describing the incidents or occurrences which support the finding of a public nuisance upon the premises, and recommendations of re- medial action to be taken to abate the public nuisance upon the property. The owner of the premises shall have ten (10) days from the date of the notice to contact the nuisance abatement coordinator to indicate what action will be taken to abate the nuisance upon the premises. Failure of the owner to receive this notice of violation shall not invalidate any further proceedings here- under. If a recurring public nuisance or emergency situ- ation exists, the nuisance abatement coordinator shall not be required to provide a courtesy notice of violation, but instead the city attorney may immediately prepare and serve a statement of violation and notice of hearing as provided below. (d) Should the owner or operator fail to contact the nuisance abatement coordinator, fail to com- mit to a course of action designed to abate the nuisance upon the property, or should there be any further incidents or occurrences which con- stitute a rrULJarrcu upon i,he property, a bearing shall be scheduled before the board. Such hearing shall be held no sooner than ten (10) days after the notice of hearing is sent to the owner of the place or premises at his or her last known ad- dress. The nuisance abatement coordinator or city attorney shall then prepare and serve upon the owner or operator, in accordance with this article, a statement of violation/notice of hearing provid- ing the following information: (1) A statement of the time, place and nature of the hearing; (2) A statement of the legal authority and jurisdiction under which the hearing is to be held; (3) A reference to the particular sections of the statutes and ordinances involved; and (4) A copy of the statement of violation, in- cluding all documentation in support thereof. (e) All notices under this article shall be hand - delivered by the police department where practi- cal or where not practical or impossible by certi- fied mail, return receipt requested, to the property owner of record at the address as it appears in the public records of the seminole county property appraiser's office. If the notice is returned for any Supp. No. 19 892 NUISANCES reason, then service shall be effected by mailing the notice through regular delivery to the address of the premises and by posting the notice in accordance with Chapter 162, Florida Statutes. Proof of service shall be by written declaration indicating the date, time, and manner in which service was made. (f) The city attorney may negotiate stipulated settlement agreements with a property owner to facilitate the abatement of a public nuisance. All stipulated agreements shall be reviewed and ap- proved by the nuisance abatement coordinator and the board prior to being effective. (g) At the hearing, the nuisance abatement coordinator and/or city attorney shall present evidence before the board on behalf of the city and has the burden to prove the existence of a public nuisance by substantial and competent evidence. The board may consider any evidence, regarding the activities alleged in the statement of violation and occurring about the place or premises, and the owner(s) of the place or premises shall have the opportunity to appear before the board, in person and/or through legal counsel, to present evidence in defense or in mitigation against the complaint, conduct cross-examination, submit re- buttal evidence, and make brief opening and/or closing statements. Irrelevant, immaterial or un- duly repetitive evidence shall be excluded. All testimony shall be taken under oath and shall be recorded. Any member of the board, or counsel to the board, may inquire of any witness testifying before the board. The board shall take testimony of such witnesses as may be called by the respec- tive sides. Formal rules of evidence shall not apply, but fundamental due process shall be ob- served and govern said proceedings. In addition to all other relevant evidence, the board may also consider testimony and evidence relating to the general reputation of the place or premises. The board may proceed with a hearing in absentia on the merits of an alleged public nuisance against any alleged violator of this article who has been properly noticed under this article and has failed to appear. Any findings or order entered by the board are valid and binding upon each such violator who has been properly noticed. The board in its discretion may continue a hear- ing to receive additional evidence, testimony, or for any other reason the board deems appropriate. (h) At the conclusion of the hearing, the board shall issue findings of fact based on evidence in the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted by Florida Statutes and by this article. The order shall generally be stated orally at the meeting and shall be reduced to writing and mailed to the alleged violator within ten (10) days after the hearing. (i) If the board declares a place or premises to be a public nuisance, it may enter an order immediately prohibiting: (1) The maintaining of the nuisance; (2) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or (3) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance. The board shall be authorized to take such other measures or to impose conditions that the board deems appropriate to abate a public nuisance, provided such conditions and measures are con- sistent with this article. (j) If the city proves the existence of a public nuisance or recurring public nuisance before the board, the city, as the prevailing party, shall be entitled to recover its reasonable attorneys' fees and costs associated with the investigation, hear- ing and prosecution on the public nuisance through all appellate proceedings, including the costs of recording any order, notice or agreement. (k) An order of the board shall expire not more than one (1) year or as otherwise designated in the order after entry of the order by the board. The order may include deadlines or other notice for requiring compliance by a certain date and that a fine may be imposed in accordance with this article. (Ord. No. 2003-33, § 2, 9-8-03) supp. No. 10 893 WINTl;n SPRINGS CODE Sec. 13-76. Penalties; fines; liens, recording. (a) Upon evidence of noncompliance of any board order, the city attorney or nuisance abate- ment coordinator shall request a hearing before the board. Upon evidence establishing that a noncompliance exists, the board shall enter an order imposing conditions and any other mea- sures to abate the public nuisance as provided by this article, including the imposition of a fine. (b) A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for a first occurrence of a public nuisance and shall not exceed five hundred dollars ($500.00) per day for a recurring public nuisance. However, total fines imposed in any action brought pursu- ant to this article shall not exceed fifteen thou- sand dollars ($15,000.00). In determining the amount of the fine, if any, the nuisance abatement board shall consider the following factors: (1) The gravity of the public nuisance; (2) Any actions taken by the owner to correct the public nuisance; and (3) Any previous nuisances maintained or permitted by the owner. (c) A certified copy of an order imposing a fine maybe recorded in the public records of Seminole County and thereafter shall constitute a lien against the land on which the public nuisance exists and upon any other real or personal prop- erty owned by the owner. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal prop- erty, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this article shall continue to accrue until the owner comes into compliance or until the judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. Alien arising from a fine imposed pursuant to this section runs in favor of the city, and the city may execute a satisfaction or release of a lien in the same manner as provided under section 2-61.5 of this Code, or may otherwise seek to foreclose on the lien. However, where the nuisance abatement action is based on a stolen property nuisance, and Supp. No. 19 is brought against a property owner operating an establishment where multiple tenants, on one (1) site, conduct their own retail business, the prop- erty owner shall not be subject to a lien against the owner's property or the prohibition of opera- tion provision if the property owner elects to evict the business declared to be a nuisance within ninety (90) days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. Any lien re- corded against real property may be foreclosed by the city and the owner of such real property shall be liable for all costs incurred by the city, includ- ing a reasonable attorney's fee through all appel- late proceedings, associated with the recording of all orders and foreclosure. (Ord. No. 2003-33, § 22 9-8-03) Sec. 13-77. Appeal. A party aggrieved by a final administrative order of the Nuisance Abatement Board shall have the right to appeal said order to a court of competent jurisdiction pursuant to the rules of procedure of the court. (Ord. No. 2003-33, § 2, 9-8-03) 894 [The next page is 931] Chapter 15 PLANNING= Article I. In General Secs. 15-1-15-25. Reserved. Article II. Comprehensive Plan Sec. 15-26. Adopted. Sec. 15-27. Compliance. Sec. 15-28. Reserved. Sec. 15-29. Distribution of copies. Article III. Comprehensive Plan Amendments Sec. 15-30. Authority, purpose and intent. Sec. 15-31. Initiation of amendments. Sec. 15-32. Application deadline. Sec. 15-33. Reserved. Sec. 15-34. Reserved. Sec. 15-35. Review procedure. Sec. 15-36. Review criteria. Sec. 15-37. Local planning agency review and recommendation. Sec. 15-38. City commission public hearing process. Sec. 15-39. Advertisement of public hearing. Sec. 15-40. Reserved. Sec. 15-41. Reserved. Sec. 15-42. Transmittal of adopted amendment to the state land planning agency. Sec. 1543. Effectiveness of the adopted amendment. *Cross references —Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; arboreal standards for the City of Winter Springs, Ch. 5; buildings and building regulations, Ch. 6; swimming pools, § 6-211 et seq.; fire prevention and protection, Ch. 7; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; zoning, Ch. 20. State law reference —Comprehensive planning, F.S. § 163.3171 et seq. Supp. No. I 985 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 19 986 PLANNING ARTICLE I. IN GENERAL Secs. 15-1-15-25. Reserved. ARTICLE II. COMPREHENSIVE PLAN* Sec. 15-26. Adopted. The Winter Springs Comprehensive Plan, which is officially on file in the city clerk's office and incorporated herein and made a part hereof by reference, is hereby adopted as the minimum requirements for land use in the city. Duplicate copies of the official copy maintained in the city clerk's office shall be maintained on the city's website and within appropriate city departments. (Code 1974, § 18-1; Ord. No. 2012-16, § 2, 11-19- 12) Sec. 15-27. Compliance. All development applications filed with the city shall be subject to the city's comprehensive plan and other applicable comprehensive planning laws. No public or private development shall be permit- ted except in conformity with the comprehensive pIan or elements or portions thereof. (Code 1974, § 18-2; Ord. No. 2012-16, § 2, 11-19- 12) Sec. 15-28. Reserved. Editor's note —Ord. No. 2012-16, § 2, adopted Nov. 19, 2012 repealed former § 15-28 in its entirety which pertained to compliance of the plan to laws and derived from the Code of 1974, § 18-3. Sec. 15-29. Distribution of copies. To the extent required by law, the city manager or designee thereof shall be responsible for trans- mitting the city's comprehensive plan and amend- ments thereof to the state land planning agency and other appropriate reviewing agencies. (Code 1974, § 18-4; Ord. No. 2012-16, § 2, 11-19- 12) *Cross references —Buildings and building regulations, Ch. 6; flood damage prevention, Ch. 8; land development, Ch. 9; motor vehicles and traffic, Ch. 12; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; zoning, Ch. 20. ARTICLE III. COMPREHENSIVE PLAN AMENDMENTS Sec. 15-30. Authority, purpose and intent. The city commission of Winter Springs shall have the sole authority to amend or supplement the comprehensive plan in accordance with the planning laws of the State of Florida. This article is enacted to establish the procedures for process- ing amendments to the city's comprehensive plan. This article is also intended to implement the relevant requirements of planning laws of the State of Florida. Said requirements shall govern in the case of any conflict between the provisions of this article. (Ord. No. 587, 7-10-95; Ord. No. 2012-16, § 2, 11-19-12) Sec. 15-31. Initiation of amendments. Any person (or duly authorized agent thereof) affected by the city's comprehensive plan may request consideration of an amendment to the comprehensive plan and shall submit the appro- priate information and supporting data and anal- ysis, to the city manager or designee thereof, on an application provided by the city, and pay a fee established by resolution or ordinance by the city commission from time to time. (Ord. No. 587, 7-10-95; Ord. No. 2012-16, § 2, 11-19-12) Sec. 15-32. Application deadline. Unless otherwise provided by law, there is not [a] set schedule for submitting comprehensive plan applications. However, to the extent deemed appropriate by the city manager to facilitate an orderly and thorough review of comprehensive plan applications, the city manager is hereby authorized to establish an administrative sched- ule for the city to receive and process comprehen- sive plan applications. If a schedule is estab- lished, comprehensive plan applications shall be required to meet the scheduling deadlines estab- lished by the city manager as if said schedules are set forth in this article. No provision of this article shall be construed in any manner to limit or Supp. No. 19 987 WINTER SPRINGS CODI; PI ohibit the city commission from initiating a comprehensive plan amendment at any time in accordance with law. (Ord. No. 587, 7-10-95; Ord. No. 2000-28, § 1, 114M2; Ord. No. 2012-16, § 2, 11-19-12) Sec. 15-33. Reserved. Editor's note —Ord. No. 2012-16, § 2, adopted Nov. 19, 2012, repealed former § 15-33 in its entirety which pertained to exemptions and derived from Ord. No. 587, 740-95; Ord. No. 2000-28, § 2, 11-13-00. Sec. 15-34. Reserved. Editor's note —Ord. No. 2000-28, § 2, adopted Nov. 13, 2000, repealed former section 15-34 in its entirety which pertained to small scale comprehensive Dian amendments and derived from Ord. No. 587, adopted July 10, 1995. Sec. 15-35. Review procedure. (a) Suf%iciency. After receipt of the application to amend the comprehensive plan, the city man- ager (or his designee) will examine the applica- tion for sufficiency, and if necessary, request that the applicant supply additional information which is deemed required by the city manager (or his designee). Each applicant shall be required to provide the necessary data and analysis in sup- port of the proposed amendment. (b) As soon as practical after the application is determined sufficient, the community develop- ment director shall schedule an application con- ference to discuss the proposed amendment with the applicant and the appropriate city staff. (c) Staff review. Once the application is deemed sufficient, and an application conference has been held, the staff shall conduct a more formal review of such application and shall prepare and send a written staff report with a recommendation to the city's local planning agency (LPA) to deny, ap- prove, or approve with modification (text only) the application. Said staff report shall be submitted to the LPA and each applicant no later than ten (10) business days prior to the LPA public hearing at which the proposed amendment(s) will be con- sidered. (d) Each amendment application shall be con- sidered separately, but will be analyzed with all other applications submitted in the scheduled time period for their cumulative effects. (e) This section shall not apply to administra- tive amendments initiated by the city. Adminis- trative amendments shall processed in a manner deemed in the city's best interests and in accor- dance with the requirements of law. (Ord. No. 587, 7-10-95; Ord. No. 201246, § 2, 11-1942; Ord. No. 201246, § 2, 11-1942) Sec. 15-36. Review criteria. The recommendation of the staff shall be based on the following minimum factors, if applicable: (1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city oi• the region; (2) Whether the proposed amendment will diminish or negatively impact the level of service (LOS) of public facilities; (3) Whether there will be a favorable or un- favorable impact on the environment or the natural or historical resources of the city or the region as a result of the pro- posed amendment; (4) Whether the proposed amendment is con- sistent with the goals, objectives, and policies of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Strategic Regional Policy Plan, as amended from time to time; (5) Whether the city is able to provide ade- quate service from public facilities to the affected property, if the proposed amend- ment is granted, and whether the pro- posed amendment will promote the cost/ effective use of or unduly burden public facilities; (6) Whether the proposed amendment is com- patible with surrounding neighborhoods and land use; Supp. No. 19 988 PLANNING (7) Whether approval of the proposed amend- ment will cause the comprehensive plan to be internally inconsistent; (8) Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The contents of any Evaluation and Ap- praisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes; (10) Whether the proposed amendment is con- sistent and in compliance with law; and (11) Whether the proposed amendment is con- sistent, and not in conflict, with the legis- lative policy directives established by the city commission including, but not limited to, those set forth in the city's comprehen- sive plan and city code, adopted master plans, economic development goals and objectives, community redevelopment plans, and brownfield areas. (Ord. No. 587, 7-10-95; Ord. No. 2012-16, § 2, 11-19-12) Sec. 15-37. Local planning agency review and recommendation. Prior to the city commission's consideration of the application, the LPA shall consider the appli- cation(s) at a public hearing, along with the staff review board's recommendation, and recommend that the city commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the local planning agency shall consider the same factors considered by the staff review board. The LPA shall hold at least one (1) public hearing prior to making its recommen- dation to the city commission. (Ord. No. 587, 7-10-95; Ord. No. 2012-16, § 2, 11-19-12) Sec. 15-38. City commission public hearing process. The city commission shall consider all proposed amendments in accordance with the public hear- ing procedures established by law and the city commission's rules and procedures. Upon consid- eration of an application and the related staff and LPA recommendations, the city commission shall conduct a public hearing(s) on the proposed amend- ment for the purpose of transmitting the proposed comprehensive plan amendment(s) to the state land planning agency and other reviewing agen- cies as required by law. The city commission may accept, reject, or accept with modifications, the city staff and LPA recommendations. (Ord. No. 587, 740-95; Ord. No. 2000-28, § 2, 11-13-00; Ord. No. 2012-16, § 2, 11-19-12) Sec. 15-39. Advertisement of public hear- ing. Public hearings shall be advertised pursuant to Florida Law. (Ord. No. 587, 7-10-95; Ord. No. 2000-28, § 2, 11-13-00; Ord. No. 2012-16, § 2, 11-19-12) Sec. 15-40. Reserved. Editor's note -Ord. No. 2012-16, § 2, adopted Nov. 19, 2012, repealed former § 15-40 in its entirety which pertained to comments by the Department of Community Affairs and derived from Ord. No. 587, adopted July 10, 1995, Sec. 15-41. Reserved. Sec. 15-42. Transmittal of adopted amend- ment to the state land planning agency. The city shall transmit the adopted comprehen- sive plan amendment to the state land planning agency and other reviewing agencies in accor- da nce with the requirements of law. (Ord. No. 587, 7-10-95; Ord. No. 2012-16, § 2, 11-19-12; Ord. No. 2012-16, § 2, 11-19-12) Sec. 1543. Effectiveness of the adopted amendment. The ordinance adopting the amendment to the Comprehensive Plan shall become effective as provided by Florida law. (Ord. No. 587, 7-10-95; Ord. No. 2000-28, § 2, 11-13-00; Ord. No. 2012-16, § 2, 11-1942) [The next page is 1041] Supp. No. 19 989 Chapter 16 SIGNS AND ADVERTISING* Article I. In General Secs. 16-1-16-25. Reserved. Article II. Distribution of Handbills and Periodicals Sec. 16-26. Findings of fact. Sec. 16-27. Distribution upon residential property prohibited without con- sent of owner. Sec. 16-28. Distribution on or in vehicles and public places prohibited. Sec. 16-29. Aiding and abetting prohibited. Sec. 16-30. Exemptions from article provisions. Sec. 16-31. Granting of variances. Secs. 16-32-16-50. Reserved. Article III. Signs Division 1. Generally Sec. 16-51. Definitions. Sec. 16-52. Purpose and intent. Sec. 16-53. Building permit required. Sec. 16-54. Applications; permit fees; review period; approval criteria; ap- peals. Sec. 16-55. Exemptions from permit requirements. Sec. 16-56. Nonconforming signs. Sec. 16-57. Prohibited signs. Sec. 16-58. Waiver. Sec. 16-59. Construction and maintenance standards. Sec. 16-60. Supplemental temporary sign requirements. Sec. 16-61. 911 emergency response system. Secs. 16-62-16-75. Reserved. Division 2. Standards Sec. 16-76. Generally. Sec. 16-77. Outdoor display/billboards-Off-premises signs prohibited. Sec. 16-78. Reserved. Sec. 16-79. Supplemental sign regulations. Sec. 16-80. Limitations on certain on -premises signs including attached to buildings. Sec. 16-81. Changeable copy signs; electronic message centers. Sec. 16-82. Special supplemental regulations for properties located on State Road 434. Secs. 16-83, 16-84. Reserved, Sec. 16-85. Bench signs. Sec. 16-86. Reserved. Sec. 16-87. Banners. Sec. 16-88. Weather. *Cross references -Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; arboreal standards of the City of Winter Springs, Ch. 5; buildings and building regulations, Ch. 6; fire prevention and protection, Ch. 7; land development, Ch. 9; licenses and business regulations, Ch. 10; sign standards for adult entertainment establishments, § 10-91 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; zoning, Ch. 20. Supp. No. 10 1041 IN Inn SPRINGS COD); Sec. 16-89. Enforcement. Sec. 16-90. Implied consent. Sec. 16-91. Viewpoint neutral. Sec. 16-92. Severability. Supp. No. 19 1042 SIGNS AND ADVERTISING ARTICLE III. SIGNS* DIVISION 1. GENERALLY Sec. 16-51. 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: Animated sign is any sign or part of a sign which is designed or intended to change physical position by any movement or rotation. Animated signs do not include digital signs or electronic message boards. Awning sign is a sign incorporated to or at- tached to an awning. Balloon display is any balloon anchored on private property for the purpose of advertise- ment. Banner is any strip of cloth, plastic or other flexible material on which a sign is printed, painted, or otherwise displayed. Bench sign is any sign which displays advertis- ing or which is intended for the display of adver- tising and when such benches are to be located on the public way or when such benches are to be located on private property but the advertising is intended to be viewed from the public way. Bus stop shelter sign is any sign located on any part of the surface of a bus stop shelter. Changeable copy sign is anon -electronic sign or portion thereof with characters, letters or illus- trations that can be changed or rearranged man- ually without altering the face of the sign. Copy is any combination of individual letters, numbers, symbols, depictions and the like, which are intended to inform, direct or otherwise trans- mit information. Copy area or sign area shall mean the entire area of the sign occupied by copy. Copy area or sign area is measured by enclosing by one contin- uous perimeter line the extreme limits of the sign *State law reference —Sign ordinances, P.S. §§ 166.0425, 479.155. which contains copy, including all ornamental attachments, insignias, symbols, logos, trade- marks, interconnecting links and the like, and any stripe, frame or border. Sign area does not include the main support structure of the sign unless it contains copy. The calculation for a double faced sign shall be the area of one (1) face only. The calculation for wall signs, if permitted hereunder, comprises individual letters, num- bers, symbols and the like, where the exterior wall of the building upon which it is affixed acts as the background of the sign, shall be calculated within the smallest regular geometric figure needed to encompass the sign display. Digital sign or electronic message center• is a sign without moving parts whose content may be changed by electronic process through the use of intermittent light or lights, including light emit- ting diodes, liquid crystal display. and plasma screen image display. Discontinued sign shall mean any sign located on property which has been vacant and unoccu- pied for a period of ninety (90) days or more; or any sign face which advertises a service no longer conducted or product no longer sold upon the premises where the sign is located. Freestanding sign is any mobile or portable sign or sign structure not securely attached to the ground or to any other structure. This definition shall not include trailer signs. Ground sign. A sign wholly independent of any building for support which is placed upon or permanently affixed in the ground. Hazardous sign is any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or which obstructs the visibility of any official traffic - control device or which diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to obstruct the vision of pedes- trians. The use of flashing, running, or revolving lights in any sign is prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited. Supp. No. 1s 1045 WINTER SPRINGS CODI; Height of sign or height shall mean the dis- tance between the top of a sign and the average finished grade elevation of the base of the sign. Illuminated sign is a sign whose light source is either located in the interior of the sign so that the light rays go through the face of the sign, or which is attached to or near the face of the sign and is perceived as a design element of the sign. Nonconforming sign is any sign which was lawfully existing in the city before the adoption of this article or amendments to this article or other applicable city code, that does not comply with the requirements of this article or amendments to this article or other applicable code. Obscene sign is any sign which is deemed obscene pursuant to the Florida and United States Constitutions. On -premises sign shall mean a sign (1) identi- ylllg an aCL3lrity cflildllC;tf:d of17Y"uUUf; L; of :; (;t"V1CL:� available on the premises where the sign is lo- cated, or (2) displaying a noncommercial message or (3) any combination of the two. For purposes of this definition, common areas within a duly orga- nized homeowner or condominium association shall be considered on -premises for each individual unit or lot within said association in recognition of any right the unit or lot owner has to use said areas under Florida law and the association's covenants and rules. Off -premises sign shall mean a sign identifying an activity which is not on the premises where the sign is located or products or services which are not available on the premises where the sign is