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HomeMy WebLinkAboutSupplement No.16SUPPLEMENT N0. 16 February 2011 City of WINTER SPRINGS, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2010-21, enacted September 13, 2010. See the Code Comparative Table for further information. Included in the Charter is: Ordinance No. 2010-19, enacted August 9, 2010. See the Charter Comparative Table for further information. Remove Old Pages Checklist of up-to-date pages 1-14 67 133-144 365-368 377-382 389, 390 561-564.4 589-592 627, 628 815, 816 824.1-828 933, 934 1229, 1230 1253-1260 1263, 1264 1305, 1306 1311-1330 1335-1336.4 hzsert New Pages x—xiv i Checklist of up-to-date pages (following Table of Contents) SHA(following Checklist of up-to-date pages) 1-14 67 133-144.6 365-368 376.3-382 389, 390 561-564.4 589-592 627-628.2 815, 816 825-830 933, 934 1229, 1230 1252.1-1260 1263-1268 1305, 1306 1311-1330 1335-1336.4 1341-1342.2 1341-1342.2.2 INSTRUCTION SHEET-Contd. Remove Old Pages Irzser t New Pages 1342.37, 1342.38 1342.37-1342.38.2 1351, 1352 1351-1352.2 1363, 1364 1363-1364.2 1373, 1374 1373, 1374 1378.1-1380 1379-1380.4 1387-1392.2 1387-1390 2101, 2102 2101, 2102 2145, 2146 2145, 2146 2197-2199 2197-2199 3111-3116 3111-3116.1 3129-3138 3129-3138 3141-3145 3141-3141; Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. PO Box 2235 Tallahassee, FL 32316 CC 8M262-2633 • Fax: 85M75-8852 Municode.com o info@municode.com TABLE OF CONTENTS Page Current Officials of the City .................................. iii Preface..................................................... v Adopting Ordinance ......................................... vii Checklist of UpAo-Date Pages ................................ Ill Supplement History Table ................................... SH:1 CHARTER 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..,.. . 4 a 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. * . v 0 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.... 0 4 a 0 137 Art, II. City Commission. 138 Art. III. Boards, Committees, Commissions........... 138 Div. 1. Generally ............................... 138 Div. 2. Code Enforcement ....................... 142 Subdiv. A. Board ........................... 142 Subdiv. B. Citations ........................ 144.2 Div. 3. Reserved ................................ 144.6 Div. 4. Beautification Board ..................... 144.6 Art. IV. Elections ................................... 145 Art. V Annexations and Rezoning ................... 148 Supp. No. 16 iX WINTER SPRINGS UUIM Chapter Page Art. VI. Finance .................................... 148 Div. 1. Generally ............................... 148 Div. 2. Purchasing .............................. 148 Div. 3. City -Owned Personal Property, ........... 148.1 Art. VII. Emergency Management ................... 149 Div. 1. Generally ............................... 149 Div. 2. Conditions of Emergency ................. 152 3. Alcoholic Beverages.....................................4 203 4. Animals......... V440409mod moo be 0 4 p 0 s 0 m a 0 6 0 0 9 0 0 p p 0 0 0 257 5. Tree Protection and Preservation ......................... 309 App. A. Undesirable Trees ......................... a 327 App. B. Desirable Trees ............................. 329 App. C. Caculating Tree Protection Zone ............. 334 App. D. Tree Protection Area Signage...............0 353 6. Buildings and Building Regulations ....................... 365 Art. I. In General ................................... 369 Art. II. Administration .............................. 369 Div. 1. Generally ..............................0 369 Div. 2. Reserved, Opp 0 0 0 0 0 m 0 4 6 4 0 m s 0 4 a 376.3 Art. III. Building Construction Standards ............ 376.3 Art. IV. Electricity .................................. 381 Art. V. Plumbing..................................0 381 Art. VI. Mechanical. . 0 6 d 9 0 0 a * 0 p 9 0 0 d p 9 0 0 4 p 9 0 0 0 p 0 0 0 0 382 Art. VII. Unsafe Buildings ......................... 0 382.1 Art. VIII. Fences, Walls, Hedges .................... 6 382.2 Art. IX. Swimming Pools ............................ 382.4 Art. X. Gas Code ................................... 386 Art. XI. Reserved.............. 0 V 0 9 0 0 p 0 0 0 0 p 4 0 s 0 4 p m a 386 Art. XII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit .................... 386 Art. XIII. International Property Maintenance Code .. 389 7. Fire Prevention and Protection ........................... 433 Art. I. Fire and Emergency Medical Services ......... 435 Art. II. In General .................................. 435 Art. III. Local Amendment to the Florida Fire Preven- tionCode .................................. 436 Art. IV. Fire Hydrants .............................. 437 8. Flood Damage Prevention ................................ 493 Art. I. In General ................................... 495 Art. II. Administration, . 501 Art. III. Standards ................................. 504 9. Land Development, . 0 W 0 p 9 0 555 Art. I. In General. . a 0 561 Art. II. Procedure for Securing Approval of Plans and Plats....................................... 564.2 Div. 1. Generally .............................. 0 564.2 Supp. No. 16 g TABLE OP CONTENTS-Cont'd. Chapter Page Div. 2. Preliminary Plan ........................ 564.2 Div. 3. Final Development Plan, Final Plat ....... 566 Art. III. Design Standards ......................... a 569 Div. 1. Generally ............................... 569 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................................0 584.1 Div. 6. Off -Street Parking and Loading ........... 585 Div. 7. Dumpsters .............................. 591 Art. V. Design Standards. . 9 a 4 ago* a a a 4 a 0 9 W 0 4 0 W 6 0 0 0 a 0 a 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 ............................. 0 607 Div. 1. Generally ............................... 607 Div. 2. Transportation Facilities ................. 607 Div. 3. Police, Fire, Public Buildings and Parks and Recreation .............................. 627 Div. 4. Reserved...............................0 632 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.. 0 a a a 0 a a a 0 0 a a 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 a 4 0 a 4 4 a too* 04*00 649 10. Licenses and Business Regulations ...................... 693 Art. I. In General. . a 0 a a a 0 a 1 0 0 a 0 a a 0 a 1 0 a 0 a a 4 0 a a 4 a 4 4 0 0 a 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 11. Miscellaneous Offenses. . a a 0 9 6 a a a 1 0 a 0 1 0 a 0 4 0 & 9 W a a a 9 1 6 0 9 0 0 761 12. Motor Vehicles and Traff"is ............................... 815 Art. I. In General.......... 4 0 6 817 Supp. No. 16 xi WINTER SPRINGS CODE Chapter Page Art. II. Administration, boo stoot 9 0 0 4 0 s 6 818 Art. III. Regulations ................................ 820 Div. 1. Generally ..............................9 820 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.... m 0 9 m a 0 4 a a 4 4 0 a 0 0 0 a 0 0 0 a 0 V 0 s 0 0 9 0 875 Art. II. Noise, boo memos@ s 0 0 9 0 0 0 9 0 0 6 4 0 # # V 9 0 V 9 a 0 4 879 Div. 1. Generally ............................... 879 Div. 2. Powers and Duties of Noise Control Officer 880.1 Div. 3. Prohibited Acts .......................... 880.2 Div. 4. Exceptions and Variances ................ 880.4 Div. 5. Sound Levels by Receiving Land Use ...... 880.5 Div. 6. Measurement Procedures, . 0 0 0 s 6 F # 0 & V 0 0 0 1 4 880.6 Div. 7. Enforcement, . 0 go 6 0 V s & 4 9 a a 4 V 0 0 d # 0 0 0 V 0 s 0 0 a 880.7 Art. III. Fire and Security Alarms ................... 880.8 Art. IV. Miscellaneous Nuisances ................... 9 881 Art. V. Public Nuisance Abatement Board ............ 882 14. Personnel....... mq%s##Vom $*a @out 9469m0000m* 0 9 0 0 9 0 s # V 0 6 931 Art. I. In General, . a 0 0 W V 0 0 W V 9 sombootoo* V 9 m # V 0 0 0 9 a # V 933 Art. II. Old Age and Survivors Insurance, 0 # 0 0 V # 0 V a 0 0 0 933 Art. III. Pension Plan. o 9 & 0 0 v 9 0#4@4*v000* 0 0 0 0 a 0 9 0 # V 934 15. Planning., V boo Be mom 000 mom offoosmo*V9 6 0 0 9 0 0 0 0 s V 9 985 Art. I. In General. 0 m 0 V 0 0 0 a 987 Art. II. Comprehensive Plan ......................... 987 Art. III. Comprehensive Plan Amendments ........... 987 16. Signs and Advertising. . 9 s 0 t a 0 0 V 0 0 0 * 9 9 0 0 0 9**V* 6 a 1041 Art. I. In General.... . 04000 mos64 *mom stood 0 0 0 s 0 V 9 0 0 4 1043 Art. II. Distribution of Handbills and Periodicals ..... 1043 Art. III. Signs ...................................... 1045 Div. 1. Generally ............................... 1045 Div. 2. Standards.* s V V 0 * 6 0 0 4 mom* F 0 0 s 0 a 0 0 V 0 9 0 6 0 m 0 1051 17. Streets, Sidewalks and Other Public Places. 0 0 9 0 0 0 4 0 0 0 0 9 4 V 1101 Art. I. In General, . * V m 0 V 0 9 6 0 9 0 0 9 0 0 0 0 0 V 0 0 V 0 0 6 0 9 0 0 1103 Art. II. Streets ..................................... 1103 Art. III. Sidewalks .................................. 1105 Art. IV. Excavations ................................ 1105 18. Taxation ............................................... 1157 Art. I. In General,. V 9 & 0 V 0 9 m 0 6 9 m 0 9 V 0 0 0 9 V 0 4 0 s 0 V 0 s 0 0 1159 Art. II. Municipal Public Service Tax.. . 0 00m000m Boom 6 0 1159 Art. III. Local Improvements Assessments............ 1162 Div. 1. Generally ............................... 1162 Div. 2. Assessed Areas and Advisory Committees.. 1164 Div. 3. Local Improvement Assessments .......... 1166 Div. 4. Related Service Assessments. . 0 1169 Supp. No. 16 xii TABLE OF CON FEN TS-Cont'd. Chapter Page Div. 5. Collection of Assessments ................ 1173 Div. 6. Issuance of Obligations ................... 1175 Div. 7. General Provisions ....................... 1176 Div. 8. Specific Special Assessment Disticts and Areas................................... 1176 Art. IV. Fire Rescue Assessment ..................... 1177 Div. 1. Introduction ............................. 1177 Div. 2. Annual Fire Rescue Assessments.......... 1180 Div. 3. Collection and Use of Fire Rescue Assess- ments ................................... 1186 Div. 4. General Provisions ....................... 1189 19. Utilities ................................................ 1227 Art. I. Solid Waste .................................. 1230.1 Art. 11. Wastewater System ........................ o 1230.1 Div. 1. Generally ............................... 1230.1 Div. 2. Administration ......................... 4 1232 Div. 3. Use Regulations ........................0 1235 Div. 4. Rates, Fees and Charges ................. 1238 Div. 5. Sewerage Revenue Generation System .... 1253 Art. III. Reclaimed Water System .................... 1252.1 Art. IV. Potable Water Supply ....................... 1254 Div. 1. Generally ............................... 1254 Div. 2. Cross -Connection Control, Backflow Preven- tion..................................... 1254 Art. V. Stormwater Management Utility.. * M 0 W 4 a 0 a t 0 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. . 4 s 0 p 6 0 9 t 0 4 a a I o 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. R4AAA Single -Family Dwelling Districts.. 1325 Div. 3. R-CI Single -Family Dwelling District...... 1326 Div. 4. R-lAA and R-lA One -Family Dwelling Dis- tricts............................stop.... 1327 Div. 5. R-1 One -Family Dwelling Districts ........ 1329 Div. 6. R-3 Multiple -Family Dwelling Districts .... 1330 Div. 7. C-1 Neighborhood Commercial Districts ... 1330.2 Div. 8. C-2 General Commercial District.......... 1332.2 Div. 8.5. I-1 Light Industrial District. * 0 & 0 9 0 q * 0 4 0 q 1336 Div. 9. R-U Rural Urban Dwelling Districts ...... 1336.2 Div. 10. T-1 Trailer Home Districts. . 6 a 0 p 0 & 9 a p 1336.3 Supp. No. 16 xiii Chapter Art. Div. Div. Div. Div. IV. Div. Div. Div. V. Div. Div. Div. Art. VI. Div. Div. WINTER SPRINGS CODE 11. R-T Mobile Home Park Districts ........ . 12. Town Center District Code ............. . M. Greeneway Interchange Zoning District . . 14. CC Commerce Center Zoning District ... . 15. C-3 Highway 19-92 Commercial District . . Planned Unit Developments ................ . 1. Generally ............................... 2. Part A. Planned Unit Development....... . 3. Part B. Planned Unit Development....... . Supplemental District Regulations ........... . 1. Generally ............................... 2. Motor Vehicles ........................... 3. Siting and Regulation of Telecommunica- tions Towers ............................. S.R. 434 Corridor Vision Plan ............... 1 S R 431 Cn •a n. a TN• x- ".iAi M vViliuy ili0 biTLL . . . 2. General Design Standards for New Develop- mentArea ............................... 3. General Design Standards for Redevelop- mentArea ............................... 4. Reserved ................................ 1337 1341 1342.36 1342.52 1342.54 1343 1343 1343 1352 1364 1364 1366 1370.3 1380 1J0 1380.1 I389 1404 Code Comparative Table-1974 Code ......................... 2091 Code Comparative Table —Ordinances ........................ 2093 State Law Reference Table ................................... Charter Index ............................................... CodeIndex ................................................. 2145 2197 3101 Supp. No. 16 xiv Checklist of up -to -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 OC 17% 80 OC 14 81, 82 OC v, vi OC 83 4 vii, viii OC 133, 134 16 x 16 135, 136 16 xi, xii 16 137, 138 16 ali, xiv 16 13% 140 16 SH:1 16 141, 142 16 1, 2 16 143, 144 16 3, 4 16 144.1, 144.2 16 5 6 16 144.3, 144.4 16 7 8 16 144.5, 144.E 16 9, 10 16 145, 146 13 117 12 16 147, 148 15 13, 14 16 148.1, 148.2 15 15, 16 12 149, 150 OC 17, 18 12 151, 152 OC 19720 12 203, 204 4 21 14 205, 206 4 67 16 207, 208 4 77 78 4 257 OC Ill Supp. No. 16 WINTER SPRINGS CITY CODE Page No. Supp. No. Page No. Supp. No. 259 OC 383, 384 3 309,310 5 385,386 15 311,312 5 387,388 12 313,314 15 389,390 16 315, 316 15 391 12 317,318 15 4333 434 14 319, 320 15 435,436 14 320.1, 320.2 15 437, 438 14 321, 322 5 439, 440 OC 323, 324 5 441,442 OC 3253 326 5 493, 494 3 327,328 5 495,496 12 q9Q 2� 497 4✓0 6 12 331,332 5 499,500 12 333,334 5 501,502 12 335,336 5 502.1, 502.2 12 337, T98 5 503,504 1 339, 340 5 505,506 1 341,342 5 507 1 343, 344 5 555,556 9 345, 346 5 556.1, 556.2 9 347,348 5 557,558 6 349,350 5 559,560 10 351,352 5 561,562 16 353 5 563,564 16 365,366 16 564.1, 564.2 16 67,368 16 564.3, 564.4 16 36% 370 2 565,566 OC 371, 372 2 567, 568 OC 373, 374 2 56% 570 OC 75,376 2 571, 572 OC 376.1, 376.2 2 5735 574 2 376.3) 376.4 16 574.1, 574.2 3 377, 378 16 575,576 OC 3791 380 16 577,578 OC 81,382 16 579, 580 OC 382.1) 382.2 13 581,582 6 382.3, 382.4 13 582.1, 582.2 6 [2] Supp. No. 16 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 83,584 1 647, 648 5 584.1, 584.2 3 64% 650 15 85,586 OC 651, 652 10 87,588 OC 693, 694 10 89,590 16 6951696 10 591, 592 16 696.1, 696.2 10 592.17 592.2 3 697,698 5 593,594 OC 69% 700 5 595,596 OC 7011702 5 597, 598 OC 703, 704 5 599, 600 OC 705,706 10 601,602 OC 707,708 5 603,604 OC 70% 710 10 605, 606 2 711,712 5 607,608 7 713, 714 5 60% 610 7 715,716 10 611, 612 OC 717,718 5 613,614 10 719, 720 5 615,616 OC 721, 722 5 617,618 OC 723,724 5 61% 620 OC 725,726 10 621, 622 OC 727,728 5 623,624 15 729,730 5 625,626 8 731,732 10 627, 628 16 733,734 10 628.1, 628.2 16 735, 736 10 629,630 15 736.1, 736.2 10 630.1, 630.2 15 737, 738 6 631,632 5 761,762 3 635, 636 OC 763,764 OC 637,638 2 815,816 16 63% 640 10 817, 818 OC 641, 642 10 819,820 7 643, 644 10 821,822 7 644.1, 644.2 10 823,824 15 644.3, 644.4 10 825,826 16 644.5, 644.6 10 827, 828 16 645, 646 11 829, 830 16 [3] Supp. No. 16 WINTER SPRINGS CITY CODE Page No. Supp. No. Page No. Supp. No. 873, 874 7 1171, 1172 OC 875, 876 6 11735 1174 OC 8773878 6 1175, 1176 4 879, 880 7 11775 1178 12 880.1, 880.2 7 1179, 1180 12 880.3, 880.4 7 1181, 1182 12 880.5, 880.6 7 1183, 1184 12 88037 880.8 7 1185, 1186 12 880.9, 880.10 7 1187, 1188 12 881, 882 6 1189 12 882.1, 882.2 6 1227, 1228 10 883, 884 5 1229, 1230 16 140V.1) 1G3V.4 jU 931, 932 3 123003) 1230.4 10 9337 934 16 1231, 1232 OC 9851 986 3 12333 1234 OC no7 "Ou 3 1235)1236 Oc JV ✓00 989, 990 3 12375 1238 OC 10411 1042 10 1239, 1240 OC 1043, 1044 OC 12413 1242 10 1045, 1046 15 1243, 1244 10 1047, 1048 15 1245, 1246 10 104% 1050 15 1247,1248 15 1051, 1052 15 12493 1250 15 1053, 1054 15 1251, 1252 15 1055 15 1252.1, 1252.2 16 1101, 1102 3 1253, 1254 16 11033 1104 11 1255, 1256 16 1105, 1106 OC 1257, 1258 16 1157, 1158 12 1259, 1260 16 1158.1, 1158.2 12 126001) 1260.2 6 1159, 1160 2 1260.35 1260.4 6 1161, 1162 2 1260.5, 1260.6 10 1162.1, 1162.2 3 1260675 1260.8 10 1163, 1164 OC 12617 1262 3 1165, 1166 3 1263, 1264 16 1167, 1168 OC 12657 1266 16 11697 1170 OC 1267, 1268 16 [4] Supp. No. 16 Page No. 1305, 1306 1307, 1308 1309, 1310 1310.1, 1310.2 1311, 1312 1313, 1314 1315, 1316 1317, 1318 1319, 1320 1321, 1322 1323, 1324 1325, 1326 1327, 1328 132% 1330 1330.1, 1330.2 1331, 1332 1332.1, 1332.2 1333, 1334 1335, 1336 133691) 1336.2 1336.3, 1336.4 1337, 1338 1339, 1340 1341, 1342 1342.1, 1342.2 1342.2.1, 1432.2.2 1342.3, 1342A 1342.51 1342.6 1342.7, 1342.8 1342.9, 1342.10 1342.11) 1342.12 1342.13, 1342.14 1342.15, 1342.16 1342.17, 1342.18 1342vl% 1342920 1342.21, 1342.22 1342 M2 1342.24 1342.25, 1342.26 Supp. No. 16 CHECKLIST OF UP-TO-DATE PAGES Supp. No. Page No. Supp. No. 16 1342.27, 1342.28 1 13 1342.29, 1342.30 1 15 1342031) 1342432 7 15 1342033) 1342034 7 16 1342.34.1, 1342034.2 7 16 1342.35, 1342036 1 16 1342.37, 1342.38 16 16 124203841) 1342.3842 16 16 1342639) 1342640 7 16 1342.41, 1342042 1 16 1342.43, 1342044 10 16 1342.5l, 1342.52 6 16 1342053) 1342454 6 16 1343, 1344 11 15 1345, 1346 11 15 1346.1, 1346.2 11 10 1346.3,1346.4 11 13 1347, 1348 OC 16 1349, 1350 OC 16 1351, 1352 16 16 135291) 1352.2 16 OC 1353, 1354 10 OC 1354.1, 1354.2 10 16 1355, 1356 OC 16 13571 1358 OC 16 1359, 1360 OC 11 1361, 1362 OC 11 1363J364 16 15 1364.1, 1364.2 16 1 1365, 1366 9 1 1367, 1368 15 1 136% 1370 15 15 1370.1, 1370.2 15 1 137043) 1370.4 15 1 1371, 1372 10 1 1373, 1374 16 1 1375, 1376 10 1 1377, 1378 10 [5] WINTER SPRINGS CITY CODE Page No. Supp. No. 137% 1380 16 1380.1, 1380.2 16 1380.3, 1380.4 16 1381, 1382 OC 1383, 1384 10 1385, 1386 15 1387, 1388 16 138% 1390 16 1393, 1394 OC 1395, 1396 1 1397, 1398 15 1399, 1400 15 i4Vu� i UV ± 5 1405, 1406 1 1407 1 2091, 2092 OC 2093) 2094 Oc 2095, 2096 OC 2097, 2098 9 209972100 9 2101, 2102 16 2145,2146 16 2197, 2198 16 2199 16 3111, 3112 16 3113, 3114 16 3115, 3116 16 3116.1 16 3117,3118 15 3119 15 3121,3122 10 3123 10 3129,3130 16 3131, 3132 16 3133,3134 16 31353 3136 16 3137,3138 16 3141, 3142 16 [6] Supp. No. 16 Page No. 3143, 3144 3145 Supp. No. 16 16 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 "Included." Ordinances that are not of a general and permanent nature are not codified in the Code and are considered "Omitted." 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 InclndecU Omitted Supp. No. 2010-03 4-12-10 Included Supp. No. 16 2010-06 8-23-10 Included Supp. No. 16 2010-07 8-23-10 Included Supp. No. 16 2010-08 10-25-10 Included Supp. No. 16 2010-09 4-2640 Included Supp. No. 16 2010-11 4-2640 Included Supp. No. 16 2010-13 6-28-10 Included Supp. No. 16 2010-14 5-24-10 Included Supp. No. 16 2010-19 8- 9-10 Included Supp. No. 16 2010-21 9-13-10 Included Supp. No. 16 Supp. No. 16 SH:1 PART I CHARTER* Article I. Corporate Name Sec. 1.01. Corporate name. Article II. Territorial Boundaries Sec. 2.01. Territorial Boundaries. Sec. 2.02. Property added by annexation since 1972. Sec. 2.03. Annexation procedure. Article III. Powers of the City Sec. 3.01. Generally. Article IV Governing Body Sec. 4.01. Composition; qualification of members; and commission districts. Sec. 4.02. Commission districts; adjustment of districts. Sec. 4.03. Election and terms. Sec. 4.04. Compensation; expenses. Sec. 4.05. Mayor. Sec. 4.06. General powers and duties. Sec. 4.07. Prohibitions; holding other office. Sec. 4.08. Vacancies; forfeitures of office; filling of vacancies. Sec. 4.09. Judge of qualifications. Sec. 4.10. City clerk. Sec. 4.11. Investigations. Sec. 4.12. Reserved. Sec. 4.13. Procedure. Sec. 4.14. Actions requiring an ordinance. Sec. 4.15. Ordinances in general. Sec. 4.16. Authentication and recording; codification. Article V. City Manager Sec. 5.01. Appointment; qualifications, compensation. Sec. 5.02. Removal. Sec. 5.03. Powers and duties of the city manager. Sec. 5.04. Acting city manager. Article VI. Administrative Departments Sec. 6.01. Power of commission to establish. Sec. 6.02. City attorney. *Editor's note —Part I of this Cade consists of the amended Charter of the City of Winter Springs as set forth by Ord. No. 2001-44 and ratified by referendum on Sept. 4, 2001. The original arrangement including section numbers and catchlines has been retained. catchlines added by the editor have been enclosed in brackets. Amendments will be indicated by a history note following the amended section. The absence of such history note indicates that the section is derived unchanged from 2001 Charter. The former Charter of the city was derived from the 1981 Charter approved by the voters by the referendum of Nov. 3, 1981. Supp. No. 16 1 WINTER SPRINGS CODE Article VII. Financial Procedure Sec. 7.01. Fiscal ,year. Sec. 7.02. Submission of budget and budget message. Sec. 7.03. Contents of budget. Sec. 7.04, Capital Program. Sec, 7.05. Commission action on budget. Sec. T06. Public records. Sec. 7.07. Amendments after adoption. Sec. 7.08. Independent audits. Article VIII. Nominations and Elections Sec. 8.01. The city elections. Sec. 8.02. Qualified voters. Sec. 8.03. Election procedures. Sec. 8.04. Non Partisan Elections. Article IX. Initiative and Referendum Sec. 9.01. Ueneral authority. Sec. 9.02. Commencement of proceedings; petitioners' committee; affidavit. Sec. 9.03. Petitions. Sec. 9.04. Procedure after filing. Sec. 9.05. Referendum petitions; suspension of effect of ordinance. Sec. 9.06. Action on petition. Sec. 9.07. Results of election Article X. Amendments Sec. 10.01. General Authority. Article XI. Severability Sec, ll.01. Severability. Article XII. Powers Sec. 12.01. Reserved. Ax•ticle XIII. 74•ansitional Provisions Sec. 13.01. City ordinances. Sec. 13.02. City contracts. Sec. 13.03. City officials. Sec. 13.04. First Elections under Charter. Appendix A Terx•itorial Boundaries Supp. No. 16 2 CIIARTI R ARTICLE I. CORPORATE NAME Section 1.01. Corporate name. The municipality hereby established shall be known as the City of Winter Springs, Florida. ARTICLE II. TERRITORIAL BOUNDARIES Section 2.01. Territorial Boundaries. Editor's note —A metes and bounds description of the territorial boundaries of the City of Winter Springs, Florida is presented in Appendix "A." Section 2.02. Property added by annexa- tion since 1972. All property annexed to the City of Winter Springs, Florida, since the adoption of the Char- ter of 1972. Editor's note —A listing of ordinances annexing property to the city is maintained at the end of Appendix A. Section 2.03. Annexation procedure. The commission of the City of Winter Springs, Florida, may propose by ordinance to annex an area of contiguous, compact, unincorporated land to the territorial limits of the municipality; or upon petition by all landowners of real property which is contiguous, reasonably compact and un- incorporated, the City of Winter Springs, may annex said land to the territorial limits of the municipality by ordinance. The procedure to be followed in the annexation of territory shall be as set forth in Chapter 171, Florida Statutes as it now exists or as it may be renumbered or amended. ARTICLE III. POWERS OF THE CITY Section 3.01. Generally. (a) The city shall have all powers possible for a city to have under the constitution and laws of this State as fully and completely as though they were specifically enumerated in this Charter. (b) Without limiting the broad powers outlined in subsection (a) above, and as provided in Article VIII, Section 2(b) of the State Constitution, the City of Winter Springs shall have the governmen- tal, corporate and proprietary powers to enable the city to conduct municipal government, per- form municipal functions and render municipal services and may exercise any power for munici- pal purposes except when expressly prohibited by law. (Ord. No. 2010-19, § % 8-9-10) Editor's note —The amendment of § 3.01 of the Charter was approved by the voters at an election held on Nov. 2, 2010, ARTICLE IV. GOVERNING BODY Section 4.01. Composition; qualification of members; and commission dis- tricts. (a) Composition. There shall be a governing body composed of the mayor and five (5) commis- sion members elected by the voters of the city as provided in this Charter. Not more than one (1) commission member shall reside in each of the five (5) commission districts provided for in Sec- tion 4.02 (a) of this Charter. The mayor shall be elected at large and may reside anywhere within the city. (b) Eligibility. Only qualified voters of the city shall be eligible to hold the office of mayor or commissioner. Each candidate seeking the office of city commissioner or mayor or any other elec- tive 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 commissioner or mayor or 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 established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Not- withstanding the above requirement, city commis- sioners shall run at large as commission candi- dates under district designation. All candidates for offices in municipal elections shall be regis- tered and qualified electors of the city at the time of their qualifying as a candidate with the city clerk and shall file qualifying papers in accor- dance with state statutes and pay the qualifying fee and election assessment provided for by city ordinances. Such application shall be filed and Supp. No. 16 3 WINTER SPRINGS CODE the qualifying fee paid during the qualifying period established by the city commission by ordinance. (Ord. No. 2010-19, §§ 33 4, 8-9-10) Editor's note —Amendments to § 4.01 of the Charter were approved by the voters at an election held on Nov. 2, 2010, Section 4.02. Commission districts; adjust- ment of districts. (a) Nzcmbez' of districts. The city commission of the City of Winter Springs, Florida, shall by separate ordinance divide the city into five (5) geographical commission districts. (b) Districting commission. By the first day of February, 1991, the first day of February, 1992, and every three (3) years thereafter, the city commission shall appoint seven (7) city electors determined from the registration of the last reg- ular election, one (1) to be appointed by each commissioner from their respective district, and two (2) appointed by the niayor f om the city a large, who shall comprise the districting commis- sion. Electors chosen shall not be employed by the city in any other capacity. The initial districting commission, creating and establishing the first commission districts, shall be appointed by each commissioner and the mayor from the city at large. (c) Report; specifications. The districting com- mission shall file with the official designated by the city commission a report containing a recom- mended plan for establishment or adjustment of the commission district boundaries. The initial districting commission, creating and establishing the first commission districts, shall file such re- port within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) days of appointment to the districting commission. The commission district boundaries shall comply with the following spec- ifications: (1) Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective represen- tation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and de- scription of the districts recommended and shall be drafted as a proposed ordi- nance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the city manager to provide staff assistance and tech- nical data to the districting commission. (e) Procedure. The procedure for the city com- mission's consideration of the report shall be the ^:� as for oth. d; ti.. ivaii�.i..�, �:i 'vv'iu U Uhub ii u summary of the ordinances is published pursuant to this Charter and general law, it must include both the map and a description of the recom- mended districts. (f) Failure to enact ordinance. The city commis- sion shall adopt the redistricting ordinance at least one hundred twenty (120) days before the A city election. If the city commission fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordi- nance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 4.02(c) of this Charter or failure to comply with other local, state or federal law. (g) Effect of enactment. The new commission districts and boundaries as of the date of enact- ment shall supersede previous commission dis- tricts and boundaries for all purposes; provided all incumbent commissioners shall continue to hoId office for the entire term to which elected notwithstanding any change in commission dis- trict and boundaries. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note —The amendment of § 4.02 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.03. Election and terms. (a) The regular election of mayor and commis- sioners shall be held at the time provided for in Section 8.01 of this Charter. All elections shall be Supp. No. 16 4 CI�ARTER for four-year terms of office. The terms of the mayor and commissioner shall begin at the next scheduled regular or special meeting of the city commission of each year an election is held, and its members shall serve until their successors have taken office. (b) City commission seats are hereby desig- nated as seats one, two, three, four and five. (c) The mayor shall be limited to three (3) consecutive full terms of office. Commission mem- bers shall be limited to three (3) consecutive full terms of office. The mayor or any commission member who has served three (3) consecutive full terms of office after having been out of office for a period of one (1) year, shall be eligible for election to successive three (3) consecutive full terms of office; provided however, this limitation shall not prohibit a person who has served three (3) con- secutive full terms of office as mayor from quali- fying and being elected as a commission member; nor shall this limitation prohibit a person who has served three (3) consecutive full terms of office as a commission member from qualifying and being elected as mayor of the city. (Ord. No. 201049, § 4, 8-9-10) Editor's note —The amendment of subsection (a) of § 4.03 was approved by the voters at an election held on Nov. 2, 2010. Section Compensation; expenses. The city commission may determine the an- nual salary of mayor and commissioners by ordi- nance, but no ordinance increasing such salary shall become effective until the date of commence- ment of the terms of mayor and commissioners elected at the next regular election, provided that such election follows the adoption of such ordi- nance by at least six (6) months. The mayor and each commissioner of the city shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred in the perfor- mance of their duties of office and said reimburse- ment for expenses shall be established by resolu- tion. Section 4.05. Mayor. At each regular election for the office of mayor, a mayor shall be elected at large for a term of four (4) years and shall serve until the mayor's succes- § 4.07 sor is elected and qualified; provided such term of office shall not exceed four (4) years. The mayor shall preside at meetings of the city commission, represent the city in intergovernmental relation- ships, present an annual State of the City Mes- sage, and perform other duties specified by the commission. The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The city commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor. However, if a vacancy occurs in the posi- tion of mayor, the vacancy shall be filled in accordance with section 4.08(c) of this Charter. The mayor shall not vote except in case of a tie vote of the commission. Within ten (10) days after the adoption of any ordinance by the city commis- sion, the mayor shall have the power to veto said ordinance and return it to the commission at the next regular meeting with a written message. It shall require the affirmative vote of four (4) commission members to pass the ordinance after the mayor's veto. A. No. 2010-19, §§ 5, 91 8-9-10) Editor's note —The amendment of § 4.05 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.06. General powers and duties. All powers of the city shall be vested in the commission, except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. Section 4.07. Prohibitions; holding other of- fice. (a) Holding other office. Except where autho- rized by law, neither the mayor nor any commis- sion member shall hold any other elected public office during the term for which the mayor or commission member was elected. Neither the mayor nor any commission member shall hold any other city office or city employment with the City of Winter Springs during the term of office for which elected. No former mayor or commission member shall hold any compensated appointive S11pp. No. 16 5 § 4.07 WINTER SPRINGS CODI; office or employment with the city until one year after the expiration of the term for which the mayor or commission member was elected. Noth- ing in this section shall be construed to prohibit the mayor or any commission member from se- lecting any current or former mayor or any cur- rent or former commission member to represent the city on the governing board of any regional or other intergovernmental agency, or to prohibit any former mayor or commission member from serving as a member of city advisory boards and commissions. (b) Appointments and Removals. Neither the mayor nor any commission member shall in any manner control or demand the appointment or removal of any city administrative officer or em- hype IX71= the city ffi.'�.1^,.bcr . uny ub:ii'dt.� of the city manager is empowered to appoint, but the commission may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquires and investigations under section 4.11, the mayor and city commis- sion shall not give orders to city officers and employees who are subject to the direction and supervision of the city manager, either publicly or privately, provided this prohibition shall not be construed so as to prevent the mayor and commis- sion members from communicating with the var- ious officers and employees of the city, as in the case of any other citizen of the city. Section 4.08. Vacancies; forfeitures of of- fice; filling of vacancies. (a) Vacancies. The office of the commissioner or mayor shall become vacant upon their death, resignation, removal from office in any manner authorized by law or forfeiture of their office, or in the event no one is elected to the office of mayor or commission member. (b) Forfeiture of office. A commissioner or mayor shall forfeit their office if a commissioner or mayor: (1) Lacks at any time during their term of office any qualifications prescribed by this Charter or by law; or (2) Knowingly and willfully violates any ex- press prohibition of this Charter; or (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive reg- ular meetings of the commission without being duly excused by the commission. (c) Filling of vacancies. A vacancy in the may- or's position or a commission member's seat shall be filled by a qualified person until the next regular election by a majority vote of all remain- ing members of the city commission. It shall be the duty of the remaining members to fill the vacancy at either of the next two regular meetings of the commission following the creation of the vacancy. At the next regular election, a qualified persull sliail ue elected for a Term equaling that period of time necessary to complete the unex- pired terms of the previously vacated position or at; unless the previous term was to expire, in �vhi.ch case such person shall be elected for o four (4) year term. (Ord. No. 2010-19, §§ 5, % 8-9-10) Editor's note —The amendment of § 4.08 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.09. Judge of qualifications. The commission shall be the judge of the elec- tion and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evi- dence. A member charged with conduct constitut- ing grounds for forfeiture of their office shall be so notified by certified mail and shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more news- papers of a general circulation in the city at least one week in advance of the hearing. Decisions made by the commission under this section shall be subject to review by the courts. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note —The amendment of § 4.09 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.10. City clerk. (a) The city commission, after receiving a nom- ination from either the mayor or a commission members) shall, by a vote of not less than four (4) Supp. No. 16 6 commission members, appoint an officer of the city who shall have the title of city clerk. The city clerk's compensation shall be established by the city commission. The city clerk shall give notice of commission meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are provided by this Charter, by the commission or by law. (b) The city clerk may be removed by a vote of not less than four (4) commission members. (Ord. No. 2010-19, § 7, 8-9-10) Editor's note —The amendment of Subsection 4.10(a) of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.11. Investigations. The commission may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the commission shall be guilty of a misdemeanor and punishable by a fine of not more than five hun- dred dollars ($500.00) or by imprisonment for not more than sixty (60) days or both. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note —The amendment of § 4.11 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 4.12. Reserved. Editor's note —Ord. No. 2010-19, § 9, adopted Aug. 9, 2010 placed the repeal of former § 4.12 before the voters, which they approved, at an election held on Nov. 2, 2010. Former § 4.12 pertained to independent audits. Section 4.13. Procedure. (a) Meetings. The commission shall meet reg- ularly at least once every month at such times and places as the commission may prescribe by rule. Special meetings shall be held on the call of the mayor or three (3) or more members and whenever practicable, upon no less than twelve (12) hours' notice to each member. All meetings shall be public. (b) Rules and journal. The commission shall determine its own rules and order of business and shall provide for keeping a journal of its proceed- ings. This journal shall be a public record. (c) Voting. Voting, except on procedural mat- ters, shall be by roll call and the ayes and nays shall be recorded in the journal. Three (3) mem- bers of the commission shall constitute a quorum but a smaller number may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the com- mission. No action of the commission shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the commis- sion. Section 4.14. Actions requiring an ordi- nance. In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the city commission shall be done by ordinance which: (1) Adopt or amend an administrative code or establish or alter or abolish any city de- partment, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is im- posed; Levy taxes, except as otherwise provided (3) in Article VII with respect to the property tax levied by the adoption of the budget; (4) Grant or renew or extend a franchise; (5) Regulate the rate charged for its services by the public utility, except as provided by law; (6) Convey or lease or authorize the convey- ance or lease of any land of the city; (7) Adopt without amendment ordinances pro- posed under the initiative power; and (8) Amend or repeal any ordinance previ- ously adopted, except as otherwise pro- Supp. No. 16 7 § 4.14 WINTER SPRINGS CODE vided in Article IX with respect to repeal of ordinances reconsidered under the ref- erendum power. (Ord. No. 2010-19, § 91 8-9-10) Editor's note —The amendment of § 4.14 of the Charter was approved by the voters at an election held on Nov. 2, 2010, Section 4.15. Ordinances in general. (a) Fornz. Every proposed ordinance shall be introduced in writing in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains ... " (b) i i u�et l it e. A11 Vl Ullliilll:e stay 1)e 111Gr(1- duced by any member at any regular or special meeting of the commission. Upon introduction of any ordinance, it shall be read in its entirety; provided hots wcr t1le said reading may be by title only if all members of the city commission so vote. All ordinances shall be read twice, the second reading of any ordinance shall be by title only and shall follow the first by a minimum of ten (10) days; provided however, this requirement may be waived by a unanimous vote of all five (5) mem- bers of the commission. All ordinances shall be posted in the city hall for thirty (30) days after their first reading. (c) Effective date. Except as otherwise pro- vided in this Charter, every adopted ordinance shall become effective at the expiration of thirty (30) days after adoption or at any date specified therein. (d) Emergency ordinaazces. Emergency ordi- nances may be adopted by the city commission in accordance with law. Every emergency ordinance shall automatically stand repealed as of the sixty- first day following the date on which it was adopted unless repealed sooner by the commis- sion. Nothing herein shall prevent re-enactment of the ordinance in the manner specified in this subsection if the emergency still exists. (Ord. No. 2010-19, § 8, 8-9-10) Editor's note —The amendment of § 4.15 of the Charter was approved by the voters at an election held on Nov. 2, 2010, Section 4.16. Authentication and recording; codification. The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the city commission and the city clerk shall record in full in a properly indexed book kept for that purpose all such ordinances and resolutions. ARTICLI'; V. CITY MANAGI•;R Section 5.01. Appointment; qualifications, compensation. The city commission, by the affirmative vote of u iess I,iian iuur (4) cuuuniasion members, snail appoint a city manager and fix the manager's compensation. The city manager shall be ap- pointed solely on the basis of executive and ad- ministrative qualifications and shall ser�Te at the pleasure of the commission. Section 5.02. Removal. The commission may remove the city manager by a motion of the commission requiring not less than four (4) affirmative votes of its members. Section 5.03. Powers and duties of the city manager. The city manager shall be the chief adminis- trative officer of the city. The city manager shall be responsible to the commission for the admin- istration of all city affairs placed in their charge by or under this Charter. The city manager shall have the following powers and duties: (1) The city manager shall appoint and when the city manager deems it necessary for the good of the service, suspend or remove all city employees and appoint adminis- trative officers provided for, by or under this Charter except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. The city manager may authorize any admin- istrative officer who is subject to the city manager's direction and supervision to Supp. No. 16 8 CIIARTER exercise these powers with respect to sub- ordinates in that officer's department, of- fice or agency. (2) The city manager shall direct and super- vise the administration of all depart- ments, officers and agencies of the city except as otherwise provided by this Char- ter or by law. (3) The city manager shall attend all commis- sion meetings and shall have the right to take part in discussions but may not vote. (4) The city manager shall see that all laws, provisions of this Charter and acts of the commission subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision are faithfully executed. (5) The city manager shall prepare and sub- mit the annual budget and capital pro- gram to the commission. (6) The city manager shall submit to the commission and make available to the public a complete report on the finances and administrative activities of the city at the end of each fiscal year. (7) The city manager shall make such other reports as the commission may require concerning the operations of city depart- ments, officers and agencies subject to the city manager's direction and supervision. (8) The city manager shall keep the commis- sion fully advised as to the financial con- dition and future needs of the city and make such recommendations to the com- mission concerning the affairs of the city as the city manager deems desirable. (9) The city manager shall perform such other duties as are specified in this Charter or may be required by the commission. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note —The amendment of § 5.03 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 5.04. Acting city manager. By letter filed with the commission, the man- ager shall designate, subject to approval by the commission, a qualified city officer to exercise the powers and perform the duties of manager during the city manager's temporary absence or disabil- ity. During such absence or disability the commis- sion may revoke such designation at any time and appoint another qualified officer of the city to serve until the manager shall return or the city manager's disability shall cease. (Ord. No. 2010-19, § 9, 8-940) Editor's note —The amendment of § 5.04 of the Charter was approved by the voters at an election held on Nov. 2, 2010, ARTICLE VI. ADMINISTRATIVE DEPARTMENTS Section 6.01. Power of commission to estab- lish. The commission may establish city depart- ments, officers or agencies in addition to those created by this Charter and may prescribe the functions of all departments and agencies. Section 6.02. City attorney. (a) The city commission, after receiving a nom- ination from either the mayor or a commission member(s) shall, by a vote of not less than four (4) commission members, appoint an officer of the city who shall have the title of city attorney. The city attorney shall represent the city in legal proceedings and shall perform such duties as provided by this Charter, by the commission, or by law. (b) The city attorney may be removed by a vote of not less than four (4) commission members. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note —The amendment of § 6.02 of the Charter was approved by the voters at an election held on Nov. 2, 2010. ARTICLE VII. FINANCIAL PROCEDURE Section 7.01. Fiscal year. The fiscal year of the city shall begin on the first day of October and end on the last day of September. Supp. No. 16 9 WINTER SPRINGS CODE Section 1.02. Submission of budget and bud- get message. On or before the is day of July of each year, the city manager shall submit to the commission a budget for the ensuing fiscal year and an accompanying message. Section 7.03. Contents of budget. Except as required by law or this Charter, the budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this Char- ter, shall be in such form as the city manager deems desirable or the commission may require. The budget shall begin with a clear general sum- mary of its contents; shall show in detail all estimated income, indicating the proposed prop- erty tax levy, and all proposed expenditures, in- cluding debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and ex- penditures of the cun:ej i, fiscal ycar and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: (1) The proposed goals and objectives and expenditures for current operations dur- ing the ensuing fiscal year, detailed for each fund by organizational unit, and program, purpose or activity, and the method of financing such expenditures; (2) Proposed capital expenditures during the ensuing fiscal year, detailed for each fund by organizational unit when practicable, and the proposed method of financing each such capital expenditure; and (3) The anticipated income and expense and profit and loss for the ensuing year for each,utility or other enterprise fund oper- ated by the city. For any fund, the total of proposed expendi- tures shall not exceed the total of estimated income plus carried forward fund balance, exclu- sive of reserves. Section 7.04. Capital Program. (a) Submission to commission. The city man- ager shall prepare and submit to the commission a current and five (5) year capital program no later than the final date for submission of the budget. (b) Contents. The capital program shall in- clude: (1) A clear general summary of its contents; (2) A list of all capital improvements and other capital expenditures which are pro- posed to be undertaken during the cur- rent and five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (3) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (4) Method of financing upon which each cap- ital expenditure is to be reliant; and Thi (5) e estmated annual cost of operating and maintaining the facilities to be con- structed or acquired. "1'he above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisi- tion. Section 7.05. Commission action on budget. Approval of the annual city budget shall be by resolution duly adopted by the commission, after a public hearing, in accordance with the provi- sions of general law. The annual city budget may be amended by resolution duly adopted by the commission. Section 7.06. Public records. Copies of the budget and the capital program as adopted shall be public records and shall be made available to the public at suitable places in the city. Section 7.07. Amendments after adoption. (a) Supplemental appropriations. If during the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the commission by ordinance may make supplemental appropria- tions for the year up to the amount of such excess. S11pp. Mn 19 10 CIIAItTE12 (b) Emergency appropriations. To meet a pub- lic emergency affecting life, health, property, or the public peace the commission may make emer- gency appropriations. To the extent that there are no available un-appropriated revenues to meet such appropriations, the commission may by such emergency ordinance authorize the issuance of emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year succeeding that in which the emer- gency appropriation was made. (c) Reduction of appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated, the city manager shall report to the commission with- out delay, indicating the estimated amount of the deficit, and the remedial action by the city man- ager and the city manager's recommendations as to any other steps to be taken. The commission shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations. (d) Transfer of appropriations. At any time during the fiscal year the city manager may transfer part or all of any unencumbered appro- priation balance among programs within a depart- ment, office or agency, and, upon written request by the city manager, the commission may by ordinance transfer part or all of any unencum- bered appropriation balance from one depart- ment, office or agency to another. (e) Limitations; effective date. No appropria- tion for debt service may be reduced or trans- ferred, and no appropriation may be reduced below any amounts required by law to be appro- priated or by more than the amount of the unen- cumbered balance thereof. The supplemental and emergency appropriations and reduction or trans- fer of appropriations authorized by this section may be made effective immediately upon adop- tion. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note —The amendment of § 7.07 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 1.08. Independent audits. The commission shall provide for an indepen- dent audit of all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of accountants who have no personal interest, direct or indirect in the fiscal affairs of the city government or any of its officers. The commission may designate such accountant or firm annually or for a period not exceeding three (3) years provided that the designation for any particular fiscal year shall be made no later than six (6) months after the beginning of such fiscal year. If the state makes such an audit the commission may accept it as satisfying the re- quirement of this section. (Ord. No. 2010-19, § % 8-940) Editor's note —The addition of § 7.08 to the Charter was approved by the voters at an election held on Nov. 2, 2010, ARTICLE VIII. NOMINATIONS AND ELECTIONS Section 8.01. The city elections. The regular general city election for electing the mayor and commission members from seats two and four shall coincide with the Florida Gubernatorial election years. The regular general election for electing commission members from seats one, three, and five shall coincide with the United States Presidential election years. The entire electorate shall be entitled to vote in elec- tions for mayor and commission members. SectionQualified voters. All citizens qualified by the constitution and laws of the State of Florida to vote in the city and who satisfy the requirements for registration pre- scribed by law shall be qualified voters of the city within the meaning of this Charter. Section 8.03. Election procedures. The city commission, by ordinance, shall adopt such election procedures as are necessary. Supp. No. 19 11 § 8.04 WINTER SPRINGS CODE Section 8.04. Non Partisan Elections, Section 9.03, Petitions. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. ARTICLE IX. INITIATIVE AND REFERENDUM Section 9.01. General authority. (a) Initiative. The qualified voters of this city shall have power to propose ordinances to the commission and, if the commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not extend to the budget or capital program or any ordinance relat- ing to appropriation of money, levy of taxes or salaries of city officers or employees. (b) _T'efel•enclL.��z. The qualifl voi,er� of she city shall have power to require reconsideration by the commission of any adopted ordinance and, if the commission fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not ex- tend to the budget or capital program, or any emergency ordinance or ordinances relating to appropriation of money or levy of taxes. Section 9.02. Commencement of pr•oceed- ings;petitioners' committee; af- fidavit. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and ad- dresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordi- nance or citing the ordinance sought to be recon- sidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the appro- priate petition blanks to the petitioners' commit- tee within thirty (30) calendar days. (a) Number of signatures. Initiative and refer- endum petitions must be signed by qualified voters of this city equal in number to at least fifteen (15) per cent of the total number of quali- fied voters registered to vote at the last regular city election. When the registered electors of the City of Winter Springs reaches 7,000, then the percentage changes to ten (10) per cent and remains ten (10) per cent thereafter. (b) Foz•nz and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing, and the date sip-ned. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidawit of rir•rzclrztor l+nch paper of a pe- tition shall have attached to it when filed an affidavit executed by the circulator thereof stat- ing that the circulator personally circulated the paper, the number of signatures thereon, that all signatures were affixed in the circulator's pres- ence, that the circulator believes them to be the genuine signatures of the persons['] name they purport to be and that each signer had an oppor- tunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions. Refer- endum petitions must be filed within thirty (30) days after adoption by the commission of the ordinance sought to be reconsidered. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note —The amendment of § 9.03 of the Charter was approved by the voters at an election held on Nov. 2, 2010, Section 9.04. Procedure after filing. (a) Certificate of the clerk; anzendnzents. Within twenty (2(1) days after the petition is filed, the city clerk shall complete a certificate as to its suffi- ciency, specifying, if it is insufficient, the particu- lars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of a required number of valid signatures may be amended once if the petition- Supp. No. 16 12 CIIARTI;R ers' committee files a notice of intention to amend it with the clerk within two (2) days after receiv- ing the copies of the clerk's certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copies of said certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 9.03 and within five (5) days after it is filed with the clerk, the clerk shall complete a certificate as to sufficiency of the petition as amended and promptly send a copy of said certificate to the petitioners' committee by registered mail as in the case of an original petition. When a petition or amended petition is certified insufficient and the petitioners' commit- tee does not elect to amend or request commission review under subsection (b) of this section within the time required, the clerk shall promptly pres- ent the clerk's certificate to the commission and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Commission review. If a petition has been certified insufficient and the petitioners' commit- tee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may within two (2) days after receiving the copy of said certificate, file a request that it be reviewed by the commis- sion. The commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the commission determination shall then be a final determination as to the sufficiency of the petition. (c) Court review; new petition. A final determi- nation as to the sufficiency of a petition shall be subject to court review. A determination of insuf- ficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (Ord. No. 2010-19, § 9, 8-9-10) Editor's note —The amendment of § 4.05 of the Charter was approved by the voters at an election held on Nov. 2, 2010. Section 9.05. Referendum petitions; suspen- sion of effect of ordinance. When a referendum petition is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such sus- pension shall terminate when. (1) There is a final determination of suffi- ciency of the petition; or (2) The petitionerscommittee withdraws the petition; or (3) The commission repeals the ordinance; or (4) The supervisor of elections shall certify that the vote of the electorate failed to repeal the ordinance reconsidered. Section 9.06. Action on petition. (a) Action by commission. When an initiative or referendum petition has been finally deter- mined sufficient, the commission shall properly consider the proposed initiative ordinance in the manner provided in Article IV, Section 4.15, or reconsider the referred ordinance by voting its repeal. If the commission fails to adopt a proposed tiative ordinance without any change in sub- stance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days of the date the ordinance was finally determined suffi- cient, it shall submit the proposed referred ordi- nance to the voters of the city. (b) Submission to voters. The vote of the city on a proposed or referred ordinance shall be he not less than ninety (90) days and not later than one year from the date of the final commission vote thereon. If no regular city election is to be held in the period prescribed in this subsection, the com- mission shall provide for a special election; other- wise, the vote shall be held at the same time as said regular election, except that the commission [may] in its discretion provide for a special elec- tion at an earlier date within the prescribed period. Copies of the proposed or referred ordi- nance shall be made available at the polls. (c) Withdrawal of petition. An initiative or ref- erendum petition may be withdrawn at any time prior to the fifteenth day preceding the day sched- uled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 9.07. Results of election. (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted Supp. No. 19 13 § 9.07 WINTER SPRINGS CODE upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the com- mission. If conflicting ordinances are approved at the same election the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendacna. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certifica- tion of the election results. ARTICLE X. AMENDMENTS Section 10.01. General Authority. Amendments to this Charter may be proposed 7..,. 4-1., ,, 1 el l 7..1 -. A r t r u.iu u.uvri.�u uy Lau 1vgrblauuiu ui Llle ouate ul Florida or by the city commission pursuant to the home rule powers granted under the Constitution of the State of Florida, or by qualified voters pursuant to Article TX of this Charter. ARTICLE XI. SEVERABILITY Section 11.01. Severability. If any provision of this Charter is held invalid the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circum- stance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. ARTICLE XII. POWERS Section 12.01. Reserved. J!uditor's note —At an election held on Nov. 2, 1010, the voters approved the repeal of former § 12.01 which pertained to general powers and was placed before the voters by Ord. No. 2010-19, § 9, adopted August 9, 2010. ARTICLE XIII. TRANSITIONAL PROVISIONS Section 13.01. City ordinances. All city ordinances and resolutions which are in force when this Charter becomes fully effective shall remain in full force and effect to the extent that they are not in conflict with this Charter. Section 13.02. City contracts. All rights, claims and contracts shall continue except as modified pursuant to the provisions of this Charter. Section 13.03. City officials. All elected and appointed city officials shall retain their respective positions until the first election held pursuant to the requirements of this Charter. Section 13.04. First Elections under Char- ter. (a) The first election to be held under this Charter shall be for the purpose of electing per - Su 10 to Ti fire Wtiue5 of mayor and of PI two commission members from seats designated as two and four respectively under the former Char - and as commission seats two and four under this Charter; and whose terms expire in the year 2002. This first election shall be held at the time provided for in Section 8.01 of this Charter for the election of mayor and of commission members from seats designated as two and four. The mayor and the two (2) commission members elected at this election shall serve for terms of four (4) years and until their successors are elected and quali- fied. (b) The second election to be held under this Charter shall be for the purpose of electing per- sons to fill the offices of those commissioners from seats designated as one, three and five respec- tively under the former Charter and as commis- sion seats one, three, and five under this Charter and whose terms expire in the year 2003, but which terms are hereby extended for a period of one year to the year 2004. Said second election shall be held at the time provided for in Section 8. )I of this Charter for the purpose of electing commission members from commission seats des- ignated as numbers one, three, and five respec- tively under this Charter. The commission mem- bers elected at this election shall serve for terms of four (4) years and until their successors have been elected and qualified Supp. No. 16 14 CHARTER COMPARATIVE TABLE This table provides a listing of legislstion amending the revised Charter ratified by referendum on Sept. 4, 2001. Ordinances annexing property to the city are listed at the end of App. A to the Charter. Ordinance Number Date Section Disposition 2008-09 5-27-08 2 App.A 2010-19 8- 9-10 3 4.01(b) 4 4.01(a), 4.03(a) 5 4.05, 4.08(c) 7 4.01(a) 8 4.15(d) 9 Arad 3.012 4.02, 4.05, 4.08, 4.0% 4.11 Rpld 4.12 Amd 4.14, 5.03, 5.04, 6.02(a), 7.07 Added 7.08, Aind 9.03(c), 9.04(a), Rpld 12.01 (The next page is 77] Supp No. 16 67 Chapter 2 ADMINISTRATION* Article I. In General Sec. 2-l. Abandoned property; disposition by city. Sec. 2-2. Use of city athletic 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. Reserved. Sec, 2-42. Appointments of boards and committees. 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. *>Jditor's note —The city commission has by various ordinances chosen not to have certain county ordinances in effect within the city. These ordinances are on file in the city clerk's office. Cross references —Alcoholic beverages, Ch. 3; city forestry office established, § 5-2; fire department, § 7-26 et seq.; uniform street numbering system, § 9-370 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; personnel, Ch. 14; taxation, Ch. 18; utilities, Ch. 19. State law reference —Municipal home rule powers act, P.S. ch. 166. Supp. No. 16 100 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. Beautification Board Sec. 2-76. Created. Sec. 2-77. Composition; appointment of members. Sec. 2-78. Organization; meetings. �Pr. 2-79. niltiPc• nv11P»ti�tiP•nG Sec. 2-80. Master beautification plan; recommendations to city commission. Article IV. Elections Sec. 2-81. Election supervisor•. Sec. 2-82. Proclamation. Sec. 2-83. Municipal elections to be general elections. Sec. 2-84. Determination of person elected. Sec. 2-85. Election boards. Sec. 2-86. Nonpartisanship required. Sec. 2-87. Qualification of candidates. Sec. 2-87.1. Vacancy in candidacy. Sec. 2-88. Qualifying fees. Sec. 2-89. Registration of voters. Sec. 2-90. Voting places. Sec. 2-91. Voting machines. Sec. 2-92. Absentee voting. Sec. 2-93. Canvass of return. Sec. 2-94. Applicability of Code to election where questions are submitted. Sec. 2-95. Additional duties of city clerk. Sec. 2-96. Early voting exemption. Sec. 2-97. Electronic filling of campaign finance reports required. Secs. 2-98-2-115. Reserved, Article V. Annexations and Rezoning Sec. 2-116. Annexation fees. Sec. 2-117. Waiting period for annexation or rezoning of property. Sec. 2-118. Annexation east of DeLeon Street prohibited. Secs. 2-119-2-135. Reserved, Article VI. Finance Division 1. Generally Secs. 2-136-2-150. Reserved. Supp. No. 16 134 ADMINISTRATION sion 2. Purchasing Sec. 2-151. Purchasing policy and procedure established. Sec. 2-152. When written bids are required; waiver. Secs. 2-153-2-190. Reserved. Division 3. City -Owned Personal Property Sec. 2-191. Definition of property. Sec. 2-192. Identification; record; inventory. Sec. 2-193. Property supervision and control. Sec. 2-194. Disposal of surplus property. Secs. 2-195-2-249. Reserved, Article VII. Emergency Management Division 1. Generally Sec. 2-250. Intent. C. 2-251. Definitions, Sec. 2-252. Applicability of provisions. Sec. 2-253. Emergency management structure. Sec. 2-254. Powers, duties, and responsibilities. Sec. 2-255. Declaration of a state of emergency. Sec. 2-256. Termination of a state of emergency. Secs. 2-257-2-260. Reserved. Division 2. Conditions of Emergency Sec. 2-261. Weather emergencies. Sec. 2-262. Public emergencies. Sec. 2-263. Fire emergencies. Sec. 2-264. Suspension of local building regulations. Sec. 2-265. Certification of emergency conditions. Supp. No. 16 135 WINTER SPRINGS CODI; [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 136 ADMINISTRATION ARTICLE I. IN GENERAL Sec. 2-l. Abandoned property; disposition by city. The disposition of lost or abandoned personal property within the city shall be pursuant to F.S. § 705.101 et seq. (Code 1974, § 9-8) Cross reference —Abandonment of motor vehicle prohib- ited, § 12-53. State law reference —Seized, abandoned, wrecked or derelict property, F.S. § 705.101 et seq. Sec. 2-2. Use of city athletic facilities; fees. (a) The following fee schedule pertaining to scheduled activities and facilities is adopted as the official fee schedule for individuals, groups, youth and adults at Central Winds Park, Trotwood Park, Torcaso Park, and Sunshine Park: (1) Game and practice field rentals. Baseball/softball, prior to 5:00p.m. (two-hour use) .... $38.00 BasebalUsoftball, after 5:00 ,in. (two-hour use) ........ 52.00 Soccer/football, prior to 5:00 ,in, (two-hour use) ....... a 38.00 Soccer/football, after 5:00 p.m. (two-hour use) ............. 52.00 All rentals are based on a two-hour min- imum. The game field and practice field rental fees do not apply to those organizations that have entered into recreational pro- gram agreements with the city. Those agreements provide for financial compen- sation to the city. (2) Parks and recr•eatiora department con- ducted adult softball, flag football a,rzd basketball. Each team, per game ...... $32.00 Non-resident, per player ... 5.00 The team fees per game do not apply to those organizations that have entered into recreational program agreements with the city. Those agreements provide for finan- cial compensation to the city. (3) Central Winds Park. All basebalUsoftball fields and soccer fields at Central Winds Park shall be used only for team games and not for practices. The amphitheater area of Central Winds Park shall not be used for baseball/softball, soccer, football, or any other organized team games or practices. (b) The following fee schedule apply to scheduled permitted use and non-use" of athletic baseball, softball, soccer, youth user organiza- tions and groups. (1) BasebalUsoftball, prior to 5:00 p.m. (two-hour use) ....... 0 $34.00 (2) Baseball/softball, after 5:00 p.m. (two-hour use) ........ 48.00 (3) Soccer/football, prior to 5:00 P.M. (two-hour use) ....... 4 38.00 (4) Soccer/football, after 5:00 p.m. (two-hour use) ............. 52.00 (c) Thee schedule for staff labor service charges will be applied if and when an employee must extend their previously set work schedule in order to accommodate an unscheduled use of facilities is hereby adopted as being eight dollars ($8.00) per hour for part-time employees and twelve dollars ($12.00) per hour for full-time employees for each hour or fraction of an hour. (d) The "unscheduled permitted use and non- use" fees with any associated labor charges im- posed to youth user organizations and groups are nonrefundable. (e) This section shall remain in force and effect until supplemented, amended, repealed or other- wise altered. The amount of fees charged by the city as provided in this section may be amended from time to time as deemed appropriate by the city by resolution of the city commission. (f) The city shall require the payment of all applicable state and federal taxes. (Ord. No. 635-A, §§ I—V VII, 12-9-96; Res. No. 2002-20, §§ I —III, 7-10-00; Res. No. 2002-31, §§ I-1112 9-23-02) Secs. 2-3-2-25. Reserved. Supp. No. 19 137 WINTER SPRINGS CODE ARTICLI'; II. CITY COMMISSION Sec. 2-26. Recall of elected officials. (a) Any elected public official may be recalled from office pursuant to the provisions herein set forth. (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, CONiMITTT!;I';S, COMMISSIONS'" T)TVTST()N 1, G1r NFR-A_T T Y Sec. 2-4I. Reserved. Editor's note —Ord. No. 2010-14, § 2, adopted May 24, 2010, repealed former § 2-41 in its entirety which pertained to a fee paid to board members and derived from Ord. No. 551, §§ 1, 2, adopted Jan. 24, 1994, Sec. 2-42. 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. "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. (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. (c) Regzcirenzents 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 Comity; (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 its 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 (30) day time period, the ap- pointment shall be made by a majority vote of the commission. The city commis- sion may accept appointments made by any commissioner or the mayor regard- less of seat number. Supp. No. 16 138 ADMINISTRATION (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. (4) Aboard 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 commission ratification, for the unexpired term of such vacancy. If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the 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, or for boards and committees that regularly meet on a quarterly or more frequent basis, any board or committee member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or committee, or seven (7) absences from any meeting of the board or committee within a twelve-month period (start- ing with the last absence and counting back- ward), shall be deemed automatically removed from the respective board or committee in which the absences have occurred. For boards and com- mittees that regularly meet on a quarterly or less frequent basis, the number of absences which shall cause automatic removal shall be two (2) consecutive or two (2) 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 absenteeism. Absences which occurred prior to the date of reappointment of any board or committee member shall not be counted toward automatic removal. (h) Chairmanships. Unelss 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 commission, unless otherwise provided by law. Alternate 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 unless they have assumed the duties 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 from an official board meeting, the first alternate board member shall assume all duties of the absent Supp. No. 16 139 WINTER SPRINGS CODE 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 from 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 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 061VU Oil Iilu, e luau cue such board or coinniciee 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. IA 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, 1-14-02; Ord. No. 2002-28, § 2) 9-23-02; Ord, No. 2005-31, § 2, 11-28-05; Ord. No. 2010-14, § 2, 5-24-10) Sec. 2-43. Bicycle and pedestrian advisory committee —Creation; composi- tion; appointment of members. (a) Pursuant to Transportation Element Policy 1.5.18 of the city's comprehensive plan, the city hereby establishes a trails advisory committee which shall be known as the "Bicycle and 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 2-42 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- �erly regular ineecings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. (e) The committee shall establish 1�ales 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, § 21 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 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. 16 140 ADMINISTRATION ther the development of an intercon- nected network of trails, sidewalks and bikeways within the city. (4) Recommend to the city commission estab- lishment, development, planning, funding and maintenance of specific trail, side- walk and bicycle projects. (5) Consider all matters submitted to it by the city commission or staff and shall offer suggestions or recommendations on its own initiative. It shall receive peti- tions and suggestions from the citizens of the city, and shall cooperate with civic groups, governmental agencies, and other organizations regarding trail, sidewalk and bicycle system planning and implementa- tion. (Ord. No. 2010-06, § 2, 8-23-10) Sec. 2-45. Parks and recreation advisory committee —Creation; composi- tion; appointment of members. (a) Pursuant to Recreation and Open Space Element Policy 1.1.2 of the city's comprehensive pIan, the city hereby creates a Parks and Recre- ation Advisory Committee. (b) The committee shall have nine (9) mem- bers and membership on the committee shall be in accordance with the terms of section 2-42 of this Code except as expressly provided in this section. The membership of the committee shall, whenever possible, include the following: (1) An active member of the Winter Springs Senior Association; (2) An active member of a youth sports orga- nization or program; (3) An individual who is active in planning or assisting with special events of the city; (4) An individual who is active in an adult sports organization or program; (5) An individual who uses or accompanies children in the use of city playgrounds; (6) An active member of a conservation group or agency, or an individual with experi- ence in the use of parks for public pur- poses; (7) An individual who participates in or su- pervises children who participate in the city's summer program(s), civic center pro- gram(s), camp(s) or other similar pro- gram(s). (8) An individual who is active in fundraising efforts; (9) An individual with general interest in parks and recreation. (c) Appointees to the committee shall have knowledge and experience or interest in the plan- ning and implementation of city parks and recre- ational facilities, as determined by application. No person shall be appointed with private or personal interests likely to conflict with the gen- eral 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 parks and recreation advisory commit- tee shall be subject to the Florida Public Records Act and the Sunshine Law. (Ord. No. 2010-07, § 2, 8-23-10) Sec. 246. Purpose and duties. (a) The purpose of the parks and recreation advisory committee is to promote park and recre- ation programs of the city and to recommend to the parks and recreation director, as well as other city staff and the city commission as needed, policies and actions to promote, plan, design, construct and utilize city parks and related spe- cial events, fundraising and recreation programs. The committee shall perform the following duties: (1) Advise and assist the parks and recre- ation director, as well as other city staff and the city commission as needed, in matters involving or affecting city parks and recreation; Supp. No. 16 141 WINTER SPRINGS CODI; (2) Keep the parks and recreation director, as well as other city staff and the city corn - mission as needed, informed of the status and progress of recreational and parks services, plans, special events, fundrais- ers and activities; (3) Advise and make recommendations to the parks and recreation director, as well as other city staff and the city commission as needed, regarding the promotion of citi- zen participation in recreation and park programs and distribution of information about leisure activities offered by the city; and (4) Assist the parks and recreation director, as well as other city staff and the city . . C01hiiii6sivit as iieeUCU, 1rl Ulle lillplelnen- tation of the goals, objectives and policies of the Recreation and Open Space Ele- ment of the city's comprehensive plan. (Ord. No. 2010-07, § 2 8-?3-10) Secs. 2-47-2-55. Reserved. DIVISION 2. CODE ENFORCEMENT''` Subdivision A. Board' Sec. 2-56. Creation. The city does herewith and does hereby create a code enforcement board pursuant to the terms of F.S. Ch. 162. (Code 1974, § 2-51) Sec. 2-57. Membership; appointment; quali- fications. The code enforcement board shall consist of seven (7) members to be appointed by the city * Cross references —Animals, Ch. 4; arbor, Ch. 5; build- ings and building regulations, Ch. 6; fire prevention and protection, Ch. 7; flood damage prevention, Ch. 8; land devel- opment, Ch. 9; licenses and business regulations, Ch. 10; nuisances, Ch. 13; planning, Ch. 15; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; zoning, Ch. 20. State law reference —Code enforcement boards, F.S. Ch. 162, fEditor's note —For classification purposes, §§ 2-56- 2-65 have been categorized as Subdiv. A, Board. See editor's note at Subdiv. B, §§ 2-66-2-69.8, herein, commission to seats numbered one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) in accordance with section 2-42(d). Appointments to the board shall be on the basis of experience or interest in the fields of zoning and building con- trol. The membership of the code enforcement board shall, whenever possible, include an archi- tect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. (Code 1974, §§ 2-52, 2-53; Ord. No. 2002-28, § 2, 9-23-02; Ord. No. 2005-26, § 2, 9-12-05; Ord, No. 2010-14, § 2, 5-24-10) State law reference —Membership, F.S. § 162.05. Sec. 2-58. Election of officers; quorum; com- The members of the enforcement board shall elect a chairman from among its members who shall be a voting member. The presence of four (4) or More, members ^ball Constitute a quorum of the enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the city commission or otherwise as provided by law. (Code 1974, § 2-54) State law reference —Similar provisions, F.S. § 162.05(3). Sec. 2-59. Code inspector; duties. There shall be a code inspector who ma yybe any authorized agent or employee of the cit. It shall be his duty to ensure code compliance and to initiate enforcement proceedings. No member of the code enforcement board shall have the power to initiate such enforcement proceedings. If it is determined that there has been a violation of the codes of the city, the code inspector shall notify the violator and give him a reasonable time to correct such violation. Should the violation con- tinue beyond the time specified for correction, the code inspector shall notify the enforcement board and request a hearing pursuant to the procedure hereinafter established. Written notice shall be mailed to the violator by certified mail, return receipt requested. Where mail would not be effec- tive, notice shall be by hand delivery by the code inspector. Notwithstanding the above, in the event the code inspector has reason to believe a viola- Supp. No. 16 142 ADMINISTRATION tion presents a serious threat to the public health, safety and welfare, or the violation is irreparable or irreversible in nature, the code inspector may proceed directly to the hearing procedure pro- vided in section 2-60 and make a reasonable effort to notify the violator. (Code 1974, § 2-55) State law reference —Similar provision, F.S. § 162.06(2), (3). Sec. 2-60. Hearings. (a) Hearings of the code enforcement board may be called upon request of the code inspector or by the chairman of the board or by written notice signed by at least three (3) members of the board. Future hearings may be set at any hearing of the code enforcement board. The code enforce- ment board shall attempt to convene at least once every two (2) months, but it may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the code enforce- ment board and all hearings and proceedings shall be opened to the public. The city commission shall provide clerical and administrative person- nel as may be reasonably required by the code enforcement board for the proper performance of its duties. A member of the administrative staff of the city shall present each case before the code enforcement board. The testimony presented to the code enforcement board shall be under oath and shall be recorded. The code enforcement board shall take testimony from the code inspec- tor and the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern such proceedings. (b) At the conclusion of the hearing, the code enforcement board shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The findings shall be by motion approved by a major- ity of those present and voting, except that at least four (4) members of the code enforcement board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by that date. (Code 1974, § 2-56) State law reference —Conduct of hearing, F.S. § 162.07. Sec. 2-61. Powers. The code enforcement board shall have the following powers: (1) Adopt rules for the conduct of its hear- ings; (2) Subpoena alleged violators and witnesses to its hearings which may be served by the county sheriff or by the police depart- ment of the city; (3) Subpoena evidence; (4) Take testimony under oath; (5) Issue orders having the force of law com- manding whatever steps are necessary to bring a violation into compliance; and (6) Assess fines upon notification by the code inspector that a previous order of the code enforcement board has not been complied with by the set time. The violator may be ordered to pay a fine not to exceed two hundred fifty dollars ($250.00) for each day the violation continues past the date set for compliance or for each time the violation has been repeated. A certified copy of an order imposing a fine may be recorded in the public records and there- after shall constitute a lien against the land on which the violation exists or, if the violator does not own the land, upon any other real or personal property owned by the violator and may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed otherwise to be a judgment of the court except for enforcement purposes. After six (6) months from the filing of any Supp. No. 16 143 WINTER SPRINGS CODE such lien which remains unpaid, the en- forcement board may authorize the city attorney to foreclose on the lien. (Code 1974, § M7) Cross reference —Authority to enforce uniform building numbering systems, § 9-376. State law reference —Similar provisions, F.S. §§ 162.08, 162.09. Sec. 2-61.5. Application release of liens. for satisfaction or code enforcement Where a certified copy of an order imposing a penalty or fine, as described above in section 2-61, has been recorded in the public records and has become a lien against the land and/or property of the violator, such violator may apply for a satis- faction or release of such lien as follows: (1) Upon full payment by the violator of the fine or penalty imposed in accordance with this chapter, the city manager is hereby authorized to execute and record a satisfaction of lien. (2) Upon request for a reduction or forgive- ness of a fine or penalty imposed in accor- dance with this chapter, the violator shall submit a written application to the com- munity development director. (3) The application shall include, but may not be limited to the following: a. The code enforcement case number; b. The date upon which the violator brought the subject property into compliance with the City Code; c. The factual basis upon which the violator believes the application for reduction or forgiveness of the lien should be granted; d. The terms upon which a satisfaction or release of lien should be granted; e. The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; £ The reduction in penalty or fine sought by the violator; and g. Any other information which the vi- olator deems pertinent to the re- quest, including but not limited to the circumstances that exist which would warrant the reduction or for- giveness of the penalty or fine. This application shall be executed under oath and sworn to in the presence of a notary public. (4) The violator shall submit at the time of application payment to the city in the amount necessary to reimburse the city for its costs associated with recording the order imposing a penalty or fine and the requested satisfaction or release of lien. These costs are non-refundable, without ieg�liu fvi the llllal diSposluoll 01 Me application for satisfaction or release of lien. (5) Upoi7 �ec;eipt of the application for satis- faction or release of lien and payment provided above, the community develop- ment director shall confirm through the code enforcement department that the violation which resulted in the order im- posing penalty or fine has been brought into compliance. If the violation has been brought into compliance and there is no current code violation upon the property in question, the community development director shall place the application upon the agenda of the next regularly sched- uled meeting of the code enforcement board for the City of Winter Springs. At the hearing before the code enforce- ment board, the board shall review and consider the application for satisfaction or release of lien, provide the violator with an opportunity to address the board re- garding the application for satisfaction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. (6) Upon review of the application and any testimony presented, the code enforce- ment board shall recommend to the city Supp. No. 16 144 ADMINISTRATION commission approval, approval with con- ditions, or denial of the application for satisfaction or release of lien. The code enforcement board, in determin- ing its recommendation, shall consider the following factors: a. The gravity of the violation; b. The time in which it took the viola- tor to come into compliance; c. The accrued amount of the code en- forcement fine or lien; d. Any previous or subsequent code vi- olations; e. Any financial hardship; (7) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; (8) After a recommendation has been ren- dered by the code enforcement board, the community development director shall place the application for satisfaction or release of lien upon the agenda of the next regularly scheduled city commission meet- ing. The city commission may take action solely based upon the sworn application and recommendation of the code enforce- ment board, and information provided by the violator in regard to the application for satisfaction or release of lien; (9) The city commission may approve, ap- prove with conditions, or deny the appli- cation to satisfy or release of lien. If the city commission approves the application to satisfy or release the lien and the approval is conditioned upon the violator paying a reduced penalty, fine, or any other condition, the satisfaction or release of lien shall not be prepared or recorded until the condition(s) placed by the com- mission have been satisfied. The violator shall have thirty (30) days in which to comply with the conditions im- posed by the city commission. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of lien. If the application is denied or if the appli- cation is automatically denied due to the failure of the violator to comply with the conditions imposed by the city commis- sion, the violator shall thereafter be barred from applying for a subsequent reduction or forgiveness of the lien for a period of one (1) year from the date of denial. Dur- ing the one-year period, the lien may only be satisfied and released upon full pay- ment of the fine or penalty imposed in accordance with this chapter. (Ord. No. 2001-62, § 2, 1-14-02) Sec. 2-62. Duration of lien. No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to over all costs, including a reasonable attor- neys fee, that it incurs in the foreclosure. The local governing body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (Code 1974, § 2-57.1; Ord. No. 698, § 1, 2-9-98) State law reference —Similar provision, F.S. § 162.10. Sec. 2-63. Appeals. An aggrieved party, including the city commis- sion, may appeal a final administrative order of the code enforcement board to the circuit court. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. (Code 1974, § 2-58) State law reference —Similar provisions, F.S. § 162.11, Sec. 2-64. Notices. (a) All notices required by this article shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code Supp. No. 16 144.1 WINTEn SPRINGS CODE inspector or other person designated by the city commission or by leaving the notice at the viola- tor's usual place of residence with some person of his family above fifteen (15) years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in (a) above at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once dur- ing each week for four (4) consecutive weeks, with four (4) publications being sufficient, in a newspaper of general cir- culation in the county. The newspaper shall meet such requirements as are pre- scribed under r.S. Clr. 50 for legal and official advertisements and proof of pub- lication shall be made as provided in F.S. §§ 50.041 and 50.051. 2) if there is no newspaper of general circu- lation in the county, three (3) copies of such notice shall be posted for at least twenty-eight (28) days in three (3) differ- ent and conspicuous places in such county, one (1) of which shall be at the front door of the courthouse in such county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under (a) above. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in (a) above, together with proof of publication or post- ing as provided in (b) above, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the alleged violator actually received such notice. State law reference —Similar provision, F.S. § 162.12. Sec. 2-65. Provisions of article supplemen- tal. Nothing contained herein shall prohibit the city commission from enforcing its codes by other means. It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. (Code 1974, § 2-59) State law reference —Similar provision, F.S. § 162.134 Szcbdiuision B. Citations` Sec. 2-66. Intent. The City of Winter Springs hereby creates a supplemental and additional method of enforcing its codes and ordinances by the issuance of cita- tions for violation of city codes or ordinances. The provisions of this subdivision may be used for the enforcement of any City Code or ordinance or for the enforcement of all city codes and ordinances unless prohibited by raw. (Ord. No. 547, § I(§ 2-66), 11-22-93) Sec. 2-67. Definitions. N'or purposes of this subdivision, the following defiMUMS shall apply: City. The City of Winter Springs. Code enforcement officer. Any employee or agent of the City of Winter Springs who has been designated by the city manager to enforce the city's codes and ordinances. (Ord. No. 547, § I(§ 2-66a), 11-22-93) Sec. 2-68. Designation, qualifications and training of code enforcement offi- cers. The city manager is authorized to designate certain employees or agents as code enforcement officers. The training and qualifications of the employees or agents designated as code enforce- ment officers shall be determined by the city manager. Designation as a code enforcement offi- cer does not provide the code enforcement officer with the power to arrest or subject the code enforcement officer to the provisions of Sections 943.085 through 943.255 of the Florida Statutes. Nothing in this subdivision amends, alters, or *Editor's note —Section I of Ord. No. 547, adopted Nov. 22, 1993, provided for the addition of §§ 2-66-2-661c herein. Said sections have been included herein as Subdiv. B, §§ 2- 66-2-69.8, at the editor's discretion. Supp. No. 16 144.2 ADMINISTRATION contravenes the provisions of any state -adminis- tered retirement system or any state -supported retirement system established by general law. (Ord. No. 547, § I(§ 2-66b), 11-22-93) Sec. 2-69. Authority of code enforcement of- ficers. All designated code enforcement officers are authorized to issue a citation to a person when based upon personal investigation, the code en- forcement officer has reasonable cause to believe that the person has committed a civil infraction in violation of a city code or ordinance and that the county court will hear the charge. (Ord. No. 547, § I(§ 2-66c), 11-22-93) Sec. 2-69.1. Citation procedure. Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty (30) days. If, upon personal investigation, a code enforcement officer finds that a person has not corrected the violation within the time period, a code enforcement officer shall issue a citation to the person who has committed the violation or refer the matter to the codes enforcement board. A code enforcement officer does not have to pro- vide the person with a reasonable time period to correct the violation prior to issuing a citation and shall immediately issue a citation if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (Ord. No. 547, § I(§ 2-66d), 11-22-93) Sec. 2-69.2. Delivery of warning notices and citations. A copy of warning notices and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, the warning notice or citation shall be delivered to the alleged violator by leav- ing a copy of the warning notice or citation at the alleged violator's usual place of residence with § 2-69.4 any person residing therein who is above fifteen (15) years of age and informing such person of the contents of the warning notice or citation or by registered or certified mail, return receipt re- quested. Whenever an alleged violator is required to do some act within a prescribed period after a warn - notice or citation is delivered by mail, three (3) days shall be added to the prescribed period. (Ord. No. 547, § I(§ 2-66e), 11-22-93) Sec. 2-69.3. Violation classification and civil penalty. (a) Violations of city codes or ordinances and the applicable civil penalties shall be classified as follows: Violation Classification Civil Penalty Class I $ 50.00 Class II 100.00 Class III 200.00 Class IV 300.00 City codes and ordinances subsequently en- acted or amended may set forth the applicable civil penalty for violations by designating the appropriate violation classification. (b) Each violation of a city code or ordinance in the schedule of violations in subsection (a) herein is a separate civil infraction. Each day such violation shall continue shall be deemed to con- stitute a separate civil infraction. (c) Court costs in the amount of ten dollars ($10.00) per citation collected shall be retained by the clerk of circuit court. The civil penalties set forth above include said court costs. (Ord. No. 547, § I(§ 2-66f), 11-22-93) Sec. 2-69.4. Schedule of violations. (a) Violation of the following city codes or or- dinances is a civil infraction for which a citation may be issued: Section Title Class 16-57 Illegal signs I 9-349 A. Handicap I 16-57 B. Ads I S11pp. No. 16 144.3 § 2-69.4 WINTER SPRINGS CODE Section Title Class Section Title Class 16-57 C. Snipes I 13-2 Littering R.O.W. I 16-56(b) D. R.O.W. I 13-2(b) Littering private 16-53 E. Erected signs I property I 16-83 F. Garage sale I 7-26 Open burning I Motor Vehicle Violations 7-79 Obstruction of hy- 12-66 For sale/repairs on drants I R.O.W. I 11-5 Use of air guns/sling- 20-431 A. RV I shot/etc. by a minor I 20411 B. Boat and trailer I 20411 C. Camper 1 10-136 Soliciting I 20-411 D. Work trailers I 44 Animal control viola- 12-67 E. Parking between tions I lines I 4-1 A. Barking dog I 12-53 F Ahandon on 4-i is. Loose cat or dog i R.O.W. I 4-1 C. Animals defecat- 12-65 G. Parking/standing ing or urinating I street I 4-2 D. Over two (2) cats 20- H. Prohibited vehi- or two (2) dogs I 431(1)a—h cles I 4-1 E. Loose animals I 20433 I. Disabled vehicles I 4-1 F. All other animal I3-2(b) Outdoor storage I violations I 13-2(b) A. Trash I 174 Hazards (obstruc- 13-2(b) B. Junk and debris I tions) R.O.W. I 13-2(b) C. Equipment strewn around yard I 7-27 Fireworks and explo- I I3-2(d) Stagnant pool I sives All second offenses of 13-2(b) Tree trimmings and class I II yard trash I 13-2(c) Unsafe/unsanitary I 6-46 No building permit II 9-374 House and building 10-26 No local business tax receipt II numbers I 13-26 Loud party I 5-3 No arbor permit II 13-33 Loud music I 7-1 Spreading fire II 13-34 Animal and bird 7-1 Failure to notify fire II noises I 493 No meter backflow II 10-137 No garage sale per- All second offenses of mit I class II III 16-27(b) Illegal handbills I Third offenses of 16-25 Handbills on autos I class I III 16-27(b) Cast periodicals I 6-217 No pool enclosure III Supp. No. 16 144.4 Section Title 9-349(a), (b), (c) Site plan violation 6-165 Building mainte- nance to code ADMINISTRATION § 2-69.6 Class for each violation to the maximum civil penalty which shall not exceed five hundred dollars ($500.00) plus any applicable court costs. III Additional offenses to class I, II, and III IV Violation Classification Class I Class II Class III Class IV Civil Penalty $ 50.00 100.00 200.00 300.00 (b) The citations issued pursuant to sections 2-69.2, 2-69.3, and 2-69.4 may be contested in county court in and for Seminole County. (Ord. No. 547, § I(§ 2-66g), 11-22-93; Ord. No. 2006-23, § 3, 12-11-06) 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. (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 (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), 11-22-93) Sec. 2-69.6. Citation contents. The citation issued by the code enforcement officer shall be in a form prescribed by the city anI 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. (9) The applicable civil penalty if the person 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 Snpp. No. 16 144.5 WINTER SPRINGS CODE 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) Provide the alleged violator with one (1) copy; (3) Deposit one (1) copy with city clerk; and (4) Retain one (1) copy in the code enforce- ment officer's department file. (b) All civil penalties received by the county court from violators of city codes or ordinances shall be paid into the general fund of the city in the penalty and fine account. All court costs shall be retained by the clerk of the circuit court. (Ord. No. 547, § I(§ 2-66j), 11-22-93) Sec. 2-69.8. Provisions supplemental. It is the legislative intent of this subdivision to provide an additional and supplemental means of obtaining compliance with city codes and ordi- nances. Nothing contained in this subdivision shall prohibit the city from enforcing its codes or ordinances by any other means. (Ord. No. 547, § I(§ 2-661c), 11-22-93) DIVISION 3. RESERVEDa` 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, §§ 1-4, adopted July 11, 1988. DIVISION 4. BEAUTIFICATION BOARD'P Sec. 2-76. Created. There is hereby created "The Beautification of Winter Springs Board" (hereinafter referred to as "BOWS"). (Ord. No. 459, § 1, 5-22-89) Sec. 2-77. Composition; appointment of mem- bers. BOWS shall consist of five members to be appointed and removed in accordance with sec- tion 2-42. (Ord. No. 459, § 2, 5-22-89; Ord. No. 2010-14, § 2, 5-24-10) 'Editor's note —Ord. 459, § 1, adopted May 22, 1989, did not specify manner of codification; hence, inclusion herein as Div. 4, §§ 2-76-2-80, has been at the discretion of the editor. 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. No. 16 144.6 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 inspector 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. Establishing the location of local wind speed lines. 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. Standard Building Code, Standard Existing Building Code, Stan- dard Housing Code and One and Two Family Dwelling Code adopted. Sec. 6-82. Amendment to building code. Sec. 6-83. Television dish antennas. Sec. 6-84. Accessory buildings. Sec. 6-85. Accessory dwelling units. Sec. 6-86. Screen enclosures. Sec. 6-87. Minimum setback requirements within PUD zoning districts. Sec. 6-88. Temporary storage structures. Secs. 6-89-6-100. Reserved, Article IV Electricity Sec. 6-101. Electrical code adopted. *Cross references —Code enforcement board to enforce certain m•dinances 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. 16 065 WINTER SPRINGS CODE Sec. 6-102. Terms defined. Sec. 6-103. Electrical inspection. Sec. 6-104. Fees. Secs. 6-105-6-125. Reserved, Article V. Plumbing Sec. 6-126. Plumbing code adopted. Sec. 6-127. Terms defined. Sec. 6-128. Plumbing inspection. Sec. 6-129. Fees. Secs, 6-130-6-145, Reserved, Article VI. Mechanical Sec. 6-146. Standard Mechanical Code adopted. Sec. 6-147. Definitions. Sec. 6-148. Mechanical inspection. Sec. 6-149. Fees, Article VII. Unsafe Buildings Sec. 6-165. Standard Unsafe Building Abatement Code adopted. uec. 6-166. Repair or removal. Sec. 6-167. Notice of unsafe building to be served on persons having interest in building; method of service. Sec. 6-168. Court action to compel compliance or prosecute offender upon disregard to notice. Sec. 6-169. Vacating unsafe buildings and closing adjacent streets. Secs. 6-170-6-185. Reserved, A�•ticle VIII. 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. Limitations when adjacent to street, intersection. 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 IX. Swimming Pools Sec. 6-210. Code adopted. Sec. 6-211. Definitions. Sec. 6-212. Application for permit; plans and specifications. Sec. 6-213. Inspections. Sec. 6-214. Contractor's qualifications. Sec. 6-215. Owner's privilege. Sec. 6-216. Design and construction requirements. Sec. 6-217. Enclosure required. Sec. 6-218. General construction provisions for concrete pools. Sec. 6-219. Yards, Supp. No. 16 366 BUILDINGS AND BUILDING REGULATIONS co 6-220. Electrical requirements. Sec. 6-221. Plumbing requirements. Sec. 6-222. Nuisances. Sec. 6-223. Conflict with deed restrictions. Secs. 6-224-6-239. Reserved, Article X. Gas Code Sec. 6-240. Standard Gas Code adopted. Sec. 6-241. Terms defined. Sec. 6-242. Gas inspection. Sec. 6-243. Fees. Secs. 6-244-6-249. Reserved. Article XI. Reserved Secs. 6-250-6-269. Reserved. Article XII. 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 XIII. 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. 16 367 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 368 BUILDINGS AND BUILDING REGULATIONS Stop work order. An order by the building official, or his designee, which requires the immediate cessation of all work and work ac- tivities 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. Str•rzctural 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) Sec. 6-33. Establishing the location of local wind speed lines. Section 1606.1.E of the Florida Building Code requires the exact locations of wind speed lines to be established by local ordinance using recog- nized physical landmarks such as major roads, canals, rivers and lake shores, wherever possible. The city commission adopts the following loca- tions: All land lying within the city limits of the City of Winter Springs shall have a wind speed designation of one hundred ten (I10) miles per hour as designated on the wind speed contour map attached hereto as Exhibit "A", with the city limits being graphically depicted with land- marks upon the map attached hereto as Ex- hibit "B". (Ord. No. 2001-57, § 2, 12-10-01) Editor's note —Exhibits "A" and "B" are not set out herein but are avialable in the office of the city cleric. 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, 1240-01) Secs. 6-35-6-45. Reserved. DIVISION 2. RESERVED* Secs. 6-46-6-80. Reserved. ARTICLE III. BUILDING CONSTRUCTION STANDARDS' Sec. 6-81. Standard Building Code, Stan- dard Existing Building Code, Stan- dard Housing Code and One And Two Family Dwelling Code ad- opted. The city hereby adopts in there entirety the Standard Building Code 1997 Edition, excluding Section 102.2.1, Section 2405.2.1.6, Chapter 11, anI Appendices B and E; the Standard Existing Building Code 1988 Edition; and the Standard Housing Code 1991 Edition, as promulgated by the Southern Building Code Congress Interna- tional, Inc. and the One And Two Family Dwelling Code 1995 Edition excluding Section 308.4.9 as the minimum standards for building and construc- tion within the city. The provisions of these stan- dard codes shall govern all matters contained therein, except when in conflict with the provi- sions of this chapter or other ordinances of the city. (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) 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. TState law reference —Building construction standards, P.S. ch. 553. Supp. No. 16 376.3 WINTER SPRINGS CODI; Sec, 642. Amendment to building code. (a) Section 108.1, Appointment, of the building code adopted by this chapter is hereby amended to read as follows: "There is hereby established a board to be called the board of adjustments and appeals, which shall consist of five (5) members of the Winter Springs City Commission. The term of office for each of the five (5) seats which com- prise 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 vacan- cies are filled under the terms of the City Charter for the City of Winter Springs 95 well as the Winter Springs Code of Ordinances." (b) In addition to the requirements of the Stan- dard Building Code Chapter 18, Section 1804— Foozings and Foundations, [the following shall be added:] "In all masonry buildings there shall be a minimum of either two (2) one-half (1/2) inch or three (3) three -eighths (3/8) inch steel rods in the foundation of same." (Code 1974, § 5-3; Ord. No. 605, § I, 11-27-95) Sec. 6-83. Television dish antennas. (a) Permit regzzired. The installation of all tele- vision dish antennas and/or satellite antennas shall require a building permit. (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 wind loading of one hundred (100) miles per hour. (3) Television dish antennas or satellite an- tennas shall not be installed in front of the front line of any residential, commer- 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) Mobile mounted television dish antenna or satellite antenna strnctilre sball com- ply with all requirements (1) through (7) above. (b) Apartment and eondominiazzn 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. (c) Height restriction. The installation of any television dish antenna ox• satellite antenna shall not exceed the height restriction set forth in the zoning ordinance for that location. (Code 1974, § 5-9) 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 Supp. No. 16 376.4 BUILDINGS AND BUILDING REGULATIONS § 6-0% units (ADUs) shall be subject to section 6-85 of forty (240) square feet in area must meet this Code and are not subject to the provisions of the setbacks of the applicable zoning dis- this section. trict for the principal structure. (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. Notwithstanding the re- strictions set forth in this subsection, detached, private garages may exceed twelve (12) feet in height without city commission approval provided the city manager or designee thereof determines that each criteria in subsection (f)(3) herein is satisfied. Further, detached, private garages may exceed two hundred forty (240) square feet, but in no case shall exceed one-third (113) of the air- conditioned square footage area of the principal structure. (c) Location. All accessory buildings shall be located to the rear of the existing buildings line. (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. When an accessory building is attached to a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. (1) Corner setback —On all corner lots the minimum open sideyard setback shall be that of the principal building. (2) Rear yard setback —Shall be a minimum of six (6) feet. (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 rural 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; b. The proposed accessory building will not adversely impact land use activ- ities in the immediate vicinity; c. The height of the proposed accessory building does not exceed 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 may be constructed on a lot adjacent to the lot on which the principal building is located under the following conditions: (3) Side yard setback —Shall be that of the lot a. The conditions set forth in subsec- on which the building is to be located. bons (1), (2), and (3) are satisfied. (4) Easements —If an easement on the lot b. Alegal instrument reasonably accept - where the building is to be located is able to the city is recorded in the greater than that addressed above, then public records of Seminole County the easement size shall prevail. No build- that provides that the principal build- ing shall be constructed or placed on an ing lot and the adjacent lot are uni- easement. fied under common ownership and that in the event said ownership is (5) Detached, private garages which exceed ever separated, the accessory build - twelve (12) feet in height or two hundred ing shall be removed or a principal Sapp. No. 16 377 § 6-84 WINTER SPRINGS COD1; 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) Sec. 6-85. Accessory dwelling units. 