located. Pole sign is a ground sign supported by poles, uprights, or braces, which are not concealed in an enclosed base, but are permanently placed on or in the ground and wholly independent of any building for support. Right -of --way is any land designated as city, county, state, or federal roadway and private roadways. Roof sign shall mean any sign erected or in- stalled upon a roof of any building or structure. Signs shall mean any surface, fabric, device, or display, whether illuminated or non -illuminated, which is used for visual communication and which is designed to identify, announce, direct or inform the public and can be seen off -site from the right-of-way or other properties (not on the site where the sign is located). The term sign does not include small decorative, temporary ornamental residential yard or lawn decorations, statuaries, signs and flags commonly inserted into the ground at a residence by step stakes in gardens, mulch beds and flower pots. Further, the term sign does not include ornamental decorations used for such purposes on commercial properties, provided said decorations are: W located on private property; not mechanically or electronically operated (wind movement acceptable); (iii) limited to a maximum number of two (2) per commercial property: and (iv) limited to a size of six (6) square feet in area per decoration. Snipe sign is any sign of any material whatso- ever that is attached in any way to a utility pole, tree or any object located or situated on a public road right-of-way, or any sign which is installed on property without the permission of the prop- erty owner. Spot or searchlight is any apparatus designed to project a beam of light for the purpose of advertisement during hours of darkness. Temporary sign shall mean a sign displayed before, during or after an event or occurrence scheduled at a specific time and place, or which is not designed or intended to be placed perma- nently inclusive for example, for rent signs, for sale signs, construction signs, real estate signs, management signs, social or special event signs. Zl•ailer sign is any sign mounted on a vehicle normally licensed by the state as a trailer and used for advertising or promotional purposes. (Code 1974, § 5-112; Ord. No. 675, 12-8-97; Ord, No. 2001-50, § 2, 10-22-01; Ord. No. 2003-36, § 4, 10-13-03; Ord. No. 200648, § 2, 10-23-06; Ord. No. 2009-03, § 2, 7-13-09; Ord. No. 2013-09, § 2, 9-9-13) Cross reference —Definitions and rules of construction generally, § 1-2. Supp. No. 19 1046 SIGNS AND ADVERTISING Sec. 16-52. Purpose and intent. (a) The purpose of this article is to regulate the number, size, type, use, design, construction and location of signs within the city. These regulations are established in order to promote the overall economic well-being of the city, while at the same time providing for the health, safety and welfare of the public by reducing the adverse effects of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the city. These regulations are intended to avoid excessive com- petition and clutter among sign displays in the demand for public attention, eliminate danger- ous, dilapidated and unsightly signs and provide for adequate maintenance and inspection of signs within the corporate limits of the city, consistent with constitutional guarantees and while provid- ing for adequate opportunities for effective means of communication. (b) For purposes of this article, any lawful sign may display a noncommercial message in addi- tion to, or in lieu of, any other message. All noncommercial speech shall be deemed to be on -premises. Nothing in this article shall be con- strued to regulate the content of the message displayed on any sign. (Code 1974, § 5-111; Ord. No. 200648, § 2, 10-23- 06) Sec. 16-53. Building permit required. No person shall erect, alter, repair, replace, or relocate within the city any sign, except as pro- vided in section 16-55, without first obtaining a building permit for such work. No permit shall be issued until the city determines that such work is in accordance with the requirements contained in this article, and such work will not violate the building, electrical, aesthetic or other codes of the city. A sticker, provided by the city showing the permit number and date of expiration of the permit, if any, shall be displayed on each permit- ted sign. (Code 1974, § 5418; Ord. No. 2006-18, § 2, 10-23- 06) Co 16-54. Applications; permit fees; review period; approval criteria; appeals. (a) All sign permit applications shall be filed on forms supplied by the city. The application shall contain the following information and docu- ments: (1) The name, address and telephone number of the property owner and applicant if different than owner. (2) The name, address, telephone number and state license number of the sign con- tractor/manufacturer and if applicable, the same information for the engineer and architect. (3) The street address upon which proposed sign is to be located. (4) The zoning of the property on which the sign is to be located. (5) The type of sign, square footage, height and location of all signs currently located on the premises. (6) The type of sign, square footage, design, sign area, height, location and fully di- mensioned elevation drawings of the sign or sign proposed to be erected on the premises. If the sign is to be electrically lighted, the electrical plans and specifica- tions for the sign. In addition, the name and address of the electrical contractor accompanied by the appropriate electrical permit application. (7) Written permission of the property owner to erect the proposed sign if the applicant is not the property owner. (8) A fully dimensioned site plan showing the lot frontage, building frontage or busi- ness, establishment or occupant frontage, parking areas and location of all existing and proposed signs. For ground signs and temporary signs, the site plan shall show the distance from the right-of-way and property lines, and street corner visibility calculations. (9) For temporary signs, over six (6) square feet on residential properties, or nine (9) square feet on commercial properties, Supp. No. 19 1047 WINTER SPRINGS CODE name, date and time associated with the event and a time fi•ame for the temporary sign to come down. (10) The type of construction, materials, sign supports, electrical details for the pro- posed sign. (11) Wind load calculations and footer details for the proposed sign as required by the city's adopted building code. (b) A permit fee schedule shall be established by resolution of the city commission. All sign permit applications shall be accompanied by the appropriate sign permit fee. (c) Upon receipt of a completed sign permit application and upon payment of the appropriate r 11 sigh peinni, iee by une appiicauu, the cAy shall conduct review of the application, the proposed sign and the premises. The city shall grant or deny the sign permit application within forty-five (45) days from the date the application and appli- cation fee were filed with the city, unless aesthetic review of the proposed sign is required under section 9-600 et seq., then sixty (60) days, or as provided in subsection (h) below. (d) If after review and payment of the permit fee required herein, the city determines that the application meets the requirements contained in the sign code and determines that the proposed sign will not violate any applicable building, elec- trical, aesthetic or other adopted codes of the city, the city shall issue the permit. (e) If, after review as required herein, the city determines that one or more reasons for denial exist, the permit application shall be denied and the city shall report in writing the denial and the reasons therefore to the applicant. The applica- tion shall be denied if one or more of the following reasons are found to exist: (1) The application does not comply with the requirements of this article; or (2) The application violates any applicable building, electrical, aesthetic or other ad- opted code of the city. (f) Any person denied a sign permit for a sign or an extension of existing sign permit may file a written appeal on the building department's de - on to the city commission within ten (10) calendar days after receipt of the written decision to deny the permit. The city commission shall hear and decide the appeal de novo within thirty (30) days of the filing of the appeal. The city commission's decision shall be considered final and may be appealed to a court of competent jurisdiction. (g) Sign permits shall expire one hundred and eighty (180) days after the date of issuance, unless the permitted sign is certified as complete by the city before the expiration of the one hun- dred eighty (180) days. The building department, or the city commission on appeal of a building department decision to deny an extension, may grant one reasonable extension for a period of P. not to eXcPP.d ninety (90) gays nnnn a g1)nlm- ing by the permittee of good cause. (h) Notwithstanding any contrary sign appli- cation requirements contained in this section, any Mon may request that a sign or signs be ap- proved as part of an overall proposed develop- ment plan for a particular land development project. In such cases, the person will be required to submit the plans and specifications of the sign(s) with the plans and specifications for the proposed land development project. The proposed sign(s) will be reviewed and approved in conjunc- tion with the site plan review, aesthetic review, and building permit review. (Code 1974, § 5-119; Ord. No. 2006-18, § 2, 10-23- 06; Ord. No. 2013-09, § 2, 9-9-13) Sec. 16-55. Exemptions from permit require- ments. (a) The following signs may be erected without a permit, subject, however, to all remaining re- quirements of these regulations: (1) Traffic control devices installed in accor- dance with applicable provisions of the City Code and the Traffic Control Manual published by the Florida Department of Transportation. (2) Decals affixed to and normally associated with signs painted on equipment, fuel pumps or other types of equipment, pro- vided such decals are affixed with the consent of the equipment owner. Supp. No. 19 1048 SIGNS AND ADVERTISING (3) Signs wholly within a building or enclosed (2) Freestanding signs; space, excluding window signs which are (3) Obscene signs; further regulated herein. (4) One sign or cornerstone per building, when cut into any masonry surface or when constructed of bronze or other incombus- tible materials and fully and permanently incorporated into the surface of the build- ing. (5) Window signs located on the inside of the building provided the size of the sign shall not exceed four (4) square feet of copy area and the total window copy area shall not exceed twenty (20) percent of the total window glass area for each side of the building or unit thereof. Further, the square footage of the window signs, when added to the total existing signage for the build- ing or unit thereof, does not cause the total signage copy area for the building or unit thereof to exceed the maximum total signage copy area allowed for the partic- ular building or unit thereof. (6) Temporary on -premises signs that do not exceed six (6) square feet, provided the signs meet the requirements of set forth in sections 16-59 and 16-60. (7) For 911 and emergency response pur- poses, signage identifying the address of the property, which shall be located in a place that is clearly visible from the right- of-way. (Code 1974, § 5-120; Ord. No. 2002-21, § 2, 7-8-02; Ord. No. 2006-18, § 2, 10-23-06; Ord. No. 2006-18, § 2, 10-23-06; Ord. No. 2009-03, § 2, 7-13-09) Sec. 16-56. Nonconforming signs. Unless otherwise provided in this article, non- conforming signs shall be subject to Chapter 9, Article XI, Nonconformities. (Code 1974, § 5-114; Ord. No. 2003-36, § 4, 10-13- 03; Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-57. Prohibited signs. The following signs are hereby prohibited: (1) Snipe signs and signs attached to trees; (4) Hazardous signs; (5) Animated signs or signs of a flashing, running or revolving nature; (6) Bus stop shelter signs, except those reguired by the city or the transit author- ity to designate the district location/ address of the shelter; (7) Any sign placed on public right -of --way that does not constitute a bona fide traffic control device installed for the safety of pedestrians and vehicles; (8) Balloon displays, except to the limited extent permitted in section 16-60; (9) Spot or search lights; (10) Trailer signs; (11) Off -premises signs, except temporary off - premises signs may be authorized by per- mit in accordance with the provisions set forth in section 16-60 of this article; (12) Unless otherwise expressly authorized by the City Code, signs with exposed neon tubing. The use of neon tubing to outline buildings, windows or doors shall be pro- hibited. However, window signs may uti- lize exposed neon tubing for the advertis- ing of products or services provided the size of the sign is less than or equal to four (4) square feet; (13) Backlit awning signs; (14) Discontinued signs; (15) Roof signs, except as permitted in the Town Center District Code; (16) Pole signs; (17) Signs attached to temporary structures; (18) Window signs not meeting the require- ments of section 16-55(a)(5), City Code; (19) Signs located or erected on an inoperable or unlicensed motor vehicle and visible from the right -of --way or adjacent prop- erty; Supp. No. 19 1049 WINTER SPRINGS CODE (20) Signs located or erected on a parked mo- tor vehicle which are intended primarily for display purposes and not regularly used for transportation purposes and which are visible from the right-of-way or adja- cent property; (21) Signs painted directly on any exterior wall unless located on property zoned commercial or industrial and such sign is approved by the city commission in accor- dance with the aesthetic review proce- dures set forth in section 9-600, et seq.; (22) Hazardous sign; and (23) Any sign not expressly authorized under the City Code. (Code 1974, § 5-11.5; Orel. No. 2001-09. & 1. 2-26- 01; Ord. No. 2001-50, § 2, 10-22-01; Ord, No. 2003-06, § 2, 12-8-03; Ord. No. 2006-18, § 2) 10-23-06; Ord. No. 2009-03, § 2, 7-13-09; Ord. No. 201145, § 2, 1-23-12; Ord. No. 2013-09, § 2, 9-9-13) Sec. 16-58. Waiver. Any property owner may request a waiver from the provisions of this article by submitting an application which specifies in detail each provi- sion of this article to which the property owner seeks a waiver. The waiver application shall be approved or denied in accordance with the crite- ria and procedures set forth in section 20-34, City Code. However, a waiver shall not be permitted from the provisions of sections 16-56 and 16-57. (Code 1974, § 5-117; Ord. No. 2006-18, § 2, 10-23- 06) Sec. 16-59. Construction and maintenance standards. (a) All signs shall be constructed and main- tained in accordance with the provisions and requirements of the city's building codes, electri- cal codes, and other applicable codes. (b) All copy area shall be maintained so as to be legible and complete. (c) All signs shall be maintained in a vertical position unless originally permitted otherwise, and in good and safe condition. (d) Damaged faces or structural members shall be promptly repaired. (e) Electrical systems, fasteners, and the sign and structure as a whole shall be maintained at all times in a safe condition. (f) Temporary signs shall be constructed of sturdy material such as wood, hard plastic, vinyl, masonite or particle board of sufficient thickness so as to withstand the weather elements com- monly experienced within the city. Cardboard and paper faced temporary signs are strictly prohib- ited unless it is safely fastened, in its entirety, to a backing made of material set forth in this section. (Ord. No. 2006-18, § 2, 10-23-06) Sec. It -till. Supplemental temporary sign re- quirements. (a) In addition to any other applicable provi- sion of this article and code, the following mini- mum standards shall apply to all temporary signs: (1) Temporary signs shall be removed within three (3) days after the date upon which the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has con- cluded). However, in cases where the tem- porary on -premises sign is advertising products or services for sale on the prop- erty, the temporary sign may only be erected during the time period when a person may actually purchase the prod- ucts or services on the property. In addi- tion, temporary off -premises signs shall be governed by the time limits set forth in subparagraph (7). (2) On property zoned residential or used for residential purposes, no temporary sign shall exceed six (6) square feet and the total number of temporary signs on any one residential property shall not exceed four (4). Temporary signs authorized by this section may be erected in one (1) or more designated common areas of the residential subdivision that is owned and maintained by a homeowners association provided such signs meet all applicable requirements of this section. The property owner is responsible for obtaining permis- Supp. No. 19 1050 SIGNS AND ADVERTISING sion from the homeowners association as (7) Temporary off -premises signs may be may be required by law and the associa- erected upon issuance of a permit by the tion's covenants and rules. city, provided the temporary off premises sign(s) meets the following conditions: (3) On property zoned other than residential a. The sign may only be erected on or used for non-residential purposes, no temporary sign shall exceed nine (9) square property during weekends and na- feet and the total number of temporary tional holidays between the hours of 8:30 a.m. and 5:30 p.m. signs on any one non-residential property shall not exceed thirty-six (36) square b. The sign may only be located within feet. However, on property with multiple one (1) mile of the activity, event or commercial tenants, each tenant may erect place being displayed or promoted one (1) temporary sign on or facing each on the sign, and the activity, event or street frontage adjacent to the property place so displayed or promoted on even if the total square footage of tempo- the sign shall be required to be lo- rary signage for the entire property ex- cated within the jurisdictional bound- ceeds thirty-six (36) square feet. aries of the city. (4) If the temporary sign ic. The owner of the property on which s a ground sign, the the sign will be erected has con - maximum height of any such sign shall be four (4) feet on property zoned or used for sented to the placement of the sign. residential purposes, or eight (8) feet on However, the property owner shall any non-residential property. not allow more than four (4) tempo- rary off -premises signs on any one (5) Such signs shall also meet the following property. minimum standards: (i) the sign must be d. The size, height, and placement of at least five (5) feet from any right-of-way; the sign shall comply with the re- (ii) the sign must be at least ten (10) feet quirements set forth in this section. from side and rear property lines; (iii) the sign shall not be illuminated. e. No sign shall be erected on or within any right-of-way. (6) Upon issuance of a building permit, areas f. Any permit issued for an individual under development pursuant to an exist- property under this subsection shall ing development order approved by the have a maximum duration of forty - city shall be permitted one (1) additional five (45) consecutive calendar days. non -illuminated temporary sign not to If the permit is for purposes of pro - exceed a sign area of sixteen (16) square moting a specific activity or event, feet and six (6) feet in height for a single there shall be a maximum one - family lot or thirty-two (32) square feet permit limit for each activity or event, and ten (10) feet for multi -family, commer- provided, however, there shall also cial, industrial, and institutional develop- be a two -permit limit per calendar ment projects. Signs permitted hereunder year for any particular place of busi- shall be permitted for one (1) year or until ness or residence. Special events the building permits for the area under which are sponsored or cosponsored development have expired or been re- by the city, county or school district, voked. All signs shall be removed when and which are intended to be open to the project has been completed, sus- the general public and community pended, or abandoned for at least three at -large using public facilities, shall (3) months. not be subject to the two -permit limit. Supp. No. 19 1051 WINTER SPRINGS CODE (b) Balloon displays. Notwithstanding any other provision of this Code, balloon displays may be permitted subject to the following: (1) Balloon displays may only be permitted for one (1) grand opening period not to exceed forty-five (45) calendar days. (2) Balloon displays shall not exceed twenty- five (25) feet in height above the roof to which it is attached. If the balloon display is not attached to a roof, it shall not exceed twenty-five (25) feet in height above ground level. (3) Balloon displays comprised of tethered balloons shall not exceed one hundred (100) feet in height above ground level. At the discretion of the community develop- ment director, this height allocation may be reduced or the balloon permit applica- tion may be denied if site conditions such as trees, aerial utility lines, adjacent road- ways, or other circulllstallces warrant, 111 order to ensure the safety and welfare of the public. Tethered balloon displays shall not be displayed between dusk and dawn each day or on excessively windy days where the wind causes the display to be offset more than thirty (30) degrees from vertical. (4) Balloon displays secured by a cable, cord or rope may have small pennants at- tached thereto for visibility purposes, but shall not contain additional advertising. (Ord. No. 2006-18, § 2, 10-23-06; Ord. No. 2009- 03, § 2, 7-13-09; Ord. No. 2011-15, § 2, 1-23-12) Sec. 16-61. 911 emergency response system. For 911 and emergency response purposes, the primary address of the building shall be displayed on the property, shall be visible from the public or private street, and shall comply with the require- ments of the Florida Building Code. For commer- cial and industrial buildings, the address or range of addresses shall be incorporated into the signage permitted for the property with numerals/letters a minimum of eight (8) inches in height, but the address shall not be counted against allowable copy area. In addition to the address being posted on a single family residential mailbox or single family dwelling, a sign not to exceed three (3) square feet may be posted on the dwelling at the main entrance or in the yard, provided the sign is visible from the public or private street. The address shall not be counted against allowable copy area. (Ord. No. 2006-18, § 2, 10-23-06; Ord. No. 2013- 09, § 21 9-9-13) Secs. 16-62-16-75. Reserved. DIVISION 2. STANDARDS* Sec. 16-76. Generally. All signs shall be maintained in original condi- tion and maintained in accordance with any per- mitted condition. No sign shall be placed in a city -controlled right-of-way with the exception of authorized traffic control devices. Any sign erected 013 private property that ov.ceed. Ldi (6) ugaarc feet in area on residential properties, or nine (9) square feet in area on commercial properties, requires the payment of a fee to and a permit from the building department, and shall display an official city sticker showing the permit date and any expiration thereof. No sign shall obstruct the sight of any roadway or driveway intersection or approach between two (2) feet and five (5) feet from ground level. (Code 1974, § 5-113(a); Ord. No. 2006-18, § 2, 10-23-06; Ord. No. 2013-09, § 2, 9-9-13) Sec. 16-77. Outdoor display/billboards—Off- premises signs prohibited. (a) Otherthan as provided within this section, off -premises signs al•e strictly prohibited within the City of Winter Springs. (b) Notwithstanding anything in the City of Winter Springs Code of Ordinances to the con- tl ary, from and after the effective date of Ord. No. 2001-50 [Oct. 22, 20011, the total number of outdoor off -premises signs located in the incorpo- rated areas of the city shall be limited as hereaf- ter specified. *Cross reference —Buildings and building regulations, Ch. 6. Supp. No. 19 1052 SIGNS AND ADVERTISING (c) The initial limitation on outdoor off -prem- ises signs are the five (5) outdoor off -premises sign structures (hereinafter referred to as "Exist- ing Structure(s)") currently existing in the incor- porated areas of the city (the "Existing Struc- tures"). An inventory of these existing structures dated October 22, 2001, is filed in the community development department and is incorporated herein by this reference. (d) The limit stated in subsection (c) above may only be increased by the number of lawfully existing off -premise sign structures within unin- corporated areas of Seminole County which are annexed by the City of Winter Springs. Contem- poraneously with annexation the city shall con- duct a survey of all existing off -premise sign structures within the annexed portions of unin- corporated Seminole County. The inventory of existing structures, on file with the community development department, shall be amended by resolution of the city commission to include the addition of legally existing off -premise sign struc- tures. (e) The limit stated in subsection (c) above, as may be amended by subsection (d), shall be cor- respondingly reduced upon the occurrence of any of the following: (1) An existing structure is removed incident to a road widening or other public works project; and (2) An existing structure is removed incident to the development or redevelopment of the property upon which the existing struc- ture is located; or (3) An existing structure is removed incident to the expiration of the lease or other agreement authorizing placement of the existing structure on the property. (4) An existing structure which is noncon- forming due to zoning is removed due to destruction, damage or other casualty which results in destruction of fifty (50) percent or more of the support structure for or of fifty (50) percent or more of the face of the sign. A (5) n existing structure is removed or dis- mantled by fifty (50) percent or more of the support structure or fifty (50) percent or more of the face of the sign. (6) By the terms and conditions of a develop- ment agreement with the city, except that any development agreement after the ef- fective date of this section shall not allow the removal of an existing structure later than the time that would otherwise be provided by this section. Any existing struc- ture subject to a development agreement with the city prior to the effective date to this section shall be exempt from the provisions of this subsection (e) and shall be removed in accordance with the terms of the development agreement. (f) At any point in time the then current limit on the number of outdoor off -premises signs lo- cated in the incorporated areas of the city shall be the initial limit specified in subsection (c) and as amended by subsection (d) above less the total number of existing structures which have been removed as specified in subsection (e) above. (g) In addition to the limitation specified above, there is hereby imposed a limitation upon the number, size and orientation of the sign faces located upon the existing structures. From and after the effective date of Ord. No. 2001-50 [Oct. 22, 20011, the number of sign faces on an existing structure may not be increased, either by adding an additional face oriented in a different direction or by changing the display mechanism to permit the display of multiple signs on a single sign face. From and after the effective