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-lAAA Single -Family Dwelling District R-CI Single -Family Dwelling District R-lAA and R-lA 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 ei- ther 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) lszcilding heigIzt artd 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. (k) Other code requirements. The ADU shall comply with all applicable building codes. (1) Lot size, mirzinzzzzn; principal residence min- imum. Aminimum lot size of six thousand six hundred (6,600) square feet is required and the Supp. No. 16 878 BUILDINGS AND BUILDING REGULATIONS 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) Design. 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 WU 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- ante with applicable criteria and other applicable provisions of the city code and comprehensive plan (see section 20-27 and section 20-33). (Ord. No. 2010-08, § 2, 10-25-10) Sec. 6-86. Screen enclosures. (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. (b) Mesh; load requirements. Mesh sizes shall not be smaller than twenty (20) by twenty (20) threads per inch, nor larger than eighteen (18) threads by fourteen (14) threads per inch. Design computations and construction details of screen enclosures shall be supplied with all plans show- ing that same comply with wind load and live load requirements of the building code of the city. (c) Setbacks. The screen enclosure 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 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 shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high-water control level. (d) Height. The screen enclosure shall not be higher than the primacy structure on the subject property, except when the principal structure exceeds twelve (12) feet. In which case, the screen enclosure shall be set back an additional two (2) feet from the minimum setback requirements contained in subsection (c) for every additional foot above twelve feet. (e) Easements. Screen enclosures shall not be constructed within an easement area, unless the easement expressly allows said construction. (f) Screen enclosure modifications. If any por- t; of an existing screen enclosure is modified so thait no longer satisfies the definition in subsec- n tio(a), the modified screen enclosure shall meet Supp. No. 16 379 WINTER SPRINGS CODE all building setback and height requirements that are applicable to principal and accessory build- ings for the subject property. (Ord. No. 2002-31, § 3, 10-28-02; Ord. No. 2010- 083 § 2, 10-25-10) Note —Formerly numbered as § 6-85. Sec. 6-87. Minimum setback requirements within PUD zoning districts. (a) General. Unless otherwise provided else- where in the City Code or upon a plat of record previously approved by the city commission, the principal building setbacks for property zoned planned unit development (PUD) shall be as follows: (1) Front yards. The front yard shall not be less than twenty-five (25) feet in depth; (2) Rear yards. The rear yard shall not be less than ten (10) feet in depth; (3) Sidn y,:rrd^. The side yard shall not be less than five (5) feet on each side of the dwelling structure; and (4) Corner yards. On corner lots, the front yard set back of twenty-five (25) feet must be maintained, at a minimum, on all sides abutting public rights -of -way. Notwithstanding the minimum setback require- ments of this subsection, zero lot line property shall be governed by subsection (b) below. (b) Zero lot line. Unless otherwise provided elsewhere in the City Code or upon a plat of record previously approved by the city commis- sion, the principal building setbacks for zero lot line property zoned planned unit development (PUD) shall be as follows: (1) Front yards. The front yard shall not be less than twenty-five (25) feet in depth; (2) Rear yards. The rear yard shall not be less than three (3) feet in depth. However, rear yard building setbacks may, upon ap- proval of the city manager, be reduced to zero (0) feet, provided that the rear lot line abuts common open space or property that is otherwise restricted and not suit- able for development, (other than trans- portation rights -of --way); (3) Side yards. The side yard shall not be less than five (5) feet on one (1) side of the dwelling structure. Side yard building set- back lines may, upon approval of the city manager, be reduced to zero (0) feet for end units that abut common open space or property that is otherwise restricted and not suitable for development, (other than transportation rights -of --way); and (4) Corner yards. On corner lots, the front yard set back of twenty-five (25) feet must be maintained, at a minimum, on all sides abutting public rights -of --way. (c) Conflicts. In the event of any conflict be- tween the requirements of this section and any declarations of covenants and restrictions govern- ing site conditions of a PUD development within the city, the more restrictive shall apply. In the event of any conflict between the requirements of this section and any recorded development agree- n7elit approved by the city commission or court approved settlement agreement governing site conditions of a PUD development within the city, the conflicting provision in the development agree- ment or court approved settlement agreement shall prevail. (d) New PUD developments. Nothing con- tained in this section shall be construed as liinit- ing the city commission's authority to impose setback requirements greater than the minimum requirements of this section for PUD develop- ments approved after the effective date of this section. (Ord. No. 2004-31, § 2, 7-16-04; Ord. No. 2009-04, § 2, 4-13-09; Ord. No. 2010-08, § 2, 10-25-10) Note —Formerly numbered as § 6-86. Sec. 6-88. 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 allowing to be installed a temporary storage struc- Supp. No. 16 380 BUILDINGS AND BUILDING REGULATIONS ture within the City of Winter Springs. The per- mit shall be limited to a specific address and shall aHow 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 (12) 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 will 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 or city commission; provided an exten- sion granted by the city manager shall not extend beyond the date for the next regularly scheduled city commission meeting. Good cause being lim- ited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. (Ord. No. 2001-16, § 1, 7-9-01; Ord. No. 2010-08, § 2, 10-2540) Note —Formerly numbered as § 6-87. Secs. 6-59-6-100. Reserved. ARTICLE IV. ELECTRICITY* Sec. 6-101. Electrical code adopted. The city hereby adopts in its entirety that certain electrical code known as the National Electrical Code, 1999 Edition as published by the National Fire Protection Association and the Cen- tral Florida Advisory Committee Notice "M", ex- cept as otherwise provided in this article. (Code 1974, § 5-53; Ord. No. 517, § 2, 2-24-92; Ord. No. 605, § III, 11-27-95; Ord. No. 752, § I, 12-6-99) Sec. 6-102. Terms defined. The words "electrical inspector" when used in the electrical code adopted by section 6-101 shall mean the city building inspector. (Code 1974, § 5-54) Sec. 6-103. Electrical inspection. The building department for the city shall make all inspections, issue all permits and en- force all provisions of the National Electrical Code adopted in section 6-101 within the city. (Ord. No. 665, § IV, 11-27-95) Sec. 6404. Fees. All applications for electrical permits shall be accompanied by an appropriate electrical permit fee as set forth by the city commission pursuant to resolutions adopted under the authority of this article which are on file in the city clerk's office. (Ord. No. 605, § V, 11-27-95) Secs. 6405-6425. Reserved. ARTICLE V. PLUMBING' Sec. 6-126. Plumbing code adopted. The city hereby adopts in its entirety that certain plumbing code known as the Standard ••"•'Cross references —Electrical requirements for installa- tion of swimming pools, § 6-220; fire prevention and protec- tion, Ch. 7. State law reference —Electrical code, F.S. § 553.19, I Cross references —Fences, walls, hedges, etc., § 6-186 et seq.; plumbing requirements for swimming pools, § 6-221; obstruction of fire hydrants prohibited, § 7-4; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; utilities, Ch. 19. State law reference —Plumbing code, F.S. §§ 553.06, 553.73. Supp. No. 16 381 WINTER SPRINGS CODE Plumbing Code, 1994 Edition, excluding Appen- dix H, as promulgated by the Southern Building Code Congress International, Inc., except as oth- erwise provided in this article. (Code 1974, § 5-71; Ord. No. 461, § 2) 6-26-89; Ord. No. 517, § 3, 2-24-92; Ord. No. 605, § VHI 11-27-95) Sec. 6-127. Terms defined. The term "plumbing inspector" when used in the plumbing code adopted by section 6-126 shall mean the city building inspector. (Code 1974, § 5-72) Sec. 6-128. Plumbing inspection. The building department for the city shall make all inspections, issue all permits and en- force all provisions of the Standard Plumbing Code adopted in, o^ction 6-126 Tvithin the city. (Ord. No. 605, § VIII, 11-27-95) Sec. 6-129. Fees. All applications for plumbing permits shall be accompanied by an appropriate plumbing permit fee as set forth by the city commission pursuant to resolutions adopted under the authority of this article which are on file in the city clerk's office. (Ord. No. 605, § IX, 11-27-95) Secs. 6-130-6-145. Reserved. ARTICLE VI. MECHANICAL Sec. 6-146. Standard Mechanical Code ad- opted. The city hereby adopts in its entirety the Standard Mechanical Code 1997 Edition exclud- ing Appendix B, as promulgated by the Southern Building Code Congress International, Inc., ex- cept as otherwise provided in this article. (Code 1974, § 5-165; 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, 142-98) Sec. 6-147. Definitions. (a) The word "city" as used in the code adopted in section 6-146 refers to the City of Winter Springs, Florida. Supp. No. 16 382 BUILDINGS AND BUILDING REGULATIONS § 6-300 Secs. 6-282-6-299. Reserved. tenance Code. Violations shall con- stitute a public nuisance and shall be deemed a strict liability offense. ARTICLE XIII. INTERNATIONAL PROPERTY MAINTENANCE CODE (2) Violations of the Maintenance Code shall be prosecuted by the city by Sec. 6=300. International Property Mainte- any lawful means available includ- nance Code adopted. ing, but not limited to, actions before the code enforcement board, civil code The city hereby adopts in its entirety the 2006 enforcement citation, and by an in - International Property Maintenance Code, a copy dependent action before a court of of which is attached hereto as Exhibit "A" (herein law. Penalties and additional city after referred to as "Maintenance Code"), except remedies for violations hereof shall as amended as follows: be as provided under section 1-15 of the city code. For purposes of a civil (a) Pursuant to section 101.1 of the Mainte- citation, each violation shall consti- tute a class IV violation. The regulations shall be know as the "Property Maintenance Code of the City (3) In the event that a person fails to of Winter Springs." comply with a notice of violation issued by a code official or order (b) Section 101.3 of the Maintenance Code is rendered by the code enforcement amended in its entirety to read as follows: board, the city manager is hereby Application of other codes, repairs, ad- authorized to take lawful steps in- ditions or alterations to structure, or cluding, but not limited to, institut- changes of occupancy, shall be done in ing an appropriate proceeding at law accordance with the procedures and pro- or in equity to restrain, correct, or visions of the Florida Building Code, Flor- abate such violation, or to require ida Fire Prevention Code, Florida Life removal or termination of the unlaw- Safety Code, and the City Code. It is not ful occupancy of the building in vio- the intent of the Maintenance Code to aation of this Maintenance Code. If affect any of the requirements in the the city causes the conditions consti- City's zoning code. tuting the violation to be immedi- ately remedied, any expenses in- (c) Section 102.7 of the Maintenance Code is curred by the city to remedy the deleted in its entirety. violation including, but not limited to, contractor and material costs, ad- (d) Section 103 is deleted in its entirety and ministrative overhead, attorneys fees, replaced with the following: and other related costs shall be as - The "code official(s)" responsible for en- sessed by lien against the property forcing the provisions of the Maintenance on which the violation occurs. Such Code shall be the city's code enforcement assessment liens shall be prior to all officers and the city's building official or other liens on such property except such other person deemed qualified by the the lien of state, county, and munic- city manager. ipal taxes and shall be in parity with the lien of such state, county and (e) Section 106 is deleted in its entirety and municipal taxes. Such liens, when replaced with the following: delinquent for more than 30 days, (1) It shall be unlawful for any person, may be foreclosed by the city in the corporation, or other entity to be in manner provided by law for the fore - violation of any provision of this Main- closure of mortgages. Supp. No. 16 389 § 6-OW (g) WINTER SPRINGS CODE 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 na7•it1r with the lion of mich st- t , county and municipal taxes. Such liens, when delinquent for more than 30 days, may be foreclosed by the city in the man- ner provided by law for the foreclosure of mortgages. 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 111.1 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 a cr�J e tc them ". stutcd n. th. cods. (i) The first sentence of Section 302.4 is amended to insert "ten (10) inches." (j) Section 304.14 is amended to delete the preface in the first sentence, "During the period from [DATE] to [DATE],". (k) Section 602.3 and 602.4 are amended to add a date range of "October 15 to April 30." (1) Chapter 7 is amended to substitute all references to the "International Fire Code" with the reference to the "Florida Fire Prevention Code." In additional, all refer- ences to the "International Building Code" shall be substituted with the reference to the "Florida Building Code." (m) Chapter 8 is deleted in its entirety. (Ord. No. 2008-07, § 2, 4-14-08; Ord. No. 2010-09, § 2 4-26-10) Sec. 6-301. Supplemental; minimum stan- dards. The Maintenance Code shall be deemed sup- 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- Supp. No. 16 390 LAND DDVELOPMENT ARTICLE I. IN GENERAL Sec. 9-1. Definons. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alley means aright -of --way providing a second- ary means of access and service to abutting prop- erty. Block includes "tier" or "group" and means a group of lots existing within well-defined and fixed boundaries, usually being an area sur- rounded by streets or other physical features and having an assigned number, letter or other name through which it may be identified. Building shall mean any structure designed or built for the support, enclosure, shelter or protec- tion of persons, animals or chattels of any kind. Ditch means an open cut with a slope deeper than 3:1. Easement means any strip of land created by a subdivider for public or private utilities, drain- age, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude. Flag lot shall mean any lot with less than the required lot width at the front set back as speci- fied in the bulk regulations for a zoning district that widens in a corridor or driveway like fashion to the required minimum width farther from the street. Flag lots, although not a favored and traditional shape of a buildable lot, are intended to allow development of parcels that would other- wise be undevelopable due to constraints of ter- rain or size and shape of the original parcel. Inaprouenzents may include, but are not limited to, street pavements, curbs and gutters, side- walks, alley pavements, walkway pavements, wa- ter mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent ref- erence monuments (PRM's), permanent control points (PCP's), or any other improvement re- quired by a governing body. Lot, tract or parcel means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter or other name through which it may be identified. Plat means a map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other infor- mation in compliance with the requirements of all applicable sections of this chapter and of any local ordinances, and may include the terms "replat," "amended plat" or "revised plat." Plat, final means the final plat and supporting data representing a land survey of lots, blocks and streets, and the engineering plans and spec- ations for streets, utilities and other improve - meats. Pla�z, preliminary means a preliminary plan with supporting data for a proposed development of streets, lots, block and utilities. Public utility includes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, telephone line, or cablevision whether underground or overhead. Right -of --way means land dedicated, deeded, used or to be used, for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purpose by the public, or certain designated individuals or governing bod- ies. Street includes any accessway such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place or cul-de-sac and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such street, whether improved or unimproved, but shall not include those ac- cessways such as easements and rights -of -way intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers and easements of ingress and egress. Streets shall be classified as follows: (1) Arterial. (2) Collector. (3) Minor, as set out in section 9-146 herein. Supp. No. 16 561 WINTER SPRINGS CODE Subdivision means the platting of real prop- erty into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, and includes establishment of new streets and alleys, additions and resubdivisions, and when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided; and further means the division of a lot, parcel or tract of land, whether improved or unimproved, into three (3) or more contiguous lots or parcels of lands, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether imme- diate or future, of transfer of ownership, or if the establishment of a new street is involved, any division of such parcel. The term includes a resubdlvlslon 9nd, wlien gnnr(lnrigfP to tl1f voTn- text, relates to the process of subdividing or to the land subdivided. Swale means an open cut with a slope ratio of the front face, or roadside face, which is shallower than 3:1. Ti•ee preser•uation, see section 5-1. (Code 1974, § 14-1; Ord. No. 2005-23, § 2, 9-12- 05). Sec. 9-2. Division of land; city commission approval required. No owner of real property being a subdivision or lot split as defined in this chapter, shall sell lots or tracts of land from such property without first having divided such property in accordance with the requirements hereof. Before such lot or tract is divided, the lots or tracts proposed to be divided shall be surveyed by a duly licensed surveyor and approved by the city commission by plat, lot split resolution, or development agreement (see section 944 for property zoned town center) in accor- dance with the specific applicable provisions of this chapter and F.S. Ch. 177. No permit shall be issued for the construction of any building or structure or for an electrical hookup on any lot or tract sold in violation of this chapter; provided, however, that any such violation can be remedied by complying with the provisions of this article. (Code 1974, § 14-3; Ord. No. 2005-23, § 2, 9-12-05) Sec. 9-3. Dividing platted property. An owner of a single lot or parcel of sufficient size that satisfies zoning bulk regulations, except in a platted area of a planned unit development, may, with prior approval of the city commission, divide an originally platted single lot or parcel by dividing the lot or parcel under the replatting, lot split, and town center development agreement requirements set forth in this chapter. Each par - or lot so divided shall in every respect meet the criteria established elsewhere in this Code for the category of zoning and other relevant Codes un- der which the property is zoned and each parcel or lot shall meet the engineering requirements set out elsewhere in this chapter. In such instance, and only within the strict application of this section, may the full provisions of this chapter be waived and variances granted thereto. For plat- ted areas of a planned unit development, the owner must not only comply with the provisions t of irs chaptci, but must also comply with the planned unit development procedures in chapter 20 of this Code. (Code 1974, § 14-3.1; Ord. No. 2005-23, § 2, 9-12-05) Sec. 9-4. Waiver to engineering development plan requirements. For subdivisions or lot splits where no new streets, water, sewer, or drainage or other infi•a- structure are involved, application for approval of preliminary or final engineering development plans may be waived provided, however, that a plat of the proposed subdivision or the metes and bounds legal description of the proposed lot split is ap- proved by the city commission in accordance with section 9-2. (Code 1974, § 14-3.2; Ord. No. 2005-23, § 2, 9-12-05) Sec. 9-5. Variances. (a) The city commission may grant a variance from the terms of this chapter when such vari- ance will not be contrary to the public interest, and where owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardships. Such vari- Supp. No. 16 562 LAND DEVELOPMENT ante shall not be granted if it has the effect of nullifying the intent and purpose of this chapter. (b) A written application for such variance must be submitted demonstrating that special conditions exist which are peculiar to the lands, structures or required subdivision improvements involved and which are not applicable to other lands, structures or required subdivision improve- ments. Application shall be accompanied by the fee for a variance as specified in the fee schedule currently in effect. (c) Before any variance shall be granted, a public hearing on the proposed variance shall be held by the city commission. Notice of such public hearing shall be published fifteen (15) days prior to the hearing in a newspaper of general circula- tion in the county. Such notice shall also be posted fifteen (15) days prior to the hearing in three (3) separate places in the city, and be mailed to all persons who are record owners of property within one hundred fifty (150) feet of the subject prop- erty. (d) The city commission shall make findings that the requirements of each portion of this section have been met. The city commission shall further make a finding that the reasons set forth in the application justify granting of the variance and that the variance is the minimum variance that would make possible the reasonable use of the lands, buildings or other improvements. (e) The city commission shall make a further finding that the granting of the variance would be in harmony with the general purpose and intent of this chapter and will not be injurious to the surrounding territory or otherwise detrimental to the public welfare. (f) In granting any variance, the city commis- sion may prescribe appropriate conditions and safeguards, to such variance, and when made a part of the terms which the variance is granted a violation of any term or condition shall be deemed a violation of this chapter and shall be punishable as such. (Code 1974, § 144; Ord. No. 2010-09, § 2, 4-26-10) Sec. 9-. Appeals from granting of variances. 6 Any interested party aggrieved by a variance decision by the city commission may appeal the decision to a court of competent jurisdiction. (Code 1974, § 14.5; Ord. No. 2010-09, § 2, 4-26-10) Sec. 9-7. Enforcement and penalties. (a) The city commission or any aggrieved per- son may have recourse to such remedies in law and equity as may be necessary to ensure compli- ance with the provisions of this chapter, including unctive relief, to enjoin and restrain any per- son from violating the provisions of this chapter and any rules and regulations adopted under this chapter, and the court may, upon proof of the violation of this chapter, issue such temporary and permanent injunctions as are necessary to prevent the violation of this chapter. (b) Any person violating or failing to comply with the terms and provisions specified herein, shall be punished, upon conviction and at the discretion of the court, by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not exceeding sixty (60) days, or by both fine and imprisonment. Each day that a violation is per- mitted to exist shall constitute a separate offense. (Code 1974, § 14-6; Ord. No. 2010-09, § 2, 4-26-10) Sec. 9-8. Soil, rock, etc., removal. (a) It shall be unlawful for any person to remove from any real property within the city any soil, subsoil, rock, or sand without approval as provided herein. Prior to such removal such per - shall file with the city manager an application which shall include a written consent of the owner for such removal. The city manager shall present the application to the city commission for its approval. If the commission approves the ap- plication, the mayor shall issue a written permit for such removal. (b) Unless such removal becomes a public nui- sance or endangers the public health, safety or welfare, no permit would be necessary other than a building permit for the removal which would be Supp. No. 16 563 WINTER SPRINGS CODE incident to the preparation of single-family homes or auxiliary structures such as patios, swimming pools or driveways. (Code 1974, § 9-5) Sec. 9-9. iieplatting0 Originally platted lots or parcels maybe replat- ted in accordance with the platting provisions of Chapter 177, Florida Statutes and this chapter. (Ord. No. 2005-23, § 2, 9-12-05) Sec. 9-10. General criteria for approval. Before any plat replat or lot split application is approved by the city commission under this chap- ter, the applicant must demonstrate, and the city commission imist find that the proposed l;t replat or lot split meets the following criteria: approved plans designated for fu- ture development. The proposed lots shall be included in the calculation of the average. (d) The application does not create any lots, tracts of land or developments that do not conform to the City Code. (e) The application does not create burden- some congestion on the streets and high- ways. (f) The application promotes the orderly out and use of land. (g) The application provides for adequate light and air. (h) Tl.c appl. ut'.Oii does..:.t C,r2at�, uvvi'Civvvu- ing of land. (a) The application is in compliance with the (i) The application does not pose any signif- provisions of this chapter and applicable icant harm to the adequate and economi- 1a1'cal provision of water, sewer, and other (b) The application is consistent with the public services. city's comprehensive plan and applicable (j) The application provides for proper in - city master plans. gress and egress through a public or ap- (c) The application is compatible and in har proved private street or perpetual cross access easements. mony with the surrounding neighborhood including with respect to the size of exist- (Ord. No. 2005-23, § 2, 9-12-05; Ord, No. 2006-11, ing surrounding lots and development § 2, 9-11-06) trends in the neighborhood which have Sec. 9=11. Lot splits. been previously approved by the city com- mission. For properties zoned residential The city commission may by resolution at a (excluding planned unit developments and public hearing grant waivers from the platting Town Center), the resulting lots must requirements of this chapter for divisions of land comply with the following additional min- that constitute a lot split: imum standard: (a) For purposes of this section, the term "lot (1) The size of each proposed lot must be split" shall mean a division of a tract of equal to or greater than the average land or lot that will result in the creation size of all lots that are located within of exactly one (1) additional lot or tract of a one thousand (1,000) foot radius land provided the following conditions are around the outer perimeter of the met: proposed lots and have the same city zoning designation as the proposed (1) The lot or tract of land to be split is lots. The average shall be defined as a previously platted lot or legal de - the arithmetic mean and shall be scription of record. determined using the average of all (2) Each lot or tract of land created residential lots, excluding lots and hereunder shall abut a public or tracts reserved for stormwater, con- approved private street, unless per- servation, and areas on previously petual cross -access easements al - No. 16 564 LAND DEVELOPMENT ready exist on the lot to be split or (c) No further division of an approved lot are determined not to be necessary, split is permitted under this section, un- or, if necessary, are provided by sep- less a plat is prepared and approved in arate instrument. accordance with this chapter. (3) The lot split shall in every respect (Ord. No. 2005-23, § 2, 9-12-05) meet the criteria established else- where in this chapter and the City Sec. 9=12. Flag lots. Code for the category of zoning and The platting, replatting, or splitting of land other relevant Codes under which into flag lots is prohibited, unless the city com- the property is zoned. mission determines that a traditional lot shape is (b) Every lot split shall be processed in the impracticable and the flag lot is necessary to following manner: permit the development of land that would other- wise be undevelopable due to constraints of ter- (1) An application form provided by the rain or size and shape of the original parcel. community development department shall be completed and filed with the (Ord. No. 2005-23, § 2, 9-12-05) department, accompanied with the Sec. 9-13. Exemptions. following: a. An application fee approved by The following are exempt from the platting, the city commission by resolu- replatting and lot split requirements of this chap- tion; ter: b. Twelve (12) paper copies of the (a) Lots or parcels that have been created or proposed lot split; reconfigured as a result of condemnation c. A statement indicating whether or other governmental acquisition, sub - new streets, water, sewer, drain- ject to meeting all other applicable devel- age structures, or other infra- opment standards; structure are required off=site to provide sufficient access or (b) Lots or parcels that have been created or reconfigured as a result of vacated public municipal services to the sub- ject land; and right-of-way or railroad rights -of --way; d. Legal descriptions and acreage (c) Lots or parcels created or reconfigured of the two proposed lots or tracts pursuant to court order; of land and a scaled drawing showing the intended division (d) Cemetery lots or parcels and/or interest therein; shall be prepared by a duly licensed land surveyor regis- (e) Utility stations, including, but not limited tered in the state. If a lot or to, public well or water tower sites, sewer tract of land contains any prin- lift stations sites, and public stormwater cipal or accessory structures, a facility sites; survey showing the structures on the lot or tract of land shall M Creation and reconfiguration of public accompany the application. right-of-way; and (2) Upon approval of the lot split by (g) Condominium parcels or units created resolution of the city commission, pursuant to the Florida Condominium the resolution shall be duly recorded Act, provided a site plan and engineering in the public records of Seminole development plans are approved by the County and recorded on the appro- city commission. priate city maps and documents. (Ord. No. 2005-23, § 2, 942-05) Supp. No. 16 564.1 § 9-14 WINTER SPRINGS CODE Sec, 9-14. Town center zoned property. The City Commission recognizes that Lite Town Center is subject to a master plan set forth in the Comprehensive Plan and the Town Center Dis- trict Code. Further, in accordance with the master plan, the Town Center will be divided into a series of streets, squares, parks, blocks, and parcels. In order to facilitate the implementation of the Town Center master plan, land may be divided by plat, lot split resolution, or in accordance with a re- corded development agreement unless an exemp- tion set forth in section 9-13 is applicable. All development agreements shall be subject to ap- proval by the city commission after the initial effective date of this section. The development agreement shall not permit the creation of resid- ual parcels or trnrts thut ny� ?� mil^ 71 t r__ ".� puu.c ay city standards excluding those lands that are dedicated to the public. Moreover, the develop- ment agreement shall set forth the surveyed legal description and proposed development plan of the land that may be divided and any other terms and conditions deemed necessary by the city commis- sion to permit the division of land in accordance with the Town Center District Code and the general criteria set forth in section 9-10. Notwith- standing, town home and single family residen- tial projects with more than three (3) units shall require a plat. (Ord. No. 2005-23, § 2, 9-12-05) Secs. 9-15-9-25. Reserved. ARTICLE II. PROCEDURE FOR SECURING APPROVAL OF PLANS AND PLATS DIVISION 1. GENERALLY Sec. 9-26. Maps, engineering plans and plats to be submitted in preliminary and final form. Nine (9) copies of all maps, engineering plans or plats of subdivisions of any land within the city or other projects (condominiums, mobile home parks, etc.) subject to the provisions of this chap- ter, shall be submitted originally in preliminary form for preliminary approval. Subsequently plans shall be submitted to the city commission in final form for final review and approval prior to the approval to record such plat, or prosecute such plan. Final submittal to the city council shall be preceded by the approval of the appropriate city agencies, as indicated in this chapter, who shall determine whether all applicable requirements have been complied with by the applicant. (Code 1974, § 14-23) Secs. 9-27-9-45. Reserved. DIVISION 2. PRELIMINARY PLAN Sec. 9-46. Filing and contents of prelimi- YYax•y map and plan. (a) Preapplication approval procedure. It is recommended that any developer contemplating subdividing land in the city consult with city planning, building and engineering officials be- fore laying out any such plan. The above -refer- enced officials shall advise such person in the preparation of any such plan particularly as re- gards the requirements of these regulations. (b) Preliininai y plan. (1) The applicant shall prepare and submit a preliminary subdivision map and/or plan together with other supplementary mate- rial specified below, accompanied by the appropriate form and fee to the city plan- ner who shall process the application in accordance with provisions of this Code. Processing shall be as follows: a. City planner. b. City engineer. c. Staff review. d. Planning and zoning board. e. City council. (2) Preliminary plan supporting data. The preliminary plan shall be drawn on stan- dard twenty -four -inch by thirty -six-inch paper for convenient filing at a reasonable Supp. No. 16 564.2 LAND DEv1�LOPMENT scale (normally one (1) in equals one hundred (100) feet) and shall include the following: a. Name of development; date of pre- liminary plan or revision; scale of plan; north arrow; approximate acre- age in the tract being subdivided; total number of lots; name, address and telephone number of developer, surveyor and engineer. b. Location map showing relationship between area proposed for develop- ment and surrounding area. c. Legal description of tract to be sub- divided. d. Boundaries of tract shown by a heavy line. e. Existing streets. The name, location and right-of-way width of all exist- ing improved streets, rights -of --way and platted streets within two hun- dred (200) feet of the proposed sub- division; surface elevation, including any legally established centerline el- evations; walks, curbs, gutters, cul- verts, etc. f. Proposed streets. The name of tem- porary designation (Street A, B, C, etc.), right-of-way, and type and width of pavement. Include any streets shown on the adopted comprehen- sive plan. g. Proposed easements or rights -of - way other than for streets (e.g., for drainage, pedestrian ways, bridle paths, or bicycle paths), location, width and purpose. h. Lots. Lot lines and scaled dimension, lot numbers, and/or block numbers, and building setback lines for irreg- ularly shaped lots. The building set- back distance is the distance re- quired to meet the minimum lot width of the zoning district. i. Sites, if any, for multifamily dwell- ings, shopping centers, churches, in- Supp. No. 16 564.3 9-46 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 564.4 LAND Lin v1JLOPMENT (2) Minimum distance and setbacks. The park- ing space, if on the same lot with a main building, shall not be located within the front yard required by the sections of this Code for such building. If not on the same lot with the principal building, the park- ing lot shall not be closer to any street line than the established building line on ad- jacent properties, or less than the setback required for the district in which the parking area is located. Further, any wall, fence of hedge developed along the street side of the parking lot shall observe the building setback requirements applicable on such street or streets. (3) Screening and landscaping. All parking lots shall be effectively screened on each side which adjoins or fronts property sit- uated in any residential or multiple dwell- ing district by a wall, fence or densely planted, compact hedge. Such wall, fence or hedge shall be not less than three (3) feet nor more than four (4) feet in height and shall be maintained in good condi- tion. (4) Lighting. Any lighting used to illuminate any off-street parking lot shall be so ar- ranged as to reflect the light away from adjoining properties. (5) Plot plan showing location of parking area. No application for a building permit for a new, enlarged or altered structure or im- provement or use shall be approved un- less accompanied by a plot plan drawn to scale, showing the required off-street au- tomobile parking facilities as specified herein; nor shall a permit be issued for the improvement of a parking area to serve as an accessory use to an existing building or buildings until a plat plan drawn to scale has been submitted in accordance with the provisions contained herein. (6) Certificate of occupancy or use permits. No certificate of occupancy or use permits will be issued upon completion of any building or addition which would require an increase in parking space or off-street loading and unloading space, unless and until all off-street parking and loading space requirements, shown upon the plans, are made a part of the building permit, shall be in place and determined by the building official to be ready for use. (7) Reserved. (8) Loading space. As required under off- street loading and unloading regulations, the space supplied for such off-street load- ing and unloading purposes shall not be construed as supplying required off-street parking space. (9) Location of parking spaces. Parking spaces provided pursuant to this section must be graveled or hard -surfaced and properly drained and shall be located on the same property as the principal building, or on a properly zoned lot within three hundred (300) feet of the building. Such distance shall be walking distance measured from the nearest point of the parking lot to the nearest boundary of the property on which the building is located and that the park- ing lot is required to serve. In determin- ing automobile parking spaces, if not shown by actual plan and count, three hundred (300) square feet of gross area per parking space will be used in computing the num- ber of spaces. When units of measure- ments determining the number of re- quired off-street parking and off-street loading spaces result in a requirement of a fractional space, any fraction up to and over one-half shall require one (1) off- street parking space or one (1) off-street loading space. (10) Collective action relative tooff-street par•h- i�zg azzd loadizzg. Nothing in the sections of this Code shall be construed to prevent the joint use of off-street parking or off- street loading space for two (2) or more buildings or uses if the total of such spaces, when used together, shall not be less than the sum of the requirements for the vari- ous individual uses computed separately in accordance with the off-street parking Snpp. No. 19 589 WINTER SPRINGS CODE regulations and off-street loading and un- loading regulations of the sections of this Code. (11) Mixed asses. In the case of mixed uses, the total requirements of off-street parking and loading space shall be the sum of the requirements of the various uses com- puted separately as specified in the off- street parking regulations and off-street loading and unloading regulations of the sections of this Code, and the off-street parking and off-street loading and unload- ing space for one (1) use shall not be construed as providing the required off- street parking or off-street loading space for any other use. (1G) Use of �-egaci�•ed of/=street parking by an- other building. No part of an off-street parking lot required for any building or use for the purpose of complying with the Provisions of the sections of tliis Coils, shall be included as a part of off-street parking area, similarly required for other buildings or uses, unless the type of struc- ture indicates that the periods of usage of such structures will not be simultane- ously used with each other, such determi- nation to be made by the planning and zoning board; or unless the size of the off-street parking lot is sufficient to com- ply with the provisions of the sections of this Code. (13) Remote parking lots encumbered. Where the provisions of the off-street parking for a building or other use established subse- quent to the adoption of this section in- volves one (1) or more parcels or tracts of land that are not a part of the plat on which the principal use is situated, the applicant for a permit for the principal use shall submit with his application for a building permit an instrument duly exe- cuted and acknowledged, which subjects such parcels or tracts of land to parking uses in connection with the principal use for which it is available; provided, how- ever, that such encumbrance shall only be effective for the period of time during which the certificate of occupancy is in effect for the particular use for which the building permit is issued. However, the new occupant must still meet the require- ments for such new occupancy as pro- vided by the sections of this Code. The applicant shall deposit the necessary re- cording fee and upon issuance of a build - permit, the building official of the city shall cause such instrument to be re- corded in the office of the clerk of the county circuit court. Such encumbrances shall be null and void and of no effect, if and when the city shall rescind or termi- nate off-street parking requirements for the building to be served by the encum- bered lot, parcel or tract. (14) Poaoers of variaaace of city commission. The city commission is hereby authorized and empowered after a proper hearing thereon with duo notice to the intntnetnd parties, to permit a variation or modifica- tion in the required location of off-street parking space, if after investigation by such board it is found that such variation is necessary to prevent unreasonable hard- ship or to secure an appropriate develop- ment of a specified parcel of land which has peculiar or exceptional geographical or topographical conditions, or is a size, shape, dimension, or location that it can- not be reasonably developed in accor- dance with the provisions of sections of this Code, as herein authorized will not be inconsistent with the spirit and purpose of this section. In granting any variations or modifications as herein authorized such city commission may impose conditions and limitations in respect to the proposed use and development of the premises as in its judgment are necessary in order to provide adequately for the public safety and to do substantial justice to the parties involved, having in mind the public inter- est, safety and welfare in connection there- with; provided, however, that nothing herein shall be construed to limit or cur- tail the existing authorities and powers of the city commission, and this provision Supp. No. 16 590 LAND DEVELOPMENT shall be deemed cumulative, and in addi- tion to such existing powers and authori- ties. (15) Accessory parking in residential areas. A lot or lots separated by a common bound- ary from a commercial district but located in a R-lA or R-1AA single-family dwelling district may be used as a free parking lot or lots to service the contiguous and ad- joining commercial use or uses, provided, however, that: a. No advertising signs are erected in the area. b. The setback from the fi•ont property line shall be the same as for the district in which the lot or lots are located. c. All automobile parking lots shall be effectively screened on each side which adjoins or fronts property sit- uated in any residential or single- family dwelling district by a wall, fence or densely planted compact hedge. Such wall, densely planted hedge or fence shall not be less than four (4) feet in height and shall be maintained in good condition. d. No structures shall be erected in such areas. (16) Common boundary construed. For the pur- pose of (15) above, the term common bound- ary shall be deemed to include all or any part of a line between a commercial dis- trict and an R-1, R-lA or R-1AA single- family dwelling district, or the separation of a commercial district from an R-1, R-1A, and R-IAA single-family dwelling district by an intervening public street, alley or other way where the parcels in question lie wholly or partly in a position directly opposite from each other in such a manner that in the absence of the public street, alley or way, the parcels would have a common boundary line in whole or in part. (Ord. No. 44, § 44.73, 1-8-68; Ord. No. 2003-36, § 10-13-03; Ord. No. 2010-09, § 2, 4-26-10) Sec. 9-279. Off-street parking of commer- cial vehicles. Except for the temporary parking of vehicles conducting business on the premises or engaged in the loading or delivering of materials, no over- night parking of tractor trailers, cube vans, semi- trailers and/or cabs shall be permitted on any off-street parking facility within the city. Vehicles owned or operated by the business located on the licensed premises may be parked overnight pro- vided that they are parked behind the business or, if sufficient rear lot space is not available, in the least visible space from any right-of-way and abutting property. A special events permit may be obtained for a period not to exceed fourteen (14) days for the temporary parking of a trailer, semi- trailer, and/or their cabs for special occasions. After ninety (90) days, this permit may be re- newed once during a twelve-month period. (Ord. No. 721, § 11 6-28-99) DIVISION 7. DUMPSTERS. Sec. 9-280. Definitions. As used in this division the word "dumpster" shall mean any container which is used for the collection and disposal of bulk trash, refuse, veg- etative waste, recyclable materials or other kinds of waste, and which may be of the open or en- closed variety, and is typically hoisted onto or mechanically emptied into a specifically equipped truck for transporting said waste to a designated facility. Dumpsters are typically used for multi- family, commercial, and industrial land uses. A. No. 2002-13, § 1, 5-13-02) Sec. 9-281. Minimum screening require- ments. All dumpsters shall be screened on all four (4) sides from public view and situated under the following minimum screening, design, and locational requirements: (1) Both sides and the rear of the dumpster shall be screened by an opaque wall made of concrete, brick, stone, or other similar durable material, provided the material used is compatible with the architectural design of the principal structure. The wall Supp. No. 16 591 WINTER SPRINGS CODE shall be at least six (6) feet in height or the height of the dumpster, whichever is greater. The wall shall be designed to permit adequate and reasonable truck pick-up by the solid waste hauler. (2) The fi•ont of the dumpster shall be screened by an opaque gate which shall remain closed at all tunes, except for trash dis- posal and pick-up. (3) Dumpsters shall be placed in an area that is least visible from the public right-of- way and shall be situated so as to provide for adequate and reasonable truck pick-up by the solid waste hauler. (4) Dumpsters shall be placed on a concrete Pad u (A' -1 iu,Yetviuus surface ueeuieu suitable by the city. (5) Restaurants or other commercial busi- nesses that discard significant amounts of food or other materials that decay, pro- duce offensive odors or liquids, and/or attract infectious diseases shall be re- quired to equip the dumpster site with a sewer drain and water. The sewer drain and water source shall be subject to ap- proval by the city. These dumpster sites shall be cleaned with water and appropri- ate cleaning products frequently and as often as necessary to keep the dumpster in a sanitary condition. (6) Landscaping around the dumpster may be required if deemed necessary by the city in order to make the dumpster com- patible with the surrounding neighbor- hood and the site development. (7) All new dumpsters shall comply with the minimum requirements set forth herein upon the effective date of this division. The city commission may, by resolution, approve a standard set of engineering plans for an enclosed dumpster. Said plans may be used by the public to satisfy the requirements of this section. All dump- sters existing on the effective date of this division shall comply with the minimum requirements set forth herein by March 1, 2004, except that any such existing dump- ster shall be grandfathered from the six- foot height requirement set forth in sec- tion 9-281(1) and applicable zoning setback requirements, provided the dumpster fully complies with all other provisions of this section. In addition, existing dumpsters may be screened by an opaque vinyl screen, provided the material is deemed durable and of high quality by the city in terms of design and in accordance with current building code standards. (8) Dumpsters located within an enclosed building are exempt from this section. (Ord. No. 2002-13, § 1, 5-13-02; 2003-26, § 2, 8-11-03; Ord. No. 2003-39, § 2, 1140-03; Ord. No. 2003-40, § 2, 1-26-04) Secs. 9-282-9-295. Reserved. ARTICLE V. DESIGN STANDARDS Sec. 9-296. Typical street sections. The following drawings illustrate typical cross sections of streets constructed under the provi- sions of this chapter: Supp. No. 16 592 LAND DEVELOPMENT Secs. 9-387-9-390. Reserved. DIVISION 3. POLICE, FIRE, PUBLIC BUILDINGS AND PARKS AND RECREATION Sec. 9-391. Generally. The city commission hereby establishes police, fire, public buildings and parks and recreation impact fees under the requirements of this divi- sion. The city commission finds that the Florida Growth Management Act mandates that local government plan comprehensively for future growth and that this division is consistent with that mandate. In addition, Section 163.3202(3), Florida Statutes, encourages the use of innova- tive land development regulations which includes the adoption of "impact fees." Further, new land development activity generates public facility and service demands within the city and it is reason- able to require new development to pay a fair share of the cost of expanding new public facilities and services attributable to new development. This division is enacted pursuant to the Florida Municipal Home Rule Powers Act, Chapter 163, Florida Statutes, the City of Winter Springs Com- prehensive Plan, and other applicable law autho- rizing a municipality to set rates, fees, and charges for new development. (Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003-38, § 2, 111110-03) Sec. 9-391.1. Levy and purpose. For the purpose of helping to defray the cost of new or expanded police, fire, public building and parks and recreation facilities and equipment attributable to new construction within the city limits, impact fees are hereby levied on new construction within the city limits in accordance with the provisions of section 9-391.5, payment of fees, and other provisions of this division. This Editor's note —Ord. No. 2003-04, § 2, adopted April 28, 2003, amended former Div. 3, §§ 2-391-2-391.12, in its entirety which pertained to police public safety facilities and derived from Ord. No. 487, H 1-12, 7-9-90; Ord. No. 597, §§ 1-12 9-25-95; Ord. No. 741, §§ 1-12, 9-27-99; Ord. No. 688, §§ 1-12, 10-27-97. Cross references —Buildings and building regulations, Ch. 6; building permits, § 6-46 et seq.; planning, Ch. 15; zoning, Ch. 20. § 9-391.2 division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court. In support of, and as legal justification for, the impact fees adopted under this division, the city commission hereby adopts by reference the reports prepared by Land Design Innovations, Inc. entitled, "City of Winter Springs Impact Fee Analysis Report for Police, Fire/Rescue and Parks & Recreation," dated No- vember 2002 and "City of Winter Springs Public Buildings Impact Fee Analysis Report," dated August 2003, as amended by Impact Fee Analysis Report for Fire, Police, Public Building & Parks and Recreation August 2008, prepared by Land Design Innovations, Inc. (Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003-38, § 2, 11-10-03; Ord. No. 200942, § 2, 7-27-09) Sec. 9-391.2. Definitions. Unless otherwise specified herein, the defini- tions, classifications and uses shall be as set forth in the City of Winter Springs Land Development Code. (a) Building permit: Any building or construc- tion permit required under the Winter Springs Building Code, Chapter 6 of this Code. (b) Fire public safety facilities capital impr•ove- rnents: The land, building, facilities, vehicles and equipment necessary for the fire department of the city to provide firefighting and fire protection services and paramedic services to the citizens of Winter Springs. (c) Nonresidential: Includes all land uses not otherwise specified as residential or exempted as set forth in this division. This shall include, but is not limited to, day care facilities, residential care facilities, nursing homes, boarding houses, home occupations, educational facilities, libraries, cul- tural facilities, churches, all commercial uses, all transient lodging and entertainment facilities ex- cept those which are temporary in nature, all automotive facilities and/or structures, all miscel- laneous business uses and services and all indus- trial uses. Supp. No. 10 997 § 9-3912 WINTER SPRINGS CODI; (d) car•lzs and recreation facilities capital im- provements: The land, buildings, facilities, vehi- cles, and equipment necessary for the parks and recreation department of the city to provide parks and recreation services to the citizens of Winter Springs. (e) Police public safety facilities capital improve- ments: The land, buildings, facilities, vehicles and equipment necessary for the police department of the city to provide police protection services to the citizens of Winter Springs. (f) Public buildings capital improvements: The land, buildings, facilities, vehicles and equipment necessary for the general administrative services division of the city to provide general administra- tive services to the citizens of Winter Springs. (g) Residential: Includes single-family dwell- ings, multifamily dwelling units, and mobile homes. (Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2010-08, § 3, 10-25-10) Sec. 9-391.3. Applicability and exemptions. (a) This division shall apply to all new con- struction within the city limits except the follow- ing: (1) Expansion of a residential dwelling unit or the creation of an accessory dwelling unit on the same parcel as the primary dwelling; and (2) Remodeling or rebuilding of any struc- ture; and (3) Construction under any building permit originally issued during the year preced- ing the effective date of this division; and (4) Temporary activities and uses including, but not limited to temporary construction and temporary commercial amusements; and (5) Public service structures; and (6) Publicly owned and operated buildings or structures used for general governmental purposes (to include but not limited to sewer, stormwater, police, fire, ground transportation, solid waste, parks, recre- ation and cultural purposes); and (7) Construction associated with raising ani- mals; and (8) Construction related to agriculture. (b) In addition, nonresidential development shall be exempt from parks and recreation impact fees. (Ord. No. 2003-04, § 2, 4-28-03; Ord, No. 2010-08, § 3, 10-2540) Sec. 9-391.4. Reserved. Sec. 9-391.5. Payment of fees. (a) Time of payment. The impact fees required to be paid under this division shall be paid in conjunction with the issuance of a building per- mit, but in no case shall the building permit be issued until all outstanding impact fees are paid in full to the city. (b) Method of payment. Impact fees shall be paid in cash unless the city commission, at its sole and absolute discretion, specifically accepts an in -kind contribution of land or capital facilities for public use which is reasonably related to the purpose of the credited impact fee. Credit for any in -kind contribution shall be on a fair market value basis as of the date the city commission accepts the offer of such contribution. The fair market value of any land accepted as an in -kind contribution shall be based upon an appraisal of its highest and best use then allowed under the city's current land use and zoning designations. The appraisal shall be performed by a certified appraiser, licensed to do business in Florida, acceptable to the city. Such appraisal shall be paid for by the donor. No credit will be granted pursuant to this section unless the contribution of land or capital facilities for public use has been or will be included in the capital asset inventory of the department of the city for which the impact fee is imposed. (c) Amount of fee. The following impact fees are hereby adopted: (1) Fire: (i) Residential: Supp. No. 16 628 LAND DEVELOPMENT Impact Fee Payment Year Impact Fee Due 2003 $173928 § 9-391.5 Supp. No. 16 628.1 § 9-391.5 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 1s 628.2 Chapter 12 MOTOR VEHICLES AND TRArrIC* Article I. In General Sec. 12-1. Definitions. Sec. 12-2. Adoption of state law. Secs. 12-3-12-25. Reserved. Article II. Administration Sec. 12-26. Duties of the police department to regulate motor vehicles and traffic. Sec. 12-27. Duties and powers of chief of police relative to operation and parking of vehicles. Sec. 12-28. Powers and duties of traffic violation bureau. Sec. 12-29. Issuance of citations. Sec. 12-30. Fines for violations. Sec. 12-31. Failure to obey citation. Sec. 12-32. Alteration or destruction of citation. Sec. 12-33. Referral of parking violations to hearing officer. Secs. 12-34-12-50. Reserved. Article III. Regulations Division 1. Generally Sec. 12-51. General. Sec. 12-52. Vehicular speed limits. Sec. 12-53. Abandonment of motor vehicles prohibited. Sec. 12-54. Impoundment and redemption of illegally parked or abandoned vehicles. Secs. 12-55-12-64. Reserved, Division 2. Stopping, Standing, Parking Sec. 12-65. General prohibitions. Sec. 12-66. Cleaning, repairing vehicles on roadway. Sec. 12-67. Obedience to signs, markings. Sec. 12-68. Use of bus, taxi stands. Sec. 12-69. Loading/unloading zones. Sec. 12-70. Mobile homes to be parked in mobile home parks; exception. Division 3. Operation of Golf Carts Sec. 12-71. Definitions. Sec. 12-72. Use of If carts on designated roadways. Sec. 12-73. Restrictions. Sec. 12-74. Required equipment. co 12-75. Inspection and registration of golf carts required. '`Cross references -Procedure for disposition of abandoned property, § 2-1; arboreal standards of the City of Winter Springs, Ch. 5; limitations on obstruction of clear vision when adjacent to street, intersection, etc., � 6-191 et seq.; obstruction of fire hydrants prohibited, § 7 4; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; off-street parking and loading requirements, § 9-276 et seq.; transportation facilities impact fee, § 9-386 et seq.; comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17. State late reference -Uniform traffic control law, F.S. ch. 316. Supp. No. 16 815 WINTER SPRINGS CODE Sec, 12-76. Insurance required. Sec. 12-77. Enforcement. Secs. 12-77-12-79. Reserved, Article IV Red Light Code Enforcement Infraction Sec. 12-80. Legislative findings and intent/purpose. Sec. 12-81. Use of traffic infraction detectors. Sec. 12-82. Definitions. Sec. 12-83. Adherence to red light traffic control signals. Sec. 12-84. Violation. Sec. 12-85. Implementation of general law. Sec. 12-86. Review of recorded images. Sec. 12-87. Notice of violation. Sec. 12-88. Uniform traffic citation. Sec. 12-89. Signage. Sec. 12-90. Consistency with state law. Supp. No. 1s 816 MOTOR VEHICLES AND TRAFFIC (b) Licensed driver. Golf carts operating on designated roadways must be operated by a person who is at least sixteen (16) years of age, and who possesses a valid driver's license. Persons who possess a valid learn- er's permit may operate a golf cart on designated roadways when accompanied by a licensed driver of at least eighteen (18) years of age. (c) Maximum speed. Golf carts operating on designated roadways shall not exceed twenty (20) miles per hour. (d) Compliance with traffic laws. Golf carts shall be operated in accordance with all applicable local and state traffic regula- tions. Golf carts shall stay to the far right of any designated roadway, and shall yield the right of way to overtaking drivers. Golf carts shall not obstruct or impede normal traffic flow. (e) Occupants. The number of occupants in a golf cart operated on designated roadways shall be limited to the number of seats on the golf cart. No occupants of a golf cart shall stand at any time while the golf cart is in motion. (f) Alcohol. All state regulations governing the use and possession of alcoholic bever- ages while operating a motor vehicle shall apply to the operation of golf carts on designated roadways. (Ord. No. 2009-11, § 2, 7-27-09) Sec. 12-74. Required equipment. Jul golf carts operated on designated roadways shall maintain the following equipment in good working order: (a) Efficient brakes; (b) Reliable steering apparatus; (c) Safe tires; (d) Rearview mirrors; (e) Red reflectorized warning devices, both in the front and the rear; (f) Headlights; (g) Brake lights; (h) Horn. (Ord. No. 2009-11, § 2, 7-27-09) co 12-75. Inspection and registration of golf carts required. All golf carts operating on designated road- ways in the City of Winter Springs shall be registered and inspected as follows: (a) Golf carts shall be registered by the owner of the golf cart on a form prescribed by the police chief or the police chiefs designee. The owner shall pay an annual registra- tion fee of ten dollars ($10.00), and shall be issued a registration decal which shall be affixed to the golf cart. Decals shall be issued annually, and are valid from July 1st of each year. (b) Prior to issuance of a registration decal, golf cart owners shall be required to pro- vide proof of ownership and liability in- surance, a valid driver's license and sign an affidavit of compliance. (c) At the time of registration, the police department shall inspect the golf cart to ensure the required equipment is in- stalled and working properly. In the event the golf cart fails inspection, each addi- tional inspection shall be five dollars ($5.00). (d) Lost or stolen registration decals are the responsibility of the golf cart owner. A police report shall be filed in the event of a lost or stolen decal. The police chief or the police chiefs designee shall have the discretion to determine whether a replace- ment decal may be issued. If no existing registration information is available, the police chief may direct the golf cart owner to reapply and to repay any required fees prior to a replacement decal being issued. (Ord. No. 2009-11, § 2, 7-27-09) Sec. 1246. Insurance required. All golf cart owners are required to purchase and maintain liability insurance insuring against personal injury and property damage. Minimum required insurance shall be the same as for motor Supp. No. 19 825 WINTER SPRINGS CODE vehicles registered in the State of Florida for personal use and as designated by Florida Stat- utes. Proof of insurance must be presented at time of golf cart registration, and must be pos- sessed at all times by the golf cart operator while operating the golf cart on designated roadways. (Ord. No. 200941, § 2, 7-27-09) Sec. 12-77. Enforcement. A violation of this division shall constitute a non -criminal infraction enforceable either as a code violation to be prosecuted by the Code En- forcement Board, or shall be classified as a Class I Civil Citation Violation. Uniform Traffic Cita- tions shall only be used for violations that are also vlufauion6 of Lhe Florida lJniforIn Traffic Uontrol Law. (Ord. No. 2009-11, § 2, 7-27-09) Secs. 12-77-12-79. Reserved. ARTICLE IV. RED LIGHT CODE ENFORCEMENT INV IUVuTION'` Sec. 12-80. Legislative findings and intent/ purpose. The purpose of this article is to authorize the use of traffic infraction detectors to promote com- pliance with red light signal directives as set forth in this article, and to adopt a civil enforcement system for red light signal violations, all in accord with general law, including Chapter 2010-80, Laws of Florida (2010) (the "Mark Wandall Traffic Safety Act" or "Act"). This article will supplement law enforcement personnel in the enforcement of red light signal violations and shall not prohibit law enforcement officers from issuing a citation for a red light signal violation in accordance with nor- mal statutory traffic enforcement techniques. (Ord. No. 2010-13, § 2, 6-28-10) Editor's note —Ord. No. 2010-13, § 2, adopted June 28, 2010, amended former Art. IV, §§ 12-80-12-96 in its entirety to read as herein set out. Former Art. IV pertained to similar subject matter and derived from Ord. No. 2008-27, § 21 adopted Oct. 27, 2008. Sec. 12-81. Use of traffic infraction detec- tors. The city shall utilize traffic infraction detectors pursuant to general law as a supplemental means of monitoring compliance with the state laws related to traffic control signals, while assisting law enforcement personnel in the enforcement of such laws, which are designed to protect and improve public health, safety and welfare. This section shall not supersede, infringe, curtail or impinge upon state laws related to red light signal violations or conflict with such laws. The city may utilize traffic infraction detectors as an ancillary deterrent to traffic control and traffic signal violations and thereby reduce accidents and injuries associated with such violations. (l11'U. 1Vo. 2U1U-18, § G, 6-28-10) Sec. 12-82. Definitions. For �nurposes of this article, the folio«ping �.x�ord� and phrases shall have the following ascribed meaning: (a) Intersection means the area embraced within the prolongation or connection of the lateral curb line; or, if none, then the lateral boundary lines of the roadways of two roads which join or intersect one another at, or approximately at, right angles; or the area within which vehicles traveling upon different roads joining at any other angle may come in conflict. (b) Motor vehicle means the meaning set forth in the definition in Section 316.003 (21), Florida Statutes, or its successor provi- sion. (c) Ownermeans the person or entity identi- fied by the Florida Department of High- way Safety and Motor Vehicles, or other State vehicle registration office, as the registered owner of a vehicle. (d) Recorded images means images recorded by a traffic infraction detector which is operated in accordance with the Act. (e) Red zone infraction means a traffic of- fense whereby a traffic infraction detector indicates a violation of section 12-83. Supp. No. 10 826 MOTOR VEHICLES AND TRAFFIC (f) Traffic infraction detector. A vehicle sen- sor(s) installed to work in conjunction with a traffic control signal and a camera or cameras synchronized to automatically record two or more sequenced photo- graphic or electronic images or streaming video of only the rear of a motor vehicle at the time the vehicle fails to stop behind the stop bar or clearly marked stop line when facing a traffic control signal steady red light. (g) Traffic infraction enforcement officer. The city police department employee(s) desig- nated, pursuant to subsection 12-86(b) herein, to review recorded images and issue red zone infractions based upon those images. (Ord. No. 2010-13, § 2, 6-28-10) Sec. 12-83. Adherence to red light traffic con- trol signals. (a) Pursuant to general law, a motor vehicle facing a traffic control signal's steady red light indication shall stop before entering the cross- walk on the near side of an intersection or, if none, then before entering the intersection, and shall remain standing until a green indication is shown on the traffic control signal; provided, however, the driver of a motor vehicle which is approaching a clearly marked stop line, or if none, is approach- ing the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersection roadway before entering the intersection in obedience of a steady red traffic control signal, may make a right turn in a careful and prudent manner (unless such turn is other- wise prohibited by posted sign or other traffic control device), but shall yield right -of --way to pedestrians and other traffic proceeding as di- rected by the traffic control signal at the intersec- tion. (b) Pursuant to general law, motor vehicles facing a traffic control signal that is malfunction- ing, inoperable or is emitting a flashing red light shall stop at a clearly marked stop line, but if one, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest to the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersec- tion, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. In the event that only some of the traffic control signals within an intersection are malfunc- tioning, inoperative or emitting a flashing red light the driver of the vehicle approaching the malfunctioning, inoperative or flashing red traffic control signal shall stop in the above prescribed manner. (Ord. No. 2010-13, § 2, 6-28-10) Sec. 12-84. Violation. A violation of this article (red zone infraction) shall occur when a vehicle does not comply with the requirements of Section 12-83. Violations shall be enforced pursuant to F.S. § 316.0083. (Ord. No. 2010-13, § 2, 6-28-10) Sec. 12-85. Implementation of general law. Within the city, the city manager is authorized to implement the provisions and requirements of Chapter 2010-80, Laws of Florida (2010), as may be amended from time to time, and may take any action which is necessary for such purpose. (Ord. No. 201043, § 2, 6-28-10) Sec. 12-86. Review of recorded images. (a) The owner observed by recorded images committing a red zone infraction shall be issued a notice of infraction no later than thirty (30) days after the red zone infraction occurs. The recorded image shall be sufficient grounds to issue a notice of infraction. (b) The city shall designate one (1) or more traffic infraction enforcement officers, who shall be police officers of the city and who shall meet the qualifications set forth in Section 316.640, Florida Statutes, or any other relevant statute. The traffic infraction enforcement officer shall review recorded images prior to the issuance of a notice of infraction to ensure accuracy and the integrity of the recorded images. The traffic in- fraction enforcement officer shall also verify that the traffic infraction detector that captured the recorded images was functioning properly at the time the recorded images were captured. Once the traffic infraction enforcement officer has verified Supp. No. 16 827 WINT1�n SPRINGS UU1JE the accuracy of the recorded images and function- ality of the traffic infraction detector, he or she shall complete a review of the violation and au- thorize enforcement action, and a notice of viola- tion shall be sent to the owner at the address on record with the Florida Department of Highway Safety and Motor Vehicles or any other state's vehicle registration office. (Ord. No. 2010-13, § 2, 6-28-10) Sec. 12-87. Notice of violation. Within thirty (30) days after a violation, noti- fication must be sent to the registered owner of the motor vehicle involved in the violation speci- fying the remedies available under F.S. § 318.141 and that the violator must pay the penalty of on hundred fifty-eight dollars ($158.00) to the city or furnish an affidavit in accordance with subsection (11) of this section within thirty (30) days follow- ing the date of the notification in order to avoid court fees, costs, niid thy, issuance; of a traffic citation. The notification shall be sent by first- class mail, and shall include: (1) The name and address of the vehicle owner; (2) The license plate number and registration number of the vehicle; (3) The make, model, and year of the motor vehicle; (4) Notice that the infraction charged is pur- suant to this article; (5) The location of the intersection where the violation occurred; (6) The date and time of the red zone infrac- tion; (7) A statement that the owner has the right to review the recorded images that consti- tute a rebuttable presumption against the owner, together with a statement of the time and place or Internet location where the evidence may be examined and ob- served. (8) Images depicting the infraction, showing the license tag of the offending vehicle and the traffic control device being vio- lated; (9) Instructions on all methods of payment of the penalty; (10) Statement specifying the remedies avail- able under F.S. § 318.14; (11) A statement that the owner must pay a penalty of one hundred fifty-eight dollars ($158.00) to the city or provide an affida- vit supporting an exemption that com- plies with F.S. § 316.0083 within thirty (30) days of the date the notice is issued in order to avoid court fees, costs, and the issuance of a uniform traffic citation; (12) A signed statement by the traffic infrac- tion enforcement officer that, based on inspection of recorded images, the vehicle waswcqs invnl�ied in red gene xnf'uct1 :r (Ord. No. 2010-13, § 23 6-28-10) Sec. 12-88. Uniform traffic citation. If o«tiicr xecc;ives a notice and fails to pay the penalty imposed by F.S. § 316.0083 or to provide an affidavit supporting an exemption that com- plies with the provisions of F.S. § 316.0083 within thirty (30) days of the date the notice is issued, then a uniform traffic citation shall be issued to the vehicle owner as provided by general law. The uniform traffic citation shall be issued no later than sixty (60) days after the date that the red zone infraction occurs. The owner shall be respon- sible and liable for paying the uniform traffic citation unless the owner furnishes, within thirty (30) days after the date of issuance of the uniform traffic citation, an affidavit supporting an exemp- tion that complies with F.S. § 316.0083. Upon receipt of an affidavit, the person designated as having care, custody, and control of the motor vehicle at the time of the violation may be issued a uniform traffic citation under this article, and shall be responsible and liable for paying the citation. The submission of a false affidavit is a misdemeanor of the second degree, punishable as provided in § 775.082 or §. 775.083, Florida Stat- utes. (Ord. No. 2010-13, § 2, 6-28-10) Sec. 12-89. Signage. When the city installs a traffic infraction de- tector at an intersection, it shall erect signage at Supp. No. 19 828 MOTOR VEHICLES AND TRAFFIC the intersection sufficient to notify the public that a traffic infraction detector may be in use at the intersection and shall include specific notification of intersection safety camera enforcement of vio- lations concerning right turns. Such signage shall meet the specifications for uniform signals and devices adopted by the Department of Transpor- tation pursuant to F.S. § 316.0745, (Ord. No. 2010-13, § 2, 6-28-10) Sec. 12-90. Consistency with state law. (a) This article shall be interpreted and ap- plied so that it is consistent with state law, specifically, Ch. 2010-80, Laws of Florida (2010), the Mark Wandall Traffic Safety Act. (b) Any amendment to an applicable state law shall automatically apply to the enforcement and application of this article, whether or not this article or any provision hereof has been amended to specifically address such amendment to state law. Without limitation, any future amendment regarding the amount of the civil penalty or the apportionment of the proceeds thereof shall be deemed applied in the enforcement of this article, even prior to a specific amendment to this article to make the Article expressly consistent with such change in state law with respect to the amount of the penalty or the apportionment of proceeds thereof. (Ord. No. 201043, § 2, 6-28-10) (The next page is 873) Supp. No. 16 829 WINTER SPRINGS CODI [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 830 PERSONNEL ARTICLE I. IN GENERAL Sec. 14-1. Policy, rules and regulations. The personnel policy of the city shall be ap- proved and ratified by resolution of the city com- mission which shall include a system for the recruiting, selecting, developing and maintaining an effective and responsive workforce, and shall include policies and procedures for employee hir- ing and advancement, training and career devel- opment, job classification, salary administration, retirement, fringe benefits, discipline, discharge and other related activities which is on file in the city clerk's office. The city manager shall from time to time amend and update the personnel policy. (Code 1974, § 17-1) Secs. 14-2-14-25. Reserved. ARTICLE II. OLD AGE AND SURVIVORS INSURANCE* Sec. 14-26. Extension of benefits. (a) Intent. It is hereby declared to be the policy and purpose of the city to extend effective as of January 11, 1975, to the employees and officials thereof, not excluded by law, nor excepted herein, the benefits of the system of old age and survivors insurance as authorized by the federal social security act and amendments thereto, and by F.S. ch. 650 and to cover by such plan all services which constitute employment as defined in F.S. § 650.02, employed in the employ of the city by employees and officials thereof, except for ser- vices rendered by elected officials, or services rendered by part-time employees, and for services rendered for which the compensation is on a fee basis. (b) Exceptions. There is hereby excluded from this section any authority to include in any agree- ment entered into under section 14-27, any ser- vice, position, employee or official now covered by or eligible to be covered by an existing retirement system. (Code 1974, § 2-4(a), (b)) `State law reference —Social Security, F.S. ch. 650. Sec. 14-2'I. Execution of agreements. The mayor is hereby authorized and directed to execute all necessary agreements and amend- ments thereto with the state agency for the pur- pose of extending the benefits provided by the system of old age and survivors insurance to the employees and officials of this city as provided in this article, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary and proper, and shall be effective with respect to services in employment covered by such agreement performed on and after the eleventh day of January, A.D., 1975. (Code 1974, § 2-4(c)) Sec. 14-28. Contributions. (a) Witlzholdirags. Withholdings from salaries, wages or other compensation of employees and officials for the purpose provided in section 14- 26(a) are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency designated by such laws or regula- tions to receive such amounts. (b) City contributions. There shall be appropri- ated from available funds, derived from the gen- eral fund of the city such amounts, at such times, as may be required to pay promptly the contribu- tions and assessments required of the city as employer by applicable state or federal laws or regulations, which shall be paid over to the law- fully designated state agency at the times and in the manner provided by law and regulation. (Code 1974, § 2-4(d), (e)) Sec. 14-29. Records. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations governing the provi- sions of this article, and shall adhere to the regulations of the state agency. (Code 1974, § 2-4(f)) Sec. 14-30. Adoption of Title II, Social Secu- rity Act. The city does hereby adopt the terms, condi- tions, requirements, reservations, benefits, privi- Supp. No. 16 933 § 14-OU WINTER SPRINGS CODE leges and other conditions thereunto appertain- ing, of Title II of the Social Security Act as amended, for and on behalf of all officers and employees of its departments and agencies to be covered under the agreement. (Code 1974, § 24(g)) Sec. 14-31. Custody of funds. The city clerk is hereby designated the custo- dian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the city, and the city clerk is hereby made the withholding and report- ing agent and charged with the duty of maintain- ing personnel records for the purposes of this atLicle. (Code 1974, § 2-4(h)) ARTICLE III. PENSION PLAN Sec. 14-51. Adopted. (a) The city does hereby elect to provide for its employees a pension plan and trust, such plan and trust to be known as the "Pension Plan for the Employees of the City of Winter Springs, Florida" (hereafter referred to as "the plan"). The plan shall be administered by a board of trustees as appointed in section 14-52. (b) The city does hereby approve and adopt the plan, a copy of which is on file in the city clerk's office and authorizes the mayor and city manager to execute the plan on behalf of the city. The plan may be amended from time to time by resolution of the city commission. (c) The cost of the plan shall be paid entirely by the city from the pension fund. (d) The city shall be bound by the terms and conditions of the plan. (Code 1974, § 2-6(a)—(c), (e); Ord. No. 2009-01, § 2, 2-23-09) Sec. 14-52. Board of trustees. (a) There is hereby created and established a board of trustees consisting of five (5) members who shall be appointed and removed as set forth in section 2-42. (b) The board of trustees shall meet no less than quarterly to review the performance of the pension plan and conduct such other business as the board deems appropriate and necessary. (c) The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commis- sion. (d) Staggering of terms. Beginning in January, 2012, seats two (2) and four (4) shall be appointed to four (4) year terms expiring in January 2016, and seats one (1), three (3) and five (5) shall be appointed to two (2) year terms expiring in Jan- uary, 2014. Thereafter all appointments shall nain staggered and shall be made for a term of four years. (Code 1974, § 2-6(d); Ord. No. 411, § 1, 3-14-88; Ord. No. 554, § 1, 1-24-94; Ord. No. 2002-28, § 31 9-23-02; Ord. No. 2010-14, § 2, 5-24-10) Supp. No. 16 [The next page is 985] 934 UTILITIES C. 19-173. Inspection, monitoring for compliance and operational mainte nance requirements. Sec. 19-174. High risk screening. Sec. 19-175. Enforcement, penalties and legal proceedings. Secs. 19-176-19-199. Reserved. Article VI. Water Shortage Conditions and Shortages Sec. 19-200. Intent and purpose. Sec. 19-201. Definitions. Sec. 19-202. Application of this article. Sec. 19-203. Implementation. Sec. 19-204. Water uses, surcharges and factors considered. Sec. 19-205. Enforcement. Sec. 19-206. Exceptions. Sec. 19-207. Penalties. Sec. 19-208. Water use constitutes acceptance of provisions of article. Secs. 19-209-19-250. Reserved. Article VII. Water Conservation and Landscape Irrigation Sec. 19-251. Purpose; applicability. Sec. 19-252. Definitions. Sec. 19-253. Landscape irrigation schedules, variances, and restrictions. Sec. 19-254. Exceptions. Sec, 19-255, Enforcement. Secs. 19-256-19-299. Reserved, Article VIII. Utility Protection and Enforcement Sec. 19-300. Utility meters to be furnished by and remain property of city; all water must pass through meter. Sec. 19-301. Right of entry of authorized agents or employees. Sec. 19-302. Tampering with city utility system. Sec. 19-303. Trespass. Sec. 19-304. Enforcement, Supp. No. 16 1229 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 1230 UTILITIES (3) Prior -year surpluses from the revenue fund. If the above sources of revenues are collectively insufficient to make the annual deposit, then the wastewater user charges shall be increased to provide the remaining source of funds necessary for such annual deposits above those required by the city's revenue rate covenant to cover any bonded indebtedness deficiencies in debt service. (d) Deposits into the sewerage system capital improvement accounts shall be invested in accon dance with the city's normal practice for invest- ment of funds, but shall be accounted for sepa- rately. (Code 1974, § 16-62) Sec. 19-128. Expenditures. Accrued moneys in the sewerage system capi- tal improvement accounts shall be expended for any permissible purpose including, but not lim- ited to, the following: (1) Capacity expansion of any wastewater system facility. (2) Replacement of any wastewater system component which has reached the end of its design life. (3) Repair and/or replacement of treatment plant, pumping station or major transmis- sion facilities in the event that these items are undertaken as part of capacity expan- sion or upgrade necessary to meet more stringent effluent limitations required by a regulatory agency or are necessitated as the result of manmade or natural disas- ter. (Code 1974, § 16-63) Sec. 19429. Accountant certification of ad- equate maintenance. The city shall engage a certified public account- ing firm to prepare and submit annually to the state department of environmental regulation a certification that the revenue generation system has been maintained in accordance with chapter 17-50, Florida Administrative Code. (Code 1974, § 16-64) Secs. 19430-19435. Reserved. ARTICLE III. RECLAIMED WATER SYSTEM* Sec. 19-136. Definitions. [As used in this article, the following words and terms shall have the meaning ascribed thereto:] Customer: Any person receiving service or mak- ing application for service. Developer: Any person, firm, association, syn- dicate, partnership or corporation, or any combi- nation thereof, who are actually involved in de- velopment. Development: An approved plan utilizing a tract of land appropriately zoned being developed in accordance with the purposes, intent and provi- sions of Chapter 9 and Chapter 20 of the City of Winter Springs Code of Ordinances. Irrigation system: From the point of connection to the city's service line valve and extending through the use of inground sprinkler system(s) to be operated and maintained by the customer. Potable water: Water that has been treated for human consumption and is distributed to the public by water distribution mains. Reclaimed water: Highly treated effluent from the wastewater treatment plant which meets or exceeds requirements for public access as set forth by the Florida Department of Environmen- tal Regulation; not for human consumption. Reclaimed water system: That portion of the system pertaining to storage, pumps, chlorina- tion, distribution mains, service lines and valves used to distribute reclaimed water. 73,act: All lots or portions thereof served by the particular connection regardless of what portion of the lot or lots are actually being irrigated. (Ord. No. 443, § 1(1), 1-9-89) *Editor's note —Ord. No. 443, § 1(1)—(5), adopted Jan. 9, 1989, enacted provisions pertaining to the reclaimed water system. Such provisions have been included herein as Art. III, §§ 19-136-19-140, by the editor. Cross reference —Wastewater, § 19-26 et seq. Supp. No. 16 1252.1 WINTI R SPRINGS CODE Sec. 19-137. Routing and construction. (a) The city will establish a route and install a reclaimed water system based on the most cost effective method utilizing facilities in existence at the present time. The expansion of which will be based on an as -needed basis, cost factors, and on the number of applications received from resi- dents wishing to connect to the reclaimed water system. (b) Developers of properties which contain or abut such routes shall install reclaimed water systems in an appropriate easement to be dedi- cated to the city upon completion. All reclaimed water systems shall be designed by a Florida registered engineer and in accordance with the regulations of the city and the State of Florida Department of Environmental Regulation. (c) The city will operate and maintain the reclaimed water system only. A developer shall design and install irrigation systems to maintain common areas, model homes or lots. All such irrigation systems shall be operated and main- tained by the developer, property owners or home- owners association. No potable water irrigation meters will be installed within an area serviced by a reclaimed water system. (d) Landscape irrigation system requirements. All gation systems that are connected to the reclaimed water lines shall be inground without over spray to adjacent properties, sidewalks, and streets. Hose bib connections to the reclaimed water system will be allowed. It is unlawful to make connections from the reclaimed water sys- tem to any building or other source of water supply. Inspections of all irrigation systems in- stalled will be made by utility personnel prior to connection to the reclaimed water system. (Ord. No. 443, § 1(2), 1-9-89; Ord. No. 2010-11, § 4, 4-26-10) Sec. 19438. Rates and charges. (a) A rate shall be charged to the customers on the reclaimed water system in accordance with the following schedule: (1) For nonmetered service for tracts of one- half (1/2) acre size or smaller, the monthly charge shall be eight dollars and fifty-five cents ($8.55). (2) For nonmetered service for tracts greater than one-half (r/z) area, an additional monthly fee of eight dollars and fifty-five cents ($8.55) for each additional irrigated one-half (r/z) acre shall be added to the base charge of eight dollars and fifty-five cents ($8.55). (3) For customers receiving metered service, the monthly charge shall be the sum of the base charge plus a consumptive charge as follows: Bills rendered on or after October• 1, 2009 Reclaimed irrigation base fa- ty charge, per ERC...... $4.10 Commodity Charge (per 1,000 galIons): 0-5,000 gallons ...... 0.75 5,001-10,000 gallons . 0.94 10,001-15,000 gallons 1.30 15,001-20,000 gallons 1.45 Above 20,000 gallons .. 2013 (4) As nonmetered customers of the reclaimed water system become metered, the newly metered customer shall be subject to the monthly rates and charges as identified in section 19-138(a)(3). Customer shall be subject to charges for metered service effective the next available billing period subsequent to installation of the reclaimed water meter. (5) For wholesale reclaimed water service, the monthly charge shall befifty-two cents ($0.52) per thousand gallons. (b) The customer shall not be required to pay all costs associated with the purchase and instal- lation of the meter. The public works/utility direc- tor or their designee may waive the requirement for a meter where a suitable alternative method exists for the calculation of the water usage and where the customer agrees to pay the metered rate for the calculated amount of water usage. (c) Connection to the reclaimed aoater system; connection charges. All connections to the re- claimed water system shall be approved by the Supp. No. 16 1252.2 UTILITIES public works/utility director or their designee. The total connection charge will consist of tapping fee for the reclaimed water service and the fee for installing a backflow prevention device on each potable water line servicing the same tract. Tapping Fee/Plus Nownetered Service Size (in inches) Material Backflow prevention fee Actual cost 3'4 to V/2 $230,00 2 to 8 Actual cost As an incentive to customers within an area of planned reuse expansion, and to allow the city to make as many taps as possible during construc- tion, all taps for three -quarter -inch or one -inch service will be made without charge to those customers applying for service prior to the begin- ning of construction. (d) A customer whose service has been discon- tinued may resume reclaimed water service after paying any past due amounts and a reconnection be. The reconnection fee shall be equal to the actual cost of reconnection but in no case shall be less than forty dollars ($40.00). (e) Where service has been disconnected for a violation of an ordinance or regulation regarding reclaimed water, such service shall not be recon- nected until the city manager receives adequate assurance and guarantees that such a violation will not recur. (Ord. No. 443, § 1(3), 1-9-89; Ord. No. 609, § I, 1-8-96; Ord. No. 2002-20, § 5, 6-24-02; Ord. No. 2009-13, § 2, 9-28-09) Cross reference —Wastewater user charge schedule, § 19- 102. Sec. 19-139. Promulgation and enforcement of service procedures and reg- ulations. (a) The city manager shall have the power to promulgate procedures and and regulations with respect to the following matters which procedures and regulations shall become effective upon reso- lution approving same being adopted by city com- mission: (1) Application procedures and requirements; (2) Installation requirements including spec- ifications of acceptable materials, devices and regulations to help prevent backflow or cross -connection with other systems; (3) Procedures for the orderly expansion of the reclaimed water system; (4) Procedures for enforcement of the ordi- nances and regulations pertaining to re- claimed water including procedures for inspection of the customers system; and (5) Procedures and regulations for the effi- cient operation of the reclaimed water system. (b) Notwithstanding the foregoing, the city man- ager may, when necessary for the efficient opera- tion of the reclaimed water system or for the health or safety of the general public or the customer, establish regulations regarding the fol- lowing matters which regulations shall be effec- tive at the time and regarding: (1) The time(s) of day or night during which the reclaimed water may be used by cus- tomers; and (2) The maximum rate of use of the reclaimed water. (c) No persons shall construct, operate, main- tain or allow to remain present on property owned or controlled by him, any device or system which is connected to the city's reclaimed water system and which is not in compliance with all provisions of this Code related to reclaimed water and with all procedures and regulations pursuant to this section. The person who owns or controls the property upon which such a noncomplying device or system is found shall be liable to the city for the amount by which the costs associated with the securing and/or the noncomplying device or sys- tem exceeds the cost of a normal discontinuance of service. These excess costs shall constitute a lien against the property upon which the noncom- plying device or system is located. (d) Any customer whose reclaimed water sys- tem is in violation of a city ordinance, regulation, or procedure shall be subject to immediate discon- tinuance of reclaimed water service. Such discon- Supp. No. 16 1953 WINTER SPRINGS CODE tinuance of service shall not relieve any person of liability for civil actions or for criminal or munic- ipal ordinance violation prosecution. (e) No person, unless expressly authorized by the city manager or his designee, shall tamper with, work on, or in any way alter or damage any city reclaimed water facility. Tampering or work shall include, but is not limited to opening or closing of valves, or causing of any water to flow from the system. The offending person shall be liable for the cost of all charges attributable to the correction of such tampering, including legal ex- penses, but payment of or correction of such damage shall not relieve the offending person from civil or criminal penalties the city or court of law may impose for a violation of city ordinance. (f) Fees for reclaimed water service shall be applied to the customer's monthly water bill. Payment shall be made in accordance with sec - ton 19-97 of the Code of Ordinances of the City of Winter Springs. (g) No person shall allow any reclaimed water to be consumed by any human being or animal. Additionally, no person shall use reclaimed water for any purpose which would knowingly endanger the health of any person, animal or plant. (Ord. No. 443, § 1(4), 1-9-89) Sec. 19-140. Inspection. (a) To ensure that the provisions of this article and regulations and procedures are being ob- served, the city reserves the right and privilege of inspecting, removing and/or securing any or all devices installed by the customer which connect to or control the reclaimed water system. (1) Inspection without cause to believe that an ordinance or regulation is being lated shall be at reasonable times and shall not exceed a reasonable frequency. (2) Inspections where there is reasonable cause to believe that an ordinance or regulation is being violated shall be at such times and shall occur with such frequency as is necessary to establish that an ordinance or regulation is or is not being violated. (b) Each customer of reclaimed water shall, by application, give prior written consent to entry upon his premises, and thereby waives any other written notice for such inspection. Failure of the city to obtain such a written waiver shall not affect the right of the city to proceed pursuant to subsection (a) of this section. (c) Refusing to permit an authorized city agent or employee to enter onto the premises for the purpose of inspecting the customer's reclaimed water system pursuant to this section shall con- stitute a violation of this section and shall be grounds for immediate discontinuance of the re- claimed water service by the city to the subject premises. (Ord. No. 443, § 1(5), 1-9-89) Secs. 19-141-19-145. Reserved. ARTICLE IV. POTABLE WATER SUPPLY DIVISION 1. GENERALLY Secs. 19-146-19-149. Reserved. DIVISION 2. CROSS -CONNECTION CONTROL, BACKFLOW PREVENTION Sec. 19-150. Intent. The enactment of this division is necessary in accordance with Section 17-555.360(1), (2), and (3), Florida Administrative Code which provides in part "Community Water Systems" shall estab- lish a routine cross -connection control program for the purpose of detecting and preventing cross - connections that create or have the potential to create an imminent and substantial danger to public health. Such program shall be developed using accepted practices of the American Water Works Association guidelines as set forth in the A.WWA. manuals M14, "Backflow Prevention "Editor's note —Ord. No. 493, § 1, adopted July 23, 1990, enacted provisions designated Div. 1, §§ 19-150-19-156. Such provisions have been redesignated as Div. 2 fm• purposes of classification. However, § 19-150, intent, was omitted from codification. State law reference —Requirement to enact cross -connec- tion control program, Fl. Adm. Code, § 17-555.360(1)—(3). Supp. No. 16 1254 UTILITIES and Cross -Connection Control," and "Cross -Con- nections and Backflow Prevention," 2nd Edition. Upon detection of a prohibited cross -connection both community and noncommunity water sys- tems shall either eliminate the cross -connection by installation of an appropriate backflow preven- tion device acceptable to the department, or dis- continue service until the contaminant source is eliminated. (Ord. No. 493, § 1, 7-23-90) Sec. 19-151. Manual of cross -connection con- trol adopted by reference; com- pliance required. The city hereby adopts by reference the City of Winter Springs "Manual of Cross -Connection Con- trol." Compliance with the manual is hereby re- quired. (Ord. No. 493, § 1, 7-23-90) Editor's note —The manual adopted by reference in § 19- 151 is not set out at length herein, but is on file and available for inspection in the offices of the city utility director and the city clerk. Sec. 19-152. Changes to manual. The city commission may by resolution, period- ically revise the Winter Springs Manual of Cross - Connection Control as may be deemed necessary for the public health, safety and welfare of the users of the city water system or for protection of the utility system, and to effect cost effective implementation of the provisions of the manual. (Ord. No. 493, § 1, 7-23-90) Sec. 19-153. Administration. The city's utility director or his designee shall cause inspections to be made of all properties within the city served by a potable water supply where cross -connection with the potable water supply is deemed possible. The frequency of in- spections and reinspections based on potential health hazards involved shall be as established by the backflow prevention and cross -connection con- trol manual, and in no case shall be less than once a year. Fees and charges shall be as set forth in the city's cross -connection control manual. (Ord. No. 493, § 1, 7-23-90) Sec. 19454. Inspection and testing, right of access. Duly authorized employees of the city shall be permitted reasonable access to any building, struc- ture, or property served by a connection to public potable water supply within the city, for the purpose of inspecting the piping system or sys- tems. The refusal of such access when requested may result in the discontinuance of service. (Ord. No. 493, § 1, 7-23-90) Sec. 19-155. Installation, testing and main- tenance of backflow prevention devices. Public potable water system customers shall bear all expenses of installing, testing and main- taining the backflow prevention device. Installa- tion, testing, maintenance, and repair of backflow prevention devices shall be performed by certified personnel approved by the city's utility depart- ment. Copies of all testing, maintenance, and repair records shall be sent to the city's utility department immediately after work is performed. A record of all backflow prevention device instal- lations, testings and repairs within the city shall be kept on file and up to date by the city's utility department. (Ord. No. 493, § 1, 7-23-90) Sec. 19456. Cross -connection violations and penalties. Any person or customer found guilty of violat- ing any [provision] of this division or any written order of the city or pursuance thereof, shall be guilty of a misdemeanor punishable by either a fine of not more than five hundred dollars ($500.00) or not more than ninety (90) days' jail sentence, or both for each and every day that such violation continues. (Ord. No. 493, § 1, 7-23-90) Secs. 19-157-19460. Reserved. ARTICLE V. STORMWATER MANAGEMENT UTILITY Sec. 19-161. Title. This Article V shall be known and may be cited as the "Stormwater Management Utility" article Supp. No. 16 1955 WINTER SPRINGS CODI and the provisions hereof shall pertain to all lands within the City of Winter Springs except as is otherwise herein provided. (Ord. No. 521, § 1, 7-27-92) Sec. 19-161.5. Purpose and intent. It is the purpose and intent of this article to establish stormwater management as a city util- ity and to establish a program of user charges and fees for stormwater management services, which charges and fees are to be levied against all developed property within the city to accomplish the purposes of such utility. (Ord. No. 2004-01, § 2, 1-26-04) Sec. 19-162. Definitions. For the purpose of this article, the following definitions shall apply; words used in the singular shall include the plural, and the plural, the sin- gular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use. Best management practices (BMP's) shall mean schedules of activities, prohibitions of practices, maintenance procedures, treatment methods and other management practices to prevent or reduce pollutants from entering the MS4 or being dis- charged from the MS4. City shall mean the City of Winter Springs. Clean Water Act or CWA shall mean Public Law (PL) 92-500, as amended PL95-217, PL95-576, PL6-483, PL97-117 and 33 U.S.C. 1251 et seq., as amended by the Water Quality Act of 1987, PL100-4. Construction activities shall mean the altera- tion of land during construction and includes such activities as clearing, grading, and excavation. Developed property shall mean any parcel which contains impervious area. Director shall mean the Director of Public Works of the City of Winter Springs, or the director's designee. Discharge shall mean the release of liquid, solid or gaseous material and includes, but is not limited to, a release, spilling, leaking, seeping, pouring, emitting, emptying and/or dumping of any substance of material. Dwelling unit shall mean any single residen- tial space identified for habitation by persons and including permanent provisions for living, sleep- ing, eating, cooking and sanitation or as classified by the city building code, including, but not lim- ited to: residential rooms or combination of rooms designed to be occupied on a permanent or long- term basis not otherwise defined as a hotel or motel; apartment units; condominium units; multi- family units and prepared mobile home spaces. M»lti-unit ti•n�ir]nntial �trLlCtl'.Te� Or COn.pI.,.