date of this Ord. No. 2001-50, no sign face on an existing structure may be increased in size and the orientation of each sign face located upon an existing structure may not be changed. (h) Except for an existing structure which is non -conforming (which cannot be replaced), an existing structure damaged or destroyed by flood, fire, earthquake, war, riot, act of God or other similar casualty loss may be reconstructed in the same location with the same (or smaller or fewer, as the case may be) size and number of sign faces. An existing structure may not be relocated to another location. Supp. No. 19 1053 WINTER SPRINGS CODE (i) Except as specifically authorized by permit issued by the State of Florida Department of Transportation or as required by specific state statute, no trees or vegetation shall be removed or trimmed from the property upon which an out- door off -premises sign is located or from property adjacent thereto in order to enhance the visibility of the outdoor off -premises sign. (j) In connection with any off -premise signs which are erected or constructed in violation of the provisions of this section, each day that said sign remains erected in violation of this section shall constitute a separate violation and each person responsible for erecting or constructing such off -premise sign, including but not limited to the real property owner, shall pay the city a penalty of five bundred dollars (0)00 00) ner dny until the off -premise sign is removed. (Code 1974, § 5-113(b); Ord. No. 2001-50, § 2, 10-22-01; Ord. No. 200648, § 2, 10-23-06) Sec. 16-78. Reserved. Editor's note —Ord. No. 2013-09, § 2, adopted Sept. 9, 2013, repealed former § 16-78 in its entirety which pertained to on -premises signs and derived from the Code of 1974, § 5-113(c); Ord. No. 2006-18, § 2, 10-23-06. Sec. 16-79. Supplemental sign r egulations. All signs shall also comply with other applica- ble supplemental sign regulations including, but not limited to, the S.R. 434 Corridor Regulations, Town Center District Code, and Minimum Com- munity Appearance and Aesthetic Review Stan- dards set forth in section 9-600 et seq. (Ord. No. 200648, § 2, 10-23-06) Sec. 16-80. Limitations on certain on -prem- ises signs including attached to buildings. Unless more restrictive limitations are ex- pressly provided elsewhere in the City Code: (a) Any sign attached to a building shall have a total allowable copy area of one and one-half (1.5) square foot for each lineal foot of store frontage. A sign which is setback more than one hundred (100) feet fiom the right-of-way shall have a total allowable copy area of two (2) square feet for each lineal foot of store frontage. A second wall sign may be permitted for buildings located on a corner lot, or for buildings located on an out -parcel that has frontage adjacent to an internal road- way. (b) Any sign not attached to a building shall be placed not less than twenty-five (25) feet from any intersection, with a maxi- mum copy area of thirty-two (32) square feet on each side. Double -sided or " V" signs are permissible provided they are constructed with an inner angle not to exceed thirty (30) degrees. The maximum height of a sign shall not exceed twelve (12) feet unless otherwise expressly pro- w idcd ai tlaiu ut'tit.i�.. (Ord. No. 2013-09, § 2, 9-9-13) Sec. 16-81. Changeable copy signs; electronic All changeable copy signs and electronic mes- sage centers shall be as follows: (a) The sign cabinet shall be constructed of all aluminum extrusion or better as ap- proved by city staff taking into consider- ation compatibility with the affected prop- erty and the surrounding area and applicable sound building standards. (b) Changeable copy signs and electronic mes- sage centers may be incorporated into permitted signs and shall be included as part of the permitted sign area as de- scribed below: (1) With the exception of billboards which are regulated by other provisions of the City Code, changeable copy signs shall not comprise more than twenty- five (25) percent of the permitted sign area and electronic message cen- ters shall not comprise more than fifty (50) percent of the permitted sign area. (2) Electronic message centers shall dis- play static images only. Such static images shall hold the display face for Supp. No. 19 1054 SIGNS AND ADVERTISING a minimum of eight (8) seconds be- cludes all properties lying within the corporate fore transitioning to another static limits of the City of Winter Springs adjacent to image. the S.R. 434 right -of --way (inclusive of the entire (3) Transitions from one static image to parcel adjacent thereto) from U.S. 17/92 to the the next shall appear within three easternmost boundary of the City of Winter Springs (3) seconds and shall not have the with the exception of properties within the Town appearance of flashing, flickering, Center District, which are subject to other sign blinking, pulsating animation or vid- regulations set forth in the City Code. eos. Dissolving from one static image to the next within the three (3) sec- (1) Ground mounted multi -tenant sign: For and transition period shall not con- each multi -tenant development under sep- stitute animation for purposes of this agate ownership, one (1) wide -based mon- article. ument style, permanent sign with land- scaped base identifying the name of the (4) All electronic message centers shall development and businesses within the come equipped with functioning au- development shall be permitted. The top tomatic dimming technology which of the sign cannot exceed one hundred automatically adjusts, at all times twenty (120) percent of the width of the while the electronic message center sign base. For developments with five is operating, the sign's brightness in hundred (500) feet of frontage or more on direct correlation with ambient light a major road, one (1) additional sign may conditions. be permitted. The minimum separation (5) No electronic message center shall for all signs on an individual ownership exceed a brightness level of six thou- parcel shall be two hundred (200) feet sand (6,000) NITs (NITs are the stan- and: dard measure of brightness for elec- a. Shall only be reserved for the ten- tronic signs and devices) during ants' on -premises use. daytime use or five hundred (500) NITs during nighttime use and to b. Shall be located no closer than ten account for adverse weather condi- (10) feet from font, side, or rear tions that reduce the amount of sun- property lines. light. c. Shall have a maximum of two (2) (6) Upon issuance of a building permit faces. for an electronic message center, the applicant shall sign an affidavit of d. Shall be consistent in design, format acknowledgement provided by the and materials with the architecture community development department of the proposed building(s). on a form prepared by the city attor- neywhich requires the owner and/or e. The sign shall not be higher than user of the sign to acknowledge the twelve (12) feet above the closest display requirements set forth in the driveway or vehicular use area. City Code and the penalties for fail- f. Signs shall be in an enclosed base. ure to abide by these requirements. The width of the base shall not ex - (Ord. No. 2013-09, § 2, 9-9-13) ceed one hundred twenty (120) per - Sec. M82. Special supplemental regulations cent of the width of the sign base. Landscaping shall be incorporated for properties located on State around the base to include low grow - Road 434. ing shrubs and ground cover and/or The following design standards shall apply to annuals to promote color. The land - the State Road 434 Overlay District which in- scaping shall be maintained at all Supp. No. 19 1055 § 16-04 WINTER SPRINGS CODE times in livable form and in a fash ion not to obstruct the views of the sign face. g. Signs shall be in accordance with the following size and height schedule: Building Size Maximum Copy (Gross Floor Area) Area Maximum Height Under 75,000 64 square feet 12 feet square feet 75,000-250,000 96 square feet 14 feet square feet Over 250,000 128 square feet 16 feet square feet h. Multi -tenant centers are permitted additional signs for anchor tenants according to the following schedule: Ba�ilding Size (Gross Floor Anchor• Tenant Additional Area) Sign Under 75,000 square feet 2 of 12 square feet 75,000-250,000 square feet 3 of 12 square feet Over 250,000 square feet 4 of 12 square feet An anchor tenant is defined as the major d. Sign copy area shall not exceed sixty - retail store(s) in a center that is/are in four (64) square feet per face. For excess of one hundred (100) font feet and parcels in excess of four (4.0) acres, a minimum area of ten thousand (10,000) the project identification sign face square feet. may be increased to ninety-six (96) (2) Ground mounted single -tenant sign: One square feet. (1) wide -based monument style, perma- e. Shall be consistent in design, format nent sign shall be permitted per single- and materials with the architecture tenant parcel. One (1) additional perma- of the proposed building. nent wide -based monument style sign may f. The sign shall not be more than be permitted for parcels in excess of one twelve (12) feet in height above the (1) acre with more than one (1) ingress/ closest driveway or vehicular use egress serving more than one (1) building. area. The minimum separation for all signs on an individual ownership parcel shall be g• Signs shall be in an enclosed base two hundred (200) feet. that is no more than one hundred twenty (120) percent of the width of a. Shall only be reserved for the ten- the bases. Landscaping shall be in- ant's on premises use, corporated around the base to in- b. Shall be located no closer than ten clude low growing shrubs and ground (10) feet from the front, side or rear cover and/or annuals to promote color. property lines. (3) Building mounted tenant identification sign c. Shall not exceed two (2) faces. (wall signs) for buildings with separate Supp. No. 19 1056 SIGNS AND ADVERTISING § 16-8a exterior tenant entrances: In addition to b. The maximum width from top to the ground mounted identification sign, bottom of any flag shall be twenty tenant signs shall be permitted on the (20) percent of the total distance of exterior walls of the building at a location the flag pole. near the principal tenant entrance, and be consistent with the following criteria: c. Flagpoles shall maintain the same setback requirements tenant monu- a. Shall be limited to one (1) sign per ment signs. tenant for on -premises use. A tenant occupying a corner unit or an out- d. Flagpole heights shall be between parcel unit may be permitted to have twenty (20) and thirty-five (35) feet in height above grade. a second wall sign. b. The sign(s) shall be clearly inte- (6) Nonconforming signs. grated with the architecture of the a. Any sign, other than billboards, which building, and shall be consistent in became nonconforming when Ordi- design, format, and materials with nance No. 675 was adopted and es - the architecture of the proposed build- tablishing the city's S.R. 434 land ing. development regulations were (and c. The sign(s) shall not either project shall remain) required to be amor- above any roof or exceed a height of tized by November 14, 2002. fourteen (14) feet. b. At or prior to November 14, 2002, all d. Wall signs shall display only one (1) signs which became nonconforming surface and shall not be mounted signs pursuant to Ordinances No. more than twelve (12) inches from 675 and 683 shall be removed and any wall. may be replaced with signs that con- form to the design standards set e. When more than one (1) tenant sign forth in this section, is used on one (1) building, all tenant signage shall be consistent in size, c. Violations shall be subject to Chap - materials, and placement. ter 2, Article 3, Division 2, Code f. Building mounted tenant signs shall Enforcement, City of Winter Springs Code of Ordinances. have a total allowable copy area of (Ord. No. 675, 12-8-97; Ord. No. 200047, § 1, one and one-half (1.5) square feet for 6-12-00; Ord. No. 2003-06, § 3, 12-8-03; Ord. No. each lineal foot of store frontage. 200648, § 3, 10-23-06; Ord. No. 2013-09, § 3, Signs set back more than one hun- 9-9-13) dred (100) feet from the right-of-way Note —Formerly numbered as § 20-470. shall have a total allowable copy area of two (2) feet for each lineal foot of store frontage. Secs. 16-83, 16-84. Reserved. (4) Backlit signs: Backlighting of signs shall Editor's note —Ord. No. 2006-18, § 2, adopted Oct. 23, be permitted, provided that Should neon 2006, repealed former §§ 16-83-16-84 in their entirety. These former sections derived from the Code of 1974 and respectively lighting be utilized the neon tubing shall pertained to political signs, construction signs, real estate not be exposed. signs, garage sale signs and directional signs. (5) Permanent flags: The following standards shall apply to permanent flags: Sec. 16-85. Bench signs. A franchise agreement between the city and the applicant shall be required before bench signs Supp. No. 19 1057 WINTER SPRINGS CODE are permitted to be installed. Bench signs are permitted subject to the terms and conditions of such franchise agreement. (Code 1974, § 5-1130)) Sec. 16-86. Reserved. Editor's note —Ord. No. 2006-18, § 2, adopted Oct. 23, 2006, repealed former § 16-86 in its entirety which pertained to identification signs and derived from the Code of 1974, Sec. 16-87. Banners. (a) Nonresidential property. One (1) banner sign per building facade, with a maximum of two (2) on -premises banner signs per business may be erected on commercial, industrial, or multi -family zoned property provided that the banner(s) do not exceed sixty-four (64) square feet and are not erected for more than forty-five (45) calendar days during any one calendar quarter. In addition, forty -five-day periods may occur consecutively ovor two (2) gla<^rtc r,^ pr ovi;l.cd the applicant re- news the permit prior to the expiration of each forty -five-day period. For bona fide grand open- ings of a new business, the new business shall be permitted to have one (1) additional banner for a maximum period of time of forty-five (45) calen- dar days. A maximum of three (3) flags may be erected in lieu of banners authorized by this section, provided each flag shall not exceed thirty- five (35) square feet in area and twelve (12) feet in height. For non -grand opening signs, the city manager is authorized to issue a banner permit for an additional time period exceeding the forty- five -day limitation if the applicant demonstrates, in writing, good cause or a hardship related to legitimate business needs and goals. (b) Residential property. A maximum of one (1) on -premises banner sign may be erected on prop- erty zoned residential provided the banner does not exceed twenty-four (24) square feet and is not erected for more than three (3) calendar days during any one (1) calendar year. (c) Town center. With respect to property zoned town center, the size and time requirements set forth in this section shall be determined based on whether the property is being used or permitted for commercial, multi -family, or residential pur- poses, with vacant, un-permitted property within the town center being treated as commercial. All banner signs shall be securely fastened to a structure in a manner to withstand weather ele- ments commonly experienced by the city. (Code 1974, § 5-113(1); Ord. No. 2006-18, § 2, 10-23-06; Ord. No. 2009-03, § 2, 7-13-09; Ord. No. 2011-15, § 2, 1-2342) Sec. 16-88. Weather. All nonpermanent signs shall be moved to a secure location upon a warning of high winds or hurricane by the National Weather Service. (Code 1974, § 5416) Sec. 16-89. Enforcement. (u) p^,..ou�u,l Of Slgi .. �i'iVuti, signs vu NuuiiC property or public rights -of --way may be removed by the city or its agents without notice to the sign owner. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the building official or the building official designee, the owner thereof, or person maintaining the sign, shall, upon receipt of written notification from the build - official or code enforcement officer, immedi- ately secure the sign, cause it to be placed in good repair or remove the sign. (c) Removal of illegally erected signs. The owner, owner's agent, or person in control of any property where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the code enforce- ment officer or building official that a sign is illuminated in violation of this chapter, the owner, owner's agent, or person in control of the prem- ises, shall immediately terminate the prohibited illumination of such sign. (e) Emergencies. In the case of emergency sit- th uations, e city manager or the city manager's designee is hereby authorized to take such steps that may be necessary to secure or remove signage that poses a threat to the public health, safety, and welfare. (Ord. No. 200648, § 2, 10-23-06; Ord. No. 2013- 09, § 2, 9-943) Supp, No. 10 1058 SIGNS AND ADVERTISING Sec. 16490. Implied consent. Any person applying for, and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the following: (1) Consents to complying with all provisions of this Code: and (2) Consents for city officials to come on vate property to inspect all signage and to remove illegally erected signs upon rea- sonable advanced notice by the city. (Ord. No. 2006-18, § 2, IO- M6) Sec. 16-91. Viewpoint neutral. Notwithstanding anything in this chapter or code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure. (Ord. No. 200648, § 2110-2M6) Sec. 16-92. Severability. (a) General If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or any other supple- mental sign regulation set forth in section 16-79 is declared unconstitutional by the valid judg- ment or decree of any court of competent jurisdic- tion, the declaration of such unconstitutionality shall not affect any other part, section, subsec- tion, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or any other supplemental sign regulation. (b) Severability where less speech results. With- out diminishing or limiting in any way the decla- ration of severability set forth above in subsection (a), or elsewhere in this article or any other supplemental sign regulation set forth in section 16-79, this article or any supplemental sign reg- ulation, or any adopting ordinance thereof, if any part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of this article or supplemental sign regulation is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or supplemental sign regulation, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. (c) Severability of provisions pertaining to pro- hibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this article or other supplemental sign regulation set forth in section 16-79, or any adopting ordinance thereof, if any part, section, subsection, para- graph, subparagraph, sentence, phrase, clause, term, or word of this article or any supplemental sign regulation or any other law is declared un- constitutional by the valid judgment or decree of any court of competent jurisdiction, the declara- tion of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or supplemental sign regula- tion that pertains to prohibited signs, including specifically those signs and sign -types prohibited and not allowed under section 16-57 of this arti- cle. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 16-57 is declared uncon- stitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of section 16-57. (d) Severability of prohibition on off=premises signs. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, supplemental sign regulation set forth in section 1649 and/or any other Code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the decla- ration of such unconstitutionality shall not affect the prohibition on off -premises signs as contained in this article and Code. (Ord. No. 2006-18, § 2, 10-2M6) (The next page is 1101] Supp. No. 19 1059 ZONING Sec. 20-338. Utility lines. Sec. 20-339. Cross -access easements. Sec. 20-340. Building and screening design guidelines. Sec. 20-341. Developer's agreement. Secs. 20-342-20-344. 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. 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 Intent and purpose of district. Sec. 20-351. 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. S ec. 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. 'I]•ailers in residential areas. Sec. 20-412. 'I�•ailer 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 districts. Sec. 20-420. Secondary metals recyclers and similar non -hazardous recyclers. Sec. 30-421. Pill mills. Secs. 20-422-20-430. 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. Supp. No. 19 1309 WINTER SPRINGS CODE 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, 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.}i.. 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 to new development overlay zoning district. Sec. 20-464. Building height. Sec. 20-465. Setbacks. Sec. 20-466. Land coverage. Sec. 20-467. Off-street parking and driveway requirements. Sec. 20-468. Landscaping. Sec. 20-469. Buffers and walls. 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. General Design Standards for Redevelopment Area Sec. 20-480. Applicability to redevelopment overlay zoning district. Sec. 20-481. Building height. Sec. 20-482. Setbacks. Sec. 20-483. Off-street parking and driveway requirements. Sec. 20484. Landscaping. Sec. 20-485. Buffers and walls. Sec. 20-486. Reserved. Sec. 20-487. Utility lines. Sec. 20488. Corridor access management. Sec. 20-489. Building and screening design guidelines. Supp. No. 19 1310 ZONING Sec. 20-490. Development agreement. Sec. 20-491. Reserved. Secs. 20-492-20-500. Reserved. Division 4. Reserved Supp. No. 19 1310.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 19 13102 ZONING (23) Cultural institutions (such as museums, etc.); (24) Dance and music studios; (25) Day nurseries, kindergartens and day care; (26) Drug and sundry stores; (27) Employment agencies; (28) Financial institutions, banks, savings and loan; (29) Floor coverings; (30) Florist and gift shops (including outdoor display and sales); (31) Formal wear rentals; (32) Furniture, retail, new and used; (33) Grocers, retail; those whose business in- clude and are limited to the retail sale of groceries including produce, meats and household goods but shall not include the sale of gasoline; (34) Gun shop; (35) Hair and beauty salons (including nail salons); (36) Hardware stores; (37) Health and exercise clubs and athletic training facilities; (38) Health food; (39) Hobby and craft shops; fabric stores; (40) Hospitals, and nursing homes; (41) Hypnotists; (42) Ice, retail (43) Insurance; (44) Interior decorating and draperies; (45) Jewelry stores; (46) Launderettes and laundromats; (47) Libraries; (48) Loan companies; (49) Locksmiths; (50) Luggage shops; § 20-232 (51) Medical and dental clinics and laborato- ries; (52) Micro -breweries and micro -wineries; (53) Nurseries, plants, trees, etc., retail (in- cluding 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) Schools, public, private and parochial, ser- vice vocational schools (such as cosmetol- ogy, medical and dental assistant's train- ing) requiring no mechanical equipment; (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; Supp. No. 19 1331 § 20-232 WINTER SPRINGS CODI; (81) Public recreational facilities. Sec. 20-236. Overlay district regulations. (b) Outdoor display and/or sales are prohibited except by conditional use. (Ord. No. 44, § 44.47, 1-8-68; Ord. No. 264, § 1, 7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No. 2002-07, § 4, 7-8-02; Ord. No. 2004-28, § 2, 7-12- 04; Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2006-19, § 2, 1143-06) 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. (1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bo`*sling alleys and �imilrie�;Mlilding 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- setvice gasoline sales; (5) Multiple -family residential with a maxi- mum allowable density no greater than that al- lowed under a medium density residential future land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage; (6) Mortuaries and funeral homes. 