`.CN shall be deemed to consist of multiple dwelling units, regardless of whether or not such are served by a single water or sewer connection. Boarding houses and rooming houses as else- where defined in this Code shall constitute one (1) equivalent single-family residential unit. Equivalent residential unit (ERU) shall mean the statistical average impervious area of residen- tial developed property per principal dwelling unit within the city. The numerical value of one (1) ERU shall be an impervious area that shall be adopted by the city commission in the rate reso- lution. Illicit connection shall mean source discharges to the city's MS4 or to waters of the United States, which are not composed entirely of stormwater and are not authorized by a permit. Illicit discharge shall mean discharge to the city's MS4 or to waters of the United States which is not composed entirely of stormwater, unless exempted pursuant to this article, or the dis- charge to the city's MS4 or to waters of the United States which is not in compliance with federal, state or local permits. Impervious area shall mean land surfaces, nat- ural or man -affected, which do not, or only mally, allow the penetration and/or infiltration of water including, but not limited to roofed and paved areas, areas covered by roofs, roof exten- Supp. No. 19 1256 UTILITIES sions, slabs, patios, porches, driveway, sidewalks, parking areas, athletic courts/areas and road- ways. Industrial activities shall mean activities at facilities identified by the United States Environ- mental Protection Agency as requiring an NPDES stormwater permit in accordance with Title 40 Code of the Federal Regulations, Part 122.26 and any amendment thereto. Municipal Separate Storm Sewer• System or MS4 shall mean a conveyance, storage area or system of conveyances and storage areas (includ- ing, but not limited to, roads with drainage sys- tems, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains, treatment ponds and other structural BMP's) owned or operated by a local government that discharges to waters of the United States or to other MS4's that is de- signed solely for collecting, treating or conveying stormwater and that is not part of publicly owned treatment works (POTW). Nonresidential property shall mean developed property that is classified by the property ap- praiser as land use types 10 through 99 under the Florida Department of Revenue Land Use Codes, as may be amended from time to time, and shall be deemed to include, but not be limited to, dormitories, hospitals, nursing homes, sanitari- ums, recreational vehicle spaces, hotels and mo- tels. Any property that contains both residential and nonresidential facilities shall be treated as the type property that will result in the larger number of equivalent residential units (ERU's). Nuisance species shall mean species of flora or fauna whose noxious characteristics or presence in sufficient number, biomass, or a real extent may reasonable be expected to prevent, or unrea- sonably interfere with, a designated use of those waters. Person shall mean any individual, partnership, firm, organization, corporation, association or other legal entity, whether singular or plural, as the context may require. Point source shall mean any discernible and confined conveyance including, but not limited to, any pipe, ditch, channel, conduit, well, container, rolling stocks, concentrated animal feeding oper- ation, vessel or other floating craft from which pollutants are discharged. This term does not include return flows from irrigated agriculture. Pollution shall mean the presence in the out- door atmosphere or surface waters of any sub- stances, contaminants, noise, or man-made or man -induced alteration of the chemical, physical, biological or radiological integrity of air or water in quantities or levels which are or may be poten- tially harmful or injurious to human health or welfare, animal or plant life, or property, includ- ing outdoor recreation. Pollutants shall include, but not limited to, dredged spoil, solid waste, incinerator residue, filter backwash, sewage, gar- bage, sewage sludge, munitions, chemical wastes, biological materials, wrecked or damaged equip- ment, rock, sand and industrial, municipal and agriculture waste discharged into the MS4. Reclaimed water shall mean water that has received at least advanced secondary treatment anI basic disinfection and is reused after flowing out of a wastewater treatment facility. Residential property shall mean any developed property which has the majority use as a resi- dence and is so classified by the Seminole County property appraiser. Reuse shall mean the deliberate application of reclaimed water, in compliance with Florida De- partment of Environmental Protection and/or St. Johns River Water Management District rules, for a beneficial purpose. Runoff shall mean the surface flow of water which results from, and occurs following, a rain- fall event. Significant construction activities shall mean construction activities which result in the distur- bance of five (5) acres or more of total land area. Significant re-developnzerzt shall mean the al- teration of an existing development which results in the increase in the discharge of a stormwater facility beyond its previously designed and con- structed capacity, or increased pollution or changed points of discharge, except emergency repairs. Spill shall mean illicit discharge. Supp. No. 16 1257 WINTER SPRINGS CODE Stor mwater shall mean surface runoff and the discharge of runoff water resulting from rainfall. Stor rnwater management system means the system by which the city manages and controls stormwater within the city. The system includes management services such as designing, permit- ting, planning and reviewing stormwater related infrastructure; and the operation, maintenance, repair and replacement and improvement of said infrastructure consistent with the capital improve- ments and stormwater management elements of the city's comprehensive plan. Stornzzvater management zdility fee means a non ad valorem assessment benefiting developed property p" ice. Waters of the United States shall mean surface and ground waters as defined by Title 40 Code of the, Tnd.^;r^1 I gelation , fart 122.2 and any amendments thereto. (Ord. No. 521, § 2, 7-27-92; Ord. No. 2010-08, § 4, 10-25-10) Sec. 19-163. stormwater management util- ity fee created. (a) A stormwater management utility fee (the "fee"), is hereby created and imposed on all devel- oped property within the city for services and facilities provided by the stormwater manage- ment system. The developed property owner is responsible for payment of the fee. For the pur- poses of imposing the fee, all developed property within the city shall be classified either as: (1) Residential developed property; or (2) Nonresidential developed property. (b) The city manager or his designee shall obtain a list each year from the Seminole County property appraiser of property within the city and shall assign each parcel a classification of residen- tial developed property or nonresidential devel- oped property. (Ord. No. 721, § 31 7-27-92) Sec. 19464. Schedule of rates. (a) The stormwater management utility fee shall be adopted from time to time by ordinance of the City Commission (the "rate ordinance"), and shall be calculated for each developed property as follows: (1) The fee for residential developed property is the rate for one (1) ERU multiplied by the number of dwelling units existing on the property. Accessory dwelling units that are separately metered for utilities shall be considered an additional dwelling unit for purposes of calculating and billing the fee to the accessory dwelling unit. That is, Fee = ERU x number of Dwelling Units. (2) Tllc f c for ror.� csiu�..,,ia: Nr�Ner y i5 she rate for one (1) ERU multiplied by the numerical factor. The numerical factor is obtained by dividing the total impervious area in square feet of the nonresidential property by the square footage for one (1) ERU as set forth in the rate resolution. The resulting calculation is, Fee = ERU rate x (parcel impervious area expressed in square feet/the square footage for one (1) ERU). (b) The minimum fee for developed property, whether residential or nonresidential, is equal to the rate for one (1) ERU, subject to reduction as set forth in subparagraph (c) below. (c) Facility credit. (1) In order to encourage the improvement of the quality of stormwater runoff, a reduc- tion in the stormwater management util- ity fee is authorized for those developed properties which have a stormwater man- agement facility designed and constructed for the purpose of stormwater pollution reduction. (2) A reduction in the fee is allowed for a particular developed property only if the stormwater runoff from the property is treated by a stormwater management fa- cility that has been designed, constructed and is maintained properly for the pur- pose of stormwater pollution reduction. If it is determined by the director that the S11pp. No. 19 1258 UTILITIES stormwater management facility has not been, or is not currently being, properly maintained as designed, the director may disallow the on -site stormwater quality management facility credit. (3) For applicable properties as determined by the director, the fee shall be reduced by twenty-five (25) percent. The reduced fee will, therefore, be calculated as the fee pursuant to the rate resolution multiplied by the factor of 0.75 (fee x 0.75). (d) Undeveloped property. There shall be no stormwater management utility fee charged to undeveloped property that has not been altered from its natural state by dredging, filling, re- moval of trees and vegetation or other activities which have disturbed or altered the topography or soils on the property. (Ord. No. 521, § 4, 7-27-92; Ord. No. 2002-20, § 6, 6-24-02; Ord. No. 2004-01, § 2, 1-26-04; Ord. No. 2010-08, § 4, 10-25-10) Sec. 19-165. Billing, payment, penalties and enforcement. (a) Statements for the stormwater manage- ment utility fee shall be rendered monthly in accordance with a monthly billing cycle adminis- tered by the city for all properties subject to the fee. Only developed property shall be subject to the fee. (b) The stormwater management utility fee is for services furnished to the developed property and the fee therefore must be paid by the property owner. If the property is tenant -occupied, the property owner may request that the city bill the tenant for such fee. Such instructions shall be in writing. If the property is tenant -occupied and the tenant is to be billed for such fee, any delinquent fee shall be charged against any utility deposit then held by the city. If the tenant fails to pay the fee, the property owner shall remain liable for the fee. (c) Any fee remaining unpaid on a developed property for ninety (90) days shall constitute a lien in favor of the city against said property, and the city attorney is authorized and directed to record a lien for such unpaid fee in the public records of Seminole County, Florida. Such lien Supp. No. 16 1259 § 19-165 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 1260 UTILITIES serve and protect property for aesthetic values of the community or for planned activities and sport- ing events. (1) In making this determination, the city manager or designee thereof shall con- sider the following: a. Severity of drought; b. Anticipated length of drought; c. Availability of potable water; d. Length of proposed exemption; and e. Magnitude of proposed exemption (i.e. quantity of water) (2) In granting an exemption pursuant to this section, the city manager or designee thereof may prescribe appropriate con& tions and safeguards in conformity with this article. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-207. Penalties. Any person violating any provision of this article which shall be implemented by adoption of a resolution shall, upon conviction, be punished as follows, and shall also be responsible for reim- bursing the city reasonable attorneys' fees and costs incurred in correcting the violation. A sepa- rate offense shall be deemed committed for each day during which a violation, disobedience, omis- sion, neglect or refusal shall continue: (1) 1st violation: Warning. (2) 2nd violation: $50.00 fine. (3) 3rd violation $150.00 fine (4) Subsequent viola- Fine not to exceed tions: $500.00 and/or im- prisonment in the county jail not to exceed 50 days. Violators may only receive one (1) written warn- ing. The city, in addition to the civil and criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this article. If a person chooses to contest the citation and is unsuccessful in such contest, the person shall reimburse the city for its attorneys' fees and costs incurred in prosecuting the violator before any court of competent juris- diction. A separate offense shall be deemed com- mitted for each day during which a violation, disobedience, omission, neglect or refusal shall continue. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-208. Water use constitutes accep- tance of provisions of article. The acceptance of water service from the city and withdrawal from any water resource servic- ing property located within the city shall be in itself the acceptance of the provisions hereof. A. No. 2001-11, § 1, 3-26-01) Secs. 19-209-19-250. Reserved. ARTICLE VII. WATER CONSERVATION AND LANDSCAPE IRRIGATION Sec. 19-251. Purpose; applicability. The purpose of this article is to implement procedures that promote water conservation through more efficient landscape irrigation, as well as to establish a regulatory framework to ensure that water and landscape irrigation con- servation will be conducted in a consistent man - throughout the City of Winter Springs. This ordinance applies to landscape irrigation, regard- less of whether the water comes from ground or surface water, from a private well or pump, from a private or public utility, or from the city's reclaimed water system. The provisions of this article shall apply to each person located within the City of Winter Springs. (Ord. No. 2010-11, § 2, 4-26-10) Sec. 19-252. Definitions. The following definitions shall apply within this article: Address. The house number of a physical loca- tion of a specific property. This includes "rural route" numbers, but excludes post office box num- bers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Supp. No. 16 1263 § XV-4u2 WINTER SPRINGS CODE Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the number 0, 2, 4, 6, 8, or the letters A—M. An "odd -numbered address" means an address end- ing in the numbers 1, 3, 5, 7, 9, or the letters N—Z. Code enforeenzezzt officerlcode inspector Any authorized agent or employee of the city whose duty is to ensure compliance with provisions of this article. District. The St. Johns River Water Manage- ment District, Irrigation. The process of artificially applying wabu, to plain gxvwun inedia uxd direcciy xo living plant material, b•riga.tioaz systems. Equipment and devices which deliver water to plants being irrigated including, but not limited to pipelines, control structures, pipes and ditches, pumping stations, emitters, valves and fittings. Person. Any person, firm, partnership, associ- ation, corporation, company or organization of any kind. Landscape irrigation. The outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gar- dens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights -of -way. "Landscape Ir- rigation" does not include irrigation related to agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields. Non-residential landscape irrigation. The irri- gation of landscape not included within the defi- nition of "residential landscape irrigation", such as that associated with public, commercial and industrial property, including commercial or tran- sient housing units, hotel and motel units, and public medians and rights -of -way. Reclaimed Water: Water that is reused after one or more public supply, municipal, industrial, commercial or agricultural uses. Residential landscape irrigation. The irriga- tion of landscape associated with any housing unit having sanitary and kitchen facilities de- signed to accommodate one or more residents, including multiple housing units and mobile homes. Wet detention. The collection and temporary storage of stormwater in a permanently wet im- poundment in such a manner as to provide for treatment through physical, chemical, and biolog- ical processes with subsequent gradual release of the stormwater. The key components of wet de- tention ponds that distinguish them from other nnntis nra• (1) Outlet structure having a drawdown de- vice designed to meet specific recovery time requirements; and (2) Permanent pool designed to provide a minimum residence time requirements dur- ing the wet season. (Ord. No. 2010-11, § 2, 4-26-10) Sec. 19-253. Landscape irrigation schedules, variances, and restrictions. (a) When daylight savings time is in effect, landscape irrigation shall occur only in accor- dance with the following irrigation schedule: (1) Residential landscape irrigation at odd - numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; (2) Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; (3) Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and (4) No more than three-quarters 0/4) inch of water may be applied per irrigation zone on each day that irrigation occurs, and in Supp. Mn 16 1264 UTILITIES no event shall irrigation occur for more than one (1) hour per irrigation zone on each day that irrigation occurs. (b) When Eastern Standard Time is in effect, landscape irrigation shall occur only in accor- dance with the following irrigation schedule: § 19-254 (e) Any person who purchases and installs an automatic irrigation system must properly in- stall, maintain, and operate technology that in- hibits or interrupts operation of the system dur- ing periods of sufficient moisture. (Ord. No. 2010-11, § 2, 4-26-10) (1) Residential landscape irrigation at odd Sec. 19-254. Exceptions. numbered addresses or no address may Landscape irrigation shall be subject to the occur only on Saturday and shall not following exceptions: occur between 10:00 a.m. and 4:00 p.m.; and (a) Irrigation using ahand-held hose equipped with an automatic shutoff nozzle is al- (2) Residential landscape irrigation at even lowed at any time of day on any day. numbered addresses may occur only on Sunday and shall not occur between 10:00 (b) Irrigation using a micro -spray, micro -jet, a.m. and 4:00 p.m.; and drip, or bubbler irrigation system is al- lowed anytime. (3) Non-residential landscape irrigation may (c) For reclaimed water customers of the city, occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and the use of reclaimed water for landscape irrigation is limited to twice per week (4) No more than three-quarters (3/4) inch of year round, and subject to the same time water may be applied per irrigation zone and duration requirements in section 19- on each day that irrigation occurs, and in 253. For the purpose of this paragraph, a no event shall irrigation occur for more reclaimed water system includes systems than one (1) hour per irrigation zone on in which the primary source is reclaimed each day that irrigation occurs. water, which may or may not be supple- mented from another source during peak (c) A variance from the specific landscape irri- demand periods. For those persons who gation days or day set forth herein may be granted received reclaimed water from another by the city manager or city manager's designee if utility, the use of reclaimed water is al - strict application of the scheduled days or day lowed anytime. would lead to unreasonable or unfair results in particular instances, provided that the applicant (d) The use of recycled water from wet deten- demonstrates with particularity that compliance tion treatment ponds for irrigation is al - with the scheduled days or day will result in a lowed anytime provided the ponds are not substantial economic, health or other hardship on augmented from any ground or off -site the applicant requesting the variance or those surface water, or public supply source. served by the applicant. Where a contiguous prop- (e) The operation of irrigation systems for erty is divided into different zones, a variance system repair and maintenance, is al - may be granted hereunder so that each zone may lowed any time of any day, providing such be irrigated on different days or day than other use does not exceed twenty (20) minutes zones of the property. However, in no event shall per hour, per irrigation zone. a variance allow a single zone to be irrigated more than two (2) days per week during Daylight (� Landscape irrigation for purposes of wa- tering in chemicals, including fungicides, Savings Time or more than one day per week insecticides, pesticides, herbicides, and fer- during Eastern Standard Time. tilizers as required by the manufacturer, (d) All landscape irrigation shall be limited in federal or state laws, or best management amount to only that necessary to meet landscape practices, is allowed at any time of day on needs. any day within twenty-four (24) hours of Supp. No. 16 1265 (g) (h) (i) WINTI;n SPRINGS CODE application. Watering in of chemicals shall not exceed one -quarter (1/4) inch of water per application except as otherwise re- quired by law, the manufacturer, or best management practices. Landscape irrigation for the purpose of watering in new landscape is allowed at any time of day on any day for the first thirty (30) days after initial installation, and every other day for the next thirty (30) days for a total of one sixty-day period, provided that the irrigation is lim- ited to the minimum amount necessary for such landscape establishment. Discharge of water from a water -to -air air-conditioning unit or other water -de- pendent cooling system is not limited. J. of city owned medians, rights of ways, and common areas with reclaimed water is limited to two days per week year round. However, the city manager or the city manager's designee may 91ter the days of the week these areas are irrigated in order to more evenly distribute the irrigation demand throughout the week and improve system pressure but in no case will the two (2) days per week be exceeded. (Ord. No. 2010-11 § 2, 4-26-10) Sec. 19-255. Enforcement. (a) Failure to comply with the requirements of this article shall constitute a violation of a city ordinance, and may be punished as provided by Section 166.0415, Florida Statutes. (b) Violations of the provisions of this article may also be punished, pursuant to Section 162.21, Florida Statutes, as a civil infraction. Violation of any provision of this article shall be subject to the following penalties: First violation Second violation Subsequent violations Written warning $50.00 Fine of a minimum of $75.00 and not to ex- ceed $500.00, depend- ing on the number of previous violations and the gravity of the viola- tion. (c) Each day in violation of the provisions of this article shall constitute a separate offense. (Ord. No. 2010-11, § 21 4-26-10) Secs. 19-256-19-299. Reserved. ARTICLE VIII. UTILITY PROTECTION AND ENFORCEMENT Sec. 19-300. Utility meters to be furnished by and remain property of city, all water must pass through me- ter. (a) All primary utility meters furnished, read and serviced by the city shall remain the property Vf Ulu City "ALd 011dl1 U6 acut:;56ibhe allu Suojeub UU its control. The customer shall provide meter space to the city at a suitable and readily acces- sible location satisfactory to the city. (u) That portion ofthe customer's installation for water service shall be so arranged that all water service shall pass through the meter. No temporary pipes, nipples or spacers are permitted and under no circumstances are connections al- lowed which may permit water to bypass the meter or metering equipment. (Ord. No. 2002-22, § 31 7-22-02) Sec. 19-301. Right of entry of authorized agents or employees. (a) Duly authorized agents and employees of the city bearing proper credentials and identifica- tion shall, during daylight hours or if called out after dark for emergency service, have free access to any city utility facility for the purpose of examining and maintaining the condition of city utility facilities, fixtures, service pipe lines, and such other purposes as may be proper to protect the interest of the city's utility system or reading or repairing any city utility meters located thereon, or turning the supply of water or such other city -provided utility to the premises off or on. (b) The owner or occupant of any premises is prohibited from permitting any shrubbery or other obstruction to be or remain situated in such place that it interferes with access by duly authorized employees or agents of the city to city utility Supp. No. 16 1266 UTILITIES facilities. The owner or occupant of any premises shall also be prohibited from permitting any dog or other animal under their control to interfere with such access. (c) If access to any city utility facy for the purposes herein described is impaired or denied, the city shall be authorized to discontinue supply- ing water or such other city -provided utility to the premises upon which such impairment or denial of access occurs. Such services shall be discontin- ued until such time access is allowed and the city has completed the examination required by this section. (Ord. No. 2002-22, § 3, 7-22-02) Sec. 19-302. Tampering with city utility sys- tem. (a) It shall be unlawful for any person to tamper, interfere, or in any way intermeddle with any city utility facility, including the city's water and sewer treatment plants, wells, reservoirs, or basins, or with utility mains, pipes, plugs, meters, lift stations, or connections inside or outside of the city limits. (b) Replacement costs due to damages from tampering with the city's utility system by any person other than a city employee or duly autho- rized agent will be the responsibility of the person causing the damage or the customer, if said dam- age occurs on the customer's property. If a cus- tomer connects to a city utility which requires a city -supplied meter registering the consumption, and the customer uses the utility without such a meter, service will be terminated and the cus- tomer will be responsible for paying for the ser- vice received and reimbursing the city for all charges incurred in terminating the service. (Ord. No. 2002-22, § 3, 7-22-02) Sec. 19-303. Trespass. It shall be unlawful for any person to enter upon or remain on any property used by the city for its utility facilities that are segregated, con- trolled and secured exclusively by the city, such as the water and wastewater treatment plants. The facilities may additionally be posted with no tres- passing signs and/or fenced. (Ord. No. 2002-22, § 3, 7-22-02) Sec. 19-304. Enforcement. § 19-3U% Any violation of this Article maybe enforced by civil citation under section 2-66 et seq. of the City Code, as a Class IV violation, or as otherwise provided by law. (Ord. No. 2002-22, § 3, 7-22-02) Supp. No. 10 1967 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 1268 [The next page is 1305] Chapter 20 ZONING* Article I. In General Sec. 20-1. Definitions. Sec. 20-2. Basis for regulations and requirements herein set forth. Sec. 20-3. Purpose. Sec. 20-4. Scope. Sec. 20-5. Interpretation, purpose and conflict. Sec. 20-6. Penalty. Secs. 20-7-20-25. Reserved, Article II. Administration Division 1. Procedure; Land Use Decisions Sec. 20-26. Intent and purpose. Sec. 20-27. City commission; authority. Sec. 20-28. Due process; special notice requirements. Sec. 20-29. Applications. Sec. 20-30. Staff review. Sec. 20-31. Rezonings. Sec. 20-32. Variances. Sec. 20-33. Conditional uses. Sec. 20-34. Waivers. Sec. 20-35. Administrative appeals. Sec. 20-36. Expiration of conditional use, variance and waiver approvals. Secs. 20-37-20-50. Reserved. Division 2. Planning and Zoning Board Sec. 20-51. Created. Sec. 20-52. Composition, appointment of members. Sec. 20-53. Term; filling vacancies; removal of members. Sec. 20-54. Reserved. Sec. 20-55. Compensation; allowances for expenses incurred in performance of duties. Sec. 20-56. Meetings; quorum; records to be kept. Sec. 20-57. Duties; general. Sec. 20-58. Assistants. Sec. 20-59. Reserved. Secs. 20-60-20-75. Reserved. `Cross references -Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; beautification board, § 2-76 et seq.; annexations and rezonings, § 2-116 et seq.; limitation on the number of dogs and cats permitted, § 4-2; arboreal standards of the City of Winter Springs, Ch. 5; regulations regarding landscaping applicable to privately held property, § 5-3; buildings and building regulations, Ch. 6; regulations regarding fences, walls, hedges, etc., § 6-186 et seq.; limitations on obstruction of clear vision when adjacent to street, intersection, etc., § 6-191 et seq.; required distance of fences or hedges from property line established, § 6-193; swimming pools, § 6-211 et seq.; setback requirements for swimming pools, § 6-219; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; off-street parking and loading requirements, § 9-276 et seq.; uniform building numbering system, § 9-370 et seq.; development impact fees, § 9-386 et seq.; adult entertainment regulations in commercial establishments, § 10-86 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17. Supp. No. 16 1305 WINTER SPRINGS CODE sion 3. Reserved Sec. 20-76-20-100. Reserved. Article III. Establishment of Districts Division 1. Generally Sec. 20-101. Division of city. Sec. 20-102. Official zoning map, working maps and procedures. Sec. 20-103. Restrictions upon lands, buildings and structures. Sec. 20-104. Changes and amendments. Secs. 20-105-20-120. Reserved, Division 2. R-lAaa Single -Family Dwelling Districts Sec. 20-121. Designation. Sec. 20-122. Uses permitted. Sec. 20-123. Conditional uses. Sec. 20-124. Building height regulations. Sec. 20-i25. Building area regulations. Sec. 20-126. Front, rear and side yard regulations. Sec. 20-127. Lot coverage. Sec. 20-128. Off-street parking regulations. Secs. 20-129-20-140. Reserved. Division 3. R-Ci Single -Family Dwelling District Sec. 20-141. Designation. Sec. 20-142. Uses permitted. Sec. 20-143. Conditional uses. Sec. 20-144. Building height regulations. Sec. 20-145. Building area regulations. Sec. 20-146. Front, rear and side yard regulations. Sec. 20-147. Lot coverage. Sec. 20-148. Off-street parking regulations. Secs. 20-149-20-160. Reserved. Division 4. R-lAa and R-lA One -family Dwelling Districts Sec. 20-161. Designation. Sec. 20-162. Uses permitted. Sec. 20-163. Conditional uses. Sec. 20-164. Building height regulations. Sec. 20-165. Building area regulations. Sec. 20-166. Front, rear and side ,yard regulations. Sec. 20-167. Lot coverage. Sec. 20-168. Use, area and yard exceptions. Sec. 20-169. Off-street parking regulations. Secs. 20-170-20-180. Reserved, Supp. No. 16 1306 ZONING ARTICLE I. IN GENERAL Sec. 20-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory. The term applied to a building or use which is clearly incidental or subordinate to and customary in connection with the principal build- ing or use and which is located on the same lot or parcel with such principal building or use. Accessory building. A building which is clearly incidental or subordinate to and customarily uti- lized adjacent to and in connection with a princi- pal building located on the same lot. Accessory buildings may include a detached garage, shed, gazebo, storage building, cabana or bathhouse used in conjunction with a swimming pool), or similar use. When an accessory building is at- tached to a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. (Also see section 6-84. Accessory buildings.) Accessory dwelling unit (ADU). An ancillary or secondary dwelling unit that is clearly subordi- nate to the principal dwelling, which has a sepa- rate egress/ingress independent from the princi- pal dwelling, and which provides complete independent living facilities for one (1) or more persons and which includes provisions for living, sleeping, eating, cooking, and sanitation. The ADU is located on the same parcel as the princi- pal dwelling and shall be subject to the required setbacks of the principal structure. The ADU may be either attached to or detached from the prin- cipal dwelling. (Also see section 6-85. Accessory Dwelling Units). Alley. A public way not more than thirty (30) feet in width, which affords only a secondary access to the property abutting thereon. Apartment hotel. A building designed for con- tainingboth apartments and individual guestrooins or suites which may offer such services as are ordinarily furnished by hotels. Tenants may be permanent or seasonal but not transient. Apartzent house, See "Dwelling, multiple." Basement. A basement shall mean a portion of a building located partly underground, but hav- ing less than half its clear floor to ceiling height below the average grade of the adjoining ground. A basement shall be counted as a story if subdi- vided and used for dwelling or business purposes. Boardinghouse or lodginghouse. Adwelling hav- ing one (1) kitchen and used for the purpose of providing meals or lodging or both for compensa- tion to persons other than members of the family occupying such dwelling. Building. Any permanent structures designed or built for the support, shelter or protection of persons, animals, chattels or property of any kind. Building, Izeiglzt of. The vertical distance from the grade to the highest point of the coping of a flat roof or to the mean height level between eaves anI ridge for gable, hip or gambrel roofs. Where no grade level has been established, the height of the building may be measured from the mean elevation of the finished lot grade at the front of the building. Cellar: A cellar shall mean that portion of a IIlocated partly or wholly underground anI having more than half its clear floor -to - ceiling height below the average grade of the adjoining ground. Clinic. A clinic shall mean an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) person or a group of persons practicing any form of healing or health building services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any such profession, the practice of which is lawful in the state. Club. Buildings and facilities owned and oper- ated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit or to render a service which is customarily carried on as a business. SuPp. No. 16 1311 WINTER SPRINGS CODE Decibel. A decibel is a unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure intensity of sound are calibrated in decibels. Dormitories. A room, apartment or building containing sleeping accommodations, which facil- ity is operated for the use of students enrolled in the sponsoring educational institution. Dwelling. A building or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy but not in- cluding motels, lodginghouses or hotels. Dwelling, one -family. A building designed for or occupied exclusively by one (1) family, except that an ancillary accessory dwelling unit may be attached to the principal dwelling unit in certain restricted situations as prescribed by code. Dwelling, tzuo-family. A building designed for or occuplect exclusively by Lwo (2) fa1 1111C S. Dwelling, multiple. A building designed for or occupied exclusively by three (3) or more families. Faanily. An individual or two (2) or more per- sons related by blood or marriage, or a group of not more than five (5) persons living together as a single housekeeping unit in a dwelling, who need not be related by blood or marriage. Filling station. See service station. Fleet. A group of vehicles contained in one area for the purpose of dispatch for service or other work related to the entity; however, governmental vehicles are exempted. Governmental vehicles include police, fire, rescue, and other governmen- tal vehicles which serve a vital public safety, health, or welfare purpose as determined by the city. Garage apartment. See "accessory dwelling unit." Garage, private. An accessory building or a portion of the principal building used for the storage of automobiles of the occupants of the building. A carport is a private garage. Garage, public. A building or portion thereof, other than a private garage or storage garage, designed or used for the sale, storage, servicing, reairi png, equipping and hiring of motor -driven vehicles. Garage, storage. A building or portion thereof designed or used exclusively for the storage or parking of automobiles. Services, other than stor- age at such storage garage, shall be limited to refueling, lubrication, washing, waxing and pol- ishing. Guest cottage. See "accessory dwelling unit." Guest (tourist) homes. A private dwelling in which transient sleeping accommodations are pro- vided for compensation; especially for motor tour- ists or travelers. Home occupation. Any use conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental to and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof; and provided, that all of the following conditions are met: Only such commodities as are made on the premises may be sold on the premises. How- ever, all such sales of home occupation work or products shall be conducted within the building and there shall be no outdoor display of merchan- dise or products, nor shall there be any indoor display visible from the outside of the building. No person shall be engaged in any such home occupation other than two (2) members of the immediate family, residing on the premises. No mechanical equipment shall be used or stored on the premises in connection with the home occu- pation, except such that is normally used for purely domestic or household purposes. Not over twenty (20) percent of the floor space of any one (1) story shall be used for home occupation pur- poses. No sign shall be used other than one (1) nonilluminated nameplate attached to the build- ing entrance, which nameplate shall not exceed two (2) square feet in area. Each location shall be approved by the planning and zoning board. Fab- rication of such articles as are commonly classi- fied under the term "arts and handicrafts" may be deemed a home occupation, subject to the other terms and conditions of this definition. Home occupations shall not be construed to include Supp. No. 16 1312 ZONING barbershops, beauty parlors, tearooms, food pro- cessing, restaurants, sale of antiques, commercial kennels, real estate offices or insurance offices. Hotel. A building or other structure kept, used, maintained and advertised as or held out to the public to be a place where sleeping accommoda- tions are supplied for pay, catering primarily to transient guests, in which ten (10) or more rooms are furnished for the accommodation of guests, and having or not having one (1) or more dining rooms, restaurants or cafes where meals are served to transients or other guests; such sleeping accom- modations and dining rooms, restaurants or ca- fes, if existing, being conducted in the same building or accessory buildings in connection there- with. Junhyar•ds. An establishment or place of busi- ness which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automotive grave- yard, and the term shall include garbage dumps and sanitary landfills. For purposes of this defi- nition, an automotive graveyard shall mean an establishment or place of business which is main- tained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. The term junkyard shall not include a recycling facility which satisfies the requirements of sec- tion 20-259(10) of the City Code. Laundry, self-service. Abusiness that provides home -type washing, drying and/or ironing ma- chines for hire to be used by customers on the premises. Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including a principal building together with its accessory buildings, the yard areas and parking spaces required by this chapter and having its principal frontage upon a publicly owned street and publicly maintained streets or upon an ap- proved place. Lot of record. A lot which is subdivided in accordance with the subdivision regulations con- tained in chapter 9 of the City Code which has been recorded in the office of the clerk of the county circuit court; or a parcel of land, on or before the effective date of the ordinance from which this chapter was derived. Lot, corner: A lot abutting upon two (2) streets at their intersection. Lot, depth. The depth of a lot is the distance measured in a mean direction of the sidelines of the lot from the middle point of the front lot line to the midpoint of the opposite rear line of the lot. Lot frontage. The horizontal distance measured along the narrow width of a lot abutting a street right -of --way. Lot, interior. A lot other than a corner lot. Lot, reserved corner. A corner lot, the street side lot line of which is substantially the continuation of the front lot line of the first lot to its rear. Lot, through. An interior lot having frontage on two (2) parallel or approximately parallel streets. Lot, width. The mean horizontal distance be- tween the side lot lines, measured at right angles to the depth. Motel. A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities adjacent to each unit and having individual unit entrances opening to the outside. The term "motel" includes buiWings designated as auto courts, tourist courts, motor lodges and similar appellations. Multi -tenant development. Shopping centers and other uses so determined by the city. Nonconforming use. The use of a building, or portion thereof, or land, or portion thereof, which use does not conform with the use regulations of the district in which it is located. Noxious matterMaterial which is capable of causing injury to living organisms by mechanical or chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of individuals. Nursing (convalescent) home. A home of aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family Supp. No. 16 1913 WINTER SPRINGS CODE are received, kept or provided with food and/or similar institutions devoted primarily to the diag- nosis and treatment of the sick or injured. Octane band. An octave band is a means of dividing the range of sound frequencies into oc- taves in order to classify sound according to pitch. Octane band filter An octave band filter is an electrical frequency analyzer designed according to standards formulated by the American Stan- dards Association and used in conjunction with a sound level meter to take measurements in spe- cific octave intervals. Particaclate matter: Material which is sus- pended in or discharged into the atmosphere in finely divided form as a liquid or a solid at atmc�phc.� p�•.,,•..u�„ u..d tc...f.,:•uture. Pei for•mance standard. Acriteria established to control noise, odor, smoke, toxic or noxious mat- ter, vibration, fire and explosive hazards and glare o • heat generated by or inliereta in uses of land or buildings. Principal building. The building or structure of chief importance or function on a parcel or lot. In general, the primary use of the lot is carried out in the principal building. Professional offices. Professional offices shall include those vocations in which professed attain- ments in special knowledge are practiced, as distinguished from mere skills, and shall be lim- ited to those professions so classified by the laws of the state or determined by decisions of the state supreme court, and which are conducted as pro- fessions and not as a trade or other business. Professional offices do not include offices for the treatment of animals on the premises. Ringelmann Chart and number chart de- scribed in the United States Bureau of Mines Information Circular 6888, and of which are illus- trated graduated shades of gray for use in esti- mating the light obscuring capacity of smoke. A Ringelmann number is the number of the area in the Ringelmann Chart that coincides most nearly with the visual density of emission. Service station. Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories and in connection with which is performed gen- eral automotive servicing as distinguished from automotive repairs. Smoke units. Smoke units represent the num- ber obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. Soacnd level meter. An instrument standardized by the American Standards Association for mea- surements of the intensity of sound. Story. That portion of a building included be- tween the surface of any floor and the surface of the next floor above it, then the space between such floor and the ceiling next above it. Street. A public or private thoroughfare which affords the principal means of access to abutting property. This includes land, place, way or other means of ingress or egress regardless of the term used to describe it. Street right -of --way. The dividing line between a lot, tract or parcel of land and a contiguous street. Structure. Any thing constructed, erected or placed, the use of which requires more or less permanent location on the ground and shall in- clude tents, lunch wagons, dining cars, camp cars or other structures on wheels or other supports and used or intended for business or living quar- ters. Structural alterations. Any substantial change, except for repair or replacement in supporting members of a building such as bearing walls, columns, beams or girders, floor joists or roof sts. Subdivision. For the purpose of these regula- tions, asubdivision of land is either: (1) The platted division of land comprising one (1) acre or more in area, into lots, sites or parcels; (2) Establishment or dedication of a road, highway, street or alley through a tract of land by the owner thereof, regardless of area; or (3) The resubdivision of land of one (1) acre or more in area heretofore divided or platted into lots, sites or parcels. Supp. No. 16 1314 ZONING Swimming pool. Any constructed pool used for swimming or bathing over twenty-four (24) inches in depth or with a surface area exceeding two hundred fifty (250) square feet. Toxic materials. Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. Trailer Any so-called house trailer and other similar objects, which are designed for use as a place of abode, by one (1) or more persons, both temporary and permanent, irrespective of whether they are used actually for such purposes. Trailer park. A duly licensed camp, park or other area established to carry on the business of parking or otherwise servicing trailers. Use, principal. The main use of land or build- ings as distinguished from a subordinate or acces- sory use. Yard. An open space at gY•ade between a build- ing and adjoining lot line, unoccupied and unob- structed by a portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building shall be used. Yard, front. Ayard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the principal building or any projections of uncovered steps, uncovered balconies or uncov- ered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its dimension. Yard, rear Ayard extending across the rear of a lot between the sidelines of lots and being the minimum horizontal distance between the rear of the principal building or any projections thereof other than the projection of uncovered steps, balconies or porches. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard. Yard, side. Ayard between the principal build- ing and the sideline of a lot and extending from the front lot line to the rear yard and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereto. (Ord. No. 44, § 44.24, 1-8-68; Ord. No. 675, 12-8- 97; Ord. No. 2005-09, Ord. No. 2005-09, § 2, 3-28-05; Ord. No. 2005-23, § 3, 9-12-05; Ord. No. 2010-03, § 2, 4-12-10; Ord. No. 2010-08, § 5, 10-25-10) Cross reference —Definitions and rules of construction generally, § 1-2. Sec. 20-2. Basis for regulations and require- ments herein set forth. The regulations and requirements herein set forth have been made in accordance with a com- prehensive plan, with reasonable consideration, among other things, to the prevailing land uses, growth characteristics and the character of the respective districts and their peculiar suitability for particular uses and to encourage the most appropriate use of land throughout the city. (Ord. No. 44, § 44.01, 1-8-68) Sec. 20-3. Purpose. In their interpretation and application, the provisions of this chapter shall be the minimum requirements to promote the public health, mor- als, safety and general welfare; to conserve the taxable value of land and buildings and to protect the character and maintain the stability of resi- dential, business and industrial areas within the city and to promote the orderly and beneficial development of such areas. Among other pur- poses, such provisions are intended to provide adequate light, air, privacy and convenience of access to property, to avoid undue concentration of population by regulating and limiting the height and bulk of buildings; the size and open spaces surrounding buildings; to establish building lines; to divide the city into districts restricting and regulating therein the construction, reconstruc- tion, alteration and use of buildings, structures and land for residence, business, industrial and other specified uses; to limit congestion in the public streets by providing off-street parking of motor vehicles; and to define the powers of the administrative officers of the planning and zoning board as provided herein. (Ord. No. 44, § 44.02, 1-8-68) Supp. No. 16 1315 20-4 Sec. 20-4. Scope. WINTER SPRINGS CODI; This chapter is not intended to repeal, change, abrogate, annul or in any way impair or interfere with the provisions of other laws or ordinances existing on the effective date of the ordinance from which this section was derived, except those specifically repealed or any private restrictions placed on property by covenant, deed or other private agreement. Where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings or lot cover- age, or require greater lot areas, larger yards or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such private restrictions, the provisions of this chapter (Ord. No. 44, § 44.03, 1-8-68) Sec. 20-5. Interpretation, purpose and con- fliet„ In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this chapter to interfere with, abrogate or annul any lawful ease- ments, covenants, or other agreements between parties; provided, however, that where this chap- ter imposes a greater restriction upon the use of buildings or premises or upon the heights of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by lawful easements, covenants or agreements, the provisions of this chapter shall control. (Ord. No. 44, § 44.88, 1-8-68) Sec. 20-6. Penalty. Any person violating or failing to comply with the terms and provisions specified herein upon conviction and at the discretion of the court may be fined, imprisoned or both as deemed appropri- ate by the court. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. No. 44, § 44.87, 1-8-68; Ord. No. 367, § 2, 5-11-87) Secs. 20-7-20-25. Reserved, ARTICLE II. ADMINISTRATION DIVISION 1. PROCEDURE; LAND USE DECISIONS Sec. 20-26. Intent and purpose. The intent and purpose of this division is to set forth the procedure for applying for variances, conditional uses, rezonings, waivers, and admin- istrative appeals as set forth in this chapter. (Ord. No. 2004-49, § 2, 12-13-04) Sec. 20-2'7. City coxwaxoissAnx�° �aut,lri��•ifr�� Unless otherwise provided in this chapter, the city commission shall render all final decisions regarding rezonings, variances, conditional uses, givers, and adrain!Stiaiivu appeals provided for in this chapter. The city commission may impose reasonable conditions on any approved rezoning, variance, conditional use, waiver or administra- tive appeal to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive plan. All formal deci- sions shall be based on competent substantial evidence and the applicable criteria set forth in this chapter. The city commission may adopt, by resolution, quasi-judicial rules and procedures to implement this division. (Ord. No. 44, § 44.15, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 2004-49, § 25 12-13-04) Sec. 20-28. Due process; special notice re- quirements. (a) All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. (b) In addition to any notice requirements pro- vided by stateall public hearings under this division shall be publicly noticed for at least five (5) calendar days prior to the date of the hearing. Said notice shall include the address of the sub- Supp. No. 16 1316 ZONING ject property, matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: (1) Posting the affected property. (2) Posting at city hall. (3) Notifying, by U.S. mail, all owners of real property adjacent to and within one hun- dred fifty (150) feet of the subject prop- erty. The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to be courtesy notices. The failure to provide such cour- tesy notices shall not be a basis of appealing any decision made under this division. (Ord. No. 44, § 44.16, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80; Ord. No. 231, § 1, 2-24-81; Ord. No. 200449, § 2, 12-13-04) Sec. 20-29. Applications. (a) The city manager or the city manager's designee is hereby authorized to prepare applica- tions in furtherance of this division. At a mini- mum, all applications for rezonings, variances, conditional uses, waivers, and administrative ap- peals shall be accompanied by the applicable application fee adopted by the city commission and shall contain the following information: (1) A general description of the relief sought under this division. (2) A brief explanation as to why the applica- tionsatisfies the relevant criteria set forth in this division. (3) The name(s) of the owner(s) of the partic- ular real property. (4) If the applicant is other than all of the owners of the particular property, written consent signed by all owners of the par- ticular real property shall be attached. (5) The legal description of the particular reaI property, accompanied by a certified survey or that portion of the map main- tained by the Seminole County Property Appraiser reflecting the boundaries of the particular real property. (6) The current and future land use and the zoning designations on the real property. (Ord. No. 2004-49, § 2, 12-13-04) Sec. 20-30. Staff review (a) The city staff shall be required to review all applications for rezonings, variances, conditional uses, waivers, and administrative appeals, and make written recommendations to the planning and zoning board and the city commission. (b) Upon completion of the written recommen- dation, city staff shall forward the application along with the recommendation, to the planning anI zoning board as required by this division, for a duly noticed public hearing. (Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010- 09, § 2, 4-26-10) Sec. 20-31. Rezonings. (a) Any real property owner may file a rezon- ing application requesting a change in zoning designation for their real property. (b) The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city com- mission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall snake a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommenda- tion on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) All rezoning applications shall be reviewed for compliance with the following standards: (1) The proposed rezoning change is in com- pliance with all procedural requirements established by the City Code and law; (2) The proposed rezoning change is consis- tent with the city's comprehensive plan including, but not limited to, the Future Supp. No. 19 1317 WINTER SPRINGS CODE an Use Map and the proposed change would not have an adverse effect on the comprehensive plan; (3) The proposed rezoning change is consis- tent with any master plan applicable to the property; (4) The proposed rezoning change is not con- trary to the land use pattern established by the city's comprehensive plan; (5) The proposed rezoning change would not create a spot zone prohibited by law; (6) The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the lnarl nn niihlie fnnilific,o Wind onz•vinno such as schools, utilities, streets, and other municipal services and infrastructure; (7) The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to exist- ing conditions on the property and the surrounding area and the land use pat- tern established by the city's comprehen- sive plan; (8) Changed or changing conditions make the proposed rezoning necessary; (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Should the city be presented with compe- tent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed re- zoning change will not adversely affect property values in the surrounding area; (11) The proposed rezoning will not be a sub- stantial detriment to the future improve- ment or development of vacant adjacent property; (12) The proposed rezoning will not constitute a grant of special privilege to an individ- ual owner as contrasted with the public welfare; (13) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) The proposed rezoning does not violate any applicable land use regulations ad- opted by the city. (e) In approving a change in the zoning classi- fication on a lot or parcel of land, at the request of or with the concurrence of the owner of said lot or parcel, the city commission may approve a rezon- ing subject to restrictions provided such restric- tions do not confer any special privilege upon the owner or subject property that would otherwise be denied by the city's land development regula- tions in the same zoning district. Such restric- tions may include one or more of the following: (1) Use restrictions greater than those other- wise specified for that particular district; (2) Density restrictions greater than those otherwiso ,specified for the particular dis- trict; (3) Setbacks greater than those otherwise specified for the particular district, includ- ing setbacks from lakes and major arte- rial roadways; (4) Height limits more restrictive than other- wise permitted in the district; (5) Minimum lot areas or minimum widths greater than otherwise specified for the particular district; (6) Minimum floor area greater than other- wise specified for structures in the partic- ular district; (7) Open space requirements greater than otherwise required for property in the particular district; (8) Parking, loading driveway or traffic re- quirements more restrictive than other- wise required for the particular district; (9) Fencing or screening requirements greater than otherwise required for the particular district; (10) Restrictions on any other matters which the city commission is authorized to reg- ulate. Supp. No. 16 1318 ZONING Upon approval of such restrictive rezonings, the planning division shall enter a reference to the restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restric- tions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the subject property in accordance with the procedures prescribed herein. (Ord. No. 2004-49, § 2, 12-13-04) Sec. 20-32. Variances. (a) Any real property owner may file a vari- ance application requesting variance from this chapter for their real property. (b) The planning and zoning board shall be required to review all variance applications and make a written recommendation to the city com- mission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable variance criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommenda- tion on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criterion: (1) That special conditions and circumstances exist which are peculiar to the land, struc- ture or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. (2) That literal interpretation of this chapter would deprive the applicant of rights com- monly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. (3) That the special conditions and circum- stances referred to in subsection (d)(1) of this section do not result from the actions of the applicant. (4) That approval of the variance requested will not confer on the applicant any spe- cial privilege that is denied by this chap- ter to other lands, buildings, or structures in the same zoning district. (5) That the requested variance is the mum variance from this chapter neces- sary to make possible the reasonable use of the land, building or structure. (6) That approval of the variance will be in harmony with the general intent and pur- pose of this chapter, and will not be inju- rious to the neighborhood or otherwise detrimental to the public welfare. (Ord. No. 2004-49, § 2, 1243-04; Ord. No. 2010- 09, § 2, 4-26-10) Sec. 20-33. Conditional uses. (a) Any real property owner may file a condi- tional use application requesting a conditional use of their real property providing the condi- tional use is listed in the applicable zoning dis- trict category. (b) The planning and zoning board shall be required to review all conditional use applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section. (c) Upon receipt of the planning and zoning boardIs recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommenda- tion on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the conditional use, including its pro- supp. Na. Is 1319 WINTER SPRINGS CODE posed scale and intensity, traffic -generat- ing characteristics, and offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicin- ity. (2) Whether the applicant has demonstrated the size and shape of the site, the pro- posed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitignte against potential adverse impacts of the proposed use. (3) Whether the proposed use will have an adverse impact on the. local economy, in eluding governmental fiscal impact, em- ployment, and property values. (4) Whether the proposed use will have an adverse impact on the natural environ- ment, including air, water, and noise pol- lution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. (5) Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (6) Whether the proposed use will have an adverse impact on public services, includ- ing water, sewer, surface water manage- ment, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. (7) Whether the proposed use will have an adverse impact on housing and social con- ditions, including variety of housing unit types and prices, and neighborhood qual- ity. (Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010- 09, § 21 4-2640) Sec. 20-34. Waivers. (a) Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted, condi- tional and prohibited uses set forth in any zoning district category) if the property owner clearly demonstrates that the applicable term or condi- tion clearly creates an illogical, impossible, im- practical, or patently unreasonable result. (b) The planning and zoning board shall be required to review all waiver applications and make a written recommendation to the city com. mission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make n final derision on the application. If tho city commission determines that the planning and zoning board has not made a recommenda- tion on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) In addition to the standard set forth in paragraph (a) above, all waiver recommendations and final decisions shall also comply with the following criteria: (1) The proposed development plan is in sub- stantial compliance with this chapter and in compliance with the comprehensive plan. (2) The proposed development plan will sig- nificantly enhance the real property. (3) The proposed development plan serves the public health, safety, and welfare. (4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. (5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unrea- sonable result caused by the applicable term or condition under this chapter. S11pp. No. 19 1320 ZONING (6) The proposed development plan is com- patible with the surrounding neighbor- hood. (Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010- 091 § 2, 4-26-10) Sec. 20-35. Administrative appeals. (a) Any final administrative decision regard- ing the enforcement or interpretation of this chap- ter, where it is alleged there is an error by an administrative official, can be appealed as set forth in this section. (b) Appeals shall be taken within thirty (30) days after such administrative decision is made by filing a written notice of appeal with the city manager stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal, the city manager shall schedule the appeal before the planning and zon- ing board and transmit all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. (c) The planning and zoning board shall be required to review all administrative appeals and make a recommendation to the city commission. (d) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the administrative ap- peal. If the city commission determines that the planning and zoning board has not made a rec- ommendation on an administrative appeal within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recom- mendation. (e) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly af- forded procedural due process; (2) Whether the decision under review is sup- ported by competent, substantial dence; and (3) Whether the decision under review com- plied with applicable law, including a proper interpretation of any provision un- der this chapter. (f) The city commission shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officers from whom the appeal is taken. (Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010- 09, § 2, 4-26-10) Sec. 20-36. Expiration of conditional use, variance and waiver approvals. (a) Any conditional use, variance or waiver approved by the city commission under this Divi- sion shall expire two (2) years after the effective date of such approval by the city commission, unless a building permit based upon and incorpo- rating the conditional use, variance, or waiver is issued by the city within said time period. Upon written request of the property owner, the city commission may extend the expiration date, with- out public hearing, an additional six months, provided the property owner demonstrates good cause for the extension. In addition, if the afore- mentioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or dis- continued for a period of six months, the condi- tional use, variance or waiver shall be deemed expired and null and void. (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the City that may have never been acted upon or abandoned by the property owner. The city com- mission finds that these unexpired permits may now be detrimental to the public health, safety, and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this section shall apply retroactively to any unex- pired conditional use, variance, and waiver previ- ously granted by the city commission. It is the intent and purpose of this subsection to void any previously granted conditional use, variance, and Supp. No. 16 1321 WINTER SPRINGS CODE waiver permit that does not comply with the provisions of this section and to require the prop- erty owner to reapply, under current circum- stances, for said permit should the property owner desire or need said permit. (Ord. No. 2004-49, § 23 12-13-04) Secs. 20-37-20-50. Reserved. DIVISION 2. PLANNING AND ZONING BOARD* Sec. 20-51. Created. There is hereby created a planning and zoning board for the city. (Ord. No. 44, § 44.042 1-8-68) Sec. 20-52. Composition, appointment of members. The planning and zoning board shall consist of five (5) members having designated seats one (1) through five (5) with such numbers corresponding with the commission seat. Each member shall be a citizen and registered voter of the city and each appointment by the respective commission mem- ber occupying the corresponding numbered seat shall be subject to commission ratification. (Ord. No. 44, § 44.05, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80) Sec. 20-53. Term; filling vacancies; removal of members. Each member appointed shall serve as pro- vided in Chapter 2 of the City Code. Vacancies on the board may be filled by the commission mem- ber whose seat number corresponds with the vacant planning and zoning board seat subject to commission ratification. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the ratification by city *Cross reference -Boards, committees, commissions, § 2-41 et seq. commission. Members shall be subject to removal from office as provided in Chapter 2 of the City Code. (Ord. No. 44, § 44.06, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80; Ord. No. 259, § 1, 1-26-82; Ord. No. 2002-28, § 5, 9-23-02) Sec. 20-54. Reserved. Editor's note -Ord. No. 2002-28, § 2, adopted Sept. 23, 2002, repealed former section 20-54 in its entirety which pertained to the appointment of the chairman and vice- chairman of the planning and zoning board and derived from Ord. No. 44, § 44.07, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80, Sec. 20-55. Compensation; allowances for ex- penses incurred in performance Members of the planning and zoning board of the city shall be reimbursed from the city trea- sury to cover the expenditures naturally and ncccSsarily incurred by them and that such reim- bursement for expenses shall be established by resolution. (Ord. No. 44, § 44.08, 1-8-68; Ord. No. 219, § 1, 7-8-80) Sec. 20-56. Meetings; quorum; records to be kept. The planning and zoning board shall meet at least once each calendar month at a time set by its members. A special meeting may be called at any time by the chairman or any three (3) of its members if the need should arise. Three (3) members shall constitute a quorum. No action by the planning and zoning board, except a vote to adjourn or to continue a matter to a subsequent date, shall be valid or binding unless adopted by affirmative vote of three (3) or more members of the board. Complete records of all proceedings shall be kept. (Ord. No. 44, § 44.09, 1-8-68; Ord. No. 173, § 2, 9-8-78; Ord. No. 259, § 2, 1-26-82) Sec. 20-57. Duties; general. (a) It shall be the duty of the planning and zoning board to: (1) Recommend to the city commission the boundaries of the various original zoning S11pp. No. 19 1322 ZONING districts and appropriate regulations to be enforced therein and any proposed amendments thereto and to collect data and keep itself informed as to the best practices generally in effect in the matter of city planning and zoning to the end that it may be qualified to act on mea- sures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. The board shall rec- ommend the boundaries of districts and appropriate regulations. (2) To hear and make recommendations on appeals only where it is alleged there is error in any order, requirement, decision or determination made by an administra- tive official in the enforcement of any zoning ordinance or regulations adopted, as provided in this chapter. (3) To review and make recommendations to the city commission on any application for variance, as provided in this chapter. (4) To review and make recommendations to the city commission on any application for conditional use, as provided in this chap- ter. (5) To review and make recommendations to the city commission on any application for waiver, as provided in this chapter. the board shall commence such duties on the adoption of the comprehensive plan by the city commission. (Ord. No. 44, § 44.10, 1-8-68; Ord. No. 156, § 2, 9-12.77; Ord. No. 2010-09, § 2, 4-26-10) Sec. 20-58. Assistants. Expenditures for all professional and clerical assistants employed in connection with the per- formance of the functions of the planning and zoning board shall be within the amounts appro- priated for such purposes. (Ord. No. 44, § 44.12, 1-8-68) Sec. 20-59. Reserved. Editor's note —Ord. No. 2003-17, § 2, adopted June 9, 2003, repealed former section 20-59 in its entirety which pertained to recommendations of the planning and zoning board and derived from Ord. No. 44, § 44.13,adopted Jan. 8, 1968. Secs. 20-60-20-75. Reserved. DIVISION 3. RESERVED` Secs. 20-76-20-100. Reserved. ARTICLE III. ESTABLISHMENT OF DISTRICTS DIVISION 1. GENERALLY Sec. 20-101. Division of city. In order to classify, regulate and restrict the uses of land, water, buildings and structures, and (6) To hear and make recommendations on such other matters and issues and give *Editor's note —Ord. No. 2010-09, § 2, adopted April 26, such guidance as may be required by law 2010, repealed former Div. 3, §§ 20-76-20-78, 20-80-20-82, in its entirety. Former Div. 3 pertained to the board of or requested of it by the city commission. adjustment and derived from following: (b) The planning and zoning board may recom_ Ord. No. Section Date mend such rules of procedure as are necessary 44 44.18-44.21 1- 8-68 and not in conflict with the provisions of the Code 105 1 7- 1-74 of Ordinances of the city, or those statutes of the 156 2 9-12-77 state which are specifically applicable to munici- 173 1 9- 8-78 214 1, 2 5-13-80 palities. 219 2 7- 8-80 (c) In addition to the duties set forth above, the 240 1 5-26-8 260 1 1-26-82 planning and zoning board shall serve as the local 266 2 8-31-82 land planning agency pursuant to the county 577 I 2-13-95 comprehensive planning act and the local govern- 2002-28 5 9-23-02 ment comprehensive planning act of the state and 2004-49 2 12-13-04 Supp. No. 16 1323 WINTER SPRINGS CODE to regulate and to restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, the corporate areas of the city is divided into districts as pro- vided in this Article III. (Ord. No. 44, § 44.25, 1-8-68; Ord. No. 51, 8-3-70; Ord. No. 68, 11-29-71; Ord. No. 414, § I, 3-28-88; Ord. No. 2004-04, § 2, 1-26-04) Sec. 20-102. Official zoning map, working maps and procedures. (a) Official zoning map adoption. The city is hereby divided into zones, or districts, as shown on the official zoning snap, which, together with all explanatory material thereon, is hereby ad- opted by reference and declared to hP a nart. of this chapter. A copy of the official zoning map shall be available for public inspection in the city hall and shall be the final authority as to current zoning status of lands, buildings and other struc- tures in the city. (b) Official zoning map description. The offi- cial zoning map shall consist of an electronic color -coded map of the entire city. Each individual color on the official zoning map shall represent a separate and distinct zoning classification. (c) Official zoning map zzpdate and annazal approval. The community development depart- ment -planning division shall oversee the mainte- nance of the official zoning map. It shall be the division's duty and responsibility to keep the zoning map up-to-date. Maps shall be updated within ten (10) days following the adoption by the city commission of an ordinance rezoning real property. In addition, the update shall include adding to the map's database, a reference to the ordinance adopting the rezoning. A copy of the official zoning map shall be presented annually to the planning and zoning board for review. During the review, the board shall review the map for accuracy and situations where an administrative rezoning may be appropriate. Upon completion of the review, the planning and zoning board shall issue a report to the city commission pointing out any inaccuracies in the map and any properties which may be considered for an administrative rezoning. The city commission shall review the planning and zoning board's report and make such decisions that are necessary to update the city's official zoning map. Any unauthorized change to the city's official zoning map of whatever kind by any person or persons shall be considered a violation of this chapter and punishable under section 1-15 of the City Code. (Ord. No. 44, § 44.26, 1-8-68; Ord. No. 145, § 2, 10-11-76; Ord. No. 2004-04, § 2, 1-26-04; Ord. No. 20044% § 2, 12-13-04) Sec. 20-103. Restrictions upon lands, build- ings and structures. (a) Use. No building or structure shall be erected and nn pviting hiiilrling chli h m 7 ult� •�u added to or enlarged, nor shall any land, building, structure or premises be used, designed or in- tended to be used for any purpose or in any manner other than a use designated in the sec- tions of this chapter, or amendments thereto, as permitted in the district in which such land, building, structure or premises is located. (b) Height. No structure or building shall be erected, nor shall any existing building be moved, reconditioned or structurally altered so as to exceed in height the limit established in the sections of this chapter, or amendments thereto, for the district in which such building or structure is located. (c) Percentage of occupancy (lot). No building or structure shall be erected, nor shall any exist- ing building or structure be moved, altered, en- larged or rebuilt, nor shall any open space sur- rounding any building or structure be encroached upon or reduced in any manner except in confor- mity with the building site requirements and the areas and parking space and yard regulations established in the sections of this chapter, or amendments thereto, for the district in which such building or structure is located. (d) Density of population. No building, struc- ture or premises shall be erected or occupied or used so as to provide a greater density of popula- tion than is allowed under the terms of the sections of this chapter for the district in which such building, structure or premises is located. Supp. No. 16 1324 ZONING However, accessory dwelling units in single fam- ily zoning districts are exempted from inclusion in the density calculation and may be conditionally permitted in a zoning district as a valid single family use, subject to criteria set forth in section 6-85. (e) Open space use limitations. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this chapter, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure. (f) Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract of land as defined herein; and in no case shall there be more than one (1) building on one (1) lot except that single family zoning dis- tricts may include as a conditional use, one (1) accessory dwelling unit attached or detached per principal dwelling or as hereinafter provided. (g) Minimum lot depth. The minimum lot depth shall not be less than one hundred ten (110) feet for any single-family residential lot, and no single- family dwelling shall be constructed on any lot having a depth of less than one hundred ten (110) feet in any zoning district. In calculating the minimum depth of a lot, the footage of any rear yard easement, as described in section 9-159 herein, which encroaches on the lot, shall be excluded from the calculations of depth. For pur- poses of this subsection, a single-family dwelling shall not include trailer homes or mobile homes. (Ord. No. 44, § 44.27, 1-8-68; Ord. No. 483, § 1, 5-14-90; Ord. No. 2010-08, § 5, 10-25-10) Sec. 20-104. Changes and amendments. The city commission may from time to time amend, supplement, change or repeal the regula- tions, restrictions or district boundaries and des- ignations as set out in this ordinance after a public hearing(s) as provided in F.S. §§ 163.3161, 166.041 and any amendments thereto, and as provided by the intents herein contained and in accordance with the intents and purposes of the Florida Statutes. (Ord. No. 44, § 44.86, 1-8-68; Ord. No. 367, § 2, 5-11-87) Secs. 20-105-20-120. Reserved. DIVISION 2. R-lAAA SINGLE-FAMILY DWELLING DISTRICTS Sec. 20-121. Designation. This classification is intended to apply to areas designated R-1AAA within the city and shall be governed by the regulations and requirements set forth in this division. (Ord. No. 44, § 44.27.1, 1-8-68; Ord. No. 68, § II, 11-29-71) Sec. 20-122. Uses permitted. Within any R-lAAA Single -Family Dwelling District, no building, structure, land or water shall be used except for the following use: (1) Single-family dwellings and their custom- ary accessory uses. (Ord. No. 44, § 44.27.2, 1-8-68; Ord. No. 68, § III, 11-29-71) Sec. 20-123. Conditional uses. There shall be no conditional uses within the R-lAAA Single -Family Dwelling Districts, except the following: (1) One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6-85, (2) Churches; (3) Schools; (4) Public recreational areas and facilities. 11-29-71; Ord. No. 240, § 3, 5-26-81; Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-08, § 5, 10-25-10) Sec. 20424. Building height regulations. In R-1AAA Single -Family Dwelling Districts, no building or structure shall exceed thirty-five (35) feet in height. (Ord. No. 44, § 44.27.4, 1-8-68; Ord. No. 68, § V, 11-29-71) Supp. No. I6 1325 § 20-125 WINTER SPRINGS CODE Sec. 20425. Building area regulations. DIVISION 3. R-CI SINGLE-FAMILY DWELLING DISTRICT The principal single-family dwelling shall be located on a lot or parcel of land not less than twenty thousand (20,000) square feet and such lot or parcel of land shall have a minimum width of one hundred (100) feet at the building line. (Ord. No. 44, § 44.2T5, 1-8-68; Ord. No. 68, § VI, 11-29-71; Ord. No. 2010-08, § 5, 10-25-10) Sec. 20-126. Front, rear and side yard regu- lations. The following yard regulations shall apply in the R-1AAA Single -Family Dwelling Districts: (1) Front yard. The front yard shall not be less than fifty (50) feet in depth. (2) Rear yard. The rear yard shall not be less than thirty-five (35) feet in depth. (3) Side yuz•d. Side yards shall be provided on each side of each dwelling structure of not less than twenty (20) feet. (4) Corner lots. On corner lots, the front yard setback of fifty (50) feet must be main- tained on each side of the lot. (Ord. No. 44, § 44.27.6, 1-8-68; Ord. No. 68, § VII, 11-29-71) Sec. 20-127. Lot coverage. Forty (40) percent of the lot area is the maxi- mum which may be covered by the principal and accessory buildings or structures located within R-1AAA. (Ord. No. 44, § 44.2707, 1-8-68; Ord. No. 68, § VIII, I1-29-71) Sec. 20-128. Off-street parking regulations. All parking within R-lAAASfngle-Family Dwell- ing District shall be off-street parking. (Ord. No. 44, § 44.27.8, 1-8-68; Ord. No. 68, § IX, 11-29-71) Secs. 20-129-20-140. Reserved. Sec. 20-141. Designation. This classification is intended to apply to areas designated R-CI within the city and shall be governed by the regulations and requirements set forth in this division. (Ord. No. 44, § 44.27.9, 1-8-68; Ord. No. 107, § 2, 7-29-74) Sec. 20-142. Uses permitted. Within any R-CI Single -Family Dwelling tricts, no building, structure, land or water shall be used except for the following use: (1) Single-family dwellings and their custom- ary accessory uses. (2) Horses and ponies, allowing three -fourths of an acre per animal not to exceed ten (10) animals per lot; provided however, horses and ponies can be permitted on less than three -fourths of an acre upon recommendation by the planning and zon- ing board. (Ord. No. 44, § 44.27.10, 1-8-68; Ord. No. 107, § 3, 7-29-74) Sec. 20-143. Conditional uses. There shall be no conditional uses within the R-CI Single -Family Dwelling Districts, except the following: (1) One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6-85; (2) Churches; (3) Schools; (4) Public recreational areas and facilities. 7-29-74; Ord, No. 240, § 41 5-26-81; Ord. No. 2004492 § 2, 12-13-04; Ord, No. 2010-08, § 5, 10-2540; Ord. No. 2010-09, § 2, 4-26-10) Supp. No. 16 1326 ZONING Sec. 20-144. Building height regulations. In R-CI Single -Family Dwelling Districts, no building or structure shall exceed thirty-five (35) feet in height. (Ord. No. 44, § 44.27.121 1-8-68; Ord. No. 107, § 5, 7-29-74) Sec. 20-145. Building area regulations. The principal single-family dwelling shall be located on a lot or parcel of land not less than one (1) acre in size and such lot or parcel of land shall have a minimum width of one hundred twenty (120) feet at the building line. (Ord. No. 44, § 44.27.13, 1-8-68; Ord. No. 107, § 6, 7-29-74; Ord. No. 2010-08, § 5, 10-25-10) Sec. 20-146. Front, rear and side yard regu- lations. The following yard regulations shall apply in the R-CI Single -Family Dwelling Districts: (1) Front yard. The front yard shall not be less than fifty (50) feet in depth. (2) Rear yard. The rear yard shall not be less than thirty-five (35) feet in depth. (3) Side yard. The side yards shall not be less than twenty (20) feet on each side of the dwelling structure. (4) Corner lots. On corner lots, the front yard setback of fifty (50) feet must be main- tained on each side of the lot. (5) Minimum floor area shall be one thou- sand six hundred (1,600) square feet cluding utility room but excluding car- ports, garages, breezeways, screened or open porches). (Ord. No. 44, § 44027.14, 1-8-68; Ord. No. 107, § 7, 7-29-74) Sec. 20447. Lot coverage. Twenty (20) percent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located within R-CI. (Ord. No. 44, § 44.27A5, 1-8-68; Ord. No. 107, § 8, 7-29-74) Sec. 20448. Off-street parking regulations. All parking within R-CI Single -Family Dwell- ing Districts shall be off-street parking. (Ord. No. 44, § 44.27.16, 1-8-68; Ord. No. 107, § 9, 7-29-74) Secs. 20-149-20-160. Reserved. DIVISION 4. R-lAAAND R-lA ONE -FAMILY DWELLING DISTRICTS Sec. 20-161. Designation. The lands included within R-lAA and R-lA One -Family Dwelling Districts are developed pre- dominantly as single-family dwellings on lots of generous areas. The zone districts are designed to preserve and protect the characteristics of single- family use. (Ord. No. 44, § 44.28, 1-8-68) Sec. 20-162. Uses permitted. Within any R-lAA and R-lA Single -Family Dwelling District, no building, structure, land or water shall be used except for the following use: (1) Single-family dwellings and their custom- ary accessory uses. 1-8-68) Sec. 20-163. Conditional uses. (a) There shall be no conditional use within R-lAA and R-lA One -Family Dwelling Districts except the following: (1) One (1) accessory dwelling unit ancillary to the principal dwelling, subject to the criteria set forth in section 6-85; (2) Churches with their attendant educa- tional buildings and recreational facili- ties; (3) Public utility and service structures; (4) Schools; (5) Public recreational areas and facilities; (6) Stadiums, independently or in conjunc- tion with existing school facilities, pro- vided the seating capacity shall not ex- ceed the student enrollment of the school Supp. No. 16 1327 WINTER SPRINGS CODE to be served plus ten (10) percent, and provided there shall be no lights or night use. (b) Any review of an application or plan shall consider the character of the neighborhood in which the proposed use is to be located and its effects on the value of surrounding lands, and further, the area of the site as it relates particu- larly to the required open spaces and off-street parking facilities. (c) Any conditional use that may be granted is limited to the use and intensity shown in the application and plans submitted, and application must receive approval in the same manner as the original application. (d) Applicants for a conditional use for the location of a church in any residential zoning district shall furnish the planning and zoning board with the following information and shall provide, the. inininliini sctba.cks, off-street parking and sidewalks as set forth herein, as follows: (1) Setbacks, minimum. a. Front yard minimum of twenty-five (25) feet in R-lASmgle-Fam, ly Dwell- ing Districts and thirty-five (35) feet in R-IAASingle-Family Dwelling Dis- tricts, from property line; arterial streets to be treated individually. b. Back yard minimum of twenty-five (25) feet. (2) Off-street parking. a. Provide one (1) parking space for each eight (8) seats in chapel and nave, plus one (1) parking space for each church official resident on the premises, plus additional parking spaces equal in number to fifty (50) percent of the number of permanent employees. b. Space for one (1) car equals ten (10) feet by twenty (20) feet or two hun- dred (200) square feet plus ingress and egress to a public roadway. c. Parking area may not occupy any of the front yard setback. d. If sufficient parking area is not avail- able on church lot, parking may be provided within three hundred (300) feet either through ownership or lease but must be zoned or approved for such use. (3) Sidewalks. a. Sidewalks shall be installed by the church on all streets abutting the church building and such sidewalks shall also be installed bordering park- ing areas serving new or additional church facilities. (e) All applications shall contain complete de- R(':1'inflnns of nmr PagePn-1PY!}� rn TPA}?+irtion- affeCf ing the title to the proposed church site which may be inconsistent with the proposed use. (Ord. No. 44, § 44.30, 1-8-68; Ord. No. 240, § 5, 5-26-81; Ord. No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-10; Ord, No. 2010-08, § 5, 10-25-10) Sec. 20-164. Building height regulations. In R-lAA and R-lA One -Family Dwelling tricts, no building or structure shall exceed thirty- five (35) feet in height, unless otherwise provided herein, except that boathouses on the lake front- ages shall not exceed twelve (12) feet in height above the high waterline; roof decks may be used as sun decks. (Ord. No. 44, § 44.31, 1-8-68; Ord. No. 570, § I, 10-24-94) Sec. 20-165. Building area regulations. The principal single-family dwelling shall be located on a lot or parcel of land having an area of not less than ten thousand (10,000) square feet in an R-1AA Single -Family Dwelling District and eight thousand (8,000) square feet in an R-lA Single -Family Dwelling District and such lots or parcels of land shall have a minimum width of ninety (90) feet and seventy-five (75) feet, respec- tively, at the building line. (Ord. No. 44, § 44.32, 1-8-68; Ord. No. 414, § II, 3-28-88; Ord. No. 2010-08, § 5, 10-25-10) Supp. No. 16 1328 ZONING § 20-183 Sec. 20466. Front, rear and side yard regu- Sec. 20468. Use, area and yard exceptions. lations. Section 9-276 et seq. as to use, area and yard The following yard regulations shall apply in exceptions in R-1AA and R-lA One -Family Dwell - the R-1AA and R-IA One -Family Dwelling Dis- ing Districts shall apply. tricts: (Ord. No. 44, § 44.35, 1-8-68) (1) Front yard. Front yards shall not be less than thirty-five (35) feet in depth in the Sec. 20469. Off-street parking regulations. R-IAA Single -Family Dwelling Districts and twenty-five (25) feet in depth in the Section 9-276 et seq. as to off-street parking R-lA Single -Family Dwelling Districts. regulations in R-1AA and R-lA One -Family Dwell- (-) Rear yard. Rear yards shall not be less ing Districts shall apply. than thirty-five (35) feet in depth in the (Ord. No. 44, § 44.36, 1-8-68) R4AA Single -Family Dwelling Districts and twenty-five (25) feet in depth in R-lA Secs. 20470-20480. Reserved. Single -Family Dwelling Districts. (3) Side yards. Side yards shall be provided DIVISION 5. R-1 ONE -FAMILY DWELLING on each side of every dwelling structure of DISTRICTS not less than seven and one-half W/z) feet in R-1A Single -Family Dwelling Districts, and ten (10) feet in R4AA, including Sec. 20481. In general. utility easements. Although the lands included in R-1 One- (4) Corner lots. On corner lots, the front line Family Dwelling Districts are subdivided gener- setback of twenty-five (25) feet or more ally into lots of small dimensions and area, they must be maintained, but a fifteen -foot have developed predominantly as single-family, sideline setback will be permitted on the medium density areas. street sideline, provided the corner lot (Ord. No. 44, § 44.37, 1-8-68) faces the same way as all other lots in the block. If the building faces the long dimen- Sec. 20482. Uses permitted. sion of the lot, or where corner lots face a different thoroughfare than other lots in Within any R-1 One -Family Dwelling District, the block, the twenty -five-foot or greater no building or structure, land or water shall be setback must be maintained from both used except for one (1) or more of the following thoroughfares. uses. (5) Setbacks. The existing platted R-1AA lots have a side setback of ten (10) feet rather (1) Any use permitted in R-1AA and R-1A Single -Family Dwelling Districts. than twenty (20) feet. (Ord. No. 44, § 44.33, 1-8-68; Ord. No. 414, § lII, (2) Home occupations. 3-28-88) (Ord. No. 44, § 44.38, 1-8-68) Sec. 20467. Lot coverage. Sec. 20-183. Conditional uses. Forty (40) percent of the lot area is the maxi- mum which may be covered by the principal and Conditional uses in R-1 One -Family Dwelling accessory buildings or structures located thereon Districts are the same as for R-1AA and R-1A in R-1AA and R-lA One -Family Dwelling Dis- Single -Family Dwelling Districts. tricts. (Ord. No. 44, § 44.39, 1-8-68; Ord. No. 240, § 6, (Ord. No. 44, § 44.34, 1-8-68) 5-26-81; Ord. No. 2004-49, § 2, 12-13-04) Supp. No. 16 1329 § 20-184 WINTER SPRINGS CODE Sec. 20484. Building height regulations. Sec. 20-189. Off-street parking regulations. Building height regulations in R-1 One -Family Dwelling Districts are the same as in the R-MA and R-lA Single -Family Dwelling Districts. (Ord. No. 44, § 44.40, 1-8-68) Sec. 20-185. Building site area regulations. In R-1 One -Family Dwelling Districts, each family (single) dwelling shall be located on a lot or parcel of land having an area of not less than six thousand six hundred (6,600) square feet and a width of not less than sixty (60) feet. (Ord. No. 44, § 44.41, 1-8-68) Sea 20-186. ��ront, rear and side yard regu- lations. In R-1 One -Family Dwelling Districts: (1) Front yard. There shall be a front yard of not less than twenty-five (25) feet. (2) Rear yard. A rear yard shall not be less than twenty-five (25) feet in depth. (3) Side yard. Side yards shall be provided on each side of every dwelling of not less than six (6) feet. (4) Corner lots. Same as for R-lAA and R-1A Single -Family Dwelling Districts. (Ord. No. 44, § 44A2, 1-8-68) Sec. 20-187. Lot coverage. In R-1 One -Family Dwelling Districts, forty (40) percent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located thereon. (Ord. No. 44, § 44A3, 1-8-68) Sec. 20488. Use, area and yard exceptions. Section 9-276 et seq, as to use, area and yard exceptions in R-1 One -Family Dwelling Districts shall apply. (Ord. No. 44, § 44.44, 1-8-68) Section 9-276 et seq. as to off-street parking regulations in R-1 One -Family Dwelling Districts shall apply. (Ord. No. 44, § 44.45, 1-8-68) Secs. 20-190-20-205. Reserved. DIVISION 6. R-3 MULTIPLE -FAMILY DWELLING DISTRICTS Sec. 20-206. Designation. The lands included within the R-3 Multiple - Family Dwelling Districts shall be developed pre - Supp. No. 16 1330 ZONING e. Vintage, classic or other vehicles which are awaiting or undergoing restoration provided that the resto- ration work is not performed on the property, the vehicle is fully in tact, and the vehicle is not stored for a period of more than one (1) year. £ Service vehicles and equipment which are necessary for the operation and maintenance of the uses expressly authorized on the property by City Code. g. Construction vehicles and equip- ment stored on a trailer, provided the construction vehicle and equip- ment do not violate the express pro- hibitions in subsection (3). h. No more than six (6) spaces shall be allowed for dump trucks and dump truck trailer units designed with spin- dle hitch type attachment compo- nents, loaded or unloaded, attached together or unattached, in any of the six (6) spaces. No more than one (1) attached or unattached unit shall be allowed in any one (1) space. i. Unlimited dual wheel single axle truck trailer units not exceeding twenty-six thousand (26,000) gross vehicle weight (G.V.W.). (3) Unless otherwise expressly authorized in subsection (2), the storage of all other vehicles and equipment shall be prohib- ited. Without limiting the aforementioned prohibition, the storage of the following vehicles are expressly prohibited: a. More than twelve (12) over the road semi tractor/trailer units as described in subsection 2.b. b. Any vehicle that exceeds thirteen anA one-half (131/z) feet in height, inclusive of any equipment, vehicles, cargo, or materials stored on top of the vehicle. c. Any vehicle requiring a special per- mit from the Florida Department of Transportation. § 20-2Do d. Any wrecked vehicles, vehicles being stripped for parts, or vehicles await- ing salvage or recycling. e. Any vehicle functionally inoperable other than vehicles in the process of being restored as provided herein. f. Except as provided herein, heavy construction vehicles and equipment including, but not limited to, dump trucks, motor graders, bulldozers, front end loaders, cranes, derricks, and other earth and material exca- vating, hauling, grading, and lifting equipment over twenty-six (26,000) pounds of gross weight. g. More than six (6) dump truck/trailer units as described in subsection 2.h. (4) Bulk storage of flammable/hazardous ma- terials shall be prohibited. (5) Warehouse buildings used in conjunction with the use authorized under section 20-252(34) may be constructed up to the railroad right -of --way boundary provided said construction is permitted by the rail- road company. (6) On -site light, minor maintenance and cleaning of any vehicle permitted by this division is allowed. However, the follow- ing shall be strictly prohibited: refueling, oil and engine fluid changes, major resto- ration, part salvage, major part replace- ment, engine repair, transmission repair, body repair, and other heavy and major repairs. (7) Indoor and outdoor storage facilities for vehicles permitted under this division shall be open to the general public for a space rental fee. (8) Storage of junk is strictly prohibited. (9) Vehicles permitted under this division shall not be used as living quarters. (10) Not more than a total of five (5) cargo or shipping containers shall be stored at any one time on the property. Supp. No. 16 1335 WINTER SPRINGS CODE (11) Cargo transfer operations are strictly pro- hibited except to transfer goods and ma- terials to and from a warehouse building authorized under this division. (12) Trucking terminal operations are strictly prohibited except to transfer goods and materials to and from a warehouse build- ing authorized under this division. (13) Twenty -four-hour security personnel and/or security equipment shall be provided to provide reasonable 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 ho nGPd no, a rentf• li�nrl parking facility or staging area for con- struction vehicles and equipment. (15) Parking surfaces on the property shall be improved to meet City pay nlg and d ain- age codes. However, RAY 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 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 '"Editor's note —Ord. No. 2002-07, § 1, adopted July 8, 2002, added a new zoning district designated as Div. 12, §§ 20-320-20-262. In order to avoid conflicts in the number- ing of provisions, the editor has redesignated the provisions added by § 1 of Ord. No. 2002-07 as Div. 8.5, as herein set out, residential uses. The purpose of this district is to encourage and develop exceptionally clean, non - objectionable industrial uses and to allow a place for other uses and activities which could cause adverse secondary effects and influences on sur- rounding neighborhoods if located elsewhere. It is also the intent of this district to protect adjacent parcels from encroachment of smoke, fumes, 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. government. Areas of the city for which this zoning category may be appropriate are designated on the future land use map as "industrial." (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-259. Uses permitted. Within the I -I 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- 3454 of the "Commerce Center" District; (2) Any permitted use listed in Section 20- 346.1 ofthe "C-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; (7) Machinery sales and storage; (8) Outside storage of contractor's equipment and supplies; public storage of tagged vehicles, boats, RVs and commercial vehi- cles; fleet and dispatch yards; bulk stor- age; and other kinds of storage yards of non-flammable/non-hazardous materials associated with manufacturing (See sec- tion 20-263 below.); (9) Showrooms. Supp. No. 19 1336 ZONING (10) Secondary metal recyclers, recovered ma- terials recyclers, and similar recyclers of other non -hazardous recyclable materi- als; provided, however, the site containing the recycling facility satisfies each of the following conditions: a. The site must have and maintain in good standing a valid certificate of registration or license from the State of Florida, and must comply with any applicable local, state, and fed- eral regulations. b. The site must accept local individual customers who desire to recycle re- cyclable materials during normal business hours and in accordance with law. c. The site must be comprised of not less than ten (10) acres and not more than twenty (20) acres. d. The site must have railroad frontage for the transport of recyclable mate- rials. e. The site shall not be located within one thousand (1000) 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 processing facility or collection center, haz- ardous or special waste facility, or any similar type use. (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2010-03, § 2, 4-12-10) Sec. 20-261. Conditional uses. (1) Body piercing and tattoo shops; (2) Building floor area greater than 50,000 sq. (3) Halfway houses, g7•oup 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; (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. (3) Minimum lot width: Seventy-five (75) 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 side corner lot: Fifteen (15) ft. Sec. 20-260. Building height regulations. (8) The total impervious surface area shall not No building or structure shall exceed fifty (50) exceed seventy-five (75) percent of the total site. feet. (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, (Ord. No. 2002-07, § 2, 7-8-02) § 2, 7-12-04) supp. No. 16 1336.1 § 20-263 WINTER SPRINGS CODI; 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 r_ Irn (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 except for one (1) or more of the following 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 Ulu p1U11110111g 1116pecuol', attesting that the lot upon which the dwelling structure is to be erected, has a satisfactory minimum standard of improvements; (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 products which are produced on the prem- ises, 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, 4-2640) 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 tional buildings ties; their attendant educa- and recreational facili- (2) Public utilities and public service struc- tures; Supp. No. 16 1336.2 ZONING (3) Commercial amusement enterprises oper- ated entirely for private profit; (4) Government service faces. (Ord. No. 44, § 44.58, 1-8-68; Ord. No. 240, § 9, 5-26-81; Ord. No. 2004-49, § 2, 12-13-04) Sec. 20-269. Building height regulations. In R-U Rural Urban Dwelling Districts no building or structure shall exceed thirty-five (35) feet in height, unless otherwise provided for herein, except boathouses on lake fi ontages shall not exceed twelve (12) feet in height above the high waterline; roof decks may be used as sun decks. (Ord. No. 44, § 44.5% 1-8-68) Sec. 20-270. Building site area regulations. Every lot or tract of land used for any of the permitted uses in R-U Rural Urban Dwelling Districts shall have an area of not less than one (1) acre, except that if a lot has less area than herein required and was of record at the time of the passage of this section, that lot may be used for any of the uses permitted by this article in conformity with the yard and open space require- ments for this district. The lot or parcel of land shall have a minimum width of one hundred fifty (150) feet at the building line. (Ord. No. 44, § 44.60, 1-8-68) Sec. 20-271. Front, rear and side yard re- quirements. (a) Front yard. Front yards shall not be less than thirty-five (35) feet in depth in the R-U Rural Urban Dwelling Districts, this depth to be measured from the street, road or highway line to the front of the building. (b) Rear yard. Rear yards shall not be less than fifty (50) feet in depth in the R-U Rural Urban Dwelling Districts. (c) Side yards. Side yards shall be provided on each side of every principal structure of not less than fifteen (15) feet or ten (10) percent of the width of the lot, whichever is greater, but such side yard need not exceed twenty-five (25) feet. (d) Corner lots. On corner lots, the front line setback of thirty-five (35) feet or more must be maintained but a fifteen -foot sideline setback will § 20-292 be permitted on the street sideline, provided the corner lot faces the same way as all other lots in the block. If the building faces the long dimension of the lot or where the corner lots face a different thoroughfare than other lots in the block, the thirty -five-foot or greater setback must be main- tained fi•om both thoroughfares. (Ord. No. 44, § 44.61, 1-8-68) Sec. 20-272. Lot coverage. In R-U Rural Urban Dwelling Districts, forty (40) percent of the lot area is the maximum which may be covered by the principal and accessory buiWings or structures located thereon. (Ord. No. 44, § 44.62, 1-8-68) Sec. 20-273. Off-street parking regulations. Section 9-276 et seq. as to off=street parking regulations in R-U Rural Urban Dwelling Dis- tricts shall apply. (Ord. No. 44, § 44.63, 1-8-68) Secs. 20-274-20-290. Reserved. DIVISION 10. T-1 TRAILER HOME DISTRICTS Sec. 20-291. Description of district. The T-1 Trailer Home District is composed of certain limited areas where it is proposed that trailer owners may establish homes on their own property. (Ord. No. 44, § 44.64, 1-8-68) Sec. 20-292. Uses permitted. Within any T-1 Trailer Home District the fol- lowing uses shall be permitted: (1) Parking of one (1) trailer on a lot owned by the owner of the trailer occupying such lot. (2) Such accessory facilities as are customar- ily utilized by trailer dwellers. These shall include accessory storage buildings, car- ports, porches, cabanas and supplemental structures housing additional living quar- ters which are adjacent to and made a part of the trailer. Supp. No. 16 1336.3 WINTER SPRINGS COD-; (3) No house shall be constructed in a trailer home district unless it conforms to the requirements of an R-IA District in all respects. (Ord. No. 44, § 44.652 1-8-68) Sec. 20-293. Permits. A permit to park a trailer in a T-1 Tr ailer Home District shall be issued for a fee to be established by resolution of the city commission, and shall be issued subject to inspection by the building in- spector. Any supplemental structure shall be treated as for residential uses and shall be subject to permit fees and inspection. (Ord. No. 44, § 44.66, 1-8-68; Ord. No. 174, § 7, 9-15-78) Sec. 20-294. Uses permitted. Any use permitted in an R-IA District shall be permitted in the T-1 Trailer Home District. (Ord. T_`To. 44) § 14,067, 1-8 68) Sec. 20-295. Building site area r egulations. No trailer shall be located on a lot within the T-1 Trailer Home District less than seven thou- sand seven hundred (7,700) square feet and a width of not less than seventy (70) feet measured at the building line. (Ord. No. 44, § 44.68, 1-8-68) Sec. 20-296. Minimum fi ont, rear and side yard regulations. The minimum setback requirements in the T-1 Trailer Home District shall be the same as in R-IA residential zoned areas. (Ord. No. 44, § 44.69, 1-8-68) Sec. 20-297. Special requirements. All T-1 Trailer Home Districts shall have cen- tral water and sewerage systems which shall be constructed in accordance with the requirements Supp. No. 16 1336.4 ZONING are not included in the above limitation of area, if the dimensions of the mobile home site are ade- quate to meet setback requirements. (d) All portable or demountable awnings, roofs or appurtenances which do not meet the require- ments of (c) above shall be dismantled and stored either within the mobile home or in some perma- nent building during the following circumstances: (1) Within one (1) hour after all hurricane alerts by the U.S. Weather Bureau. (2) If the mobile home is not to be occupied for a period of thirty (30) days or more. The manager of the trailer park shall be notified and arrangements made to take care of the above items. (e) Provisions shall be made for the semi- weekly removal of all garbage, trash and refuse from the mobile home park. (f) The number of occupants of a trailer and its porch or additions shall be limited to the sleeping accommodations for which the trailer was de- signed. (g) A permit to park a trailer within the city shall be issued upon a fee to be established by resolution of the city commission, and after in- spection by the building inspector. (h) All electrical connections to a mobile home placed within the city shall require an electrical inspection by the building inspector. The electri- cal inspection permit shall be issued by the build- ing inspector upon payment of a permit fee estab- lished by resolution of the city commission. (Ord. No. 44, § 44.70.92 1-8-68; Ord. No. 51, § 10, 8-3-70; Ord. No. 91, §§ 2-4, 10-3-73; Ord. No. 174, § 9, 9-15-78) DIVISION 12. TOWN CENTER DISTRICT CODE Sec. 20-320. Intent. (a) The City of Winter Springs seeks to create a town center based upon traditional standards for city building. In February, 1998 the City of Winter Springs created a plan for the town center through a design session involving the commu- nity and a team of design professionals. This division is based on that plan. Traditional urban design conventions have been applied to create a palette of squares, parks, and street types that form the framework for the town center. These conventions are derived from a number of sources in planning literature. Where approvals, interpre- tations and judgements are left to the discretion of city officials, these officials shall use the follow- ing texts for guidance as to best practices: Civic Art, by Hegemann and Peets; Great Streets, by Allan B. Jacobs; The New Urbanism: Toward an Architecture of Community, by Peter Katz; AIA Graphic Standards, 9th Edition; The Lexicon of the New Urbanism, by Duany et al, Congress for the New Urbanism; Shared Parking, by Barton-Aschman Associates, The Urban Land Institute (b) This division repeals the Town Center Over - Zoning District Regulations of June 9, 1997 (Ordinance No. 661) and September 8, 1997 (On dinance No. 676). Should any conflict arise be- tween the provisions of this division and other local land development regulations for the City of Winter Springs, the provisions of this division shall apply. To the extent that this division is silent where other codes govern, they shall apply. (c) How To Use this division: (1) Determine whether your use is permitted in the Town Center. (2) Review the general provisions which ap- ply throughout the district. (3) Determine which street type your lot fronts. (If you have a corner lot, you must deter- mine the primary space or street based on the hierarchy in section 20-325.) (4) Next, review section 20-325 for provisions about the street type, square, or park that corresponds to the lot. (5) Finally, review the building elements and architectural guidelines which contain spe- cific rules for buildings. (Ord. No. 707, § 1(Exh. A), 6-12-00) Supp. No. 16 1341 § 20-320 WINTER SPRINGS CODE Town Center District Sec. 20-321. Administration. (a) Interpretation of the standards. Interpreta- tion of the standards in this division shall be the responsibility of the city's development review committee (DRC). Unless otherwise authorized by resolution of the city commission, the city commission shall serve as the development re- view committee under this division. The "In Our Generation" illustrative buildout drawing in sec- tion 20-325 of this division and on page 6 in the adopted master plan shall serve as guidance to the development review committee with regard to the city's intent for land development in the Town Center. The images contained in this division are meant to demonstrate the character intended for the Town Center, but are for illustrative purposes only. The accompanying text and numbers are rules that govern permitted development. (b) Review process. (1) Applications are subject to final review and approval by the development review committee. Prior to final review and ap- proval by the development review commit- tee, all new applications, and proposed substantial amendments to previously ap- proved applications, shall be reviewed by the planning and zoning board for pur- poses of issuing an advisory recommenda- Supp. No. 19 1342 ZONING § 20-321 tion to the development review commit- (c) Special exceptions: tee. The committee shall have authority within reason for approving all aspects of (1) The city commission may by special ex - site planning and exterior architecture, ception waive strict compliance with pro - including aesthetic appropriateness, envi- visions of this Code. In granting a special ronmental implications, traffic impacts, exception, the city commission must find and any other site -specific matters not by substantial competent evidence that: delineated herein. a. The proposed development contrib- utes to, promotes and encourages (2) Optional preliminary review: Applicants the improvement of the Winter may, at their option, submit designs in Springs Town Center and catalyzes schematic or sketch form to the develop- other development as envisioned in ment review committee for preliminary the Winter Springs Town Center reg- approval, subject to further review. ulations. (3) Applicants shall submit the following items b. The proposed development will not to the land development division of the have an unfavorable effect on the department of community development economy of the Winter Springs Town for review: Center. a. A current site survey, no more than c. The proposed development abides by one (1) year old. all rules in this code other than b. A current tree survey, no more than those specially excepted. Special lim- one (1) year old. itations apply to large footprint build - co A site plan, drawn to scale, which ings (greater than twenty thousand shall indicate: (20,000) square feet); see subsection 30-324(12) for these limitations. 