5-26-81; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2006-19, § 2, 11-13-06; Ord. No. 2013-08, § 2, 8-12-13) Sec. 20-235. Building height regulations. In C-1 Neighborhood Commercial Districts, the building height shall not exceed fifty (50) feet. (Ord. No. 44, Overlay district regulations may apply. (Ord. No. 44, § 44.50, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-237. Bulk regulations. (1) Minimum front setback: Twenty-five (25) ft. (2) Minimum rear and side setback: Fifteen (15) ft. (3) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 44, § 44.51, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-C38. lJ�i�-street parking regulations. Section 9-276 et seq. as to off-street parking regulations in C-1 Neighborhood Commercial Dis- tricts 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 residen- tial developments and derived from Ord. No. 710, § II, adopted Jan. 11, 1999. Secs. 20-240-20-250. Reserved. DIVISION 8. C-2 GENERAL COMMERCIAL DISTRICT Sec. 20-251. In general. The lands of the C-2 General Commercial trict 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 interrup- tion of traffic along adjacent thoroughfares, pro- mote aesthetic and architectural harmony, attrac- tiveness, and compatibility within the community, and abide by the performance and development standards of the city, county, state and U.S. gov- Supp. No. 10 1332 ZONING § 20-252 ernment. This district is intended for lands adja- (21) Lumber and building supplies in an en - cent to or easily serviced by collector and major closed building or structure; arterial roads adaptable to higher traffic generat- (22) Mobile home sales; ing general commercial uses. (Ord. No. 44, § 44.53, 1-8-68; Ord. No. 2002-07, (23) Movers; § 3, 7-8-02) (24) Nurseries, plants, trees; wholesale; Sec. 20-252. Uses permitted. (25) Home and general commercial Pest con- trol (exterminating) of a nonindustrial Within C-2 General Commercial District, no nature; building, structure, land or water shall be used except for one (1) or more of the following uses: (26) Printers, commercial; (1) Any permitted use allowed in C4 Neigh- (27) Public and government services; borhood Commercial Districts; (28) Recreational vehicles; (2) Automotive sales; (29) Swimming pool contractors, equipment (3) Automotive renting and leasing; storage; (4) Automotive tires; (30) Taxicabs; (5) Baker, wholesale; (31) Wholesale meat and produce distributors. (6) Boat sales; (32) Automotive/boat/manufactured home mi- nor service and minor repair establish- (7) Building and plumbing supplies; ments (including filling stations, repair (8) Bus terminal; garages and similar non -intense uses), provided that all activity shall be con- (9) Cold storage and frozen food lockers; ducted within a completely enclosed build- (10) Convenience markets and stores; ing and there is no outdoor storage of any kind; (11) Cultural institutions (such as museums (33) Radio and television studios and offices. and art galleries; (12) Feed stores; (34) Outdoor storage facility specifically de- signed for the parking and storage of (13) Offices, professional and business; vehicles, equipment, goods and materials, (14) Gas, bottled; provided said storage occurs on real prop- erty located adjacent to a state collector (15) Grocers, wholesale; road and within and adjacent to an elec- (16) Ice, wholesale; tric transmission line right-of-way/ease- ment, and railroad track right-of-way/ (17) Industrial trade, professional and voca- easement. Said facility shall be subject to tional schools, not involving operations of the supplemental regulations set forth in an industrial nature; section 20-256. (18) Full -service gas stations, as an accessory (35) A single warehouse building not to exceed use to a convenience store and satisfying twenty-seven thousand (27,000) square any distance requirement established by feet and twenty-five (25) feet in height, City Code; provided the warehouse building is lo- (19) Veterinarian and accessory kennels; cated adjacent to a functional railroad line and used in conjunction, in whole or (20) Laboratories for testing materials and in part, with the storage of products that chemical analysis of a nonindustrial na- are unloaded from railroad lines for whole- ture; sale or retail sale. No outdoor storage of Supp. No. 19 1333 § 20-252 WINTER SPRINGS CODI products and materials shall be permitted unless expressly authorized by City Code. Said warehouse shall be subject to the supplemental regulations set forth in sec- tion 20-256. (36) Mortuaries and funeral homes. (Ord. No. 44, § 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, 8-12-13) Sec. 20-253. Building height regulations. No building or structure shall exceed fifty (50) feet in height. (Ord. No. 44, § 44.55, 1-8-68; Ord. No. 2004-28, § 2, 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 ma- jor service and major repair establishments (in- cluding body repairs and painting and similar heavy type uses); (3) Car wash; (4) Halfway houses, group homes, and similar uses; (5) Multiple -family residential with a maxi- mum allowable density no greater than that al- lowed under a Medium Density Residential fu- ture land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage; (6) Small-scale cabinet makers, furniture as- sembly, and woodworking shops (not to exceed 2,500 sq. ft.); (7) Small-scale clothing manufacturing (not to exceed 2,500 sq. ft.); (Ord. No. 2002-07, § 3, 7-8-02; Ord, No. 2004-28, § 2, 7-12-04; Ord. No. 2013-08, § 2, 842-13) Co 20-255. Bulk regulations. (1) Minimum front setback: Twenty-five (25) ft. ft (3) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-256. Supplemental outdoor storage and warehousing requirements. In addition to other applicable provisions of the City Code and other requirements imposed by the city in accordance with the city's development review nrncass (inclnrlinv site nlan rnviPpcT) onan storage uses under this division shall also be subject to the following requirements: (1) Outdoor storage shall be screened from streets by a ten (10) foot decorative ma- sonry wall with any gates being opaque. Any automobile, boat, boat trailer, water- craft, motor home, travel trailer, equine trailer, recreational vehicle, and other ve- hicle and equipment, materials and goods stored under this division shall not be visible from any public collector road. In order to prevent visibility from public streets, the following minimum standards shall apply: (i) no vehicle, equipment, goods, or materials in excess of ten (10) feet in height shall be stored along or adjacent to the ten (10) foot decorative masonry wall; and (ii) no vehicle, equip- ment, goods or materials shall be stored on the real property in excess of thirteen and one-half (131/2) feet in height. (2) The following vehicles and equipment may be stored on the property; a. Any vehicle permitted within a res- idential zoning category as more spe- cifically provided in section 20-434. b. No more than twelve (12) spaces shall be allowed for over the road type semi tractors and/or tractor trail- ers designed with fifty wheel attach- ment components, loaded or un- Supp. No. 10 1334 ZONING § 20-256 loaded, attached together or iced. Without limiting the aforementioned unattached, in any of the twelve (12) prohibition, the storage of the following spaces. No more than one (1) at- vehicles are expressly prohibited: tached or unattached over the road a. More than twelve (12) over the road semi tractor/trailer unit shall be al- semi tractor/trailer units as described lowed in any one (1) space. in subsection 2.b. c. Boats, boat trailers, water craft, res- identialvehicles, motor homes, travel b. Any vehicle that exceeds thirteen trailers and equine trailers. and one-half (131/2) feet in height, inclusive of any equipment, vehicles, d. Take home "on call" repair and ser- cargo, or materials stored on top of vice vehicles that are operated by the vehicle. persons off duty, but in an "on call" work status for responding to emer- c. Any vehicle requiring a special per- gencies. mit from the Florida Department of Transportation. e. Vintage, classic or other vehicles which are awaiting or undergoing d. Any wrecked vehicles, vehicles being restoration provided that the resto- stripped for parts, or vehicles await - ration work is not performed on the ing salvage or recycling. property, the vehicle is fully in tact, e. Any vehicle functionally inoperable and the vehicle is not stored for a other than vehicles in the process of period of more than one (1) year. being restored as provided herein. f. Service vehicles and equipment which f. Except as provided herein, heavy are necessary for the operation and construction vehicles and equipment maintenance of the uses expressly including, but not limited to, dump authorized on the property by City trucks, motor graders, bulldozers, Code. front end loaders, cranes, derricks, g. Construction vehicles and equip- and other earth and material exca- ment stored on a trailer, provided vating, hauling, grading, and lifting the construction vehicle and equip- equipment over twenty-six (26,000) ment do not violate the express pro- pounds of gross weight. hibitions in subsection (3). g. More than six (6) dump truck/trailer h. No more than six (6) spaces shall be units as described in subsection 2.h. allowed for dump trucks and dump truck trailer units designed with spin- (4) Bulk storage of flammable/hazardous ma- dle hitch type attachment compo- terials shall be prohibited. nents, loaded or unloaded, attached (5) Warehouse buildings used in conjunction together or unattached, in any of the with the use authorized under section six (6) spaces. No more than one (1) 20-252(34) may be constructed up to the attached or unattached unit shall be railroad right-of-way boundary provided allowed in any one (1) space. said construction is permitted by the rail- i. Unlimited dual wheel single axle road company. truck/trailer units not exceeding twenty-six thousand (26,000) gross (6) On -site light, minor maintenance and vehicle weight (G.V.W.). cleaning of any vehicle permitted by this division is allowed. However, the follow- (3) Unless otherwise expressly authorized in ing shall be strictly prohibited: refueling, subsection (2), the storage of all other oil and engine fluid changes, major resto- vehicles and equipment shall be prohib- ration, part salvage, major part replace- Supp. No. 19 1335 (7) WINTER SPRINGS CODE ment, engine repair, transmission repair, body repair, and other heavy and major repairs. Indoor and outdoor storage facilities for vehicles permitted under this division shall be open to the general public for a space rental fee. Storage of junk is strictly prohibited. Vehicles permitted under this division shall not be used as living quarters. Not more than a total of five (5) cargo or shipping containers shall be stored at any one time on the property. Cargo transfer operations are strictly pro- hibited except to transfer goods and ma- terials to and from a warehouse building u utiivi'i•'.�d uiidii' ti."i u v'iiivi. (12) Trucking terminal operations are strictly prohibited except to transfer goods and materials to and from a warehouse build- ing authorized under this division. (13) Twenty -four-hour security personnel and/or security equipment shall be provided to provide reasonable protection of buildings located, and vehicles, equipment, goods and materials stored, on the property. (14) The property shall not be used for fleet parking of commercial vehicles nor shall the property be used as a centralized parking facility or staging area for con- struction vehicles and equipment. (15) Parking surfaces on the property shall be improved to meet City paving and drain- age codes. However, R.A.P parking im- provements shall be permitted in storage areas provided that the main drive aisles are paved with asphalt or concrete. (Ord. No. 2008-10, § 2, 8-11-08) Sec. 20-257. Reserved. DIVISION 8.5. I-1 LIGHT INDUSTRIAL DISTRICT* Sec. 20-258. In general. The provisions of this district are intended to apply to lands and structures, by their use and Editor's note —Ord. No. 2002-07, § 1, adopted July 8, 2002, added a new zoning district designated as Div. 12, location, which are especially adapted to the busi- ness of wholesale distribution, storage and light manufacturing and to authorized land uses and activities which could cause adverse secondary effects and influences on residential areas and nonindustrial uses. Such lands are located in close proximity to principal thoroughfares and adequately separated (or buffered or both) from residential uses. The purpose of this district is to encourage and develop exceptionally clean, non - objectionable industrial uses and to allow a place for other uses and activities which could cause adverse secondary effects and influences on sur- rounding neighborhoods if located elsewhere. It is also the intent of this district to protect adjacent parcels fi•om encroachment of smoke, fumes, vi- bration, noise or odors of any objectionable nature and to promote aesthetic and architectural har- mony, and attractiveness within the community. All uses allowed hereunder shall abide by the performance and development standards of the city; county, state, and U.S. govornm^nt. Areas of the city for which this zoning category may be appropriate are designated on the future land use map as "industrial." (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-259. Uses permitted. Within the I-1 Light Industrial Zoning District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Any permitted use listed in section 20- It " 345.1 of the Commerce CenterDistrict; (2) Any permitted use listed in Section 20- 346.1 of the 11C-3 Highway 17-92 Commer- cial District" for properties with frontage along U.S. 17-92; (3) Adult entertainment and sexually ori- ented businesses; (4) Boat building and storage yards; (5) Cabinet makers, furniture assembly and woodworking shops; (6) Laundry and dry cleaning; 320-20-262. In order to avoid conflicts in the number- ing of provisions, the editor has redesignated the provisions added by § 1 of Ord. No. 2002-07 as Div. 8.5, as herein set out. Supp. No. 10 1336 ZONING (7) Machinery sales and storage; processing facility or collection center, haz- ardous or special waste facility, or any (8) Outside storage of contractor's equipment similar type use. and supplies; public storage of tagged vehicles, boats, RVs and commercial vehi- (11) Pain management clinics are clinics that cles; fleet and dispatch yards; bulk stor- are registered with the state pursuant to age; and other kinds of storage yards of section 458.3265 or section 459.0137, Flor- non-flammable/non-hazardous materials ida Statutes, provided said clinic complies associated with manufacturing (See sec- with all of following locational restric- tion 20-263 below.); tions: (9) Showrooms. a. Shall not be co -located on the same (10) Secondary metal recyclers, recovered ma - property as a pharmacy. terials recyclers, and similar recyclers of b. Shall not be operated within one other non -hazardous recyclable materi- thousand (1,000) feet of any pre- als; provided, however, the site containing existing pharmacy, school, day care the recycling facility satisfies each of the center, or residential unit unless a following conditions: variance is granted pursuant to sec- a. The site must have and maintain in tion 20-32 of the City Code. good standing a valid certificate of This subsection shall not be construed as registration or license from the State authorizing a "pill mill" which is prohib- of Florida, and must comply with ited by section 20-420, City Code. any applicable local, state, and fed- (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, eral regulations. § 2, 742-04; Ord. No. 2010-03, § 2, 44240; Ord. b. The site must accept local individual No. 2012-09, § 3, 7-23-12) customers who desire to recycle re- cyclable materials during normal Sec. 20-260. Building height regulations. business hours and in accordance No building or structure shall exceed fifty (50) with law. feet. c. The site must be comprised of not (Ord. No. 2002-07, § 2, 7-8-02) less than ten (10) acres and not more than twenty (20) acres. Sec. 20-261. Conditional uses. d. The site must have railroad frontage for the transport of recyclable mate- rials. e. The site shall not be located within one thousand (1,000) feet of another recycling facility. £ The site shall not front any arterial or collector roadway. g. The site shall not directly abut a residential zoning district or any prop- erty used for residential purposes. This subsection (10) shall not be con- strued to authorize an automobile grave- yard, junkyard, solid waste management or disposal facility, landfill, waste tire (1) Body piercing and tattoo shops; (2) Building floor area greater than 50,000 sq. (3) Halfway houses, group homes and similar uses; (4) Kennels, pet and animal rescue operations, animal boarding houses, and similar animal facil- s or operations; (5) Light manufacturing, processing, and as- sembly not listed under section 20-345.1(1); (6) Trucking terminals; (7) Welding shops; Supp. No. 19 1336.1 WINTER SPRINGS CODE (8) Automotive major service and major repair establishments (including body repairs and paint- ing 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. (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2005-13, § 2, 5-23-05) Sec. 20-262. Bulk regulations. (1) Minimum floor area: Nine hundred (900) sq. ft.; Maximum floor area: Fifty thousand (50,000) sq. ft. unless permitted by conditional use. (2) Minimum lot size: Seven thousand five hundred (7,500) sq. ft. ft (4) Minimum lot depth: One hundred (100) ft. (5) Minimum front setback: Twenty-five (25) (6) Minimum rear setback: Fifteen (15) ft. (7) Minimum side interior setback: Five (5) ft.; side corner lot: Fifteen (15) ft. (8) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-263. Enclosed buildings and outside storage. All uses shall be maintained within an en- closed permanent building with any outside stor- age screened from streets by a masonry wall with any gates being opaque. The wall shall be a minimum of eight (8) feet in height, and a maxi- mum of ten (10) feet in height, measured from applicable natural or finished grade. Walls may be constructed along the perimeter of the prop- erty provided the wall shall not be constructed closer than ten (10) feet from the front property line or on corner lots, the wall shall not be constructed closer than ten (10) feet to the front and side property line adjacent to the street. Further, all walls shall be required to comply with section 6-191. (Ord. No. 2008-13, § 2, 8-25-08) Secs. 20-264-20-265. Reserved. DIVISION 9. R-U RURAL URBAN DWELLING DISTRICTS Sec. 20-266. In general. The lands included within the R-U Rural Ur- ban Dwelling Districts are those developed or used predominantly for agricultural purposes and government or public service facilities with single- family dwellings as the primary residential use. The sites are intended to be those which would normally have large tracts of land adjacent or contiguous to residential locations. (Ord. No. 44, § 44.56, 1-8-68) Sec. 20-267. Uses permitted. Within any R-U Rural Urban Dwelling trict, no building, structure, land or water shall be used eyeent for one 0.) or more of the folloEving uses: (1) Forests, groves, farms and truck garden- ing, including usual farm building struc- tures and livestock; (2) Nurseries and greenhouses; (3) Public recreation areas and facilities; (4) Private clubs, including golf courses and recreational uses; except skeet and gun clubs or commercial amusement enter- prises operated entirely for private profit; (5) Public schools and private educational institutions having a curriculum the same as ordinarily given in public schools. Other schools not having a curriculum may be operated, provided a permit therefor is first obtained from the city commission; (6) Home occupations; (7) Single-family dwellings, but a building permit for such dwelling shall not be issued until there shall be filed with the building official, a certificate signed by the plumbing inspector, attesting that the lot upon which the dwelling structure is to be erected, has a satisfactory minimum stan- dard of improvements; Supp. No. 19 1336.2 ZONING (8) Accessory buildings and uses customarily incident to the above uses not involving the conduct of a business; (9) Commercial riding stables and commer- cial dog kennels, when located on a tract of land of not less than five (5) acres and provided that no structure, pen or corral housing animals shall be closer than two hundred (200) feet from any property line; (10) Roadside stands offering for sale only prod- ucts which are produced on the premises, provided such structure is set back at least thirty-five (35) feet from the front or sideline of the property. (Ord. No. 44, § 44.57, 1-8-68; Ord. No. 2010-09, § 2, 4-26-10) Sec. 20-268. Conditional uses. There shall be no conditional use within R-U Rural Urban Dwelling Districts except the follow- ing: (1) Churches with their attendant educa- tional buildings and recreational facili- ties; (2) Public utilities and public service struc- tures; Supp. No. 19 1336.2.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 19 1336.2.2 ZONING architecturally compatible and consistent with the adjacent building and other site details and must meet building setbacks. (i) Exterior lighting shall be a cut-off light source to protect adjacent properties from glare. All exterior lighting shall be consistent and com- patible throughout the project. (j) Buildings with multiple storefront entries are encouraged to incorporate overhangs in the design of front facades as appropriate to promote pedestrian activity. (k) Backflow preventers and other above ground valves shall be screened so they are not visible from the street right-of-way using either landscap- ing or an opaque building material and shall be subject to buffer setback requirements. (1) Drive-thru pick up windows shall not be permitted on the front or sides of a building fronting on S.R. 434. (Ord. No. 725, 8-23-99) Sec. 20-341. Developer's agreement. Any developer may propose to enter into a developer's agreement with the city designed to set forth terms and conditions appropriate to meet the circumstances of the specific proposed development. Such development agreement shall be reviewed and approved by the city commission. The city commission may vary the standards of this division, including building or perimeter set- backs, parking standards, signage, and other stan- dards. If an increase in building height beyond fifty-five (55) feet is requested, the city commis- sion must find the fire department capabilities are adequate to address the change. Such consid- eration shall be based on building site constraints or physical characteristics of the property; pro- vided specifically, however, that any such conces- sions for a constrained site shall only be consid- ered by the city commission in a development agreement if enhanced perimeter landscaping or buffering is provided to assure that the objectives of this division are achieved. (Ord. No. 725, 8-23-99) Secs. 20-342-20-344. Reserved. § 20-345.1 DIVISION 14. CC COMMERCE CENTER ZONING DISTRICT Sec. 20-345. In general. The provisions of this district are intended to apply to lands suitable for a wide variety of small scale (less than seven thousand five hundred (7,500) square feet) commercial and light indus- trial tenants in divided warehouses which serve the needs of the community without generating excessive traffic from clientele and suppliers of materials. The purpose of this district is to en- courage and develop industry of an exceptionally an, non -objectionable type and permit the nor- mal operation of land uses listed hereunder under such conditions of operation that will protect any abutting residential and other noncommercial uses, minimize the interruption of traffic along adjacent thoroughfares, and 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. Areas of the city for which this zoning category is appropriate are designated on the future land use map as "industrial." (Ord. No. 2004-02, § 2, 2-9-04; Ord. No. 2011-06, § 2, 6-27-11; Ord. No. 2013-08, § 2, 8-1243) Sec. 20-345.1. Uses permitted. Within the CC Commerce Center Zoning trict, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Light manufacturing, processing, and/or assembly; wholesale sales and distribu- tion o£ a. Audio books; b. Bakery products; c. Bottling plants; d. Brooms and brushes; e. Candy and confectionery products; £ Ceramics and pottery; g. Cosmetics and toiletries; h. Customized cabinetry, furniture, or other specialty woodworking shop; Supp. No. 19 1345 § 20-345.1 WINTER SPRINGS CODE i. Dairy products; (5) Offices and studios including: j. Dental labs; a. Advertising and marketing; k. Electrical machinery and equipment; b. Artists, such as painters, sculptors, 1. Electronic equipment; software de- and craftmakers; velopment; c. Auctioneers; m. Floral arrangements; d. Consultants; n. Garments, textile products includ- e. Contractors; ing draperies; f. Graphic arts, design; o. Glass and glass products; g. Mail order addressing; p. Jewelry; h. Musicians; q. Optical equipment; i. Photography; r. Material or product packaging; j. Radio and television; s. Medical supplies (with limited rental); k. Real estate brokers; t. rerturne; 1. Telephone sales solicitors; u. Pharmaceutical products; m. Utility management services; v. Photographic equipment and sup- n. Vehicle brokers or agents; plies; o4 vviiolesaie sales and distribution; and w. Plastic products, except pyroxylin; p. Wrecker and towing service. x. Precision instruments and machin- (6) Packing and shipping services. ery; y. Promotional products; (7) Paint stores. z Recreational equipment; (8) Printing, bookbinding, engraving, and pub- aa. Screen printing; lishing plants. (9) Public and governmental services and fa- bb. Soap products and candles; cilities. cc. Shoes and leather goods (except (10) Record management, data processing ser- leather processing); vices, data storage facilities. dd. Signs; (11) Research, development, and laboratory ee. Silverware and utensils; facilities. ff. Specialty foods; (12) Testing of materials, equipment, and prod- gg. Specialty merchandise; ucts. hh. Species and spice packaging; (13) Technical and trade instruction. ii. Stationery; (14) Vehicle repair (does not include body work jj. Toys; or painting). kk. Vehicle accessories and parts; (15) Vehicle upholstery. 11. Window coverings; (16) Window tinting. (2) Catering. (3) Equipment service and installation. (4) Landscaping services. (17) Warehousing and storage in enclosed build- ings or structures (including cold storage and frozen food lockers). (18) Wholesale sales and distribution. Supp. No. 19 1346 ZONING (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, § 2, 8-12-13) Sec 20-345.2. Building height restrictions. No building or structure shall exceed thirty- five (35) feet. (Ord. No. 2004-02, § 27 2-9-04) Sec. 20-345.3. Conditional uses. (1) Light manufacturing, processing, and as- sembly not listed above. (2) Health and exercise clubs and instruction which generate traffic from clientele. (3) Laundry and dry cleaning (with non-flam- mable solvents only). (4) Outside storage if screened from streets and adjacent properties by a masonry wall with an opaque gate. (Ord. No. 2004-02, § 2, 2-9-04; Ord. No. 2011-06, § 2, 6-2741) Sec. 20-345.4. Bulk regulations. (1) All uses shall be maintained within an enclosed permanent building with no outside stor- age, 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, 6-27-11) Supp. No. 19 § 2, 2-9-04; rNo. 2011-06 Od. , § 20-346.1 DIVISION 15. C-3 HIGHWAY 17-92 COMMERCIAL DISTRICT Sec. 20-346. In general. The lands of the "C-3 Highway 17-92 Commer- cial" District are particularly oriented to a wide variety of commercial and professional office uses which may generate excessive traffic from clien- tele or capture large volumes of traffic from adja- cent 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 abut- ting residential and other noncommercial uses, and promote aesthetic and architectural har- mony, 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. 1347 Within "C-3 Highway 17-92 Commercial" trict, no building, structure, land or water shall be used except for one (1) or more of the 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, min- iature golf courses, billiard halls, children's play centers, bowling alleys and similar uses); (3) Automotive/boat/manufactured home mi- nor service and minor repair establish- ments (including filling stations, repair garages and similar non -intense uses), provided that all activity shall be con- ducted within a completely enclosed build- ing and there is no outdoor storage of any kind; § 20-346.1 WINTER SPRINGS CODE (4) Automotive and vehicular retail sales; (27) Radio and television studios and offices; rental and leasing; (28) Recreational vehicles sales and service; (5) Baker, retail and wholesale (including cof- fee roasting); (29) Research development and service facili- ties; (6) Big box retail; (7) Boat sales; (8) Bus terminal; (9) Car wash; (10) Cold storage and frozen food lockers; (11) Contractors (provided that all activity and storage shall be conducted within a com- pletely enclosed building and there is no outdoor storage of any kind); (ill C(1rVP1l1PrpQ markMt� anti ctnrrwo anr7 pelf 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 accessory use to a convenience store and satisfying any distance requirement established by City Code; (18) Indoor public storage; (19) Industrial trade, professional and voca- tional schools, not involving operations of an industrial nature; (20) Laboratories for testing materials and chemical analysis of a non -industrial na- ture; (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; (30) Retail commercial and commercial outlets not exceeding 50,000 sq. ft.; (31) Showrooms; (32) Theaters, not drive-ins. (Ord. No. 2004-28, § 3, 742-04) 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/boatlmanufactured home ma- jor c,ervice Rrld m^jol• repair e tabu hment» (in - ding body repairs and painting and similar heavy type uses) provided that all activity shall be conducted within a completely enclosed build- ing 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) Multiple -family residential with a maxi- mum allowable density no greater than that al- lowed under a High Density Residential future land use designation and with at least two (2) parking spaces for each unit provided; (6) Outside storage if screened from streets and adjacent properties by an eight -foot masom•y wall with any gates being opaque; (7) Pawn shops; (8) Retail commercial and commercial outlets exceeding fifty thousand Supp. No. 1s 1348 ZONING (9) Seasonal or temporary outdoor display and/or sales (such as Christmas tree lots, etc.). (Ord. No. 2004-28, § 3, 742-04) § 20-346.3 Supp. No. 19 1348.