1. Building locations and orienta- tions, and landscape areas; d. The proposed development meets any reasonable additional conditions, re- 2. Parking locations and number strictions or limitations deemed nec- of spaces; essary by the city commission in 3. Paved surfaces, materials and order to preserve and promote the location(s); intent of the Winter Springs Town 4. Site location diagram and legal Center Master Plan. description; and (2) Procedure for special exceptions: 5. Signage. a. Approval may be granted only after d. Building elevations illustrating all a minimum of two (2) discretionary sides of structures facing public reviews. The first review shall be streets or spaces. before the planning and zoning board, at which time the planning and zon- e. Aparking analysis justifying the pro- ing board shall review the project posed parking solution (such as and provide to the city commission Shared Parking, by Barton Aschman an advisory recommendation regard - Associates, The Urban Land Insti- tute). ing approval, approval with condi- tions, or disapproval. The second re- f. Other reasonable supporting docu- view shall be a public hearing held ments to indicate intentions and/or before the city commission and shall any other items reasonably required be held no sooner than seven (7) by the development review commit- calendar days following the plan - tee. ning and zoning board hearing. Supp. No. 16 1342.1 WINTER SPRINGS CODE b. Requests for special exceptions un- der this division shall include each exhibit required in the administra- tion review process per subsection 20-321(b). In addition, the city com- mission may within reason require additional exhibits and may defer approval of the special exception ap- plication or schedule an additional public hearing or hearings to review those exhibits. c. Special exceptions shall not be un- reasonably withheld, but the city commission shall have authority to require that the applicant satisfy any additional conditions it deems necessary to fiffill goals of the mas- ter plan, including reasonable offsite improvements directly related and proportionate to the specific impact of the request, or further review(s) and approval by the development review committee. (3) The city commission may grant the ap- proval of an application for special excep- tions from the code in whole or in part upon a majority vote of its members. (d) Site development agreement option: The city may enter into a site development agreement with the user or developer of a property, relating to development of a particular parcel or tract of land, and such an agreement may address such issues as impact fee credits; a specialized or negotiated concept of design or site plan develop- ment authorized or sanctioned by this division; infrastructure service credits or public -private participation in funding, design or construction; or other incentives based upon strict compliance with requirements of this ordinance. The agree- ment will be mutually acceptable to all parties. Considerations for the city in deciding whether to participate in such an agreement will include compliance with the objectives and design criteria specified in this division; demonstration of a cost benefit to city and developer; consideration of development amenities provided by the developer. Such a site development agreement shall be ad- opted and be in conformance with the require- ments of the Florida Municipal Home Rule Pow- ers Act or Sections 163.3220 through 163.4243, Florida Statutes, as to effect, duration, public hring requi earements and other issues. (e) Comprehensive plan compliance required: All development of property subject to the Town Center zoning designation and these regulations shall be subject to the Comprehensive Plan of the City of Winter Springs, Florida, and all approvals and land development permits shall be in compli- ance with the comprehensive plan. An amend- ment to the comprehensive plan has been pro- posed and is currently being processed by the city. This amendment is proposed to increase densities for the area affected by these Town Center regu- lations; however, until this amendment to the comprehensive plan is approved and adopted in accordance with state law, the city cannot law- fully assure any owner or user of any affected property densities and land uses not currently allowed or permitted by the city's comprehensive pl^n. (Ord. No. 707, § 1(Exh. A), 6-12-00; Ord. No. 2010-21, § 2, 9-1340) Sec. 20-322. Definitions. [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Accessory strzcctzzre: A building or structure subordinate to the principal building and used for purposes customarily incidental to the main or principal building and located on the same lot or set of attached lots therewith. Alley: A publicly or privately owned secondary way which affords access to the side or rear of abutting property. Appurtenances: Architectural features not used for human occupancy consisting of: spires, bel- fries, cupolas or dormers; silos; parapet walls, and cornices without windows; chimneys, ventilators, skylights, and antennas. Awning: An architectural projection roofed with flexible material supported entirely from the ex- terior wall of a building. Supp. No. 16 1342.2 ZONING Balcony: A porch connected to a building on upper stories supported by either a cantilever or brackets. Block: An increment of land composed of an aggregate of lots, tracts and alleys circumscribed by thoroughfares. Build -to -line: A line parallel to the property line, along which a building shall be built. Exact location of build -to -lines shall be established by the DRC at the time of application. Building frontage: The vertical side of a build- ing which faces the primary space or street and is built to the build -to -line. Supp. No. 16 1342.2.1 § 2V-322 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 1342.2.2 ZONING Automotive accessory sales Bed and breakfast inn Bicycles sales and service Bookstores, newstands Cleaners Community, regional and sub -regional shop- ping centers Computers, hardware, software sales and ser- vice Convention center Convenience store without gas pumps Daycare Nurseries Drug store Electronic equipment sales and service Financial institutions Florist Government service facilities Hardware store Hotel, motel Medical clinics Medical laboratories Medical supplies and rentals Neighborhood convenience stores Offices —(general) Offices —(regulated professions) Parking garages Parks and recreation facilities Personal services Physical fitness and health clubs Private clubs and lodges Public utilities and service structures Residential —multifamily Restaurants Sidewalk cafes Theaters (e) Conditional uses in commercial areas: Be- fore aconditional use may be granted within the GreeneWay Interchange District, the develop- ment review committee must find that the use or uses are consistent with the general purpose and spirit of the district and with the public interest. Alcoholic beverage sales (package) Alcoholic beverage sales (on- premises consump- tion) Amusement enterprises Automobile and truck rental Automobile gasoline service station Automobile repair Child care facilities Drive-in restaurants Hospitals Mini -warehouses Nursing homes Schools (public or private) Any other retail store or business enterprise not listed that in the judgement of the development review committee is consis- tent with those included above, and fur- ther, that will be in harmony with the purpose and spirit of the GreeneWay In- terchange District. (f) Permitted accessory uses and structures: Accessory uses customarily associated with, dependent on, and incidental to the per- mitted principal uses. (g) Prohibited uses. Check cashing establishments (other than banks) Flea markets Funeral homes Pawn shops Strip centers All uses listed in section 20-252 in the C-2 General Commercial and Industrial Dis- trict of the City Code, except 20-252(1) uses permitted in the C-1 "Neighborhood Commercial District" (Ord. No. 725, 8-23-99) Sec. 20-331. Building hei ght. N o building shall exceed seventy-five (75) feet in height. (Ord. No. 725, 8-23-99) Sec. 2(-332. Setbacks. (a) No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: Bui,ldi.ngs Parking S.R. 434 25 feet 15 feet Collector Street 25 feet 15 feet Internal Street 15 feet 10 feet Side (a) 0 feet 5 feet Rear (a) 10 feet 5 feet (a) Unless abutting a residential area. See Section 20-491, Supp. No. 16 1342.37 WINTER SPRINGS CODE (b) The narrowest dimension of a lot adjoining a road right-of-way shall determine its fi•ont for the purpose of establishing yard requirements. (c) On corner lots the front yard shall be considered as abutting the street upon which the lot has its least dimension. The rear lot, in this case, shall be opposite the front yard. (d) The following structures are specifically excluded from the setback restrictions: (1) Steps and walks. (2) Landscaping and landscape berms. (3) Planters three (3) feet in height or less, or (4) Other improvements as niay be permitted under applicable regulations of the city. The planning and zoning board will consider any request for the placement of such other improve- ments within a setback, only after a development review committee review and recommendation. In determining whether to recommend city con- sent, the development review committee may consider, without limiting the scope of their re- view, the following: (i) the extent to which any hardship exists that would justify a variance from the normal setback requirements; (ii) the aesthet- ics of the proposed improvements and their visi- bility from common roads and adjacent proper- ties; (iii) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improvements. It is the owner's burden and responsibility to provide such infor- mation and documentation as may be requested by the development review committee in order to justify to the development review committee that the intrusion of additional improvements within the normal setbacks is beneficial to the corridor and will not adversely affect adjacent property owners. (Ord. No. 725, 8-23-99; Ord. No. 2010-09, § 2, 4-2640) Sec. 20-333. Land coverage. The overall site shall contain twenty-five (25) percent open space or recreation. Individual sites within a planned development may have more or less than twenty-five (25) percent open space. Stand alone single commercial or office sites may contain a minimum of fifteen (15) open space. Open space includes pervious surfaces, land- scaped or natural areas, recreation areas and stormwater retention/detention areas. Open space does not include designated conservation areas. (Ord. No. 725, 8-23-99) Sec. 20-334. Off-street parking and drive- way requirements. (a) Paved driveway and parking spaces: All driveways and parking spaces shall be paved with asphaltic concrete and/or concrete and shall be curbed. (b) Un-site parking: All parking areas shall be on -site and shall be adequate to serve all employ- ees, visitors and company vehicles. (c) Parking space size: Each off-street narking space shall be a minimum of two hundred (200) square feet, 10' x 20', in addition to space for access drives and aisles. The minimum width of each space shall be ten (10) feet. The two (2) foot area of paving at the end of each parking space may be omitted provided the area is landscaped with sod or another acceptable ground cover. The two -foot landscaped area shall not be counted toward any other greenspace requirement or set- back. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area re- quired. (d) Handicapped spaces: Handicapped spaces shall be provided and sized in accordance with 316.1955, 31691956) 316.1958) 320M43, 320M45, 320.0848 Florida Statutes. (e) Access drive avidth: Each access drive shall have a minimum width of twenty-four (24) feet. (f) Ntcnzber of access drives: If a site has less than two hundred (200) feet of frontage on a right-of-way, one (1) access drive shall be permit - unless there is a joint access drive, in which case two (2) may be permitted. If a site has more than two hundred (200) feet of frontage on a right-of-way, F.D.O.T permit guidelines (found in Supp. No. 16 1342.38 ZONING 1496-1 Florida Administrative Code) and restric- tions shall apply. § 20-334 Supp. No. 16 1342.38.1 § 2V-334 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 1342.38.2 ZONING development plan unless an amendment to the plan is approved in accordance with the provisions of this article. (4) One (1) accessory dwelling unit ancillary to the principal dwelling may be allowed by conditional use, unless prohibited by the declarations, covenants, conditions and restrictions of the homeowner's associa- tion. (Ord. No. 367, § 1, Art. XIV, Part A, § 44.850107 5-11-87; Ord. No. 2010-08, § 5, 10-25-10) Sec. 20-361. Time restrictions on approval. (a) After the applicant has submitted a final development plan for all or a part of the planned unit development within twelve (12) months of the date of the city commission approval of any final development plan, the applicant, owner or developer shall commence substantial develop- ment according to the final development plan. For the purpose of this section, "substantial develop- ment" shall be defined as follows: (1) Where ten (10) acres or less is included within the final development plan, one hundred (100) percent of all roads, utili- ties and drainage facilities plus more than forty (40) percent of all buildings must be completed. (2) Where the final development includes more than ten (10) acres but less than twenty- five (25) acres, eighty (80) percent of all roads, utilities and drainage facilities, plus thirty (30) percent of all buildings must be completed. (3) Where the final development plan in- cludes more than twenty-five (25) acres, but less than fifty (50) acres, sixty (60) percent of all roads, utilities and drainage facilities plus at least twenty (20) percent of all buildings must be completed. (4) Where the final development plan in- cludes more than fifty (50) acres, forty (40) percent of all roads, utilities and drainage facilities plus at least ten (10) percent of all buildings must be com- pleted. (5) The final development plan approval shall be declared null and void if substantial development, as specified above, has not begun within twelve (12) months from the date of city commission approval of the final development plan. A time extension of up to twelve (12) months may be granted, upon a showing of good cause, if requested by the applicant and approved by the city commission. The determination of good cause shall be in the sole and absolute discretion of the city commission. If after an extension of twelve (12) months here- under, substantial development has not been started, both the final and prelimi- nary development plan shall be automat- ically declared null and void. Provided, however, this shall not effect the zoning classification of plats recorded hereunder. A final development plan which has been declared null and void by the city commis- sion shall not fulfill the submittal require- ments delineated in item (1) of this sec- tion. (6) Any zoning classification which has been rezoned pursuant to a preliminary or fi- nal development plan under this division, which plan subsequently is declared null and void shall not be effected because the underlying plan is declared null and void. The zoning classification of property re- zoned pursuant to a final and/or prelimi- nary development plan shall retain the PUD zoning classification despite the fact that the original preliminary and/or final development plan may be declared null and void. (b) These time restrictions have been estab- lished to promote the orderly and progressive development of PUD districts and to protect the public interest. In accordance with this purpose anI intent, the planning and zoning board may recommend, and the city commission may ap- prove variances from the definition of substantial development provided that such variance and reasons for such requested action are presented, approved and recorded at a public hearing before the city commission. (Ord. No. 367, § 1, Art. XIV, Part A, § 44.85.11, 5-11-87) Supp. No. 19 1351 WINTER SPRINGS CODI; Sec. 20-362. Appeal, (a) A decision by the planning and zoning board may be appealed to the city commission. The city commission shall not, however, modify or reverse a decision of the planning and zoning board without first holding a public hearing on the appeal. (b) A decision of the city commission may be appealed to the appropriate circuit court of the state. (Ord. No. 367, § 1, Art. XIV, Part A, § 44.85.12, 5-11-87) Secs. 20-363-20-375. Reserved. ll1V1�lUiV 3. YAK'1' B. PLANNED UNIT DEVELOPMENT Sec. 20-376. Definitions. The following words, 4- used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Apartments. Multifamily dwelling units not to exceed three (3) stories in height and in which the occupants are not normally the owners. Apart- ments, may or may not, have units one above the other with several units sharing the same en- trance hall or court. Applicant. The legal or beneficial owner or developer of the land proposed to be included in a PUD or subdivision thereof. Common open space. An area of land or water or any combination thereof, within the area of a PUD which is designated and intended for the use and enjoyment of the residents of the PUD in common. Condonziniunz. Actual ownership of real prop- erty that is a combination of ownership in fee simple of the dwelling unit and an undivided ownership, in common with other purchasers, of the common elements in the structure including the land and its appurtenances. Condominium shall refer to any dwelling unit developed, con- structed and sold in the manner described above. Detaclzed single-family dwelling. A building with no party or lot line walls, designed to be occupied exclusively by one (1) family. Develo_v Any person firm, association, syndi- cate, partnership or corporation, or any combina- tion thereof, who is actually involved in the cre- ation and construction of a PUD, or subdivision A Final subdivision plan. The set of documents delineated in section 20-357 which serves as the specific development standard for the PUD area which it encompasses. The final subdivision plan may include all, or part of, the master plan. Floor• area ratio. The ratio of the number of square feet, or fractions thereof, of covered floor ui'%a iii a ydii.i�uidl i./11tLbC as b11C llU111Cl iWl', Met the number of every square foot of land area, within the same particular phase, exclusive of public or private streets. Dross acreage. The focal number of acres within the perimeter boundaries of a PUD, or subdivi- sion thereof. Gross residential acreage. The total number of acres available for the construction of residential buildings or structures. Land devoted to schools, utilities and water areas shall not be included. Landowner The legal or beneficial owner of all land proposed to be included in a PUD, or one having possessory rights of equal dignity. Lot line wall. A wall adjoining and parallel to the lot line used primarily by the party upon whose lot the wall is located. Muster plan. The set of documents delineated in this article which serves as a general develop- ment standard for the PUD district, or subdivi- sion, it covers. Multifamily dwelling. Buildings designed to be occupied by two (2) or more families living inde- pendently of one another. Net residential acreage. The total number of acres of land explicitly available for the construc- tion of residential buildings and structures. Land which is not suitable for the construction of resi- dential buildings or structures, or which is de- voted to schools, water areas, commercial land Sapp. No. 16 1352 ZONING uses, utilities, common open space shall not be § 20-376 Sapp. No. 16 1352.1 § 2V-376 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 1352.2 ZONING § 20-389 (2) Any uses not authorized by the final sub- (50) acres, sixty (60) percent of all roads, division plan must be approved in actor- utilities and drainage facilities plus at dance with the provisions of section 20- least twenty (20) percent of all buildings 3866 must be completed. (3) A building or structure that is totally or (4) Where the final subdivision plan includes substantially destroyed may be recon- structed only in compliance with the final fifty (50) acres or more, forty (40) percent subdivision plan unless an amendment to of all roads, utilities and drainage facili- the plan is approved in accordance with ties plus at least twenty (20) percent of all the provisions of this article. buildings must be completed. (4) One (1) accessory dwelling unit ancillary (c) The final subdivision plan approved and to the principal dwelling may be allowed final engineering plan approval shall be declared by conditional use, unless prohibited by null and void if substantial development, as spec - the declarations, covenants, conditions and ified above, has not been completed within twelve restrictions of the homeowners associa- tion. (12) months from the date of city commission (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.11, approval. 541-87; Ord. No. 2010-08, § 5, 10-25-10) (1) A time extension of up to twelve (12) months may be granted, upon a showing Sec. 20-388. Time restrictions on approval. of good cause, if requested by the appli- (a) A master plan shall become null and void if cant and approved by the city commis- ( final subdivision plan, for any subdivision of the sion. The determination of good cause PUD, is not submitted for approval within one (1) shall be in the sole and absolute discre- year of the date of the approval of the master tion of the city commission. plan. (2) If after an extension granted hereunder, (b) After the applicant has submitted a final substantial development has not been com- subdivision plan for all, or a part of the PUD, the pleted, both the master plan and the final applicant shall, within twelve (12) months of the subdivision plan shall be automatically date of the city commission approval, complete declared null and void, provided however substantial development in accordance with the final subdivision plan. For the purpose of this this shall not affect the zoning density of section, "substantial development" is defined as plats recorded thereunder. follows: (d) Any zoning density which has been as- (1) Where ten (10) acres, or less, are included signed pursuant to a master or final subdivision within the final subdivision plan, one hun- plan under this article, which plan subsequently dred (100) percent of all roads, utilities is declared null and void shall not be affected. and drainage facilities plus more than (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.12, forty (40) percent of all buildings must be 5-11-87) completed. (2) Where the final subdivision plan includes Sec. 20-389. Appeal. more than ten (10) acres but less than twenty-five (25) acres, eighty (80) percent (a) A decision by the planning and zoning of all roads, utilities and drainage facili- board may be appealed to the city commission. ties, plus thirty percent of all build- The city commission shall not modify or reverse a ings must be completed. decision of the planning and zoning board without (3) Where the final subdivision plan includes first holding an advertised public hearing on the twenty-five (25) acres, but less than fifty appeal. Supp. No. 16 1363 (b) A decision appealed to the state. (Ord. No. 367, § 5-11-87) WINTER SPRINGS CODE of the city commission may be appropriate circuit court of the 2, Art. XIV, Part B, § 44.85.13, Secs. 20-390-20-410. Reserved. ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 20-411. Trailers in residential areas. (a) No house trailers will be permitted in res- idential zone areas except for residentinl zones specifically providing for mobile homes. Except as provided in subparagraph (b), campers, camp trailers and boats and trailers will be permitted if kept in a garage, carport, rear yard or side yard not fronting any street, providing no one occupies them. (b) Campers, camp trailers and boats and trail- ers may be parked temporarily in the driveway of residential zone areas for a period of time not to exceed forty-eight (48) hours within any ten (10) consecutive day time period for the limited pur- poses of loading, unloading and general mainte- nance. For purposes of this section, "driveway" shall mean the private access area designed and approved for the parking of private vehicles. (Ord. No. 44, § 44.74, 1-8-68; Ord. No. 2001-06, § 2, 1-22-01) Sec. 20-412. Trailer uses. Trailers may be kept only in areas designated as trailer parks, except as designated in section 20-432. A temporary permit may be obtained from the city commission for use in commercial, rural and residential (areas). (Ord. No. 44, § 44.75, 1-8-68) Sec. 20413. Animals. No one shall keep the following animals in R-1, R-lA and R-lAA residential zone areas: Horses, cows, pigs, chickens, geese, goats or any other fowl or livestock, other than household pets. (Ord. No. 44, § 44.77) 1-8-68) Sec. 20-414. Exceptions. Horses and ponies may be permitted in R-lAA areas provided at least one (1) acre of land is available for each animal. (Ord. No. 44, § 44.78, 1-8-68) Sec. 20-415. Reserved. Editor's note —Former section 20-415 pertained to the number of dogs or cats sufficient to be considered a kennel a derived from Ord. No. 44, § 44.79, adopted Jan. 1, 1968, Sec. 20-416. Kennel zoning. Kennels will be allowed in C-2 commercial and R-U zoned areas. (Ord. No. 44, § 44.80, 1-8-68) Sec. 20-417. Residential wall buffers re- q�uired. Any developer or property owner proposing a commercial or multi -family development or rede- velopment 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 multifamily residential uses. If a wall is required internally within the Town Center, the wall re- quirement may be waived or varied by the devel- opment 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 Supp. No. 16 1364 ZONING also apply along the boundary of property that also constitutes the outer perimeter of the exist- ing area zoned Town Center. (Ord. No. 2000-07, § 2.B, 5-8-00) Supp. No. 16 1364.1 § 20-41 I WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 1364.2 ZONING a Permitted Sites for Telecommunications Towers Supp. No. I6 1373 WINTER SPRINGS CODE e. On the site of the proposed Fire existing on the subject property Station #3 which is to be lo. or installed to meet the require- cated on the south side of S.R. ments of this subsection, or they 434 in Tuscawilla Tract 15, Par- can be a combination of both. cel 3 (approximately 2,300 feet d. Property which has a future west of Vistawilla Drive). Said land use designation of tower, if approved, shall not Greeneway Interchange. exceed one hundred twenty (120) feet. All other locations shall be prohibited. Further. the construction of a tower for speculative pur- (iii) Tier Three. If an applicant presents poses shall be prohibited. For purposes of this to the city competent substantial ev- Code, it shall be deemed primae facie evidence idence which demonstrates that Tier that a tower is being built for speculative pur- One and Tier Two locations are not poses if the applicant can not provide with the available or technically feasible for application written evidence that one (1) or more the location of a tower, a telecommu- carriers have committed to locate on the proposed nication tower shall be considered a tower within three (3) months of the construction conditional use on the following nre- �,,w� �..,.._. r,.. ;, a _� ,, , , Vl (ll0 tuyvul IVl a pei—IJVU Vl at luabb 11VC ku) yealbe ferred sites. which are listed in order of preference. The preferred sites (e) Site plan; application; technical supporting shall be considered in the sequence data. listed below and the applicant shall (1) Any telecommunications company or en - be required to demonstrate, based tity that intends to install a telecommu- on technical feasibility, that a more nocations tower in the city shall file a site preferred site is not available or suit- plan for review and approval by the city in able before requesting a lessor pre- accordance with the City Code. All pro- ferred site: posed towers requiring conditional use a. Property which has a future approval shall be reviewed by the plan - land use designation of indus- ning and zoning board for compliance trial. with this section and other applicable b. Property which has a future provisions of the City Code. Upon review, land use designation of mixed the planning and zoning board shall make use and is part of a develop- a recommendation to the city commission ment of regional impact. of either approval, approval with condi- c. Densely wooded or concealed tions, or denial. areas limited to a golf course (2) All applications shall contain the informa- and areas of property which tion required by the city to process appli- have been designated conserva- cable building permits, aesthetic review tion by perpetual easement and pursuant to section 9-600 et seq. of the on the city's future land use City Code, site plan permits, and any map. If a new telecommunica- other required development permits. Ap- tion tower is placed within trees plications shall be processed within the or wooded areas, the tower shall time frames required by law. Additionally, be concealed by the surround- at a minimum, the following information ing trees or wooded areas to the shall also be provided by the applicant: maximum extent possible to a. Name, address, telephone number, minimize the visibility of the and original signatures of the appli- tower from any road, occupied cant and all co -applicants. building, and fairway if located b. Detailed description of the request. on a golf course. Trees can be Supp. No. 16 1374 ZONING use includes the storage, distribution, or sale of volatile, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals. This prohibition does not apply to emergency generators. (g) Co -location of communications antennas. The City of Winter Springs desires to minimize the number and general proliferation of commu- nication towers. This section is intended to insure that telecommunication towers that are permit- ted within the City of Winter Springs are utilized in a manner that provides for the maximum number of service providers upon each tower within the context of technical feasibility and safety. Further, this section is intended to minimize the number of such towers within the city. Specifi- cally, as a minimum, telecommunications towers exceeding one hundred (100) feet in height shall be engineered and constructed to accommodate three (3) communication providers. The city shall have the authority to require, specify and other- wise stipulate that telecommunication towers be engineered and constructed in a manner that provides for three (3) co -locations as part of the conditional use and/or site plan approval pro- cesses. As a condition of approval of all telecom- munication towers and to the extent that co - location is technically feasible, all owners of existing telecommunication towers shall, upon request of another service provider and for reasonable and agreed upon consideration, permit additional com- munication service providers upon such existing telecommunication tower. Applicants desiring to construct new telecommunication towers shall submit written documentation that clearly ex- plains the need for and reasons for the proposed construction of a new telecommunication tower rather than locating proposed antenna array/ communication equipment upon an existing tower. Such documentation shall include plans of exist- ing and future towers by the applicant/provider in question, correspondence with existing telecom- munication tower owners and may include a cost analysis of alternatives. Existing service provid- ers, e.g., existing telecommunication tower own- ers, that are unwilling, upon request of another service provider, to allow co -location upon such existing tower, shall submit written documenta- tion to the city with reasons and justification as to why such co -location cannot be accomplished. Competition between service providers shall not be considered to be a valid reason for preventing or otherwise obstructing co -location. The city shall determine whether the applicant and/or existing provider are reasonable and correct in their re- spective assertions. If the city determines that either party is being unreasonable or otherwise uncooperative, the city shall deny the applicant's request for a new tower and/or the city may cause the existing telecommunication tower's approval to be revoked and said existing tower to be re- moved. Such determination involving existing tower owners shall be made in writing and adopted by a majority vote of the city commission upon holding an advertised public hearing and notification of the owner at least fifteen (15) days prior to such hearing. Upon adoption of such determination by the city commission, the existing tower owner and the property upon which such tower is located shall be considered to be a violation of the city's Land Development Regulations and shall be sub- ject to any and all remedies and penalties thereof. To minimize adverse visual impacts associated with the proliferation and clustering of telecom- munications towers, co -location of communica- tions antennas by more than one (1) carrier on existing or new telecommunication towers shall take precedent over the construction of new single - telecommunications towers as follows: (1) Proposed communications antennas shall co -locate onto existing telecommunica- tions towers. (2) Type of construction. A telecommunica- tions tower which is reconstructed to ac- commodate the co -location of an addi- tional communications antenna shall be of a monopole tower type. Stealth -de- signed monopoles are encouraged. (3) Height. An existing telecommunications tower may be modified or rebuilt to the allowed height including antennas by com- pliance with this article; (4) Onsite-location. a. A Telecommunications tower which is being rebuilt to accommodate the Supp. No. 19 1379 WINTER SPRINGS CODE co -location of an additional commu- nications antenna may be moved onsite, but shall comply with or max- imize setback requirements fi•om res- identially zoned property. b. After a telecommunication tower is rebuilt to accommodate co -location, only one (1) tower shall remain on the site; (h) Certification of compliance with Federal Communications Commission (FCC) NIER Stan- dards. Prior to receiving final inspection by the Winter Springs Building Department, documented certification shall be submitted to the FCC, with copy to the land development coordinator, certify- ing that the telecommunications facility complies vvli,u air �uileii� r vv 1c�uraGlGua fur 11011-1u1llz1L1S�' electromagnetic radiation (NIER). (i) Abandonment. (1) In the event the use of any telecom7mani- cations tower has been discontinued for a period of one -hundred eighty (180) consec- utive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the building official who shall have the right to request documentation and/or affida- vits from the telecommunications tower owner/operator regarding the issue of tower usage. The telecommunications tower own- er/operator shall provide all requested information within ten (10) working days of a request being made, and failure to so provide shall be deemed to constitute one hundred eighty days (180) days of non-use of the tower. Upon such abandonment, the owner/operator of the tower shall have an additional ninety (90) days within which to: a. Reactivate the use of the tower or transfer the tower to another owner/ operator who makes actual use of the tower; or b. Dismantle and remove the tower. With regard to towers that received conditional use approval, ninety (90) days after dismantling or the expira- tion of the two -hundred seventy (270) day period as set forth in this sec- tion, the conditional use and/or vari- ance for the tower shall automati- cally expire. (2) The City of Winter Springs, upon aban- donment, and at its discretion, may as- sume ownership of the tower at no cost, or require the owner to dismantle the tower at the owner's expense. If the decision is to dismantle the tower, the property shall be cleared of all appurtenances and re- turned to its natural state. (3) An appropriate surety instrument to as- sure dismantling costs shall be provided by the owner prior to a tower construction permit. (Ord. No. 645, § 1, 7-14-97; Ord, No. 678, § 12 10-13-97; Ord. No. 200449, § 2, 12-13-04; Ord, No. 2006-12, § 2, 2-12-06; Ord, No. 2010-09, § 2, 4-26-10) Secs. 20-452-20-460. Reserved. ARTICLE VI. S.R. 434 CORRIDOR VISION PLAN'" DIVISION 1. S.R. 434 CORRIDOR OVERLAY DISTRICT Sec. 20-461. Intent. The purpose and intent of this specialized overlay zoning district is to encourage and 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 'Editor's note —Ord. No. 675, adopted Dec. 8, 1997, amended the Code by adding provisions designated as Art. VI, Divs. 1, 2, §§ 20-445-20-459. In order to reserve sections for future use, the editor has redesignated the provisions of Ord. No. 675 as herein set out. Supp. No. 16 1380 ZONING to create a unifying theme over time; protection of adjacent residential land uses; and maintenance of property values. (Ord. No. 675, 12-8-97) Sec. 20-462. Creation. In addition to, and supplemental to, other zoning and land development regulation require- ments heretofore and hereafter, the S.R. 434 Corridor Overlay District includes additional 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 roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. (Ord. No. 675, 12-8-97) Sec. 20-465. Setbacks. § 20-400 (a) No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: Buildings Parking S.R. 434 50 feet 15 feet Collector 35 feet 15 feet Street Internal 15 feet 15 feet Street Side 10 feet 5 feet Rear 10 feet 5 feet (b) The narrowest dimension of a lot adjoining a road right-of-way shall determine its front for the purpose of establishing yard requirements. (c) On corner lots, the front yard shall be considered as abutting the street upon which the lot has its least dimension. The rear lot, in this case, shall be opposite the front yard. (d) The following structures are specifically excluded from the setback restrictions: (1) Steps and walks: (2) Landscaping and landscape berms; (3) Planters three (3) feet in height or less; or (4) Other improvements as may be permitted under applicable regulations of the city. The planning and zoning board will consider any request for the placement of such other improve- ments within a setback, only after a design review board review and recommendation. In determin- ing whether to recommend city consent, the de- sign review board may consider, without limiting the scope of their review, the following: (i) the extent to which any hardship exists that would justify a variance from the normal setback require- ments; (ii) the aesthetics of the proposed improve- ments and their visibility from common roads and adjacent properties; (iii) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improvements. It is the owner's burden and responsibility to provide such information and documentation as may be re- quested by the design review board in order to justify to the design review board that the intru- Supp. No. 16 1380.1 § 2V_4UU WINTER SPRINGS CODE sion of additional improvements within the nor- mal setbacks is beneficial to the corridor and will not adversely affect adjacent property owners. (Ord. No. 675, 12-8-97; Ord. No. 2010-09, § 2, 4-26-10) Sec. 20-466. Land coverage. No parcel within the S. R. 434 Corridor Over- lay District shall have more than seventy-five (75) percent of its area impervious. In determining land coverage, a water body shall not be consid- ered an impervious surface. (Ord. No. 675, 12-8-97) Sec. 20-467. Off-street parking and drive- way requirements, (a) Paved driveway aazd parhing spaces: All driveways and parking spaces shall be paved with asphaltic concrete and/or concrete and shall be curbed. (b) On -site parking: All parking areas shall be on -site and shall be adequate to serve all employ- ees, visitors and company vehicles. (c) Rights -of -way: Parking is prohibited on rights -of --way or along driveways. (d) Parking space size: Each off-street parking space shall be a minimum of two hundred (200) square feet, 10' x 20', in addition to space for access drives and aisles. The minimum width of each space shall be ten (10) feet. The two -foot area of paving at the end of each parking space may be omitted provided the area is landscaped with sod or another acceptable ground cover. The two -foot landscaped area shall be counted toward any other green space requirement or setback. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required. (e) Handicapped spaces: Handicapped spaces shall be provided and sized in accordance with 316.1955 316.1956, 316.1958, 320M43, 320.0845, 320.0848 Florida Statutes. (f) Access drive width: Each access drive shall have a minimum width of twenty-four (24) feet. %) Number of access drives: If a site has less than two hundred (200) feet of frontage on a right -of --way, one (1) access drive shall be permit - unless there is a joint access drive, in which case two (2) may be permitted. If a site has more than two hundred (200) feet of frontage on a right-of-way, F.D.O.T permit guidelines (found in 1496-7 Florida Administrative Code) and restric- tions shall apply. (h) Turning radius: The minimum turning ra- dius shall be thirty (30) feet. (i) Coordinated joint acse: Coordinated joint use of parking areas during off-peak hours shall be encouraged to be incorporated into the design of projects to reduce the total number of required parking spaces. (j) Separation of vehicular and pedestrian sys- tems: Whenever practical, vehicular and pedes- trian circulation systems shall be separated, a system of 111"Iti purpose walL.ways connecting buildings, common open spaces, recreation areas, community facilities and parking areas shall be provided and adequately lighted for nighttime use. The intent is to create a pedestrian oriented system to connect all properties within the New Development Area Overlay Zoning District. (Ord. No. 675, 12-8-97) Sec. 20-468. Landscaping. The following landscape standards establish the minimum criteria for the development of the roadways, parking areas, and other features to ensure continuity in aesthetic values throughout the corridor. (1) All areas requiring landscaping shall meet or exceed the following general landscape requirements. Such landscaping require- ments are required for: a. That part of the site fronting a pub- lic or private right -of --way that is within the designated corridor. b. Around and within all off-street park- ing, loading and other vehicular use areas within each site. c. Along the outside of screening walls and fences. Supp. No. 16 1380.2 ZONING (1. Adjacent to buildings on the site to complement the architectural style. (2) All landscaping shall be installed accord- ing to accepted commercial planting pro- cedures. Fertile soil, free of lime rock, pebbles or other construction debris shall be used in all planting pits. (3) The owner of a site shall be responsible for all landscaping so as to present a neat, healthy and orderly appearance free of refuse and debris. Any dead or dying plant material, including sod, shall be promptly replaced or shall be treated to restore healthy growth to achieve a uni- form appearance. (4) All landscaped areas shall be adequately irrigated and reclaimed water shall be used where available, based on the follow- ing criteria: a. An automatic sprinkler irrigation sys- tem shall be provided for all land- scaped areas. b. The irrigation system shall be de- signed to provide full coverage of all landscaped areas and shall be equipped with rain sensors. c. The irrigation system shall be de- signed and operated to prevent or minimize run-off of irrigation water onto roadways, driveways, and adja- cent properties not under the control of the owner of the site. d. The irrigation system shall be main- tained so as to be in optimum work- ing order at all times. (5) All plant material shall meet or exceed standards for Florida No. 1 plants, as specified in Grades and Standards for Nursery Plants, Parts I and II, 1973 pub- lished by the State of Florida, Depart- ment of Agriculture and Consumer Ser- vices. Trees shall be selected from the Recommended Tree Pallet found at the end of these design standards [this arti- cle]. (6) The preservation and utilization of a site's natural trees and shrubbery is strongly § 20-400 encouraged. Existing vegetation shall be incorporated into the landscape concept for a site wherever practical. (7) Natural growth may be used to satisfy specific landscape requirements. Reloca- tion of onsite landscaping material is en- couraged. (8) When an access way intersects way, landscaping landscaping may be used to define the intersection provided, however, that all landscaping within the triangular area described below shall provide unobstructed cross -visibility at a level between two (2) feet and six (6) feet above finished grade. Pedestrian sidewalks shall be provided in the triangular area unless another safe crossing is provided. Landscaping, except grass and ground cover, shall not be lo- cated closer than three (3) feet from the edge of any access way pavement. The triangular area shall be defined as: a. The areas of the site on both sides of an access way which lie within a triangle formed by the intersection of each curb of the access way with the street right-of-way with two (2) sides of each triangle being ten (10) feet in length from the point of inter- section and the third side being a line connecting the ends of the two (2) other sides. b. The area of the site located at a corner formed by the intersection of two (2) or more streets with two (2) sides of the triangular area being measured thirty (30) feet in length along the right-of-way lines from their point of intersection; and the third being a line connecting the ends of the other two (2) lines. (9) All landscape plans and specifications shall be prepared by a landscape architect li- censed to practice in the State of Florida. (10) For office buildings, office parks and mixed - use developments, not less than twenty- five (25) percent of the overall site shall be planted with a combination of trees, shrubs and ground covers. For commercial sites Sapp. No. 16 1380.3 § 20-4Uo WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 16 1380.4 ZONING (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. 