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 19 1348.2 ZONING (d) This section shall not apply to any pending gasoline station application which is "vested" as provided by law, or any gasoline station lawfully existing and operating at the effective date of this section. However, if any such gasoline station shall discontinue or abandon its operations, for at least ninety (90) consecutive days at a property, then this section shall apply to said property. (Ord. No. 2001-13, § 2, 7-23-01) Editor's note —Ord. No. 2001-13, adopted July 23, 2001, added provisons designated as section 20-417. In order to avoid conflicts in section numbering, the editor has redesig- nated the provisions of Ord. No. 2001-13 as section 20-418. Sec. 20-419. Limitations on residential den- sities. (a) This section is intended to be supplemen- tal, and in addition to, any other provision of the City Code relative to establishing the residential density of all development projects within the city. It is also the intent of this section to grant the city commission the maximum authority to estab- lish residential densities on a project -by -project basis under the criteria and standards set forth in this section. In the event of any conflict between the residential densities established by this sec- tion and any other applicable provision of the City Code, the lowest residential density shall apply. (b) In cases where applicable zoning district classification of a property does not provide a specific residential density cap or establishes a maximum residential cap, the residential density for a specific development project shall be estab- lished by the city commission on a project -by - project basis pursuant to the following standards and criteria: (1) The proposed residential density shall be consistent with the city's comprehensive plan. (2) The proposed residential density shall be compatible and in harmony with the sur- rounding existing and planned uses. (3) Adequate programmed city services exist to accommodate the proposed residential density including, but not limited to, wa- ter, sewer, refuse, solid waste, parks and recreation, and police and fire protection. (4) The proposed residential density shall leave ample green and open space on the sub- ject property in order to avoid overcrowd- ing and congestion of residents, to provide sufficient on -site recreational and leisure amenities, and to provide an aesthetically pleasing and livable development project. (5) The proposed residential density shall not be contrary to any adopted economic de- velopment objective of the city. (c) Any residential density established by the city commission under this section for a particu- lar property shall become the maximum residen- tial density allowed for that property, subject to possible further reduction in density due to site plan, final engineering, and conservation require- ments and constraints. (Ord. No. 2006-03, § 21 5-22-06) Sec. 20-420. Secondary metals recyclers and similar non -hazardous recyclers. Secondary metals recyclers and similar recy- clers of other non -hazardous recyclable materials shall be subject to the following: (1) Purchase transactions shall only be per- III ittedbetween the hours of 7:00 a.m. and 7:00 p.m. every day. (Ord. No. 2012-07, § 2, 2-27-12) Sec. 20-421. Pill mills. Pill mills are strictly prohibited. For purposes of this section, a pill mill is any doctor's office, clinic, or health care facility that routinely col- ludes in prescribing and dispensing of controlled substances in violation of federal law or Florida Statutes and regulations, or any pain manage- ment clinic, whatever its title, including but not limited to a "wellness center," "urgent care facil- ity," or "detox center," that fails to register with the State of Florida as required by section 458.3265 or section 459.0137, Florida Statutes. (Ord. No. 2012-09, § 4, 7-23-12) Editor's note —Ord. No. 2012, § 4, adopted July 23, 2012, added provisions numbered as § 20-420. In order to avoid conflicts in section numbering the editor has redesignated these added provisions as § 20-421. Secs. 20422-20430. Reserved. Supp. No. 10 1357 § V. 03 WINTER SPRINGS CODE DIVISION 2. MOTOR VEHICLES Sec. 20-431. Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts. In order to protect and promote the public health, safety and welfare, and among other pur- poses, to provide light, safety from fire, safety from other damages and to protect property own- ers from certain general nuisances associated with the unregulated parking, storage or mainte- nance of certain vehicles, the parking, storage or maintenance of certain vehicles as herein speci- fied in the areas herein specified are prohibited except as herein provided: (1) Prohibitions: a. Except as provided in section 20-434 below, no person owning, renting or leasing real property in a residential zoned district shall cause or allow to be parked on any residential prop- erty a commercial vehicle as defined in section 20-432. b. Mn person owning, renting, leasing or otherwise being in control of the use of any lot, parcel or piece of real property located in a residentially zoned district or living thereupon shall cause or allow any vehicles as enumerated in (1)a. above to be parked, stored or maintained upon such property. c. No recreational vehicles shall be oc- cupied as temporary living quarters while such recreational vehicle is parked or stored within a residen- tially zoned district in the city. No recreational vehicle parked or stored in the city shall have its wheels removed except for repair or mainte- nance. d. No recreational vehicle shall be parked in such a way that it shall obstruct the view of traffic or impede the vision of vehicular traffic. e. No more than one (1) recreational vehicle shall be parked on an own- er's property at any one (1) time. £ No recreational vehicle in excess of twenty-eight (28) feet in length in overall measurements shall be parked or stored in a residentially zoned district without a permit issued by the city commission and renewed annually by such commission. In the case of a truck camper, the length measurement will include truck and camper. g. No boat trailer, with or without a boat thereon, may be parked on prop- Prty in residential distrirtsy tinlog0 such boat trailer does not exceed twenty-three (23) feet in overall length, is in a state of good repair, is being maintained in a neat and or- derly condition and is owned by the owner of the property upon which it is parked. h. It shall be a violation of this chapter to park any vehicle enumerated in (1)a. above or to park any recre- ational vehicle within the right-of- way of any city street, alley, lane, way, drive or other thoroughfare over- night. (2) Exceptions. The parking, storage or main- tenance of certain vehicles will be permit- ted in residentially zoned districts as ex- ceptions to (1)a. through (1)h. above as follows: a. Recreational vehicles may be occu- pied during parking or storage if a permit has been issued in accor- dance with section 20412. b. A combination of boat trailer with boat and a recreational vehicle is permissible as an exception to (1)e, above. c. Any person owning, renting, leasing or otherwise being in control of the Supp. No. 19 1358 ZONING § 20-431 use of any lot, parcel or piece of real property located in a residentially zoned district and contiguous to the [The next page is 1367] Supp. No. 19 1359 ZONING ing. A home occupation or home office is w. Retail commercial operations; not permitted within an accessory dwell- x. Sexually oriented businesses; ing unit. (4) There shall be no exterior advertising of y Vehicle sales or rental; the home occupation on the outside of the z. Tattoo parlors; dwelling unit or permitted accessory build- ing. aa. Health care providers; or (5) There shall be no exterior storage or dis- bb. Pain management clinics, as defined play on the premises of material or equip- by section 458.3265 or section ment used as a part of the home occupa- 459.0137, Florida Statutes. tion or home office. Commercial vehicles shall be regulated pursuant to section cc. Any other use or activity similar in 20-431 et seq. of the City Code. nature or purpose to those listed herein and any other use or activity (6) The following uses shall not be considered inconsistent with the requirements a home occupation or home office: of this Code. a. Adult entertainment establishments; (7) No person other than inhabitants resid- b. Antique shops; ing on the premises of the dwelling unit c. Art studio for group instruction; shall be engaged on the premises of the d. Auto service and repair; home occupation or home office. e. Mechanical service and repair; (8) No traffic/parking shall be generated by f. Barber and cosmetology services; the home occupation or home office in greater volumes than would normally be g. Band or music instruction for groups; expected in accordance with industry traf- h. Bed and breakfast facilities; fic and parking standards for a residential i. Clubs, private; unit located in a residential neighbor- hood. j. Drive-in facilities; k. Eating and drinking establishments; (9) No dangerous, toxic or hazardous mate- rial shall be used or stored on the prem- 1. Escort services; ises in connection with the home occupa- m. Food processing and handling, com- tion or home office, except, however, this mercial; provision shall not be construed as pro- hibiting a person from using or storing n. Fortune tellers; products that are normally used or stored o. Funeral homes; at a residence for purely domestic or house- p. Group instruction for more than two hold purposes such as cleaning, lawn fer- (2) people; tilizer and pest control products. q. Health spas; (10) No equipment or process used in the home r. Hospitals and clinics; occupation or home office shall create noise, smoke, dust, heat, vibration, glare, fumes, s. Hotels/motels; odors or air pollution off the premises on t. Kennels or overnight boarding of an- which the home occupation or home office imals; exists. u. Massage therapy; (b) Ahome occupation or home office is permit- v. Photographic studios involving chem- ted in the town center subject to the provisions of icals or client visitors; section 20-324(7). Supp. No. 19 1380.1 WINTER SPRINGS CODI; (%) 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 following. (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. 2011-08, § 2, 10-10-11; Ord. No. 2012- 09, § 5, 7-23-12) Secs. 20-453-20-460. Reserved. AR°Y YrL;II.JN `V1. S.ltt'.. 434 1L;f➢B,IC.YY1l)1=t `VJISI(l�N 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 pro- vide for enhanced property development within the S.R. 434 commercial corridor. Some of the objectives to be attained through the establish- ment of this district include: enhancement of the commercial status of the corridor; reduction of visual distraction through uniform sign criteria; enhancement of physical appearance through in- creased landscaping of public and private prop- erty; provision of architectural design guidelines to create a unifying theme over time; protection of adjacent residential land uses; and maintenance of property values. (Ord. No. 675, I2-8-97) *Editor's Sec. 20462. 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 reg- ulations 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 addition to and not in substitution of the underlying zoning district regulations which shall also remain ap- plicable to the overlay zone. The overlay district design standards will govern development within the corridor and will control where conflicts be- tween regulations occur. (Ord. No. 675, 12-8-97) DIVISION 2. GENERAL DESIGN STANDARDS FOR NEW DEVELOPMENT AREA Sec. 20-463. Applicability to new develop- ment overlay zoning district. The following design standards shall apply to the New Development Overlay Zoning District which includes all properties adjacent to the S.R. 434 right-of-way from Hayes Road eastward to the easternmost boundary of the City of Winter Springs with exclusion(s) indicated in Ordinance No. 675. (Ord. No. 675, 12-8-97; Ord. No. 2003-23, § 2, 6-23-03) Sec. 20-464. Building height. No building shall exceed fifty five (55) feet 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 ridge for gable, hip or gambrel roofs. (Ord. No. 675, 12-8-97) note —Ord. No. 675, adopted Dec. 8, 1997, SeC. 20465. Setbacks. amended the Code by adding provisions designated as Art. VI, Divs. 1, 2, §§ 20-445-20-459. In order to reserve sections for (a) NO improvement shall be located on any future use, the editor has redesignated the provisions of Ord. property closer to any property line than the No. 675 as herein set out, minimum setbacks set forth below: Supp. No. 19 1380.2 S.R. 434 Collector Street Buildings 50 feet 35 feet ZONING Parking 15 feet 15 feet Supp. No. 19 1380.2.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 19 1380.2.2 ZONING (22) Jul areas not otherwise landscaped, in- cluding the right -of --way, shall be sodded with St. Augustine solid sod by parcel owners. Other suitable sod may be per- mitted in low visibility areas or areas subject to periodic water inundation. (23) A walkway with a minimum width of five (5) feet, shall be constructed to connect the main public entrance door of a build- ing to the public walkway along rights -of - way. Where the walkway crosses parking or an access drive, the walkway shall be delineated. A landscaped area, which in- cludes sidewalk and landscaping, a mini- mum of nine (9) feet in total width shall separate the walkway from parking spaces. The use of architectural features and land- scaping is encouraged to define pedes- trian gateways. If shrubs are used in the landscaped area along walks, they shall be set back so as not to form a "wall" along the edge of the walk. (Ord. No. 675, 12-8-97) Sec. 20-469. Buffers and walls. (a) Bufj`ers: A minimum fifteen (15) foot land- scape buffer shall be provided by the developer/ property owner abutting the designated right-of- way lines at the time of development order or permit approval. The landscape buffer may be contained within a landscape easement. (1) The developer/property owner shall be responsible for the purchase, installation, maintenance and irrigation of all re- quired landscaping. (2) This area shall be planted with live oaks or other deciduous trees with a minimum two and one-half (2.5) inch (dbh) caliper and overall height of ten (10) to twelve (12) feet at time of planting no closer than five (5) feet from the back of the right-of- way line. The trees shall be planted every fifty (50) feet. (3) A minimum of four (4) sub -canopy trees and two (2) deciduous trees per one hun- dred (100) feet of frontage or fraction thereof shall be planted in and about the buffer. Plantings should be naturalistic rather than formal in order to blend with the natural landscape. (4) No existing or dedicated public or private right-of-way shall be included in calcula- tion of the buffer widths. (5) Stormwater retention areas may be per- mitted in the corridor buffer area subject to the following: a. No more than sixty (60) percent of the corridor buffer area can be used for stormwater retention; b. Stormwater retention areas shall be naturalistic in shape, dry, sodded, and designed to blend with the over- all landscape theme and landform; c. Stormwater retention areas may be wet if designed to be part of a water feature; d. Designs which require fencing shall be prohibited; and e. No slope shall be greater than that indicated in section. 9-241(d)(1) and (2) City Code. (6) Existing vegetation shall be used where possible to meet these requirements. (b) Any developer or property owner proposing a commercial or multi -family development or re- development adjacent to a single family zoning district or use shall construct, at the developer's expense, an opaque wall of six (6) feet in height along the full length of the property line between such development or redevelopment and the ad- jacent single family zoning district or use. A wall shall also be required for a proposed commercial development or redevelopment adjacent to a multi- family zoning district or use, as required above. The wall shall be constructed of concrete block, brick or other durable material (wood not al- lowed) which is compatible with the surrounding area, and acceptable to the development review committee as to compatibility, design, and compli- ance with this section and the City Code. The wall requirements of this section shall apply internally within the boundaries of town center, but only to buffer loading docks, service areas, and trash disposal facilities from adjacent single-family or Supp. No. 19 1083 WINTER SPRINGS CODE multi -family residential uses. If a wall is required internally within the town center, the wall require- ment may be waived or varied by the development review committee and city commission pursuant to the special exception criteria and procedure set forth in the Town Center District Code. The wall requirements of this section shall also apply along the boundary of property that also constitutes the outer perimeter of the existing area zoned town center. (c) Walls: All freestanding walls, sound barri- ers, ground sign enclosures, planters, manmade structures fronting along the designated roadway or its major intersections shall be of brick, deco- rative or split -faced concrete block. When these materials are used for a visual screen, they shall conform to the architectural style, materials, and color of the development. (Ord. No. 675, 12-8-97; Ord. No. 710, §§ III, IV, 1-11-99; Ord. No. 2000-07, § 2.C, 5-8-00) Sec. 2i➢-d'1i➢. �,eservecY. Editor's note —Ord. No. 2013-09, § 3, adopted Sept. 9, 2013, renumbered former• § 20-470 as § 16-82. Sec. 20-471. Utility lines. All new or relocated utility lines within the designated corridor shall be constructed and in- stalled beneath the surface of the ground unless it is determined by the city that soil, topographical, or any other compelling conditions, make the underground installation of such utility lines as prescribed herein unreasonable and impractica- ble. (1) It shall be the developer's responsibility on -site to make the necessary arrange- ment with each utility in accordance with the utility's established policy. (2) The underground installation of inciden- tal appurtenances, such as transformer boxes, switch boxes, or pedestal mounted boxes for the provision of electricity shall not be required. However, such appurte- nances where not rendered impractical by the determination of the city shall be installed on the site of any development approved after the adoption of this sec- tion. The necessary easements to allow the utility company access and service to such appurtenances shall be dedicated to the service provider by the developer prior to issuance of a building permit. Supp. Mn 19 1384 [The next page is 1387] ZONING brick or other durable material (wood not al- lowed) which is compatible with the surrounding area, and acceptable to the development review committee as to compatibility, design, and compli- ance with this section and the City Code. A wall shall also be required for a proposed commercial development or redevelopment adjacent to a multi- family zoning district or use, as required above. The wall shall be constructed of concrete block, brick or other durable material (wood not al- lowed) which is compatible with the surrounding area, and acceptable to the development review committee as to compatibility, design, and compli- ance with this section and the City Code. The wall requirements of this section shall apply internally within the boundaries of town center, but only to buffer loading docks, service areas, and trash disposal facilities from adjacent single-family or multi -family residential uses. If a wall is required internally within the town center, the wall require- ment may be waived or varied by the development review committee and city commission pursuant to the special exception criteria and procedure set forth in the Town Center District Code. The wall requirements of this section shall also apply along the boundary of property that also constitutes the outer perimeter of the existing area zoned town center. (c) Walls: All freestanding walls, sound barri- ers, ground sign enclosures, planters, manmade structures fronting along the designated roadway or its major intersections shall be of brick, deco- rative or split -faced concrete block. When these materials are used for a visual screen, they shall conform to the architectural style, materials, and color of the development. (Ord. No. 683, 1140-97; Ord. No. 710, § IV, 1-11-99; Ord. No. 2000-07, § 2.1), 5-8-00) Sec. 20486. Reserved. TJditor's note —Ord. No. 2013-09, § 4, adopted Sept. 9, 2013, repealed former § 20-486 in its entirety which pertained to signs and derived fiom Ord. No. 683, 11-10-97; Ord. No. 2000-17, § 1, 6-12-00; Ord. No. 2003-06, § 3, 12-8-03; Ord. No. 2006-18, § 2, 10-23-06; Ord. No. 2009-03, § 2, 7-13-09, Sec. 20487. Utility lines. All new or relocated utility lines within the designated corridor shall be constructed and in- § 20-488 stalled beneath the surface of the ground unless it is determined by the city that soil, topographical, or any other compelling conditions, make the underground installation of such utility lines as prescribed herein unreasonable and impractica- ble. (1) It shall be the developer's responsibility on -site to make the necessary arrange- ment with each utility in accordance with the utility's established policy. (2) The underground installation of inciden- tal appurtenances, such as transformer boxes, switch boxes, or pedestal mounted boxes for the provision of electricity shall not be required. However, such appurte- nances where not rendered impractical by the determination of the city shall be installed on the site of any development approved after the adoption of this sec- tion. The necessary easements to allow the utility company access and service to such appurtenances shall be dedicated to the service provider by the developer prior to issuance of a building permit. (3) All transformers and switch boxes related to development approved after the adop- tion of this section shall be set back a minimum of fifteen (15) feet from any right-of-way and visually screened using landscape materials or masonry construc- tion in conformance with these land de- velopment regulations. (Ord. No. 683, 11-10-97) Sec. 20-488. Corridor access if - a) ( A system of joint use curbed driveways and cross access easements shall be established wher- ever feasible along the S.R. 434 Corridor and the Wing site shall incorporate the following: (1) Across access corridor extending the en- tire length of each block served to provide for driveway separation (consistent with the access classification system and stan- dards). (2) A design speed of ten (10) mph and suffi- cientwidth to accommodate two-way travel Supp. No. 19 1397 § 20-488 WINTER SPRINGS CODE aisles designed to accommodate automo- biles, service vehicles, and loading vehi- cles. (3) Stub -outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross - access via a service drive. (4) A unified access and circulation system plan that includes coordinated or shared parking areas is encouraged wherever fea- sible. (b) Shared parking areas shall be permitted a reduction in required parking spaces if peak de- mand periods for proposed land uses do not occur at the same time periods. (r) P.irStiqnf- to tl;io - "ti%nn nrvn nrt<i ntxin nrs shall: (1) Record an easement in the public records allowing cross access to and from other properties served by the joint use drive- ways and cross access or service drive; (2) Record an agreement in the public re- cords that remaining access rights along the thoroughfare will be dedicated to the City of Winter Springs and pre-existing driveways will be closed and eliminated after construction of the joint -use drive- way. Supp. No. 19 1398 [The next page is 1403] CODE COMPARATIVI; TABLE Ordinance Section Number Date Section this Code 20-353 Added 20-452 2011-09 7-11-11 2 18-55(d)(6) 20-345A 2011-10 7-25-11 2 2-255 3 Rpld 11-5 4 Amd 13-31(g) 2011-11 8-22-11 2 19-97, 19-100(b), 19-102(5) 2011-13 9-26-11 2 Ch. 9, Art, VIII, Div 3, tit. 9-391, 9-391.1, 9-391.2(f) Rpld 9-391.5(c)(5), 9-391.7(04) 9-391.83 9-391.10 2011-14 10-10-11 2 Added 2-300, 2-305 2011-15 1-23-12 2 16-57(8), 16-60, 16-87 2011-16 2-2742 2 5-2(a), 5-3, 5-4(b), 5-5, 5-6, 5-8(a), 5-9, 5-10, 5-14(d), 5-16, 5-17(a) 2012-02 1-23-12 2 Added 17-100-17-124 3 2-69A 2012-06 3-12-12 2 20-320-20-327.1 2012-07 2-27-12 2 Added 20-420 2012-08 5-29-12 2 2-41 2012-09 7-23-12 3 20-259(11) 4 20-421 5 20-452(a)(6) 201240 843-12 2 Added 10-181 3 13-70, 13-72, 13-74 2012-11 9-10-12 2 Rpld 2-76-2-80 Added 2-76-2-78 2012-12 9-10-12 2 5-8 2012-15 10- 8-12 2 Amd 6-1, 6-5 6-6, 6-31, 6-32, 6-331 6-81 Rpld 6-82 Amd 6-83-6-861 6-101 Rpld 6-102-6-104, 6-126-6-129, 6-146-6-149, 6-165-6-169 Rnbd Ch. 6, Art. VIII as Ch. 6, Art, V Amd 6486-6-1892 6-191-6-195 Rnbd Ch. 6, Art. IX as Ch. 6, Art, VI Amd 6-210, 6-212, Supp. No. 19 2103 WINTER SPRINGS CODE Ordinance Section Number Date Section this Code 6-213 Rpld 6-215-6-218 Amd 6-220 Rpld 6-221, 6-240-6-243 Rnbd Ch. 6, Art. XII as Ch. 6, Art, VII Amd 6-271, 6-273, 6-277 Rnbd Ch. 6, Art. XIII as Ch. 6, Art, VIII 2012-16 11-19-12 2 15-26, 15-27 Rpld 15-28 15-29-15-32 Rpld 15-33 15-35-15-39 Rpld 15-40 15-42, 15-43 GOi3-uz Z-2b-13 2 13-26-13-3b Rpld 13-36 13-37-13-44 2013-08 8-12-13 2 20-234, 20-252, 20-254, 20-345, 20-345.3 2013-09 9- 9-13 2 16-51, 16-54, 16-57, 16-61, 16-76 Rpld 16-78 Added 16-80, 16-81 Amd 16-89 3 Rnbd & Amd 20-470 as 16-82 Rpld 20-486 Supp. No. 19 2104 [The next page is 2145] STATE LAW RErERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the state law or related matters. State Const. Section Article Section this Code VIII 2 10-87, 18-153 Fl. Adm. Code Section F.S. Section Chapter this Code Section this Code 17-50 19-92(c) 20-26 19-95(b) Ch. 163, Pt. II 9-500 19-95(c) 20-28(a) 19-129 163.3161 et seq. 9-386.1 17-555.360 Ch. 1% Art. IV, 163.3171 et seq. Ch. 15 Div. 2 163,3180 9-546, 9-547 9-550. 9-551 F.S. Section 163.3181(3) 20-102(f) Section this Code Ch. 163,3202 9-391 20.30 20-232(a)(64) 163.3220-163.4243 20-321 34.191 11-1 Cho 166 Cho Ch. 50 2-64(b)(1) 20-26 50.041 2-64 20-28(a) 50.051 2-64 1660021 10-87 60.05 13-74 18-153 Ch. 97, Ch. 98 2-89 1660032 2-89 99.093 2-88 1664041 1-11 100.201 et seq. 2-94 10-52 1000361 2-26(b) 20402(f) Ch. 101 2-93 18-153 101.62-101.70 2-92 20-104 1010657 2-96 16640415 19-255 Ch. 140 18-26 166.201 et seq. Ch. 2, Art. VI Ch. 102 2-85 Ch. 18 2-93 1660221 Ch. 10 119.07 18-29 1669231 18-29,18-30 Ch. 162 Ch. 2, Art. III, Div. 2 166,231 et seq. Ch. 18, Art. II 2-56, 6-32 16660425 Ch. 16, Art. III 19-174 166,3161 20-104 162.04 13-39 170.01 et seq. Ch. 17 162.05 2-57 Ch. 171 Ch. 2, Art. V 162.05(3) 2-58 Cho 177 Cho 162.06(2), 162.06(3) 2-59 9-2, 9-9 162.07 2-60 Ch. 180 et seq. Ch. 17 162.08 2-61 189.4042 18-121 162.09 2-61 19743632 18-151 3-3 19743635 18-151 162.10-162.13 2-62-2-65 2004065 Ch. 2, Art. VI 162.21 19-255 Ch, 202 18-28 162.22 3-10,10-57 202.11 18-26 Ch. 163 9-391, 10-52 202.20 18-31 Supp, No. 19 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) 31640083 316.1945(h)(2) 316.1955 et seq. 316.2055 316.2065 316,293 316.640 Ch. 318 318.14 Ch. 320 Ch. 322 337.401 376,031 Ch. 380,06 4034415 413.08 458.3265 459.0137 479.155 Ch. 480 489.105 489,127 489.132 533.73 538.01 et seq. Ch. 553 WINTER SPRINGS CODE Section this Code 18-26 Ch. 10 Ch. 10, Art. II 10-30 10-32 10-29 17-103 18-27 Ch. 2, Art, VI 12-65 Ch. 12 12-2 13-26 17-102 20-431(1)a. 12-82 20-438 12-89 17-102 12-84, 12-87 12-88 7-4 20-467,20483 20-504 Ch. 16, Art, II 13-62 13-44 12-86 12-2 12-87 12-2 12-2 18-31 17-103 9-403 13-36 Ch. 16, Art, 1I 17-107 13-72, 20-259 20-421, 20-452 13-72,20-259 20-421, 20-452 Ch. 16, Art. III 10-55 6-32 6-270, 6-272, 6-274, 6-275, 6-279 6-270, 6-272 6-31, 6-32 Ch. 10, Art, VI Ch. 6 Ch. 6, Art, III F.S. Section 553.06 553.19 553.73 553.955 et seq. Chs. 561-565 561.01 561.01 et seq. 561.14 561.20(7)(a) 562.45(2) 585.001 585.01 Ch. 633 633.521 Ch. 650 650.02 705.101 et seq. 775.082, 7756083 784.011 784.021 784.03 784.045 7904001 790.33 791.01 Ch. 794 Ch. 796 796.07 Ch. 800 806.101 810.02 810.09 812.131 812.014 812.019 817.32, 817.33 823.041 Ch. 826 Ch. 827 Ch. 828 843.01 Ch. 847 847.13 847.0133 Ch. 849 849.04 849.07 849.16 849.231 Section this Code Ch. 6, Art. V Ch. 6, Art. IV Ch. 61 Art. V 6-81 6-6 10-73 17-108 Ch. 3 3-3 3-3 Ch. 10, Art. III, Div. 2 17-107 17407 Ch. 7, 7-46 7-50 7-54 Ch. 14, Art. II 14-26(a) 14-26(a) 2-1 2-69.5(e), 11-1 12-88 13-74 13-74 13-74 17-124,13-74 17-105 17-105 17-105 10-551 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. IV Ch. 10, Art, IV 10-115 17-108 Supp. No. 19 2146 STATE LAW REFERENCE TABLE F.S. Section Section this Code 856.015 17-108 865.09 10-68 865.09 10-61 874.03 13-72, 13-74 Ch, 893 10-73 893.03 17-124 893.13 13-74 893,138 13-72, 13-74 Ch, 893 13-72 893.138 13-70 Ch. 895 10-73 943.085-943.255 2-68 943.25(13) 11-2(a), 11-2(b) [The next page is 2197] Supp. No. 19 2147 CODE INDEX Section Section A ADULT ENTERTAINMENT ESTABLISH - ABANDONMENT MENTS, SEXUALLY ORIENTED BUSI- NESSES (Cont'd.) Abandoned property; disposition by city .. 2-1 Local business tax receipts/home occupa- City-owned property; disposal of surplus tions .............................. 10-93 property, 1 4 4 4 0 0 0 0 0 4 0 1 0 4 0 * 0 1 4 a I I I I 1 1 2-194 Measurement of distance................ 10-102 Motor vehicle abandonment ............. 12-53, 12-54 Notice.................................. 10-56 Nonconformities ........................ 9-565 Obscenity/indecent exposure unlawful . . . . 10-54 Street and alley abandonment ........... 17-27 Operation contrary to operational require - ACCOUNTS, ACCOUNTING ments ............................. 10-85 Sewerage revenue generation system Other offices and departments, responsibil- Account established .................. 19-126 ities of............................ 10-59 Accountant certification of adequate Penalties/remedies/relief................. 10-57 maintenance .................... 19-129 Prohibited locations for.................. 10-101 Provisions ACTIONS. See: SUITS, ACTIONS AND Adult performance establishment...... 10-79 OTHER PROCEEDINGS Adult theater ........................ 10-78 Commercial bodily contact establish - ADULT ENTERTAINMENT ESTABLISH- ments .......................... 10-80 MENTS, SEXUALLY ORIENTED BUSI- Savings .............................. 10-92 NESSES Unlawful Application Hours of operation ................. 10-89 Contents of .......................... 10-61 Minors.....,...................... 10-87 Fee; generally ........................ 10-60 Records........................... 10-88 Investigation of applicant ............. 10-64 Sexual encounter businesses prohib- Reapplication after denial, 10-67 ited/prohibited acts ........... 10-94 Reasons for denial of ................. 10-66 Special prohibited acts; commercial Commercial bodily contact establishments, bodily contact. I * * 0 1 0 0 0 0 0 0 1 0 4 0 1 10-91 prohibited ......................... 10-92 Special provisions relating to escort Consent ................................ 10-63 and escortservices............ 10-90 Construction ........................... 10-53 Purpose, findings and intent/incorporation Continuing duty/false or misleading infor- of whereas clauses. 10-52 mation ............................ 10-62 Records and reports Definitions ............................. 10-55 Generally............................ 10-70 Engaging in prohibited activity Unlawful provisions, records .......... 10-88 Customers ........................... 10-82 Worker records....................... 10-75 Workers/operators.................... 10-83 Sexually oriented businesses............. 10-77 Escorts and escort services Short title .............................. 10-51 Escort service, generally .............. 10-81 Use of restrooms or dressing rooms ...... 10-86 Special prohibitions relating to, unlaw- Zoning ................................. 10-100 ful provisions ................... 10-90 Establishment name change ............. 10-72 ADVERTISING. See: SIGNS AND ADVER- General requirements, .................. 10-76 TISING Immunity from prosecution. 10-95 AFFIRMATION. See: OATH, AFFIRMATION, License SWEAR OR SWORN Annual fee, 10-68 Application and application fee ........ 10-60 AGENCIES OF THE CITY. See: DEPART - Contents of application ............... 10-61 MENTS AND OTHER AGENCIES OF Contents of, term of, renewals, expira- CITY tion, lapse, nonconforming estab- AGREEMENTS. See: CONTRACTS AND lishments ....................... 10-69 AGREEMENTS Issuance or denial of. 10-65 Operation without .................... 10-84 ALARMS, ALARM SYSTEMS Reapplication after denial ............. 10-67 False alarms Reasons for denial of application of .... 10-66 Prohibited ........................... 7-28 Required, I I I I I 1 10-58 Warning notice....................... 13-58 Suspension and revocation Fire and security alarms Of license, generally ............... 10-73 Automatic shut-off of alarm ........... 13-56 Proceedings. 10-74 Classification of alarm. I I I 1 13-57 Transfer of, 10-71 Compliance for existing system........ 13-53 Supp. No. 19 3111 ALARMS, ALARM SYSTEMS (Cont'd.) Definition,. Disconnection of system, Emergency telephone number. . False alarms Warning notice .................... Installation, modification, notice of ... . Reset, disabled system, response to ... . Service fee ........................... Waiver of fee ........................ . ALCOHOLIC BEVERAGES Bottle clubs prohibited ................. . City parks and recreational areas Alcoholic beverages/tobacco products; gambling....................... Definitions ............................. Hours of sale; hours consumption prohib- ited in places of public accommoda- tion, I I I I I I I I I 1 0 0 4 0 4 0 0 D 0 4 0 0 1 0 1 0 4 0 6 0 Location of business prohibited near church ur achuui......................... Nudity prohibited upon alcohol licensed premises, bottle clubs ............. . Open containers in public places ........ . Penalty................................ Star of emcrgvncy (declaration Of) ...... . Vendors (alcoholic beverage) in town center AMENDMENTS Additions and amendments deemed incor- porated in Code .................... Altering Code, . 1 0 V 4 1 Amendments to Code; effect of new ordi- nances; amendatory language...... . Florida Building Code, administrative amendments to. See: BUILDINGS Florida Fire Prevention Code, local amend- mentto ........................... See: FIRE PREVENTION AND PRO- TECTION Zoning Districts, amendments re ............ . Ordinances, alterations, changes or amendments . . . . . . . . . . . . . . . . . . . . AMUSEMENTS AND AMUSEMENT PLACES Dance halls; permit required; conduct in dance hails, .1 1 o 04 Do 000 4 0 0 0 1 64 1 1 6 1 1 Noise disturbances prohibited Specific provisions Places of public entertainment, . Slot machines, devices .................. ANIMAI.,S AND FOWL Animal control and protection ordinance of Seminole County, Florida, adopted . . City parks and recreational areas Domestic and other animals.......... . Kennel zoning .......................... Noise disturbances prohibited Specific provisions .................... WINTER SPRINGS CODE Section Section ANIMALS AND FOWL (Cont'd.) 13-51 Zoning regulations for animals........... 20-413 13,61 13-55 ANNEXATIONS Annexations east of DeLeon Street prohib- 13-58 ited ............................... 2418 13-52 Certain ordinances not affected by Code.. 1-7(9) 13-54 Fee .................................... 2-116 13-59 Waiting period for annexation ........... 2-117 13-60 ANTENNAS Television dish antennas ................ 6-83 3-5 APPROPRIATIONS Certain ordinances not affected by Code .. 1-7(7) 17-108 ARBORS. See: TREES AND SHRUBBERY 3-1 ASSESSMENTS Annual fire rescue assessments .......... 18-151 et seq. See: FIRE RESCUE ASSESSMENT 3-4 Local improvements Certain ordinances not affected by Code 1-7(8) d-G Local improvements assessments ........ 18-51 et seq. 3-10 See: TAXATION 3-7 ATHLETIC FACILITIES 3-8 Use of city athletic facilities; fees ........ 2-2 2-255 3-3 AUDITS, AUDITING City -owned property, recording and identi- fying re auditing procedure,........ 2-192 1-10 AUTOMATIC FIRE SPRINKLER SYSTEMS 1-14 Florida Fire Prevention Code, local amend- ment to ........................... 7-60 1-11 AWNINGS Permit for erection of awnings over side- walk Fee.................................. 17-52 7-46 et seq. Required; application ................. 17-51 Il 20-104 BANNERS Signs and advertising requirement....... 16-87 20-6 BARBED WIRE. See: FENCES, WALLS, HEDGES AND ENCLOSURES 10-111 BARRICADES Street excavation barricades ............. 17-80 BARS 13-31(f) Alcoholic beverage regulations generally.. 3-1 et seq. 10-115 See: ALCOHOLIC BEVERAGES BEER Alcoholic beverage regulations generally.. 3-1 et seq. 4-1 See: ALCOHOLIC BEVERAGES 17-107 BICYCLES 20-416 Bicycle and pedestrian advisory committee Creation; composition; appointment of 13-31(c) members ....................... 2-43 Supp. No. 19 3112 CODE INDEX Section Section BICYCLES (Cont'd.) BUILDINGS (Cont'd.) Purpose and duties .................. 1 2-44 Building official Authority to stop work if contrary to BIDS, BIDDING. See: FINANCES public welfare .................. 0 6-5 BILLBOARDS. See: SIGNS AND ADVERTIS- Citations; unlicensed contractors; failure ING to obtain a building permit Administrative hearings; accrual of pen- BLASTINGAGENTS. See: EXPLOSIVES AND alties ........................... 6-278 BLASTING AGENTS Appeals of code enforcement board deci- sions ........................... 6-279 BOARDS, COMMITTEES AND COMMIS- Citation authorized for construction con- SIONS. See: DEPARTMENTS AND tracting violations. 6-272 OTHER AGENCIES OF CITY Citation form ........................ 6-273 BOATS Correction of violation; payment of pen - Noise disturbances prohibited alty; notice of hearing ........... 6-277 Specific provisions Findings ..........................a%% 6-271 Motorboats ........................ 13-31(i) Intent and purpose................... 6-270 Vehicle and boat repairs............ 13-31(e) Notices ............................. 0 6-281 Penalty .............................. 6-274 BOND ISSUES Recording code enforcement board or - Certain ordinances not affected by Code.. 1-7(2) ders ............................ 6-280 Refusal to sign citation ............... 6-275 BONDS, SURETY OR PERFORMANCE Stop work ........................... 6-276 City -owned property supervision and con- City parks and recreational areas trol, bond for custodian re .......... 2-193 Injuring, interfering with, etc., build - Land development bonding procedure .... 9-76 ings and other property, 17-114 Street excavations, bond requirement .... 17-77 Code enforcement board ................. 2-56 et seq. BOOKSTORES See: CODE ENFORCEMENT BOARD Adult entertainment establishments ..... 10-55 et seq. Codes See: ADULT ENTERTAINMENT ES- Energy efficiency code adopted. 6-6 TABLISHMENTS, 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: Ci- BOTTLES tations; Unlicensed Contractors; Prohibitions ............................ 13-2 Failure to Obtain a Building Per - BUDGET. See: FINANCES mit Declaration of a state of emergency ...... 2-255 BUILDINGS Suspension of local regulations ........ 2-264 Accessory buildings ..................... 6-84 Electrical, plumbing, mechanical and gas Accessory dwelling units. 6-85 work.............................. 6-101 Administration Energy efficiency code adopted. 6-6 Florida building code Fences, walls and hedges ................ 6-186 et seq. Administrative amendments to Chap- See: FENCES, WALLS, HEDGES AND ter 1 ......................... 6-31 ENCLOSURES Administrative amendments to Chap- Flood damage prevention ................ 8-1 et seq. ter 2 ........................ 0 6-32 See: FLOOD DAMAGE PREVENTION Adoption of appendices ............. 6-34 Florida Building Code Local wind speed design criteria....... 6-33 Administration. See herein that subject Annual fire rescue assessments .......... 18-151 et seq. Adopted ............................. 6-81 See: FIRE RESCUE ASSESSMENT Electrical, plumbing, mechanical and gas Automatic fire sprinkler systems work ........................... 6-101 Florida Fire Prevention Code, local Inspections. See herein: Permits and In - amendment to .................. 7-60 spections Building erected or altered in violation of International Property Maintenance Code provisions, use of .................. 6-3 Adopted ............................. 6-300 Building inspector Preemption; Florida Building Code; Flor- Swimming pool inspection ............ 6-213 ida Fire and Life Safety Code .... 6-302 Supp. No. 19 3113 BUILDINGS (Cont'd.) Supplemental; minimum standards ... . 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, re- sponsibility re ................... Permits and inspections Failure to obtain building permit. See herein: Citations; Unlicensed Con- tractors; Failure to Obtain a Build- ing Permit S:bz:o; bmldmg Purpose ................................ Restricted hours of building construction or installation or construction of sub- division improvements ............ . Screen encle i_res/rooms................. Storage Temporary structures, . Swimming pools ....................... . See: SWIMMING POOLS Television dish antennas ................ Uniform building numbering system Administration and assignment of num- ber............................. Code enforcement board 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 TRAF- FIC C WINTER SPRINGS CODE Section CANALS 6-301 Prohibitions ............................ 9-2 et seq. CANDIDATES. See: ELECTIONS CANVASSERS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS 13-31(d) CARPORT SALES 1-2 At-home sales ......................... . 16-77 et seq. CATS Animal regulations generally . 1-2 .......... . See: ANIMALS AND FOWL CERTIFICATES, CERTIFICATION 13-3 Sewerage revenue generation system Accountant certification of adequate maintenance .................... CHURCHES Adult entertainment establishments i r Prohibited locations ................. . yV6-1 Alcoholic beverage sales prohibited near. Sexually oriented businesses Prohibited locations .................. 11-6 CITY 6-86 Defif itians and rules of coals ruciioii .... . Use of city athletic facilities; fees ....... . 6-87 6-210 et seq. CITY CLERK Election 6-83 Additional duties re ................. . Supervisor, city clerk as, . . CITY COMMISSION 9-373 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 ap- 9-371 proval 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 ES- TABLISHMENTS, SEXUALLY ORIENTED BUSINESSES CAMPAIGNS. See: ELECTIONS CODE ENFORCEMENT Citation contents ....................... Citation procedure ...................... Code enforcement board ................. Code enforcement officers Authority ............................ Designation, qualifications, training .. . Definitions ............................. Delivery of warning notices, citations.... . Disposition of citations, civil penalties ... . Intent.................................. Procedures to pay, contest citations ..... . Provisions supplemental, . I I . 1 0 4 0 4 . Section 4-1 et seq. 10-101 3-2 10-101 1-2 2-2 2-95 2-81 18-151 et seq. 1-2 18-151 et seq. 2-192 2-69.6 2-69.1 2-56 et seq. 2-69 2-68 2-67 2-69.2 2-69.7 2-66 2-69.5 2-69.8 Supp. No. 19 3114 CODE INDEX Section CODE ENFORCEMENT (Cont'd.) Red light code enforcement infraction .... 12-80 et seq. See: MOTOR VEHICLES AND TRAF- FIC Violation classification; civil penalty...... 2-69.3 Violations, schedule of.* 4 0 0 0 0 1 0 0 4 0 1 1 2-69.4 CODE ENFORCEMENT BOARD Appeals ................................ Building numbering system, authority re. Code inspector; duty .................... Creation ............................... Duration of lien, 1 0 1 0 4 9 1 0 1 4 0 1 0 1 1 1 1 1 1 1 1 1 a a Election of officers; quorum; compensation; 2-63 9-376 2-59 2-56 2-62 expenses .......................... Hearing. Lien 2-58 2-60 Application for satisfaction or release of 2-61.5 Duration of. 0 1 0 0 1 4 1 1 1 1 1 1 1 1 1 1 1 1 6104060 Membership; appointment; qualification.. Notices................................. Powers ................................. Provisions supplemental. 1 0 4 1 4 0 1 1 1 1 1 1 111* upplemental................. Wastewater system, enforcement board... 2-62 2-57 2-64 2-61 2-65 19-30 CODE OF ORDINANCES* Additions and amendments deemed incor- porated in Code, Altering Code. 1 6 4 0 a 0 0 Amendments to Code; affect of new ordi- 1-10 1-14 nances; amendatory language....... Catchlines of sections ................... Certain ordinances not affected by Code .. Definitions ............................. General penalty; continuing violation; vio- 1-11 1-3 1-7 1-2 lation as public nuisance ........... History notes ........................... How Code designated and cited .......... Prior offenses, rights, etc., Code does not 1-15 1-5 1-1 affect ............................. References and editor's notes ............ References to chapters or sections ........ Repeal of ordinances, affect of............ Severability of parts of Code ............. Supplementation of Code ................ 1-9 1-6 1-4 1-8 1-13 1-12 COMMITTEES AND COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF CITY COMPUTATION OF TIME Definitions and rules of construction ..... 1-2 CONTRACTS AND AGREEMENTS Certain ordinances not affected by Code .. 1-7(1), (3) Code does not affect prior• contracts, etc... 1-9 Note —The adoption, amendment, repeal, omissions, effec- tive date, explanation of numbering system and other matters 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. Section CONTRACTS AND AGREEMENTS (Cont'd.) Fire and emergency medical services Inclusion in Seminole County's fire and emergency services MSTU . . . . . . . 7-1 Old age and survivors' insurance, execu- tion of agreement .................. 14-27 Supplementation of Code ................ 1-12 COUNTY Definitions and rules of construction ..... 1-2 COURTS Court costs Assessment and collection of; use ...... 11-2 CURFEW Declaration of a state of emergency . . . . . . 2-255 DANCE HAT,LS Permit required; conduct ................ 10-111 DEPARTMENTS AND OTHER AGENCIES OF CITY Boards, committees, commissions gener- ally Appointments of boards and committees 2-41 Bicycle and pedestrian advisory commit- tee Creation; composition; appointment of members ................... 2-43 Purpose and duties ................ 2-44 Parks and recreation advisory commit- tee Creation; composition; appointment of members 2-45 ................... Purpose and duties ................ 2-46 Time of meeting adjournment ......... 2-42 City arbor division ...................... 5-5 City commission ........................ 2-26 Code enforcement board ................. 2-56 et seq. See: CODE ENFORCEMENT BOARD Definitions and rules of construction ..... 1-2 Election board 2-85 .......................... Fire and emergency medical services Inclusion in Seminole County's fire and emergency services MSTU ...... 0 7-1 Land development site plan review board. 9-341 et seq. See: LAND DEVELOPMENT Officers' and employees' pension plan, board of trustees re ...................... 14-52 Planning and zoning board .............. 20-51 et seq. See: ZONING Public nuisance abatement board ........ 13-70 et seq. See: PUBLIC NUISANCE ABATEMENT BOARD Public service tax; exempted entities ..... 18-30 Traffic violations bureau 12-28 ................. Supp. No. 19 0115 WINTER SPRINGS CODE Section DEVELOPMENT. See: PLANNINGAND DE- VELOPMENT; See also: LAND DEVEL- OPMENT DISH ANTENNAS Television dish antennas ................ 6-83 DISORDERLY CONDUCT Dance halls, disorderly conduct in........ 10-111 DISTRICTS Zoning districts ......................... 20-101 et seq. See: ZONING DOGS Animal regulations generally ........... . See: ANIMALS AND FOWL DRAINS, DRAINAGE Land development Drainage ditch fence required; when .. . Drainage facilities ................... . Open drainage ditches; storm sewers . . Storm water management, . . DRUMS Noise provisions ....................... . DUMPSTERS Definitions ............................. Minimum screening requirements....... . I� ELECTIONS Absentee voting ......................... Applicability of Code to election where ques- tions are submitted ............... . Candidates, qualification of. . Canvass of return ...................... . Certain ordinances not affected by Code . . City clerk, additional duties of .......... . Code enforcement board election ........ . Determination of person elected......... . Early voting exemption, . . Election board .......................... Election supervisor ..................... Electronic filing of campaign finance re- ports required ..................... Municipal elections to be general elections Nonpartisanship required .............. . Proclamation.,'..... Qualifying fees ........................ . Recall of elected official., . . Registration of voter .................... Vacancy in office ........................ Voting machines ........................ Voting places ........................... ELECTRICITY Buildings Florida building code Electrical, plumbing, mechanical and gas work ..................... Flood damage control ................... Municipal public service tax ............ . See: TAXATION ELECTRONIC DEVICES Noise disturbances prohibited Specific provisions, .................. . EMERGENCIES 4-1 et seq. Noise Emergency exception ................. EMERGENCY MANAGEMENT Applicability of provisions . . . . . . . . . . . . . . . 9-106 Certification of emergency conditions .... . 9-242 Declaration of a state of emergency ..... . 9-105 Defint,on 9-241 Fire emergencies, Intent.................................. 13-30 Police emergencies ..................... . Powers, duties, responsibilities.......... . Structure, emergency management...... . 9-280 Suspension of local building regulations . . 9-281 Termination of state of emergency....... . Weather emergencies, . 0 0 0 0 6 0 1 6 1 6 1 ....... 2-94 2-87 2-93 1-7(16) 2-95 2-58 2-84 2-96 2-85 2-8 2-97 2-83 2-86 2-82 2-88 2-26 2-89 2-87.1 2-91 2-90 EMPLOYEES. See: OFFICERS AND EM- PLOYEES 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 Section 18-26 6-101 8-2 et seq. 13-31(a) 2-255 EXCAVATIONS Street excavations ...................... 17-76 et seq. See: STREETS AND SIDEWALKS EXPENDITURES Sewerage revenue generation system, ex- penditures re ...................... 19-128 EXPLOSIVES AND BLASTING AGENTS Declaration of a state of emergency ...... 2-255 Noise disturbances prohibited Specific provisions .................... 13-31(g) Regulation of explosives ................. 7-27 Supp. No. 19 3116 � 1 1 Section F Service fee ............................. Waiver of fee ........................... Warning notice ........................6 13-59 13-60 13-58 FENCES, WALLS, HEDGES AND ENCLO- SURES Barbed wire permissible, when .......... Building numbers to be affixed to walls, 6-189 fences,etc......................... Construction material ................... Cornerlots ............................. Drainage ditch fence required, when ..... Exceptions to provisions ................. Height limitations generally, ............ Maintenance of fences or walls........... Permit required ........................ Property line, distance from ............. Provisions not controlling; exception...... Urban beautification .................... See: URBAN BEAUTIFICATION 9-374 6-187 6-191 9-106 6-188 6-190 6-195 6-186 6-193 6-194 2-76 et seq. Utility easements ....................... 6-192 FINANCES Annual fire rescue assessments .......... See: FIRE RESCUE ASSESSMENT 18-151 et seq. Bids, bidding When written bids required; waiver; small purchases ....................... Budget 2-152 Certain ordinances not affected by Code 1-7(7) Elections Electronic filing of campaign finance re- ports required ................... Emergency procurement re state of emer- 2-97 gency ............................. Fee 2-255 Certain ordinances not affected by Code 1-7(17) Old age and survivors' insurance contribu- tion ............................... Payment of money 14-28 Certain ordinances not affected by Code 1-7(2), (17) Purchasing Purchasing policy and procedure estab- lished .........................0 When written bids required; waiver; small 2-151 purchases ....................... Stormwater management utility fund .... 2-152 19-167 FINES, FORFEITURES AND OTHER PEN- ALTIES Certain ordinances not affected by Code .. Code does not affect prior forfeitures, pen- alties, etc. . 0 * 0 4 . 4 V 1 4 1 1 1 1 1 1 0 6 4 4 & 0 * 0 0 1-9 Code enforcement citations. 2-69.1 et seq. Code violations General penalty; continuing violation; violations as public nuisances .... 1-15 Penalties for specific acts, omissions, etc. See specific subjects as indexed Section FINES, FORFEITURES AND OTHER PEN- ALTIES (Cont'd.) Repeal of ordinances, effect of............ 1-8 FIRE AND EMERGENCY MEDICAL SER- VICES Inclusion in Seminole County's fire and emergency services MSTU.......... 7-1 FIRE HYDRANTS. See: FIRE PREVEN- TION AND PROTECTION FIRE PREVENTION AND PROTECTION Annual fire rescue assessments .......... See: FIRE RESCUE ASSESSMENT 18-151 et seq. Buildings International Property Maintenance Code Preemption; Florida Building Code; Florida Fire and Life Safety Code 6-302 City parks and recreational areas Fires ................................ Explosives,regulation of ................ False alarms prohibited ................. Fire alarm systems ..................... See: ALARMS, ALARM SYSTEMS 17-110 7-27 7-28 13-51 et seq. Fire and emergency medical services Inclusion in Seminole County's fire and emergency services MSTU ....... Fire hydrants 7-1 Approval and acceptance by city....... Installation specifications ............. Land development 7-80 7-78 Required prior to building on lots ... Obstruction of hydrants. .............. On site static water supplies .......... Parking near prohibited .............. Required ............................. Responsibility for provision and mainte- 9-178 7-79 7-81 12-65 7-76 nance ..........................0 Florida Fire Prevention Code, local amend- 7-77 ment to Appeal .............................. Automatic fire sprinkler systems ...... Impact fee credits ................... . Procedure for ........................ Hydrants. See herein: Fire Hydrants 7-50 7-60 7-54 7-46 Open-air burning regulated. 7-26 FIRE RESCUE ASSESSMENT Annual fire rescue assessments Adoption of annual rate resolution..... Adoption of final assessment resolution 18-178 18-176 Authorization for exemptions and hard- ship assistance .................. Correction of errors and omissions..... Effect of final assessment resolution ... General authority .................... Initial assessment roll ................ Initial proceedings, ................... Interim assessments .................. Lien of fire rescue assessments ........ Notice by mail ....................... 18-184 18-182 18477 18-171 18-173 18-172 18-183 18479 18-175 Supp. No. 19 3117 FIRE RESCUE ASSESSMENT (Cont'dJ Notice by publication ................ . Procedural irregularities ............. . Revisions to fire rescue assessments .. . Collection and use of fire rescue assess- ments Alternative method of collection ...... . Government property ................. Method of collection ................. . Definitions ............................. General findings ........................ General provisions Alternative method, . Applicability ........................ . Interpretation .......................... Legislative determinations of special bene- fit................................ FIREARMS AND WEAPONS Declaration of a state of emergency ..... . Noise disturbances prohibited Specific provisions. . FIREWORKS City parks and recreational areas Fireworks; destructive devices; weap- ons; other potentin ly dRngerous uses............................ Regulation of explosives, FLOOD DAMAGE PREVENTION Abrogation and greater restrictions ..... . Definitions ............................. Development permit ................... . Floodplain administrator Designation of ....................... Duties and responsibility of .......... . General standards ...................... Interpretation .......................... Lands to which provisions apply ........ . Noncompliance, penalties for ........... . Reducing flood losses, method of ........ . Regulatory floodways, standards for..... . Shallow flooding (AO zones), standards for areas of ........................... Small streams, standards for. . Special flood hazard Basis for establishing areas of........ . Designations, warning regarding area of Specific standards ...................... Statement of purpose and objectives..... . Variance procedure ..................... Violations, penalties, . Warning regarding area of special flood hazard designation, . FLORIDA. See: STATE FLORIDA STATUTES. See: F.S. FOLLOWING, PRECEDING Definitions and rules of construction .... . WINTER SPRINGS CODE Section Section FORFEITURE. See: FINES, FORFEITURES 18-174 AND OTHER PENALTIES 18-181 18-180 FOWL. See: ANIMALS AND FOWL FRANCHISES Certain ordinances not affected by Code.. 1-7(4) 18-202 Tax in addition to franchise taxes ....... 4 18-29 18-203 18-201 F.S. 18-151 Definitions and rules of construction ..... 1-2 18-153 G 18-212 18-211 GAMBLING 18-152 City parks and recreational areas Alcoholic beverages/tobacco products; 18-154 gambling ....................... 17-108 GARAGE SALES 2-255 At-home sales .......................... 10-137 GARBAGE AND TRASH 13-31(g) Dumpsters ............................. 9-280, 9-281 Garbage service to be provided for certain tenants ........................... 19-1 Prohibitions ............................ 13-2 GAs CODE 17-105 Buildings 7-27 Florida building code Electrical, plumbing, mechanical and gas work ..................... 6-101 8-6 8-1 GAS, GASOLINE 8-33 Flood damage control. 8-2 Municipal public service tax ............. 18-26 et seq. 8-31 See: TAXATION 8-32 8-51 GENDER 8-7 Definitions and rules of construction ..... 1-2 8-4 GLASSWARE 8-9 Prohibitions ............................ 13-2 8-3 8-55 GOLF CARTS Operation of ............................ 12-71 et seq. 8-53 See: MOTOR VEHICLES AND TRAF- 8-54 FIC 8 5 GOLD 8 8 Secondhand precious metals ............. 10-151 et seq. 8-52 See: SECONDIIAND PRECIOUS MET- ALS 8-2 8-34 GONGS 8-9 Noise provisions ........................ 13-32 8-8 GOODS, WARES OR MERCHANDISE Declaration of a state of emergency ...... 2-255 Peddlers and solicitors requirements ..... 10-136 et seq. See: PEDDLERS, CANVASSERS AND SOLICITORS GRADES, GRADING 1-2 Certain ordinances not affected by Code .. 1-7(6) Supp. No. 19 0110 GRADES, GRADING (Cont'dJ Land development, street grades generally GRASS, LEAVES, UNDERBRUSH, ETC. Land development requirements re grass H CODE INDEX Section INDECENCY AND OBSCENITY 9-148 Adult entertainment establishments, sex- ually oriented businesses Obscenity, indecent exposure unlawful. 9-160 INVENTORIES City -owned property inventory........... HANDBILLS Signs and advertising regulations gener- ally ..............................0 16-26 et seq. See: SIGNS AND ADVERTISING HEALTH AND SANITATION Noise Immediate threat to health and welfare Pain management clinics Requirements ........................ HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HISTORICAL PRESERVATION Tree protection and preservation Definitions (historic, specimen trees).. . Specimen, historic trees. . . HUNTING City parks and recreational areas Hunting/wildlife preservation and con- servation ....................... HYDRANTS. See: FIRE PREVENTION AND PROTECTION I IMPACT FEES Florida Fire Prevention Code, local amend- ment to Impact fee credits ................... . Land development Police, fire, parks and recreation facili- ties. 0 4 1 1 1 1 1 1 1 1 1 1 1 1 0 4 0 0 0 4 0 4 0 0 0 0 0 0 Transportation impact fees............ See: LAND DEVELOPMENT IMPOUNDMENT Motor vehicle impoundment ............ . IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS IN THE CITY Definitions and rules of construction .... . IN WRITING, WRITTEN Definitions and rules of construction. . INDEBTEDNESS OF CITY Certain ordinances not affected by Code . . Section IRRIGATION SYSTEM Reclaimed water system, 19-136 et seq. See: UTILITIES J JOBS GROWTH INCENTIVE GRANT PRO- GRAM 13-41 Legislative findings .................... . Program requirements. . 10-181 K 9-391 et seq. 9-386.1 et seq. I �J 1-2 KENNELS Zoning regulations ...................... LAKES Prohibitions ............................ 20-416 Supp. No. 19 3119 CODE INDEX Section LAND DEVELOPMENT (Cont'd.) Responsibility for design and certifica- tion of improvements ............ Sidewalks, . Streets 9-176 9-221 Markers, . Right -turn deceleration lanes....... Roadway base materials, standards 9-203 9-206 for ........................... Streetlights and traffic signs ........ Surfacing of streets, standards for .. Utilities; requirements for water and 9-201 9-204 9-202 sewer systems, . a 1 6 1 Water and sewer systems, requirements 9-261 for ............................. Septic tanks ............................ Sewer systems, requirement for.......... Sidewalks .............................. Site plan review 9-261 9-107 9-261 9-221 Site plan review board Appeals ........................... Clerical support and records ........ Creation. Duties ............................ Meetings. Procedures, regulations and fees .... 9-348 9-343 9-341 9-347 9-344 9-345 Prohibitions ....................... Purpose; composition ............... Violations, penalty ................. Soil, rock, etc., removal, . 4 0 0 . 0 4 0 4 0 0 0 0 0 4 V . Streets and alleys 9-346 9-342 9-349 9-8 Access streets, paving of ............. 0 Alleys ..............................0 Classification ........................ Cul-de-sacs; dead ends ................ Easements ........................... General layout; connections with exist- 9-150 9-158 9-146 9-152 9-159 ing streets ...................... Grassing, mulching, sodding .......... Half streets .......................... Intersections ......................... Minimum rights -of -way and paving width 9-153 9-160 9-154 9-155 9-147 Naming streets, . I I I I I 1 Paved, streets to be, Paving costs ......................... Paving of access streets ............... Private streets ....................... Required improvements 9-298 9-149 9-151 9-150 9-157 Right -turn deceleration lanes....... Roadway base material, standards for 9-206 9-201 Street markers .................... Streetlights and traffic signs ....... & Surfacing of streets, standards for .. Roadway base materials, standards for 9-203 9-204 9-202 9-201 Street grades, generally. . Street markers ....................... Street names. . Streetlights and traffic signs .......... Surfacing of streets ................... Typical street sections ................ 9-147 9-203 9-156 9-204 9-202 9-296 Section LAND DEVELOPMENT (Cont'd.) Town center zoned property ............. 1l ansportation impact fees 9-14 Appeals of impact fee determinations .. Authority and applicability............ Building permits 9-386.21 9-386.1 Limitations on issuance of.......... Credits .............................. Definitions . . ......................... Exemptions ......................... 1 Impact agreement.... . 0 .4 *0 0 .* 1 11%,'' Independent impact fee calculation .... Intent and purpose ................... Penalty .............................. Presumption of maximum impact...... Return of funds ...................... Review .............................. Road impact fees 9-386.5 9-386.11 9-386.4 9-386.14 9-386.10 9-386.8 94386.2 9-386.20 9-386.9 9-386.18 9-386.19 Collection of fee assessments ....... Determination of. Rate schedule ..................... Total road impact fee calculations ... Rules of construction ................. Short title ........................... Site -related road improvements ....... Trust fund, establishment of .......... Use of funds collected., 1 641, ''1 It '111 1 Vested rights ......................... Uniform building numbering system ..... See: BUILDINGS 9-386.16 9-386.6 9-386.7 9-386.8 9-386.3 9-386.1 9-386.13 9-386.15 9-386.17 9-386.12 9-370 et seq. Urban beautification .................... See: URBAN BEAUTIFICATION 2-76 et seq. Utilities Services to be underground, exception . Water and sewer systems, requirements 9-104 for ............................. Valley gutters .......................... Variances .............................. Appeals from granting of. 9-261 9-297 9-5 9-6 Vested rights Appeals, . 0 4 0 4 0 V 0 . 0 1 1 1 q I I Application for special use permit ..... Determining, standards for ........... Intent ............................... Limitations on determination ......... Waiver to engineering development plan 9-402(b) 9-402(a) 9403 9-401 9-404 requirements ...................... Water and sewer systems, requirements 9-4 for ................................ Zoning regulations ...................... See: ZONING 9-261 20-1 et seq. Supp. No. 19 3123 LANDSCAPE IRRIGATION. See: WATER CONSERVATION AND LANDSCAPE IRRIGATION LICENSES AND PERMITS Adult entertainment establishments, sex- ually oriented businesses .......... . See: ADULT ENTERTAINMENT ES- TABLISHMENTS, SEXUALLY ORIENTED BUSINESSES Awnings, permit for erection over side- walks............................. 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 aes- thetic review standards Approval prerequisite for permits..... . Building permits .................... . Nonconformities Special permit ...................... . Pain management clinics ............... . Peddlers and solicitors permit .......... . See: PEDDLERS, CANVASSERS AND SOLICITORS Sign permit ............................ See: SIGNS AND ADVERTISING Street and sidewalk permit ............. . See: STREETS AND SIDEWALKS Tree removal, land clearing permit. . Vested rights special use permit ........ . LIENS Code enforcement board lien ............ . Application for satisfaction or release of Fire rescue assessment Annual fire rescue assessments Lien of fire rescue assessments .... . Public nuisance abatement board ....... . LIQUOR. See: ALCOHOLIC BEVERAGES LITTERING City parks and recreational areas Pollution and litter .................. . Nuisance provision ...................... Streets, sidewalks, etc., littering ........ . LOCAL IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS LOUDSPEAKERS Noise disturbances prohibited Specific provisions ................... . MANUFACTURED HOUSING Flood damage control standards ........ . [K�7FA INEEM Section Section MAPS. See: SURVEYS, MAPS AND PLATS MAY, SHALL Definitions and rules of construction. 1-2 MAYOR 10-58 et seq. Election proclamation. 2-82 MECHANICAL CODE Buildings Florida building code Electrical, plumbing, mechanical and 17-51 et seq. gas work ..................... 6-101 10-111 MERCHANDISE. See: GOODS, WARES OR 17-76 MERCHANDISE 6-186 MINORS 8-33 Adult entertainment establishments, sex- 19-52 ually oriented businesses Unlawful provisions .................. 10-87 9-601 Alcoholic beverage sales near schools pro- 9-606 hibited ............................ 3-2 Secondhand precious metals, dealing with 9-568 persons under age eighteen years pro- 10-181 hibited ............................ 10-155 10-136 et seq. MOBILE HOMES AND MOBILE HOME PARKS Zoning regulations for trailers and mobile 16-53 et seq. homes, .1 1 11 11 6 1 11 a & 1 11 1 a I I a 6 6 4 a a 0 20-91 et seq. See: ZONING 17-1 et seq. MONTH 5-4 et seq. Definitions and rules of construction ..... 1-2 9-402 MONUMENTS Land development monuments..:........ 9-180 2-62 MOTELS, See: HOTELS AND MOTELS 2-61.5 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 ....................... 12-31 17-28 Issuance ............................. 12-29 City parks and recreational areas ........ 17-102 Cleaning, repairing vehicles on roadway.. 12-66 Definitions ............................. 12-1 Fines for violations ..................... 12-30 Golf carts, operation of Definitions. 4 0 0 t & 0 0 9 0 0 6 1 0 t 9 * * 0 0 0 0 0 1 12-71 13-31(b) Enforcement ......................... 12-77 Inspection and registration of golf carts required ........................ 12-75 Insurance required ................... 12-76 Required equipment. 12-74 8-51 Restrictions .......................... 12-73 Supp. No. 19 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 ........................ 12-29 Fences, etc., limitations re ............ 6-191 Referral of parking violations to hear - Land development requirements....... 9-155 ing officer ................... 0 12-33 Obstructions ......................... 17-30 Duties to regulate motor vehicles and Stop intersections traffic .......................... 12-26 Certain ordinances not affected by Fines for violations ................... 12-30 Code. I 1 0 4 0 4 4 0 4 0 0 4 0 t 0 0 9 0 0 0 M 8 * 0 1-7(14) Traffic violation bureau, powers and du - Land development ties 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 ................... 12-70 Consistency with state law ......... 12-90 Noise disturbances prohibited Implementation of general law...... 12-85 T'TCtCr •,^lllcic nO18C bC11Cru11y' i3- Lcblclatl7c finds .b� AP.d rntCai>�yllZ'p0.,., Specific provisions Red light traffic control signals, adher- Model vehicles ..................... 13-31(h) ence to ......................... 12-83 Vehicle and boat repairs............ 13-31(e) Review of recorded images............ 12-86 Off-street parking and loading Signage .............................. 12-89 Cenerally............................ 12-69 nI nfTic infraction deter om) nse 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 ............... 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 ille- Taxicabs Passenger rates gaily parked vehicles ............ 12-54 Certain ordinances not affected by Land development requirements for off- Code .. nonce .... affected ted b . 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 hearing Stop intersections officer .......................... 12-33 Certain ordinances not affected by Zones Code ......................... 1-7(14) Loading and unloading zones.......... 12-69 Supp. No. 19 3126 CODE INDEX Section MOTOR VEHICLES AND TRAFFIC (Cont'dJ Zoning regulations for motor vehicles..... 20-431 et seq. See: ZONING MULCHING Land development requirements ......... 9-160 MUSICAL INSTRUMENTS Noise disturbances prohibited Specific provisions .................... 13-31(a) NOISE City parks and recreational areas Noise and other conduct. Definitions 1............................ Designation of noise sensitive zones ...... Emergency exception .................... Immediate threat to health and welfare .. Lead agency or official. . 0 * & 1 0 0 0 0 0 0 9 F . 0 . 0 Maximum permissible sound levels by re- 17-112 13-27 13-43 13-32 13-41 13-28 ceiving land use ................... Motor vehicle noise ..................... Noise control officer 13-35 13-44 Powers .............................. Noise disturbances prohibited 13-29 Generally ............................ Specific provisions .................... Notice of violation. Other remedies. Penalties ............................... Purpose and scope ...................... Required measurement procedures....... Standardized measurements required .... Variances 13-30 13-31 13-40 13-42 13-39 13-26 13-38 13-37 Special event variances ............... Variances for time to comply .......... 13-33 13-34 NUDITY Nudity prohibited upon alcohol licensed premises and bottle clubs........... 3-10 NUISANCES Definitions ............................. Duty of owners of buildings to keep sur- 13-1 rounding property clean; notice; fail- ure to comply with notice........... Fire and security alarms ................ See: ALARMS AND ALARM SYSTEMS 13-3 13-51 et seq. General prohibition ..................... Noise .................................. See: NOISE 13-1 13-26 et seq. Procedure for city enforcement of non - imminent hazards ................. Prohibitions ............................ Public nuisance abatement board ........ See: PUBLIC NUISANCE ABATEMENT 13-4 13-2 13-70 et seq. BOARD Skateboarding, roller skating, in -line skat- ing, other similar activities on human - propelled devices, 0 & 0 1 0 6 a 0 14 0 6 4 13-62 Section NUISANCES (Cont'd.) Swimming pool nuisances ............... 6-222 NUMBER Definitions and rules of construction ..... 1-2 G OATH, AFFIRMATION, SWEAR OR SWORN Definitions and rules of construction ..... 1-2 OBSCENITY. See: INDECENCY AND OB- SCENITY OFFENSES Assessment and collection of court costs; use..............................0 11-2 Certain ordinances not affected by Code .. 1-7(1) City -owned shade trees, injuring ......... 11-4 Civil infractions, schedule of ............. 2-69.4 Code does not affect prioroffenses, etc.... 1-9 Repeal of ordinances, effect of............ 1-8 State misdemeanors adopted; penalty .... 11-1 Tree prohibitions ....................... 5-10 Trespass ............................... 11-3 OFFICERS AND EMPLOYEES See: BUILDINGS Certain ordinances not affected by Code .. Code enforcement board inspector........ Code enforcement officers, Code violations 2-67 1-7(18) 2-59 et seq. General penalty; continuing violation; violations as public nuisance ..... Definitions and rules of construction ..... Election supervisor ..................... Emergency management director ........ Floodplain administrator ................ See: FLOOD DAMAGE PREVENTION 2-253 8-31 1-15 1-2 2-81 et seq. et seq. Noise control officer ..................... Old age and survivors' insurance 13-29 Adoption of title II social security act .. Contribution ......................... Custody of fund ...................... Execution of agreement ............... Extension of benefits ................. Record ............................... Pension plan 14-30 1 4-2 8 14-31 14-27 14-26 14-29 Adopted ............................. Board of trustee ...................... Personnel rules or regulations 14-51 14-52 Certain ordinances not affected by Code 1-7(11) Policy, rules and regulations ............. Recall of elected officials ................. 14-1 2-26 OFFICIAL TIME Definitions and rules of construction ..... 1-2 OLD AGE AND SURVIVORS INSURANCE. See: OFFICERS AND EMPLOYEES Supp. No. 19 3127 WINTER SPRINGS CODE Section OPEN-AIR BURNING Regulated .............................. 7-26 0 PAIN MANAGEMENT CLINICS Requirements .......................... 10-181 PARKS AND RECREATION Adult entertainment establishments, sex- ually oriented businesses Prohibited locations .................. City parks and recreational areas 10-101 Airsoft and paintball guns; bb guns.... Alcoholic beverages/tobacco products; 17-117 gambling ....................... Bathing; swimming; scuba diving...... Camping and sleeping ................ Definitions, . 0 0 . 9 0 0 0 0 1 0 4 0 6 0 6 a 0 6 0 d 0 6 6 6 1 Domestic and other animals........... Elrforcement; penatues ............... Fees ................................. Fires ................................ Fireworks; destructive devices; weap- 17-108 17-118 17-111 17-100 17407 17-123 17-121 17-110 ons; other potentially dangerous uses ............................ Glass containers ..................... Horseback riding ..................... Hours of operation and general use .... Hunting/wildlife preservation and con- 17-10b 17-116 17-119 17-101 servation ....................... Injuring, interfering with, etc., build- 17-106 ings and other property.......... 17-114 Interference with personnel/park opera- tions ........................... Noise and other conduct .............. Peddling/distribution of materials ..... Pollution and litter ................... Preexisting rules; conflicts with rules .. Promulgation of rules, . I I I I I 1 6 1 1 1 W I I 1 Removal of natural resources.......... Suspension of use of city park ......... 17-115 17-112 17-113 17-103 17-122 17-120 17-104 17-124 Traffic ............................... Trespass ............................. Concurrency administration and evalua- 17-102 17-109 tion procedure Level of service standards (LOS) for parks and recreation ............ Land development 9-514 Impact fees (police, fire, parks and rec- reation facilities) ................ Parks and recreation advisory committee 9-391 et seq. Creation; composition; appointment of members ....................... Purpose and duties ................... Public grounds 2-45 2-46 Definitions and rules of construction ... Use of city athletic facilities; fees ........ 1-2 2-2 Section PEDDLERS, CANVASSERS AND SOLICI- TORS Alcoholic beverage vendors in town center 3-3 At-home sales .......................... 10-137 City parks and recreational areas Peddling/distribution of materials ..... 17-113 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 ..... 1-2 PHONOGRAPHS Noise provisions ........................ 13-33 A ilVP7I1V lryl LUVD Di VLV11VIli1VT Comprehensive plan Adopted ............................. Compliance .......................... Distribution of copies ................. Comprehensive plan nmendments Advertisement of public hearing, ...... Application deadline, . 0 6 1 1 1 1 1 1 1 9 1 Authority, purpose and intent ......... City commission public hearing process 15-26 et seq. 15-27 15-29 15-39 15-32 15-30 15-38 Effectiveness of the adopted amendment 15-43 Initiation of amendments ............. Local planning agency review and rec- 15-31 ommendation ................... Review 15-37 Criteria ........................... Procedure ......................... Transmittal of adopted amendment to 15-36 15-35 state land planning agency....... Impact fees 15-42 Police, fire, parks and recreation facili- ties ............................. Transportation facilities .............. Land development ...................... See: LAND DEVELOPMENT 9-391 9-386 9-1 et seq. et seq. et seq. Tree protection and preservation Protection during development, construc- tion; periodic inspection.......... Zoning regulations generally ............. See: ZONING 20-1 5-14 et seq. PLATINUM Secondhand precious metals ............. 10-151 et seq. See: SECONDHAND PRECIOUS MET- ALS PLATS. See: SURVEYS, MAPS AND PLATS PLAYGROUNDS Prohibitions ............................ 13-2 Supp. No. 19 3128 PLUMBING Buildings Florida building code Electrical, plumbing, mechanical and gas work ..................... Cross -connection control, backflow preven- See: UTILITIES POLICE DEPARTMENT Emergencies, police .................... . Land development Impact fees (police, fire, parks and rec- reation facilities) ............... . Traffic responsibility ................... . See: MOTOR VEHICLES AND TRAF- FIC POLITICS. See: ELECTIONS PRECEDING, FOLLOWING Definitions and rules of construction . . . . . PRECIOUS METALS. See: SECONDHAND PRECIOUS METALS PRISONS AND PRISONERS Code violations General penalty; continuing violation; violation as public nuisance ..... . PROCEEDINGS. See: SUITS, ACTIONS AND OTHER PROCEEDINGS PROPERTY Abandoned property, disposition by city.. . City -owned personal property Definition ............................ Disposal of surplus property ......... . Identification; records; inventory ..... . Property supervision and control ..... . Surplus property, disposal of ......... . Definitions and rules of construction .... . Fire rescue assessment Collection and use of fire rescue assess- ments Government property .............. Handbill distribution upon residential prop- erty prohibited without consent of owner ............................0 International Property Maintenance Code See: BUILDINGS PUBLIC NUISANCE ABATEMENT BOARD Appeal................................. Composition; term ..................... . Creation of the public nuisance abatement board............................. Definitions ............................ . Enforcement procedures ................. Intent and purpose ..................... Penalties; fines; liens; recording......... . Powers; duties; jurisdiction. . CODE INDEX Section 19-151 et seq. 2-262 9-391 et seq. 12-26 et seq. 1-2 2-1 2-191 2-194 2-192 2-193 2-194 1-2 18-203 16-27 6-300 et seq. 13-71 13-72 13-75 13-70 13-76 13-74 PUBLIC PLACES. See: STREETS AND SIDE- WALKS PUBLIC SERVICE TAX. See: TAXATION PUBLIC WORKS AND IMPROVEMENTS Code violation Penalty by labor on city works ....... . Land development required improvements See: LAND DEVELOPMENT Local improvements Certain ordinances not affected by Code PURCHASING. See: FINANCES RADIOS Noise provisions ....................... . RATIONING Declaration of a state of emergency . . . . . . RECLAIMED WATER SYSTEM. See: UTILI- TIES • RETIREMENT. See: PENSIONS AND RE- TIREMENT ROCKS Land development rock removal ........ . MMAGE SALES RU At-home sales .......................... SCHOOLS Adult entertainment establishments, sex- ually oriented businesses Prohibited locations .................. Alcoholic beverage sales prohibited near . . SECONDHAND PRECIOUS METALS Dealing with persons under age eighteen years prohibited ................... Definitions ............................. Minors Dealing with persons under age eigh- teen years prohibited ............ Storage of articles during waiting period . Transactions, register of. 0 4 0 * 0 0 0 4 0 4 . 9 1 0 Waiting period prior to disposal of certain property. I 1 6 1 1 1 1 1 6 1 0 0 4 0 6 1 0 0 0 6 0 4 6 0 0 Section 1-15 9-176 et seq. 2-255 10-101 3-2 10-155 10-151 SECURITY ALARM Provisions generally, . 13-51 et seq. See: ALARMS, ALARM SYSTEMS SEMINOLE COUNTY. See: COUNTY Supp. No. 19 3129 SEPTIC TANKS Land development, septic tank require- ments ............................. Wastewater system, private septic tanks re SEVERABILITY Severability of parts of Code ............ . SEWERS. See: UTILITIES SHALL, MAY Definitions and rules of construction .... . BERY SIDEWALKS. See: STREETS AND SIDE- WALKS SIGNATURE, SUBSCRIPTION Definitions and rules of construction .... . SIGNS AND ADVERTISING 911 emargPnev rPsnense systam Applications; permit fees; review period; approval criteria; appeals.......... . Building permit required ............... . Construction and maintenance standards. Definitions ............................. Exemptions from permit requirements .. . Handbills and procedures, distribution of Aiding and abetting prohibited ....... . Exemptions from provisions .......... . Findings of fact ..................... . Granting of variances ................ . Residential property, distribution upon prohibited without consent of owner Vehicles in public places, distribution on orin prohibited ................. Loudspeakers Noise disturbances prohibited Specific provisions ................ . Motor vehicles and traffic Red light code enforcement infraction Signage........................... Nonconforming signs .................... Prohibited signs ........................ Purpose and intent ..................... Skateboarding, roller skating, etc. Prohibition signs ..................... Standards Banners ............................. Bench signs .......................... Changeable copy signs; electronic mes- sage centers .................... Enforcement ........................0 Generally''..''., Implied consent ...................... Limitations on certain on -premises signs including attached to buildings .. . Outdoor display/billboards Off -premises signs prohibited ...... . Severability .......................... WINTER SPRINGS CODE Section SIGNS AND ADVERTISING (Cont'd.) Special supplemental regulations for 9-107 properties located on State Road 19-29 434 ............................. Supplemental sign regulations ....... . Viewpoint neutral ................... . 1-13 Weather ............................. Supplemental temporary sign requirements Traffic signs ............................ Urban beautification ................... . 1-2 See: URBAN BEAUTIFICATION Waiver................................. Section 16-82 16-79 16-91 16-88 16-60 12-67 2-76 et seq. SILVER Secondhand precious metals ............. 10-151 et seq. See: SECONDHAND PRECIOUS MET- ALS 1-2 SIRENS Noise provisions ........................ 13-32 16-61 SKATEBOARDING, ROLLER SKATING, E'1'O. 16-54 Prohibition; signs ....................... 13-62 16-53 SLOT MACHINES, DEVICES 16-59 Prohibited; exceptions, .................. 10-115 16-51 16-55 SODDING Land development requirements ......... 9-160 16-29 SOIL 16-30 Land development soil removal .......... 9-8 16-26 16-31 SOLICITORS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS 16-27 SPRINKLER SYSTEMS 16-28 Automatic fire sprinkler systems Florida Fire Prevention Code, local amendment to .................. 7-60 13-31(b) STAGNANT WATER Property owner responsibility re ......... 13-2(e) 12-89 STATE 16-56 Definitions and rules of construction ..... 1-2 16-57 Florida Building Code, administrative 16-52 amendments to. See: BUILDINGS Florida Fire Prevention Code, local amend- 13-62(d) mentto ........................... 7-46 et seq. See: FIRE PREVENTION AND PRO- 16-87 TECTION 16-85 STORAGE 16-81 Temporary storage structures............ 6-87 16-89 STORMWATER 16-76 Stormwater management utility 19-161 et se 16-90 g Y ......... q. See: UTILITIES 16-80 STREETS AND SIDEWALKS Access control .......................... 17-29 16-77 City parks and recreational areas ........ 17-100 et seq. 16-92 See: PARKS AND RECREATION Supp. No. 10 3130 STREETS AND SIDEWALKS (Cont'd.) Code violation Penalty by labor on street, . Dedicating, naming, establishing, etc., streets Certain ordinances not affected by Code Definitions and rules of construction .... . Excavations Barricades, erection and lighting of ... . Bond required, . 0 0 0 0 . 4 0 0 * 0 6 a 0 4 0 6 6 4 1 Duty and liability of permit holder.... . Erection and lighting of barricades ... . Inspection ........................... Permit required ...................... Fences, etc., limitations for streets ...... . Flood damage control ................... Grades Certain ordinances not affected by Code Handbill distribution in public places pro- hibited............................ Intersections, obstruction of vision at.... . Land development requirements for streets, alleys, bridges, etc.... .* 0 *0 .* .*q .# . See: LAND DEVELOPMENT Littering Generally ............................ Prohibited ........................... Locating, opening, paving, etc., streets Certain ordinances not affected by Code New street; permit required ............ . Obstructions Street intersections, vision at ........ . Streets and sidewalks; permit required Permits Awnings erected over sidewalks, per- mits re ........................0 See herein: Sidewalks Excavation permits Duty and liability of permit holder . . Generally ......................... New street; permit required.......... . Obstructing streets and sidewalks; per- mit required .................... Public places Definitions and rules of construction .. . Rights -of -way permit fee election........ . Sidewalks At-home sales ........................ Definitions and rules of construction .. . Land development requirements...... . Permit for erection of awnings, etc., over sidewalks Fee............................... Required; application ............. 0 Transportation impact fees ............. . See: LAND DEVELOPMENT Trees and shrubbery, removal prohibited . Uniform building numbering system .... . See: BUILDINGS Section Section STREETS AND SIDEWALKS (Cont'd.) Urban beautification ................... 0 2-76 et seq. 1-15 See: URBAN BEAUTIFICATION Vacating and abandoning streets and al- leys ............................... 17-27 1-7(5) Violations, penalties. I 1 4 1 0 q I q 0 q 1 4 q V I I I 1 1 17-31 1-2 Widening, vacating, etc., streets Certain ordinances not affected by Code 1-7(5) 17-80 SUBDIVISIONS 17-77 Certain ordinances not affected by Code .. 1-7(10)1 (12) 17-79 Flood damage control standards ......... 8-51 17-80 Land development ...................... 9-1 et seq. 17-78 See: LAND DEVELOPMENT 17-76 Zoningregulations generally, 20-1 et se 6-191 g g Y............. q. See: ZONING 8-2 SUBSCRIPTION, SIGNATURE 1-7(6) Definitions and rules of construction ..... 1-2 16-29 SUITS, ACTIONS AND OTHER PROCEED- 17-30 INGS Repeal of ordinances, effect of............ 1-8 9-146 et seq. SURETY BONDS. See: BONDS, SURETY OR PERFORMANCE 13-2 SURVEYS, MAPS AND PLATS 17-28 Certain ordinances not affected by Code.. 1-7(10) Land development platting requirements. 9-1 et seq. 1-7(5) See: LAND DEVELOPMENT 17-26 Zoning map Certain ordinances not affected by Code 1-7(15) 17-30 Working maps and procedures......... 20-102 17-1 SWEAR OR SWORN. See: OATH, AFFIRMA- TION, SWEAR OR SWORN 17-51 et seq. SWIMMING City parks and recreational areas Bathing; swimming; scuba diving...... 17-118 17-79 SWIMMING POOLS 17-76 Buildings 17-26 Florida building code Electrical, plumbing, mechanical and 17-1 gas work ..................... 6-101 Conflict with deed restrictions ........... 6-223 1-2 Contractor's qualifications ............... 6-214 18-31 Definitions ............................1 6-211 Florida Building Code ................... 6-210 10-137 Inspections ............................. 6-213 1-2 Nuisances .............................. 6-222 9-221 Permit, application; plans and specifica- tions .............................. 6-212 Pool removal ........................... 6-220 17-52 Yards .................................. 6-219 17-51 9-386.1 et seq. T 17-28 TAXATION 9-370 et seq. Annual fire rescue assessments. 18-151 et seq. See: FIRE RESCUE ASSESSMENT Supp. No. is 3131 TAXATION (Cont'd0 Certain ordinances not affected by Code . . Fire and emergency medical services Inclusion in Seminole County's fire and emergency services MSTU ...... . Local business tax receipts Limitation on term; half -year receipts. . Local business tax receipts established. Receipt year established .............. Transfer of receipt, 1 0 4 1 0 . Local improvements assessments Alternative method ................... Assessed areas and advisory committees Creation of advisory committees ... . Definition of assessed areas........ . Landowner petition process........ . Collection of assessments Alternative method of collection.... . Government property .............. Method of collection ................ Rn" , n J,h;h .> fm enfe ^nt ..... . Definitions.,'...'' 6161,61,61,46 Generalfindings ..................... Interpretation; title and citation, . Issuance of obligations Anticipation notes ................ . General authority, Refunding obligations ............. . Remedies of holders. 0 Taxing power not pledged ......... . Temporary obligations .............. Terms of the obligations ........... . Trust funds, 1 6 6 1 1 1 0 1 1 1 6 1 1 1 1 1 1 1 1 6 6 1 1 Variable rate obligations . . . . . . . . . . . Local improvement assessments Adoption of final local improvement assessment resolution, V 0 6 0 0 a 0 . Annual local improvement assess- ment resolution. Authority ......................... Correction of errors and omissions . . Effect of local improvement assess- ment resolutions. I I I I I I I 1 0 1 1 1 . Initial local improvement assessment resolution .................... Lien of assessments, 1 0 0 1 4 0 4 0 4 4 1 1 0 4 0 Local improvement assessment roll . Notice by Mail.''.. Publication .................... . Procedural irregularities .......... . Revisions to ....................... Related service assessments Adoption of final related service as- sessment resolution. I I I I I I I I 1 . Annual related service assessment res- olution ....................... Authority ......................... Correction of errors and omissions . . WINTER SPRINGS CODE Section Section TAXATION (Cont'd.) 1-7(7) Effect of related service assessment resolutions ................... 18-76 Initial related service assessment res- 7-1 olution....................... 18-70 Lien of assessments. 18-77 10-28 Notice by 10-29 Mail ............................ 18-73 10-27 Publication ..................... 18-72 10-30 Procedural irregularities ........... 18-79 Related service assessment roll ..... 18-71 18-94 Revisions to related service assess- ments ........................ 18-78 18-55 Municipal public service tax 18-54 Collection by seller ................... 18-28 18-56 Exemptions .......................... 18-27 Interest and penalties ................ 18-30 18-82 Levy ................................ 18-26 18-84 Rights -of -way permit fee election ...... 18-31 18-81 Seller's records ....................... 18-29 �R..83 rTl A n Tlf/lT/\T <TnTTT/TT9 A T, 1L7[il V<1l.)U. Ul'.l'.. 1V1V 1 Vl� V JJ111V LL'L �.J VD 18-51 TRAFFIC 18-53 18-52 TELEGRAPH Public service tax ....................... 18-26 et seq. ] 8.89 See: TAXATION 18-85 TELEPHONES 18-93 Emergency telephone number............ 13-55 18-92 Flood damage control ................... 8-2 18-90 Public service tax ....................... 18-26 et seq. 18-88 See: TAXATION 18-86 18-91 TELEVISION 18-87 Dish antenna, V 9 4 4 0 1 0 4 6 4 0 4 0 0 6-83 TERRITORY Annexations 18-62 Certain ordinances not affected by Code 1-7(9) 18.63 THEATERS 18-57 Adult entertainment establishments ..... 10-55 et seq. 18-68 See: ADULT ENTERTAINMENT ES- TABLISHMENTS, SEXUALLY 18-64 ORIENTED BUSINESSES 18-58 TOBACCO AND TOBACCO PRODUCTS 18-65 City parks and recreational areas 18-59 Alcoholic beverages/tobacco products; gambling ....................... 17-108 18-61 TRAFFIC. See: MOTOR VEHICLES AND 18-60 TRAFFIC 18-67 18-66 TRAILERS. See: MOBILE HOMES AND MO- BILE HOME PARKS TRASH. See: GARBAGE AND TRASH 18-74 TREES AND SHRUBBERY 18-75 Injuring city -owned shade trees .......... 11-4 18-69 Land development 18-80 Clearing rights -of -way of trees ........ 9-129 Supp. No. 19 3132 CODE INDEX Section Section TREES AND SHRUBBERY (Cont'd.) UTILITIES (Cont'd.) Streets, removal of trees and shrubbery on 17-28 Cross -connection violations and penal - Tree protection and preservation ties. . I I I I I I I 1 6 1 1 1 19-156 Applicability ......................... 5-1 Inspection and testing, right of access.. 19-154 Authorization to adopt rules, regula- Intent ............................... 19-150 tions, fees for implementation .... 5-19 Manual adopted by reference; compli- Calculating tree protection zone, (App. ante required ................... 19-151 C to Chap. 5) Fees. See herein: Rates, Fees and Charges City arbor division. 5-5 Fences, walls, etc., for utility easement ... 6-192 Definitions ........................... 5-3 Flood damage prevention requirements re Desirable trees, (App. B to Chap. 5) utilities ........................... 8-1 et seq. Development, construction, protection See: FLOOD DAMAGE PREVENTION during; periodic inspection. 5-14 Garbage service to be provided for certain Enforcement; penalties ............... 5-18 tenants ........................... 19-1 Intent, purpose, . 1 0 o 1 0 5-2 Land development Minimum tree requirement ........... 5-13 Utilities services to be underground, ex - Permit required: tree removal, land clear- ception ......................... 9-104 ing; separate violations; criteria; Water and sewer systems, requirements contractor permit required ....... 5-4 for ............................. 9-261 Application, permit ................ 5-6 Permits Contents; expiration; removal after Industrial wastewater contribution per - expiration of permit........... 5-12 Prohibitions, . 0 9 4 0 5-10 Remedial action ...................... 5-17 Public service tax ....................... 18-26 et seq. See: TAXATION Specimen, historic trees, . 5-8 Rates, fees and charges Tree protection area signage, (App. D to Chap. 5) Wastewater system ................... 19-91 et seq. Tree pruning standards ............... 5-7 See herein: Wastewater System Tree replacement guidelines........... 5-9 Reclaimed water system Undesirable trees, (App. A to Chap. 5) Definitions ........................... 19-136 Voluntary tree planting ............... 5-15 Inspection ........................... 19-140 Waivers; incentive program and appeals 5-16 Rates and charges .................... 19-138 Routing and construction ............. 19-137 TRESPASSING Service procedures, regulations........ 19-139 Conditions constituting trespassing ...... 11-3 Promulgation, enforcement of....... 19-139 Utility protection, enforcement Septic tanks Trespass ............................. 19-303 Private septic tanks re wastewater sys- tem ............................ 19-29 U Sewers. See herein: Wastewater System URBAN BEAUTIFICATION Solid waste services; rates; penalties and enforcement for nonpayment........ 19-2 City manager's duties; use of existing city Stormwater management utility boards and committees ............. 2-77 Adjustment of fees ................... 19-166 Master beautification plan; recommenda- tions to city commission ............ 2-78 Billing, payment, penalties, enforce- ment ........................... 19-165 Purpose and intent ..................... 2-76 Definitions........................... 19-162 UTILITIES Director (of public works) Charges. See herein: Rates, Fees and Powers, duties, responsibilities...... 19-168 Charges Discharges into natural waters, munic- Concurrency administration and evalua- ipal storm sewer system ......... 19-170 tion procedure Enforcement, penalties, legal proceed - Level of service standards (LOS) ...... 9-510 et seq. ings ............................ 19-175 See: LAND DEVELOPMENT Fee created .......................... 19-163 Cross -connection control, backflow preven- High risk screening, . o 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 & 19-174 tion Illicit discharges, connections (prohibi- Administration ....................... 19-153 tion),........................... 19-171 Backflow prevention devices Industrial, commercial, construction ac- Installation, testing and maintenance tivities; stormwater discharges from 19-170.5 of ............................ 19-155 Inspection, monitoring for compliance, Changes to manual, . 19-152 operational maintenance......... 19-173 Supp. No. 19 3133 WINTER SPRINGS CODE Section Section UTILITIES (Cont'd.) UTILITIES (Cont'd.) Interconnected municipal storm sewer Sewerage revenue generation system systems Accountant certification of adequate Control of pollutant contributions fiom 19-172 maintenance ................. 19-129 Prohibited acts, generally ............. 19-169 Accounts established............... 19-126 Purp os e ; intent....................... 19-161.5 Deposits .......................... 19-127 Rates, schedule of .................... 19-164 Expenditures...................... 19-128 Stormwater management utility fund .. 19-167 Use of wastewater system, V I 1 0 1 0 4 0 t 0 6 0 19-27 Title ................................. 19-161 Water conservation and landscape irriga- Utility protection, enforcement tion .............................. 1 19-251 et seq. Enforcement . . ...................... 0 19-304 See: WATER CONSERVATION AND Meters furnished by, remain property of LANDSCAPE IRRIGATION city; all water must pass through Water shortage conditions and shortages meter, ......................... 0 19-300 Application of this article ............ 1 19-202 Right of entry of authorized agents, em- Definitions ........................... 19-201 ployees ......................... 19-301 Enforcement ........................1 19-205 Tampering with city utility system .... 19-302 Exception ............................ 19-206 Trespass ............................. 19-303 Implementation...................... 19-203 Wastewater system Intent and purpose ................... 19-200 Accidental discharge protection........ 19-74 Penalties ............................ 19-207 CharaeG See herein• ROP.o Ti Pps 9nd Water use constitutes acceptance of pro - Charges visions of the article ............. 19-208 Contaminants prohibited, 19-72 Water uses, surcharges and factors con - Contaminants 19-204 Definitions ........................... 19-26 ......................... Discharges prohibited, 1 6 1 19-71 Enforcement ......................... 19-53 V Enforcement board .................. 4 19-30 VEHICLES. See: MOTOR VEHICLES AND Fees. See herein: Rates, Fees and Charges TRAFFIC Industrial wastewater contribution per- mit ............................. 19-52 VENDORS. See: PEDDLERS, CANVASSERS Inspection and monitoring ............ 19-51 AND SOLICITORS Penalties and charges ................ 19-31 VOTES, VOTING. See: ELECTIONS Pretreatment ........................ 19-73 Private septic tanks .................. 19-29 Public sewers, required use of ......... 19-28 W Rates, fees and charges WALLS. See: FENCES, WALLS, HEDGES Annual rate review ................ 19-99 AND ENCLOSURES Appeals ........................... 19-98 Application requirements........... 19-100 WARES. See: GOODS, WARES OR MER- Billing, payment, delinquency ...... 19-97 CHANDISE Conservation methods, I M 0 0 0 0 0 * 19-94 WARRANTS. See: WRITS, WARRANTS AND Definitions ........................ 19-91 OTHER PROCESSES Intent ............................. 19-92 Office hours ....................... 19-101 WASTEWATER. See: UTILITIES Penalties and charges .............. 19-31 Policy for bill adjustments for unex- WATER AND SEWERS. See also: UTILITIES plained excessive use.......... 19-98.5 Concurrency administration and evalua- Revenue 19-95 tion procedure Sewerage revenue generation system Level of service standards (LOS) ...... 9-510 et seq. Accountant certification of ade- See: LAND DEVELOPMENT quate maintenance ......... 19-129 Declaration of a state of emergency; water Accounts established 19-126 use restrictions .................... 2-255 ............ Deposits ...........19-127 Reclaimed water system ................. 19-136 et seq. ............. Expenditures 19-128 See: UTILITIES p Water shortage conditions and shortages . 19-200 et seq. User charge See: UTILITIES Generally, 19-96 Schedule, V I I a I I I I I I I I I 1 6 1 6 1 1 1 1 1 19-102 WATER CONSERVATIONAND LANDSCAPE System ........................1 19-93 IRRIGATION Septic tanks, private, V 4 0 M 0 0 4 0 4 0 M 0 M 0 0 0 0 19-29 Definitions ............................. 19-252 Supp. No. 19 3134 CODE INDEX Section WATER CONSERVATION AND LANDSCAPE IRRIGATION (Cont'd.) Enforcement, . 19-255 Exceptions ............................. 19-254 Landscape irrigation schedules, variances, 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 ................ 84 et seq. See: FLOOD DAMAGE PREVENTION Prohibitions ............................ 13-2 WEAPONS. See: FIREARMS AND WEAP- ONS 1i�+IDI:VYa�17 Weather emergencies .................... 2-261 WEEDS Accumulation or untended growth of ..... 13-2(c) WILDLIFE City parks and recreational areas Hunting/wildlife preservation and con- servation ....................... 17-106 WINE. See: ALCOHOLIC BEVERAGES WINTER SPRINGS. See: CITY WRITS, WARRANTS AND OTHER PRO- CESSES Subpoenas Code enforcement board powers ....... 2-61 WRITTEN, IN WRITING Definitions and rules of construction ..... 1-2 Y 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, 0 & 4 0 0 4 4 0 20-1 et seq. See: ZONING YEAR Definitions and rules of construction .... . da Section Supp. No. 19 3135 CODE INDEX Section Section ZONING (Cont'd.) ZONING (Cont'd.) R-1 One -Family Dwelling District R-T Mobile Home Park Districts, appli- B uilding height regulations ........... 20-184 cation for rezoning .............. 20-316 Building site area regulations ........ 0 20-185 Waiting period for .................... 2-117 Conditional uses .................... a 20-183 R-T Mobile Home Park Districts Front, rear and side yard regulations .. 20-186 Construction, application ............. 20-317 Generally ............................ 20-181 Definition of terms ................... 20-311 Lot coverage ......................... 20-187 Description of district................. 20-312 Off-street parking regulations ......... 20-189 Minimum development standards and Use, area and yard exceptions......... 20-188 requirements, . 61 11 614 20-318 Uses permitted ....................... 20-182 Prohibited uses ...................... 20-315 R-1AA and R-lA One -Family Dwelling Dis- Rezoning, application ................ 1 20-316 tricts Special accessory uses ................ 20-314 Building area regulations ............. 20-165 Special requirements. 20-319 Building height regulations ........... 20-164 Uses permitted ....................... 20-313 Conditional uses ..................... 20-163 R-U Rural Urban Dwelling Districts Designation .......................... 20-161 Building height regulations ........... 20-269 Front, rear and side yard regulations .. 20-166 Building site area regulations ......... 20-270 Lot coverage ........................a 20-167 Conditional uses ..................... 20-268 Off-street parking regulations ......... 20-169 Front, rear and side yard requirements 20-271 Use, area and yard exceptions......... 20-168 Generally ............................ 20-266 Uses permitted ....................... 20-162 Lot coverage ......................... 20-272 R-I.AAA Single -Family Dwelling Districts Off-street parking regulations ......... 20-273 Building area regulations ............. 20-125 Uses permitted....................... 20-267 Building height regulations........... 20-124 Scope of provisions ...................... 20-4 Conditional uses ..................... 20-123 Sexually oriented businesses Designation .......................... 20-121 Generally............................ 10-100 Front, rear and side yard regulations .. 20-126 Side yard regulations. See herein: Yards Lot coverage ........................a 20-127 and Open Spaces Off-street parking regulations ......... 20-128 Site development standards Uses permitted ....................... 20-122 Planned unit development ............ 20-353 R-3 Multiple -Family Dwelling Districts Special accessory uses Building area regulations ............. 20-210 R-T Mobile Home Park Districts....... 20-314 Building height regulations ........... 20-209 S.R. 434 corridor overlay plan Conditional uses ..................... 20-208 Creation............................. 20-462 Designation .......................... 20-206 General design standards for new devel- Front, rear and side yard regulations .. 20-211 opment area Lot coverage ......................... 20-212 Applicability to new development over - Off -street parking regulations ......... 20-213 lay zoning district. . 20-463 Uses permitted. . I I a I I I I I & 6 1 4 1 1 0 0 4 0 4 0 0 20-207 Buffers and walls .................. 20-469 R-CI Single -Family Dwelling Districts Building and screening design guide - Building area regulations ............. 20-145 lines......................... 20-473 Building height regulations ........... 20-144 Building height .................... 20-464 Conditional uses ..................... 20-143 Corridor access management ....... 20-472 Designation .......................... 20-141 Development agreement............ 20-474 Front, rear and side yard regulations .. 20-146 Land coverage ..................... 20-466 Lot coverage ......................... 20-147 Landscaping....................... 20-468 Off-street parking regulations ......... 20-148 Off-street parking and driveway re - Uses permitted ....................... 20-142 quirements................... 20-467 Rear yard regulations. See herein: Yards Setbacks .......................... 20-465 and Open Spaces Utility lines ....................... 20-471 Residentially zoned districts, parking, stor- General design standards for redevelop - age or maintenance of certain vehi- ment area cles prohibited in .................. 20-431 Applicability to redevelopment over - Restrictions upon lands, buildings and strut- lay zoning district, I I I I I I I I I I 1 1 20-480 tires .............................. 20-103 Buffers and walls.................. 20-485 Rezoning Building and screening design guide - Land use decisions (procedures)....... 20-31 lines ......................... 20-489 Official zoning map, working maps, pro- Building height .................... 20-481 cedures ......................... 20-102 Corridor access management ....... 20-488 Supp. No. 19 3139 WINTER SPRINGS CODE Section Section ZONING (Cont'd.) ZONING (Cont'd.) Development agreement............ Intent ............................. Landscaping, 1 0 4 6 0 6 4 0 6 0 6 1 6 1 61 1 1 1 1 11 Off-street parking and driveway re- quirements ................... Setbacks .......................... Utility lines ....................... Storage, outdoor Supplemental requirements in C-2 Gen- 20-490 20-461 20-484 20-483 20482 20-487 C-3 Highway 17-92 Commercial District CC Commerce Center District,........ I-1 Light Industrial District........... R-1 One -Family Dwelling District ..... R-lAA and R-lA One -Family Dwelling Districts........................ R-lAAA Single -Family Dwelling Dis- tricts ........................... R-3 Multiple -Family Dwelling Districts 20-346.1 20-345.1 20-259 20-182 20-162 20-122 20-207 eral Commercial and Industrial Dis- tricts ........................... Storage, repair, etc., of disabled motor ve- hicles; approved ..................0 Supplemental District regulations 20-256 20-433 R-CI Single -Family Dwelling Districts . R-T Mobile Home Park Districts....... R-U Rural Urban Dwelling Districts ... T-1 Trailer Home Districts ............ Variances 20-142 20-313 20-267 20-292, 20-294 Animals ............................. Exceptions ........................... Gasoline stations ..................... Home occupations or home offices. See 20-413 20-414 20-418 Expiration of variance approvals ...... Land use decisions (procedures) Violation, penalty....................... Waivers 20-36 20-32 20-6 herein that subject Kennels zoning. I 1 0 1 4 9 W 4 0 4 1 * 0 6 1 4 1 1 6 0 11 Motor vehicles. See herein that subject 20-416 Expiration of waiver approvals ........ Land use decisions (procedures) ....... Yards and open spaces 20-36 20-34 Pill mills ............................ Residential wall buffers required ...... Secondary metals recyclers and similar 20-421 20-417 C-1 Neighborhood Commercial Districts R-1 One -Family Dwelling District Front, rear and side yard regulations 20-237 20486 non -hazardous recyclers ......... Telecommunications towers. See herein 20-420 Use, area and yard exceptions . . . . . . R-1AA and R-lA One -Family Dwelling 20-188 that subject Trailers In residential areas ................ Uses .............................. T-1 24•ailer Home Districts 20-411 20-412 Districts ........................ Use, area and yard exception ...... 6 R-lAAA Single -Family Dwelling Dis- tricts........................... R-3 Multiple -Family Dwelling Districts 20-166 20-168 20-126 20-211 Building site area regulations ......... Description of district. I I I I I I I I I I 1 0 4 0 1 4 Minimum front, rear and yard regula- tions ........................... Permits .............................. Special requirements ................. Uses permitted, 1 9 0 6 6 1 6 1 6 1 6 1 1 1 1 1 1 1 1 Telecommunications towers 20-295 20-291 20-296 20-293 20-297 20-292, 20-294 R-CI Single -Family Dwelling Districts . R-U Rural Urban Dwelling Districts ... T-1 Trailer Home Districts ............ Zoning board. See herein: Planning and Zoning Board Zoning map Certain ordinances not affected by Code 20-146 20-271 20-296 1-7(15) Siting and regulation of telecommunica- tion towers, 1 0 6 0 0 6 6 6 6 0 1 1 1 1 1 1 1 1 1 1 1 Town Center District Code 20-451 Administration, 1 0 1 4 6 0 0 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Architectural guidelines .............. Building elements .................... Definitions, 1 0 4 4 9 4 M 0 6 0 1 0 6 1 1 1 1 1 1 1 1 1 1 1 1 4 General provisions ................... Intent ............................... Permitted uses.... Signs ................................ 741ansect standards ................... Use, area and yard exceptions 20-321 20-327 20-326 20-322 20-324 20-320 20-323 20-327.1 20-325 R-1 One -Family Dwelling District ..... R-1AA and R-lA One -Family Dwelling 20-188 Districts ........................ Uses permitted 20-168 C-1 Neighborhood Commercial Districts 20-232 C-2 General Commercial and Industrial Districts ........................ 20-252 Supp. No. 19 3140 e