675, 12-8-97) Sec. 20-472. Corridor access management. (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 building 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 F.D.O.T. access classification system and standards). (2) A design speed of ten (10) mph and suffi- cient width to accommodate two-way travel 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 proper -ties 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. (c) Pursuant to this section, property owners 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 to city and pre-existing driveways will be closed and eliminated after construction of the joint -use driveway. (3) Record a joint maintenance agreement in the public records defining maintenance responsibilities of property owners. (d) The separation provided i provided met: city engineer ma; distance of access (f), where they 1 of the following ,� reduce required points, except as prove impractical, requirements are (1) Joint access driveways and cross access easements are provided where feasible in accordance with this section. (2) The site plan incorporates a unified ac- cess and circulation system in accordance with this section. (3) The property owner shall enter a written agreement with the city, recorded in the public records, that pre-existing connec- tions on the site will be closed and elimi- nated after construction of each side of the joint use driveway. (e) The Florida Department of Transportation (FOOT) has established minimum spacing require- ments for the GreeneWay (S.R. 417) Interchange Area. (Ord. No. 675, 12-8-97) Sec. 20-473. Building and screening design guidelines. (a) Projects shall use materials consistent with materials used in the area, acceptable materials include stucco, split -faced or decorative concrete block, reinforced concrete with tile, and brick and terra cotta accent material. Inappropriate mate- rials are river rock, unfinished timber (un- painted), shake roofs, reflective/mirror glass, and metal siding. Materials should be of high quality and well crafted. (b) Mechanical equipment and appurtenances, including but not limited to air conditioner units, ventilation equipment, refrigeration systems, heat - units, etc., must be screened so that they are not visible from any public right-of-way. The screen shall consist of a solid wall, facade, parapet or Sapp. No. 16 1387 WINTER SPRINGS CODE other similar screening material which is arcm- tecturally compatible and consistent with the associated building. Such screening material shall extend at least one (1) foot above the object to be screened. If landscaping is utilized, the plantings must be high enough within one (1) year of planting to provide a screen which will screen the entire unit. In the case of satellite dishes, they shall be screened from view from ground level of adjacent rights -of -way and properties by build- ings, dense landscaping or screen walls. The de- sign review board may permit dishes on buildings if no part of the dish is visible from the ground of surrounding properties. Setbacks for antennas and satellite dishes shall be the same as the building setbacks. ��� i�iL o�ulciSC �ii,da 9iaii ue s�ieCueu it'uut view from the right-of-way and from adjacent residential zoning districts. Screening enclosures may consist of any combination of landscaping and opaque building materials Tf building mate- rials are utilized, such material shall be consis- tent with the architectural design of the principal structures. (d) Side and rear elevations of buildings ble from a public street or adjacent property shall be designed in the same architectural style as the main facade. (e) All doors for service entrances or bays shall not face a public street unless they are screened to obscure service activities. (f) Outparcels shall conform to the architec- tural, signage, and landscape theme of the overall project and must share an internal access with the overall project. (g) Newspaper, magazine and other such vend- ing machines, ATM's, pay telephones, and tx•ash receptacles shall be encased in a structure that is architecturally compatible and consistent with the adjacent building and other site details and must meet building setbacks. (h) 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. (i) Buildings with multiple storefront entries are encouraged to incorporate overhangs in the design of front facades as appropriate to promote pedestrian activity. (j) Backflow preventers and other aboveground vaIves 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. (k) Drive-thru pick up windows shall not front on S.R. 434. (Ord. No. 675, 12-8-97; Ord. No. 200243, § 2, 5-13-02) 1-/�'V• :+'u"`�t �'t• YJ"G'WR:Y'1Yx1'YYY�iYYW CY�Y�rCYYYY;YYY.. Any developer may propose to enter into a development agreement with the city designed to set ford, 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 that 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 article are achieved. (Ord. No. 675, 12-8-97) Sec. 20-475. Reserved. Editor's note —Ord. No. 2003-43, § 2, adopted Jan. 26, 2001, repealed former section 20-475 in its entirety which pertained to the corridor design review board and derived from Ord. No. 675, adopted Dec. 8, 1997. Secs. 20-476-20-479. Reserved. Supp. No. 1s 1388 ZONING DIVISION 3. GENERAL DESIGN STANDARDS FOR REDEVELOPMENT AREA* Sec. 20-480. Applicability to redevelopment overlay zoning district. The following design standards shall apply to the Redevelopment Overlay Zoning District which includes all properties (involving the entire par- cel) lying within the corporate limits of the City of Winter Springs adjacent to the S.R. 434 right-of- way from U.S. 17/92 eastward to Hayes Road. (Ord. No. 683, 11-10-97) *Editor's note —Ord. No. 683, adopted Nov. 10, 1997, amended the Code by adding provisions designated as §§ 20- 460-20-471. In order to reserve sections for future use, the editor has redesignated the provisions of Ord. No. 683 as herein set out. Front: Sec. 20481. Building height. No building shall exceed thirty-five (35) 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 roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. (Ord. No. 683, 11-10-97) Sec. 20-482. Setbacks. (a) No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: Buildings Parking S.R. 434 25 feet 10 feet Collector street 25 feet 10 feet Internal street 15 feet 10 feet Side: 10 feet 5 feet Rear: 10 feet 5 feet (b) The narrowest dimension of a lot adjoining a road right -of --way shall determine its front for the purpose of establishing yard requirements. (c) All sides of a lot adjacent to streets shall be considered front yards. (d) The following structures are specifically excluded fiom the setback restrictions (1) Steps and walks; (2) Landscaping and landscape berms; (3) Planters three (3) feet in height or less or (4) Other improvements as may be permitted under applicable regulations of the city. The planning and zoning board will consider any request for the placement of such other improve- ments within a setback, only after a design review board review and recommendation. In determin- ing whether to recommend city consent, the de- sign review committee may consider, without iting the scope of their review, the following: (i) the extent to which any hardship exists that would justify a variance from the normal setback requirements; (ii) the aesthetics of the proposed improvements and their visibility from common roads and adjacent properties; (iii) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improve- ments. It is the owner's burden and responsibility to provide such information and documentation as may be requested by the design review board in order to justify to the design review board that the intrusion of additional improvements within the normal setbacks is beneficial to the corridor and will not adversely affect adjacent property owners. (Ord. No. 683, 11-10-97; Ord. No. 2010-09, § 2, 4-26-10) Supp. No. 19 1389 WINTER SPRINGS CODE Sec. 20483. OfF street parking and drive- way requirements. (a) Paved driveway and paz Izing spaces: All driveways and parking spaces shall be paved with asphaltic concrete and/or concrete and shall be curbed. (b) On -site parking: All parking areas shall be on -site and shall be adequate to serve all employ- ees, visitors and company vehicles. (c) Rights -of -way: Parking is prohibited on rights -of -way or along driveways. (d) Parking space size: Each off-street parking space shall be a minimum of two hundred (200) square feet, 10' x 20', in addition to space for access drives and aisles. The minimum width of cauh solace snail be be(10) feet. The two (G) foot area of paving at the end of each parking space may be omitted provided the area is landscaped with sod or another acceptable ground cover. The two -foot landscaped area shall not be counted toward any other green space requirement or setback. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area re- quired. Up to twenty-five (25) percent of the parking spaces may be nine (9) feet by twenty (20) feet to accommodate compact cars. [The next page is 1393] Supp. No. 16 1390 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 2006-02 5-22-06 2 2-118 2006-03 5-22-06 2 20-419 2006-11 9-11-06 2 9-10(c) 2006-12 2-12-06 2 20-451 2006-18 10-23-06 2 16-51-16-61, 16-76-16-79 Rpld 16-80-16-84, 16-86 Amd 16-87 Added 16-89-16-92 3 20-470 4 20-486 5 Rpld 20-337 2006-19 11-13-06 2 20-232(a)(81), 20- 234(1), 20-353(5), 20-379(5) 2006-20 11-27-06 2 9-501, 9-546-9-555, 2006-23 12-11-06 2 10-26-10-32 3 2-69.4(a) 4 5-4(e) 5 9-386.7(7), 9-504(c), 6 10-55, 10-68(b), 10-80(1), 10-81, 10-88(d), 10-91(1), 10-93, 10-115(c)(2), 10-136 7 19-174(c) 2007-08 4- 9-07 2 19-97 3 19-100 2007-12 6-11-07 2 2-1511 2-152 2007-13 4-23-07 2 19-2 2007-20 7- 9-07 2 20-208(c) 2007-21 7- 9-07 2 9-600, 9-607 2007-29 12-10-07 2 20-351,20-354 2007-30 12-10-07 2 30-323(a) 2007-31 12-10-07 2 17-27 2007-32 1- 4-08 2 8-1, 8-5, 8-32(1) 2008-01 3-24-08 1.01-1.04 18-151-18-154 2.01-2. l4 18-171-18-184 3.01-3.03 18-201-18-203 4.0114.02 18-211, 18-212 2008-05 6- 9-08 2 6-84 2008-06 6- 9-08 2 6-190 2008-07 4-14-08 2 6-300-6-302 2008-10 8-11-08 2 20-252,20-256 2008-13 8-25-08 2 6-190,20-263 2008-15 9-22-08 2 Rpld 7-1-7-5 Added 7-1 2008-16 9- 8-08 2 2-84 2008-27 10-27-08 2 12-80-12-96 2009-01 2-23-09 2 14-51 2009-02 8-10-09 2 20-438, 20-439 2009-03 7-13-09 2 16-51, 16-55(a)(6), 16-57(11), 16-60 3 20-470, 20-486 Sapp. No. 16 2101 WINTER SPRINGS CODI; Ordinance Section Number Date Section this Code 2009-04 4-13-09 2 6-86(6) 2009-07 7-27-09 2 20-432,20-434 2009-09 4-27-09 2 2-97 2009-11 7-27-07 2 12-71-12-77 2009-12 7-27=09 2 2-391.1, 2-391.5 2009-13 9-28-09 2 19-102 2009-14 8-10-09 2 2-93 2010-02 3- 8-10 2 20-211 2010-03 4-12-10 2 20-11 20-259 2010-04 3- 8-10 2 5-4, 5-9 2010-06 8-23-10 2 2-43, 2-44 2010-07 8-23-10 2 2-45, 2-46 2010-08 10-25-10 2 Amd 6-84 Added 6-85 Rnbd 6-85-6-87 as 6-86-6-88 3 Amd 9-391.2(g), 9-391.3(a)(1) 4 Amd 19-1623 19-164 5 Amd 20-1, 20-103, 20-123,20-125, 20-143, 20-145, 20-165, 20-360(b)(4), 20-387(b)(4) 2010-09 4-26-10 2 Amd 6-300(g)(2), 9-5-9-7, 20-30, 20-32-20-35, 20-57, Rpld 20-76-20-78, 20-80-20-82 Amd 20-142, 20-163(d) 20-332, 20-451(e)(1) 20-465(d), 20-482(d) 2010-11 4-26-10 2 19-251-19-255 4 19-137(d) 2010-13 6-28-10 2 Rpld 12-80-12-96 Added 12-80-12-90 2010-14 5-24-10 2 Rpld 2-41 Amd 2-42, 2-57, 2-77, 14-52 2010-21 9-13-10 2 20-321 [The next page is 2145J Supp. No. 16 2102 STATE LAW REFERENCE TABLE This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the state law or related matters. State Const. Section Article Section this Code VIII 2 10-87, 18-153 Fl. Adm. Code Section F.S. Section Chapter this Code Section this Code 17-50 19-92(c) 163.3161 et seq. 9-386.1 19-95(b) 163.3171 et seq. Ch. 15 19-95(c) 163.3180 9-5461 9-547 19-129 9-550. 9-551 17-555,360 Ch. 19, Art, IV, 16313181(3) 20-102(f) Div. 2 Chi 163.3202 9-391 Ch. 166 Ch. 2 F.S. Section 20-26 Section this Code 20-28(a) 20.30 20-232(a)(64) 166,021 10-87 18-153 34.191 11-1 166,032 2-89 Ch.50 2-64(b)(1) 166.041 1-11 50.041 2-64 10-52 50.051 2-64 20-102(f) 60.05 13-74 18-153 Ch. 97, Ch. 98 2-89 20-104 99.093 2-88 166.0415 19-255 100.201 et seq. 2-94 166.201 et seq. Ch. 2, Art. VI 1004361 2-26(b) Ch. 18 Ch. 101 2-93 166,221 Ch. 10 101.62-101.70 2-92 1669231 18-29, 18-30 1010657 2-96 166.231 et seq. Ch. 18, Art, II Ch. 140 18-26 166,0425 Ch. 16, Art, III Ch. 102 2-85 166,3161 20-104 2-93 170.01 et seq. Ch. 17 119.07 18-29 Ch. 171 Ch. 2, Art. V Ch. 162 Ch. 2, Art. III, Div. 2 Ch. 177 Ch. 9 2-56, 6-32 9-2, 9-9 19-174 Ch. 180 et seq. Ch. 17 162.05 2-57 18964042 18-121 162.05(3) 2-58 19743632 18-151 162.06(2), 162106(3) 2-59 197.3635 18-151 162.07 2-60 2000065 Ch. 2, Art. VI 162.08 2-61 Chi 202 18-28 162.09 2-61 202.11 18-26 3-3 202.20 18-31 162.10-162.13 2-62-2-65 203,012 18-26 162.21 19-255 Ch.205 Cho 10 162.22 3-10, 10-57 Ch, 10, Art. II Ch, 163 9-391, 10-52 205.043(c) 10-30 20-26 2054053 10-32 Ch. 163, Pt. II 9-500 205.053(1) 10-29 20-28(a) Ch.212 18-27 Supp. No. 16 2145 WINTER SPRINGS CODE P.S. Section P.S. Section Section this Code Section this Code Ch. 218 Ch. 2, Art. VI 705.101 et seq. 2-1 315,1956 12-65 775.082, 775,083 2-69.5(e), 11-1 Ch. 316 Ch. 12 12-88 12-2 Ch. 794 10-55, 10-73 13-26 Ch. 796 10-52, 10-55, 10-73 20-431(1)a. 796.07 13-72, 13-74 316.003 12-82 Ch. 800 10-55, 10-73 20-438 806,101 7-3 316,0745 12-89 812,019 13-74 316.0083 12-84, 12-87 817.32, 817.33 Ch. 10, Art. IV 12-88 Ch. 826 10-55, 10-73 316.1945(b)(2) 7-4 Ch.827 10-73 316.1955 et seq. 20-467, 20-483 Ch. 828 Ch. 4 20-504 Ch. 847 10-55, 10-73 31642055 Ch. 16, Art. II 847.13 10-55 316,2065 13-62 847,0133 10-55 3ir.2g3 13 :^. C!i. 81� In -1 V ,lr V 316,640 12-86 849.04 Ch. 10, Art. IV Ch. 318 12-2 849.07 Ch. 10, Art, IV 318.14 12-87 849.16 10-115 Ch.320 12-2 865.09 10-68 M. 322 12-2 865.09 10 G 337,401 18-31 874.03 13-72,13-74 Ch.380.06 9-403 Cho 893 10-73 403.415 13-36 893.138 13-72113-74 Ch. 16, Art, II Ch. 893 13-72 479,155 Ch. 16, Art. III 893.138 13-70 Ch.480 10-55 Cho 895 10-73 4WIN 6-32 943,085-943,255 2-68 489,127 6-270, 6-2727 943.25(13) 11-2(a), 11-2(b) 6-2747 6-275, 6-279 489.132 6-270, 6-272 533.73 6-31, 6-32 538.01 et seq. Ch. 10, Art. VI Ch. 553 Ch. 6 Ch. 6, Art, III 553.06 Ch. 6, Art. V 553.19 Ch. 6, Art, IV 553.73 Ch. 6, Art. V 6-81 553.955 et seq. 6-6 Chs. 561-565 10-73 561.01 et seq. Ch. 3 561.14 3-3 561.20(7)(a) 3-3 562.45(2) Ch. 10, Art. III, Div. 2 Ch. 633 Ch. 7, 7-46 7-50 633.521 7-54 Ch. 650 Ch. 14, Art. II 14-26(a) 650.02 14-26(a) [The next page is 21971 Supp. No. 16 2146 ACTIONS. See: SUITS, ACTIONS AND OTHER PROCEEDINGS AFFIDAVITS. See: WRITS, WARRANTS AND OTHER PROCESSES AFFIRMATION. See: OATH, AFFIRMATION, SWEAR OR SWORN AGENCIES OF CITY. See: DEPARTMENTS AND OTHER AGENCIES OF CITY AGREEMENTS. See: CONTRACTS AND AGREEMENTS AMENDMENTS General authority, ANNEXATIONS Annexation procedure ................... Property added by annexation since 1972. APPROPRIATIONS Budget amendments after adoption ..... . ATTORNEY. See: CITY ATTORNEY AUDITS, AUDITING Independent audits ..................... BALLOTS. See: ELECTIONS BOARDS, COMMITTEES AND COMMIS- SIONS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOUNDARIES BUDGET Amendments after adoption ............ . City manager's powers and duties....... . Commission action on budget. . Contents of budget. I I 1 1 4 1 4 1 1 1 Public records .......................... Submission of budget and budget message CANDIDATES. See: ELECTIONS CAPITAL PROGRAM Contents ............................... Submission to commission .............. . CITY Corporate name of city ................ . CITY ATTORNEY Appointment, duties ................... . CITY CLERK Appointment; duty...................... CHARTER INDEX Section Section CITY COMMISSION. See: MAYOR AND CITY COMMISSION CITY MANAGER Acting city manager ..................... 5.04 Appointment; qualifications, compensation 5.01 Budget,submission of ................... 7.02 Powers and duties ...................... 5.03 Removal ............................... 5.02 CLERK. See: CITY CLERK COMMISSION. See: MAYORAND CITY COM- MISSION COMMITTEES AND COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- 10.01 CIES OF CITY CONTRACTS AND AGREEMENTS 2.03 City contract ........................... 13.02 2,02 CORPORATE NAME Name of city established ................ 1.01 7.07 D DEPARTMENTS AND OTHER AGENCIES OF CITY 7.08 Administrative departments, power of city commission to establish . . . . . . . . . . . . 6.01 City commission making investigations... 4,11 City manager's powers and duties........ 5.03 Districting commission .................. 4.02(b) Establishing, altering or abolishing Actions requiring an ordinance. 4.14 DISTRICTS Commission districts; adjustment of...... 4.02 2.01, App. A 7,07 ELECTIONS 5.03 Charter, first elections under ............ 13.04 7.05 City commission as judge of election and 7.03 qualification of members ........... 4.09 7.06 City election ............................ 8.01 7.02 Election procedure ...................... 8.03 Initiative and referendum ............... 9.01 et seq. See: INITIATIVE AND REFERENDUM Mayor and city commission election and term.............................. 4.03 Nonpartisan elections ................... 8.04 7.04(b) Qualified voter ........................0 8.02 7.04(a) EMPLOYEES. See: OFFICERS AND EM- PLOYEES 1.01 F 6.02 FINANCES Budget. See also: BUDGET Capital program ........................ 7.04 4.10 City manager's powers and duties........ 5.03 Supp. No. 19 2197 FINANCES (Confd.) Fiscal year ............................. Independent audits ..................... FINES, FORFEITURES AND OTHER PEN- ALTIES Actions requiring an ordinance .......... City commission Investigations, fines re, Judge of qualifications of members; for- feiture of office re . . . . . . . . . . . . . . . Mayor's and city commission's forfeitures of office ........................... Penalties for acts, omissions, etc. See spe- cific subjects as indexed FISCAL YEAR Described .............................. FLORIDA. See: STATE FORFEITURES. See: FINES, FORFEITURES AiND OTHER PL iN4A-UrIE5 FRANCHISES Actions requiring an ordinance, . C GOVERNING BODY. See: MAYORAND CITY COMMISSION INITIATIVE AND REFERENDUM Action on petitions ...................... Actions requiring an ordinance .......... Commencement of proceedings; petition- ers' committee; affidavit ........... . General authority ....................... Petition ................................ Procedure after filing ................... Referendums Actions requiring an ordinance ....... . Petition; suspension of effect of ordi- nance. 1 4 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 4 0 1 4 4 1 1 1 Results of election ...................... Le LEASING Actions requiring an ordinance .......... 911 MANAGER. See: CITY MANAGER MAYOR AND CITY COMMISSION Actions requiring an ordinance .......... Administrative departments, power of com- mission to establish, 4 * 0 1 4 1 1 1 0 1 1 0 4 1 . Authentication and recording; codification Budget, commission action on........... . WINTER SPRINGS CODE Section Section MAYOR AND CITY COMMISSION (Confd.) 7.01 City clerk .............................. 4.10 7.08 City manager Mayoras ............................ 4.05 Powers and duties re ................ 5.03 1 Commission districts; adjustment of...... 4.02 4.14 Compensation; expenses, ................ 4.04 4.11 Composition of city commission .......... 4.01(a) Election and term, 1 9 1 6 1 1 1 1 1 4 0 1 4.03 Eligibility .............................. 4.01(b) 4.09 General powers and duties .............. 4.06 Investigation ........................... 4.11 4.08 Judge of qualifications .................. 4.09 Mayor................................. 4.05 Ordinances in general, 4.15 Petitions, action on ..................... 9.06 7.01 Procedure .............................. 4.13 Prohibition; holding other office.......... 4.07 Vacancy; forfeitures of office; filling of va- cancies, 4.08 4.14 NAME OF CITY Corporate name established . . . . . . . . . . . . . 1.01 NOMINAI'101y. See: ELECTIONS 0 OATH, AFFIRMATION, SWEAR OR SWORN City commission Administering oaths .................. 4.09 9.06 Investigations, oaths re . . . . . . . . . . . . . . . 4.11 4.14 OFFICERS AND EMPLOYEES 9.02 City manager ........................... 5.01 et seq. 9.01 See: CITY MANAGER 9.03 City officials, 1. 1 1 410,14 4 6 1 1 1 1 1 4 4 1 6 1 1 111 4 13.03 9.04 Establishing, altering or abolishing offices Actions requiring an ordinance........ 4.14 4.14 Governing body, 1 0 1 1 1 0 1 0 1 1 0 1 1 4 1 1 4.01 et seq. See: MAYOR AND CITY COMMISSION 9.05 ORDINANCES, RESOLUTIONS, ETC. 9.07 Actions requiring an ordinance .......... 4.14 Annexation procedure by ordinance . . . . . . 2.03 Authentication and recording; codification 4.16 City ordinances ......................... 13.01 Mayor's and city commission's compensa- 4.14 tion; expenses; by ordinance ........ 4.04 Ordinances in general, I I I I I I 1 6 1 1 4.15 Referendum petition; suspension of effect of ordinance ....................... 9.05 P 4.14 PETITIONS 6.01 Annexation procedures .................. 2.03 4.16 Initiative and referendum petition ...... 4 9.02 et seq. 7.05 See: INITIATIVE AND REFERENDUM Supp. No. 16 2198 CHARTER INDEX Section POLITICS. See: ELECTIONS POWERS OF THE CITY Generally .............................. 3.01 PRISONS AND PRISONERS City commission investigations, imprison- mentre ........................... 4.11 PROCEEDINGS. See: SUITS,ACTIONSAND OTHER PROCEEDINGS PROPERTY Annexation procedure ................... 2.03 Property added by annexation since 1972. 2.02 Territorial boundaries ................... 2.01, App. A REFERENDUM. See: INITIATIVE AND REF- ERENDUM REGULATIONS. See: RULES AND REGU- LATIONS RESOLUTIONS. See: ORDINANCES, RES- OLUTIONS, ETC. RULES AND REGULATIONS Actions requiring an ordinance .......... 4.14 SEVERABILITY Severability of Charter .................. 11.01 SUBPOENA. See: WRITS, WARRANTS AND OTHER PROCESSES SUITS, ACTIONS AND OTHER PROCEED - City atto ney's duties .................. 1 6.02 Initiative and referendum proceedings.... 9.02 SWEAR OR SWORN. See: OATH, AFFIRMA- TION, SWEAR OR SWORN GJ TAXATION Actions requiring an ordinance .......... 4.14 TERRITORIES. See: PROPERTY 11 UTILITIES Rates and charges Actions requiring an ordinance ........ 4.14 V VOTES, VOTING. See: ELECTIONS Section W WARRANTS. See: WRITS, WARRANTS AND OTHER PROCESSES WINTER SPRINGS. See: CITY WRITS, WARRANTS AND OTHER PRO- CESSES City commission Investigation, subpoena for witnesses re 4.11 Subpoena for witnesses ............... 4.09 Initiative and referendum, affidavit re.... 9.02 [The next page is 3111] Supp. No. 16 2199 CODE INDEX Section Section A ADULT ENTERTAINMENT ESTABLISH- MENTS, SEXUALLY ORIENTED BUSI- ABANDONMENT 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 0 4 4 11 1 4 * * 0 4 1 11 1 4 1 1 0 1 1 1 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. 1 11 1 11 1 6 0 11 1 1 14, 10-91 prohibited ......................... 10-92 Special provisions relating to escort Consent. I I 1 0 0 4 10-63 and escort services............ 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 . . . . . . 11 11 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 ..................1 10-90 Establishment name change . . . . . . . . . . . . . 10-72 ADVERTISING. See: SIGNS AND ADVER- General requirements .................. 6 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. 0 4 1 4 I'll* 6 4 1 1 1 4 4 0 10-65 Operation without. I * I I I I 1 6 6 0 1 1 1 1 1 0 0 1 1 10-84 ALARMS, ALARM SYSTEMS Reapplication after denial ............. 10-67 False alarms Reasons for denial of application of .... 10-66 Prohibited ........................... 7-28 Required ............................. 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. 0 11 6 13-57 Transfer of. 10-71 Compliance for existing system........ 13-53 Supp. No. 16 3111 ALARMS, ALARM SYSTEMS Went'd.) Definition. I 1 11 1 4 Disconnection of system, I 1 4 0 4 0 . 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 . . . . . . . . . . . . . . . . . . Definitions ............................. Hours of sale; hours consumption prohib- ited in places of public accommoda- tion............................... Location of business prohibited near church or school .......................... Nudity prohibited upon alcohol licensed premises, bottle clubs ............ 1 . Upen containers in public places ........ . Penalty................................ State of emergency (declaration of) ...... . Vendors (alcoholic beverage) in town center AMENDMENTS Additions and amendments deemed incor- porated in Code, I I I I I I I 1 4 0 1 6 1 1 1 1 0 1 0 Altering Code, I I 1 0 4 1 1 11 4 0 61 1 11 11 1 0 1 6 1 1 1 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 halls ........................ Noise disturbances prohibited Specific provisions Places of public entertainment ..... . Slot machines, devices .................. ANIMALS AND FOWL Animal control and protection ordinance of Seminole County, Florida, adopted . . Kennel zoning .......................... Noise disturbances prohibited Specific provisions .................... Zoning regulations for animals........... ANNEXATIONS Annexations east of DeLeon Street prohib- WINTER SPRINGS CODE Section Section ANNEXATIONS (Cont'd.) 13-51 Certain ordinances not affected by Code .. 1-7(9) 13-61 Fee .................................... 2-116 13-55 Waiting period for annexation ........... 2-117 13-58 ANTENNAS 13-52 Television dish antennas ................ 6-83 13-54 APPROPRIATIONS 13-59 Certain ordinances not affected by Code .. 1-7(7) 13-60 ARBORS. See: TREES AND SHRUBBERY 3-5 ASSESSMENTS 3-1 Annual fire rescue assessments .......... 18-151 et seq. See: FIRE RESCUE ASSESSMENT Local improvements 3-4 Certain ordinances not affected by Code 1-7(8) Local improvements assessments ........ 18-51 et seq. 3-2 See: TAXATION 3-10 ATHLETIC FACILITIES 8-7 Use of city athletic facilities; tees ........ 2-2 3-8 AUDITS, AUDITING 2-255 City -owned property, recording and identi- 3-3 fying re auditing procedure ......... 2-192 AU'1'UMA'I'lC FIRE SPRINKLER SYSTEMS 1-10 Florida Fire Prevention Code, local amend- 1-14 mentto ........................... 7-60 AWNINGS 1-11 Permit for erection of awnings over side- walk Fee.................................. 17-52 46 et seq. Required; application ................. 17-51 7- BANNERS 20-104 Signs and advertising requirement ....... 16-87 20-6 BARBED WIRE. See: FENCES, WALLS, HEDGES AND ENCLOSURES BARRICADES 10-111 Street excavation barricades ............. 17-80 BARS 13-31(f) Alcoholic beverage regulations generally.. 3-1 et seq. 10-115 See: ALCOHOLIC BEVERAGES BEAUTIFICATION BOARD Composition; appointment of members ... 2-77 4-1 Created ................................ 2-76 20-416 Duties; expenditures .................... 2-79 Master beautification plan; recommenda- 13-31(c) tions to city ....................... 2-80 20-413 Organization; meetings, 2-78 BEER Alcoholic beverage regulations generally.. 3-1 et seq. 2-118 See: ALCOHOLIC BEVERAGES Supp. No. 16 3112 CODE INDEX Section BICYCLES Bicycle and pedestrian advisory committee Creation; composition; appointment of members ....................... 2-43 Purpose and duties ................... 2-44 BIDS, BIDDING. See: FINANCES BILLBOARDS. See: SIGNS AND ADVE RTIS- ING BLASTBJGAGENTS. See: EXPLOSIVESAND BLASTING AGENTS BOARDS, COMMITTEES AND COMMIS- SIONS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOATS Noise disturbances prohibited Specific provisions Motorboats ........................ 13-31(i) Vehicle and boat repairs............ 13-31(e) BOND ISSUES Certain ordinances not affected by Code.. BONDS, SURETY OR PERFORMANCE City -owned property supervision and con- trol, bond for custodian re .......... 2-193 Land development bonding procedure .... 9-76 Street excavations, bond requirement .... 17-77 BOOK,STORES Adult entertainment establishments ..... 10-55 et seq. See: ADULT ENTERTAINMENT ES- TABLISHMENTS, SEXUALLY ORIENTED BUSINESSES BOTTLE CLUBS Prohibited .............................. 3-5 BOTTLES Prohibitions ............................ 13-2 BUDGET. See: FINANCES BUILDINGS Accessory dwelling units ................ Administration 6-85 Administrative amendments to the Flor- ida Building Code Chapter 1......................... Chapter 2 ......................... Adoption of Florida Building Code ap- 6-31 6-32 pendices ........................ Establishing the location of local wind 6-34 speed lines, I I I I I I 1 0 4 1 4 1 1 1 1 1 1 1 1 0 1 Annual fire rescue assessments . . . . . . . . . . See: FIRE RESCUE ASSESSMENT 6-33 18-151 et seq. Automatic fire sprinkler systems Florida Fire Prevention Code, local amendment to .................. 7-60 Section BUILDINGS (Cont'd.) Building erected or altered in violation of provisions, use of .................. 6-3 Building inspector Authority to stop work if contrary to public welfare ................... 6-5 Electrical inspector, building inspector as .............................. 6-102 Plumbing inspector, building inspector as.............................. 6-127 Swimming pool inspection ............ 6-213 Citations; unlicensed contractors; failure to obtain a building permit Administrative hearings; accrual of pen- alties ........................... 6-278 Appeals of code enforcement board deci- sions ........................... 6-279 Citation authorized for construction con- tracting violations. 1 11 11 11 *1***, 1 6-272 Citation form ........................ 6-273 Correction of violation; payment of pen- alty; notice of hearing . . . . . . . . . . . 6-277 Findings ............................. 6-271 Intent and purpose ................... 6-270 Notices 6 -2 81 .............................. Penalty .............................. 6-274 Recording code enforcement board or- ders 6-280 ............................ Refusal to sign citation ............... 6-275 Stop work ........................... 6-276 Code enforcement board ................. 2-56 et seq. See: CODE ENFORCEMENT BOARD Codes Electrical code ....................... 6-101 Energy efficiency code adopted . . . . . . . . 6-6 Gas code. 0 1 4 6 1 0 1 1 1 1 1 1 0 4 6-240 I I I 1 Mechanical code. I 1 4 1 1 1 1 1 6 4 0 6-146 et seq. See herein: Mechanical Code Plumbing code ....................... 6-126 Standard building code Adopted ........................... 6-81 Amendment to building code........ 6-82 Standard existing building code Adopted. I 1 11 1 11 11 6 4 1 0 6-81 Standard housing code Adopted ........................... 6-81 Swimming pool code. 1* 6 4 6-210 Unsafe building abatement code....... 6-165 Compliance with provisions .............. 6-2 Construction sign ....................... 16-59 Contractor Unlicensed contractors. See herein: Ci- tations; Unlicensed Contractors; Failure to Obtain a Building Per- mit Declaration of a state of emergency ...... 2-255 Suspension of local regulations ........ 2-264 Electricity Electrical code adopted ............... 6-101 Terms defined 6-102 ........................ Supp. No. 16 3113 BUILDINGS (Confd.) Energy efficiency code adopted.......... . Fences, walls and hedges . ............. ' . See: FENCES, WALLS, HEDGES AND ENCLOSURES Flood damage prevention,.* . See: FLOOD DAMAGE PREVENTION Florida Building Code, administrative amendments to. See herein: Adminis- tration Inspections. See herein: Permits and In- spections International Property Maintenance Code Adopted............................. Preemption; Florida Building Code; Flor- ida Fire and Life Safety Code ... . Supplemental; minimum standards ... . Land development ...................... See: LAND DEVELOPMENT Mechanical code Adopted ...................... Definitions, Fee, 1 4 0 6 1 0 1 Mechanical inspection. . 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 Signs; building permit required....... . Plumbing Plumbing code adopted ............... Terms defined, 0 1 1 1 1 1 1 PUD zoning districts Setback requirements (minimum) .... . Purpose................................ Restricted hours of building construction or installation or construction of sub- division improvements ............ . Screen enclosures ....................... Storage Temporary structures, Swimming pools ....................... . See: SWIMMING POOLS Television dish antennas ................ Uniform building numbering system Administration and assignment of num- Code enforcement board authority, . WINTER SPRINGS CODE Section Section BUILDINGS (Cont'd.) 6-6 Definitions ........................... 9-370 6-186 et seq. Establishment of system, 1 4 4 0 1 1 1 1 1 1 4 4 1 9-372 Posting of numbers ................... 9-374 Purpose ............................. 9-371 8-1 et seq. Unsafe buildings Court action to compel compliance or prosecution upon disregard of no- tice. I I I I 1 0 1 0 1 1 1 0 1 1 1 0 4 4 1 0 1 1 0 1 1 1 0 1 6-168 Notice of unsafe building to be served on person having interest in building; method of service, 1 0 1 0 1 1 1 1 0 1 0 1 1 1 1 6-167 Standards for repair or removal ....... 6-166 6-300 Unsafe building abatement code Adopted ........................... 6-165 6-302 Vacating unsafe buildings and closing 6-301 adjacent streets ................. 6-169 9-2 et seq. Violations, penalty ...................... 6-4 Zoning regulations ...................... 20-1 et seq. See: ZONING F-14 R 6-147 BURNING 6-149 Open-air burning regulated .............. 9-26 6-148 BUSES. See: MOTOR VEHICLES AND TRAF- FIC 13-31(d) C 1-2 CABARETS 16-77 et seq. Adult entertainment establishments ..... 10-55 et seq. See: ADULT ENTERTAINMENT ES- 1-2 TABLISHMENTS, SEXUALLY ORIENTED BUSINESSES 13-3 CAMPAIGNS. See: ELECTIONS CANALS Prohibitions ............................ 13-2 CANDIDATES. See: ELECTIONS 16-53 CANVASSERS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS 6-126 6-127 CARPORT SALES At-home sales .......................... 10-137 6-87 6-1 CATS Animal regulations generally ............ 4-1 et seq. See: ANIMALS AND FOWL 11-6 CERTIFICATES, CERTIFICATION 6-86 Sewerage revenue generation system Accountant certification of adequate 6-88 maintenance .................... 19-129 6-210 et seq. CHURCHES 6-83 Adult entertainment establishments Prohibited locations .................. 10-101 Alcoholic beverage sales prohibited near .. 3-2 9-373 Sexually oriented businesses 9-376 Prohibited locations .................. 10-101 Supp. No. 19 3114 CITY Definitions and rules of construction .... . Use of city athletic facilities; fees ....... . CITY CLERK Election Additional duties re ................. . Supervisor, city clerk as, CITY COMMISSION Annual fire rescue assessments . . . . . . . . . . See: FIRE RESCUE ASSESSMENT Definitions and rules of construction .... . Land development Division of land; city commission ap- proval required, Recall of elected officials ............... . Zoning action; city commission authority . CITY MANAGER Annual fire rescue assessments ......... . See: FIRE RESCUE ASSESSMENT City -owned property, responsibilities re.. . 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, I I I 1 6 4 f 4 1 1 1 1 6 1 1 4 4 W 0 4 1 1 1 1 1 1 1 4 0 Procedures to pay, contest citations ..... . Provisions supplemental. . f 4 *1 1 11 1 1 4 0 W 6 Red light code enforcement infraction ... . See: MOTOR VEHICLES AND TRAF- FIC Violation classification; civil penalty..... . Violations, schedule of, . 0 f 4 ''I'll 6 1 6 CODE ENFORCEMENT BOARD Appeals.............................. Building numbering system, authority re. Code inspector; duty ................... . Creation............................... Duration of lien, Election of officers; quorum; compensation; expenses .......................... Hearing ................................ Lien Application for satisfaction or release of Duration of .......................... Membership; appointment; qualification . . Notices. 6 f I I I I 1 6 6 0 1 1 1 1 1 1 1 * 6 1 1 1 1 1 1 4 1 4 Powers ................................. Provisions supplemental ................ . Wastewater system, enforcement board .. . CODE INDEX Section CODE OF ORDINANCES* 1-2 Additions and amendments deemed incor- 2-2 porated in Code. . f 1 11 11 11 6 1 & 4 . 4 1 1 1 1 Altering Code. . 4 f 4 041111114 6 4 0 4 . I I 1 0 0 4 0 f Amendments to Code; affect of new ordi- nances; amendatory language...... . 2-95 Catchlines of sections .................. . 2-81 Certain ordinances not affected by Code . . Definitions ............................. 18-151 et seq. General penalty; continuing violation; vio- lation as public nuisance .......... . 1-2 History notes ........................... How Code designated and cited ......... . Prior offenses, rights, etc., Code does not 9 2 affect ............................. 2-26 References and editor's notes ............ 20-27 References to chapters or sections........ Repeal of ordinances, affect of .......... . Severability of parts of Code ............ . 18-151 et seq. Supplementation of Code. .............. . 2-192 COMMITTEES AND COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF CITY 2-69.6 2-69.1 COMPUTATION OF TIME 2-56 et seq. Definitions and rules of construction .... . 2-69 CONTRACTS AND AGREEMENTS 2-68 Certain ordinances not affected by Code.. 2-67 Code does not affect prior contracts, etc.. . 2-69.2 Fire and emergency medical services 2-69.7 Inclusion in Seminole County's fire and 2-66 emergency services MSTU ...... . 2-69.5 Old age and survivors' insurance, execu- 2-69.8 tion of agreement .................. 12-80 et seq. Supplementation of Code. . COUNTY 2-69.3 Definitions and rules of construction .... . 2-69A COURTS Court costs 2-63 Assessment and collection of; use ..... . 9-376 Unsafe building, court action re.......... 2-59 2-56 CURFEW 2-62 Declaration of a state of emergency ..... . 2-58 2-60 2-61.5 2-62 2-57 2-64 2-61 2-65 19-30 0 DANCE HALLS Section 1-9 7-1 1-2 2-255 yNote—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. Supp. No. 16 3115 DEPARTMENTS AND OTHER AGENCIES OF CITY Beautification board ................... . See: BEAUTIFICATION BOARD Boards, committees, commissions gener- ally Appointments of boards and committees Bicycle and pedestrian advisory commit- tee Creation; composition; appointment of members. 4 1 4 1 1 1 1 1 1 f 0 4 6 4 4 6 1 1 Purpose and duties ............... . Parks and recreation advisory commit- tee Creation; composition; appointment of members, , 1 4 0 4 6 4 1 0 1 1 1 4 Purpose and duties ................ City commission ........................ City forestry office ...................... Code enforcement board. SPP: CODE, FNFOR.CF,MFN'P BOARD Definitions and rules of construction .... . Election board .......................... Fire and emergency medical services Inclusion in Seminole County's fire and emergency services MSTU ...... . Land development site plan review board. See: LAND DEVELOPMENT Officers' and employees' pension plan, board of trustees re ...................... Planning and zoning board ............. . See: ZONING Public nuisance abatement board ....... . See: PUBLIC NUISANCE ABATEMENT BOARD Public service tax; exempted entities .... . Traffic violations bureau, . 4 4 6 1 1 1 0 1 1 1 DEVELOPMENT. See: PLANNING AND DE- VELOPMENT; See also: LAND DEVEL- OPMENT DISH ANTENNAS Television dish antennas ................ DISORDERLY CONDUCT Dance halls, disorderly conduct in....... . WINTER SPRINGS CODE Section DRUMS Noise provisions ....................... . 2-76 et seq. DUMPSTERS Definitions ............................. Minimum screening requirements....... . 2-42 E ELECTIONS 2-43 Absentee voting, . * 6 1 1 1 1 1 t 4 4 4 4 4 61,11,10 4 f 2-44 Applicability of Code to election where ques- tions are submitted ............... . Candidates, qualification of ............. . Canvass of return ...................... . 2-45 Certain ordinances not affected by Code . . 2-46 City clerk, additional duties of........... 2-26 Code enforcement board election ........ . 5-5 Determination of person elected.......... 2-56 et seq. Early voting exemption, . . Election board .......................... 1-2 Election supervisor ....................t 2-85 Electronic filing of campaign finance re- ports required ..................... Municipal elections to be general elections 7 I Nonpartisanship required .............. . 9-341 et seq. Pi,oclaination ........................... Qualifying fees ........................ . Recall of elected official ................ . 14-52 Registration of voter. 20-51 et seq. Vacancy in office ........................ Voting machines ........................ 13-70 et seq. Voting places ........................... ELECTRICITY code adopted, 18-30 Electrical inspection .................... 12-28 Fees ................................... Flood damage control ................... Municipal public service tax ............ . See: TAXATION Swimming pools, electrical requirements 6-83 Terms defined .......................... i[13ii1 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, . ELECTRONIC DEVICES Noise distm•bances prohibited Specific provisions, .................. . ERGENCIES EM Noise Emergency exception ................. 4-1 et seq. EMERGENCY MANAGEMENT Applicability of provisions .............. . Certification of emergency conditions.... . Declaration of a state of emergency ..... . Definitions ............................. 9-106 Fire emergencies, 9-242 Intent, I I I I 1 4 4 0 4 6 9-105 Police emergencies ...................... 9-241 Powers, duties, responsibilities.......... . Section 2-94 2-87 2-93 1-7(16) 2-95 2-58 2-84 2-96 2-85 2-8 6-101 6-103 6-104 8-2 18-26 et seq. 13-31(a) Supp. No. 19 3116 CODE INDEX Section EMERGENCY MANAGEMENT (Cont'd.) Structure, emergency management....... 2-253 Suspension of local building regulations .. 2-264 Termination of state of emergency........ 2-256 Weather emergencies, .. 1 11 0 6 6 4 * 4 1 1 2-261 EMPLOYEES. See: OFFICERS AND EM- PLOYEES Supp. No. 16 3116.1 Section 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 ...................... . 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 Nuisance pr•ovision...................... Streets, sidewalks, etc., littering ........ . LOCAL IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS LOUDSPEAKERS Noise disturbances prohibited Specific provisions .................... MANUFACTURED HOUSING Flood damage control standards ........ . MAPS. See: SURVEYS, MAPS AND PLATS MAY, SHALL Definitions and rules of construction .... . MAYOR Election proclamation .................. . CODE INDEX Section Section MECHANICAL CODE Code adopted ........................... 6-146 10-58 et seq. Definition .............................. 6-147 Fees ................................... 6-149 Inspection, 6-148 MERCHANDISE. See: GOODS, WARES OR 17-51 et seq. MERCHANDISE MINORS 10-111 Adult entertainment establishments, sex- 17-76 ually oriented businesses 6-186 Unlawful provisions .................. 10-87 8-33 Alcoholic beverage sales near schools pro- 19-52 hibited ............................ 3-2 Secondhand precious metals, dealing with persons under age eighteen years pro- 9-601 hibited ............................ 10-155 9-606 MOBILE HOMES AND MOBILE HOME 9-568 PARKS 10-136 et seq. Zoning regulations for trailers and mobile homes. I 1 4 0 4 11 1 Ili 0 0 4 0 1 1 1 1 1 1 0 1 4 1 1 1 1 20-91 et seq. See: ZONING 16-53 et seq. MONTH Definitions and rules of construction ..... 1-2 17-1 et seq. MONUMENTS 5-4 et seq. Land development monuments........... 9-180 9-402 MOTELS. See: HOTELS AND MOTELS 2-62 MOTOR VEHICLES AND TRAFFIC 2-61.5 Abandonment Impoundment and redemption ........ 12-54 Prohibited ........................... 12-53 18-179 Adoption of state law. 0 0 1 1 1 1 1 1 1 1 4 12-2 13-76 Buses Stands, use of* 0 4 6 4 0 4 1 1 1 0 1 6 4 0 0 4 1 4 1 12-68 Citations Alteration or destruction .............. 12-32 Failure to obey ....................... 12-31 13-2 Issuance, 0 4 1 1 1 1 1 1 1 0 4 0 0 1 1 1 1 4 4 4 4 1 0 1 1 12-29 17-28 Cleaning, repairing vehicles on roadway.. 12-66 Definitions ............................. 12-1 Fines for violations ..................... 12-30 Golf carts, operation of Definitions ........................... 12-71 Enforcement ......................... 12-77 13-31(b) Inspection and registration of golf carts required ........................ 12-75 Insurance required ................... 12-76 Required equipment, 12-74 Restrictions .......................... 12-73 8-51 Use of golf carts on designated roadways 12-72 Gongs, sirens on vehicles, noise provisions 13-32 Handbill distribution on or in vehicles.... 16-28 Impoundment 1-2 Illegally parked or abandoned vehicles, impoundment and redemption of . 12-54 Intersections 2-82 Fences, etc., limitations re ............ 6-191 Supp. No. 16 3129 MOTOR VEHICLESAND TRAFFIC (Confd.) Land development requirements...... . Obstructions ......................... Stop intersections Certain ordinances not affected by Code......................... Land development Off-street parking and loading ....... . See: LAND DEVELOPMENT Mobile homes to be parked in mobile home parks; exception . . . . . . . . . . . . . . . . . . . Noise disturbances prohibited Motor vehicle noise generally......... . Specific provisions Model vehicles ..................... Vehicle and boat repairs........... . Off-street parking and loading Generally ............................ Land development requirements...... . See: LAND DEVELOPMENT Zoning regulations ................... See: ZONING One-way streets Certain ordinances not affected by Code Parking, stopping and standing I3us, taxi stands, use of ............... Chief of police, powers and duties re parking of vehicles .............. Cleaning, repairing vehicles on roadway Impoundment and redemption of ille- gally parked vehicles ........... . Land development requirements for off- street parking and loading ...... . See: LAND DEVELOPMENT Loading or unloading zones .......... . Mobile homes to be parked in mobile home parks; exception .......... . No -parking areas Certain ordinances not affected by Code......................... Obedience to signs, markings ........ . Off-street parking and loading Land development requirements ... . See: LAND DEVELOPMENT Zoning regulations ................. See: ZONING Prohibitions, generally. . . Stop intersections Certain ordinances not affected by Code......................... Police department Chief of police, duties and powers of re operation and parking of vehicles. Citation Alteration or destruction of ........ . Failure to obey ................... . Issuance of, 1 4 Referral of parking violations to hear- ing officer ................... . WINTER SPRINGS CODE Section Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) 9-155 Duties to regulate motor vehicles and 17-30 traffic .......................... 12-26 Fines for violations ................... 12-30 Traffic violation bureau, powers and du- 1-7(14) ties of .......................... 12-28 Red light code enforcement infraction 9-276 et seq. Definitions ........................... 12-82 Law Consistency with state law ......... 12-90 12-70 Implementation of general law...... 12-85 Legislative findings and intent/purpose 12-80 13-44 Red light traffic control signals, adher- ence to ........................1 12-83 13-31(h) Review of recorded images ............ 12-86 13-31(e) Signage .............................. 12-89 Traffic infraction detectors, use of ..... 12-81 12-69 Uniform traffic citation ............... 12-88 9-276 et seq. Violations Notice of violation ................. 12-87 20-128 et seq. Violation .......................... 12-84 Regulations generally ................... 12-51 Skateboarding, roller skating, in -line skat- 1-7(14) ing, other similar activities on human - propelled devices,,'',,,, bo''1004411 13-62 12-68 Speed limits Certain ordinances not affected by Code 1-7(14) 12-27 Vehicular speed limits ................ 12-52 12-66 Taxicabs Passenger rates 12-54 Certain ordinances not affected by Code ......................... 1-7(13) 9-276 et seq. Stands, use of ........................ 12-68 Traffic violation bureau, powers and duties 12-69 of ................................. 12-28 Traffic -control signs, signals and devices 12-70 Certain ordinances not affected by Code 1-7(14) Land development; streetlights and traf- fic signs ........................ 9-204 1-7(14) Obedience to ......................... 12-67 12-67 Red zone infractions. See herein: Red Light Code Enforcement Infrac- 9-276 et seq. tion Truck routes 20-128 et seq. Certain ordinances not affected by Code 1-7(14) Violations, fines for ..................... 12-30 12-65 Referral of parking violations to hearing officer .......................... 12-33 Zones 1-7(14) Loading and unloading zones.......... 12-69 Zoning regulations for motor vehicles..... 20-431 et seq. See: ZONING 12-27 MULCHING 12-32 Land development requirements ......... 9-160 12-31 12-29 MUSICAL INSTRUMENTS Noise disturbances prohibited 12-33 Specific provisions, 13-31(a) Supp. No. 16 3130 CODE INDEX Section Section N OFFENSES Assessment and collection of court costs; NOISE use ..............................6 11-2 Correction for character of sound......... 13-36 Certain ordinances not affected by Code .. 1-7(1) Definitions ............................. 13-27 City -owned shade trees, injuring 11-4 Designation of noise sensitive zones ...... 13-43 Y g 0 Civil in Emergency exception.* 0 4 + 4 W I 1 0 1 1 1 4 32 ...... 13-fiactions,schedule of............. 2-69.4 Immediate threat to health and we .. 13-32 Code does not affect prior offenses, etc.... 1-9 welfare Lead agency or official ......... elfar ... 13-41 Firearms, discharging or brandishing .... 11-5 28 Maximum permissible sound levels by re- Repeal of ordinances, effect of............ 1-8 ....... level . by re- State misdemeanors adopted; penalty .... 11-1 ceiving land use 13-35 -10 Motor vehicle noise ..................... 13-44 Tree prohibitions ....................... 0 Noise control officer Trespass ............................... 11-3 1-3 Powers .............................. 13-29 OFFICERS AND EMPLOYEES Noise disturbances prohibited Generally13-30 Building inspector ...................... 6-5 et seq. """""""""""""" See: BUILDINGS Specific provisions, 13-31 Certain ordinances not affected by Code.. 1-7(18) Notice of violation ...................... 13-40 Other remedies ......................... 13-City forester............................ 5-5 42 Penalties ............................... 13-39 Code enforcement board inspector........ 2-59 ...................... Code enforcement officers ............... 2-67 et seq. Purpose and scope 13- Code violations Required measurement procedures ....... 13-38 Standardized measurements required .... 13-37 General penalty; continuing violation; violations as public nuisance ..... 1-15 Variances Special event variances ............... 13-33 Definitions and rules of construction ..... 1-2 Variances for time to comply 13-34 Election supervisor ..................... 2-81 Emergency management director ........ 2-253 et seq. NUDITY Floodplain administrator ................ 8-31 et seq. Nudity prohibited upon alcohol licensed See: FLOOD DAMAGE PREVENTION premises and bottle clubs........... 3-10 Noise control officer, ... 00 we 11 ''1 144 13-29 NUISANCES Old age and survivors' insurance Definitions ............................. 13-1 Adoption of title II social security act .. 14-30 Duty of owners of buildings to keep sur- Contribution ......................... 14-28 rounding property clean; notice; fail- Custody of fund ...................... 14-31 ure to comply with notice........... 13-3 Execution of agreement ............... 14-27 Fire and security alarms ................ 13-51 et seq. Extension of benefits ................. 14-26 See: ALARMS AND ALARM SYSTEMS Record, I + 0 4 4 1 1 1 0 1 6 6 14-29 General prohibition ..................... 13-1 Pension plan Noise .................................. 13-26 et seq. Adopted ............................. 14-51 See: NOISE Board of trustee ...................... 14-52 Procedure for city enforcement of non- Personnel rules or regulations imminent hazards. 13-4 Certain ordinances not affected by Code 1-701) Prohibitions ............................ 13-2 Policy, rules and regulations............. 14-1 Public nuisance abatement board ........ 13-70 et seq. Recall of elected officials ................ 2-26 See: PUBLIC NUISANCE ABATEMENT BOARD OFFICIAL TIME Skateboarding, roller skating, in -line skat- Definitions and rules of construction ..... 1-2 ing, other similar activities on human - propelled devices, 1 6 1 13-62 OLD AGE AND SURVIVORS INSURANCE. Swimming pool nuisances ............... 6-222 See: OFFICERS AND EMPLOYEES NUMBER OPEN-AIR BURNING Definitions and rules of construction ..... 1-2 Regulated .............................. 7-26 O p OATH, AFFIRMAPION, SWEAR OR SWORN Definitions and rules of construction ..... 1-2 PARI�,S AND RECREATION Adult entertainment establishments, sex - OBSCENITY. See: INDECENCY AND OB- ually oriented businesses SCENITY Prohibited locations .................. 10-101 Supp. No. 16 3131 WINTER SPRINGS CODE Sectimi PAR14CS AND RECREATION (Cont'd.) Concurrency administration and evalua- tion procedure Level of service standards (LOS) for parks and recreation ............ 9-514 Land development Impact fees (police, fire, parks and rec- reation facilities) ................ 9-391 et seq. Parks and recreation advisory committee Creation; composition; appointment of members ....................... 2-45 Purpose and duties ................... 2-46 Public grounds Definitions and rules of construction... 1-2 Use of city athletic facilities; fees ........ 2-2 PEDDLERS, CANVASSERS AND SOLICI- TORS Alcoholic beverage vendors in town center 3-3 At-home sales .......................... 10-137 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 Section PLANNING AND DEVELOPMENT (Cont'd.) Impact fees Police, fire, parks and recreation facili- ties ............................. 9-391 et seq. Transportation facilities . . . . . . . . . . . . . . 9-386 et seq. ,and development ...................... 9-1 et seq. See: LAND DEVELOPMENT Master beautification plan, I I I I I I 1 4 0 4 4 0 4 1 2-80 See also: BEAUTIFICATION BOARD Tree protection and preservation Protection during development, construc- tion; periodic inspection.......... 5-14 Zoning regulations generally, 20-1 et seq. See: ZONING PLATINUM Secondhand precious metals . II . . . . . . . . . . 10-151 et seq. See: SECONDHAND PRECIOUS MET- ALS PLATS. See: SURVEYS, MAPS AND PLATS PLAYGROUNDS Prohibitions ............................ 13-2 PLUMBING Cross -connection control, backflow preven- tion ............................... 19-151 et seq. See: UTILITIES Fees................................... 6-129 PERSON Inspection .............................. 6-128 Definitions and rules of construction ..... 1-2 Plumbing code adopted. I 1 0 4 6 1 1 1 1 1 1 0 4 0 1 4 1 6-126 PHONOGRAPHS Swimming pools, plumbing requirements Noise provisions ........................ 13-33 re................................. 6-221 Terms defined .......................... 6-127 PLANNING AND DEVELOPMENT Comprehensive plan POLICE DEPARTMENT Adherence to law ..................... 15-28 Emergencies, police ..................... 2-262 Adopted ............................. 15-26 et seq. Land development Compliance .......................... 15-27 Impact fees (police, fire, parks and rec- Distribution of copies ................. 15-29 reation facilities) . . . . . . . . . . . . . . . . 9-391 et seq. Comprehensive plan amendments Traffic responsibility . . . . . . . . 14 . . . . . . . . . . 12-26 et seq. Advertisement of public hearing....... 15-39 See: MOTOR VEHICLES AND TRAF- Application deadline .................. 15-32 FIC Authority, purpose and intent ......... 15-30 POLITICS. See: ELECTIONS City commission transmittal public hear- ing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-38 PRECEDING, FOLLOWING Department of Community Affairs com- Definitions and rules of construction ..... 1-2 ments.......................... 15-40 Effectiveness of the adopted amend- PRECIOUS METALS. See: SECONDHAND nient . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-43 PRECIOUS METALS Exemptions .......................... 15-33 Initiation of amendments ............. 15-31 PRISONS AND PRISONERS Local planning agency review and rec- Code violations ommendation .................. 4 15-37 General penalty; continuing violation; Review violation as public nuisance ...... 1-15 Criteria,,,,,,, 15-36 PROCEEDINGS. See: SUITS, ACTIONS AND Procedure,, do., 15-35 OTHER PROCEEDINGS Transmittal of adopted amendment to the Department of Community Af- PROPERTY fairs ............................ 15-42 Abandoned property, disposition by city... 2-1 Supp. No. 16 3132 CODE INDEX Section Section PROPERTY (Cont'd.) RUMMAGE SALES City -owned personal property At-home sales .......................... 10-137 Definition. . 0 & 0 0 0 4 4 *1 1 1 a, 1 4 1 0 1 6 W 0 0 4 0 2-191 Disposal of surplus property .......... 2-194 S Identification; records; inventory ...... 2-192 Property supervision and control ...... 2-193 SCHOOLS Surplus property, disposal of .......... 2-194 Adult entertainment establishments, sex - Definitions and rules of construction ..... 1-2 ually oriented businesses Fire rescue assessment Prohibited locations 1................. 10-101 Collection and use of fire rescue assess- Alcoholic beverage sales prohibited near.. 3-2 ments SECONDHAND PRECIOUS METALS Government property .............. 18-203 Handbill distribution upon residential prop- Dealing with persons under age eighteen erty prohibited without consent of years prohibited ..................0 10-155 owner ............................. 16-27 Definitions ............................10-151 Minors International Property Maintenance Code 6-300 et seq. See: BUILDINGS Dealing with persons under age eigh- teen years prohibited ............ 10-155 PUBLIC NUISANCE ABATEMENT BOARD Storage of articles during waiting period . 10-154 Appeal ................................. 13-77 Transactions, register of................. 10-152 Composition; term ...................... 13-73 Waiting period prior to disposal of certain Creation of the public nuisance abatement property. . 0 W 0 0 0 4 1 1 1 1 1 1 0 4 6 4 0 0 4 0 1 1 1 1 6 10-153 board ............................. 13-71 SECURITY ALARM Definitions ............................. 13-72 Enforcement procedures ................. 13-75 Provisions generally..................... 13-51 et seq. Intent and purpose ..................... 13-70 See: ALARMS, ALARM SYSTEMS Penalties; fines; liens; recording.......... 13-76 SEMINOLE COUNTY. See: COUNTY Powers; duties; jurisdiction .............. 13-74 SEPTIC TANKS PUBLIC PLACES. See: STREETS AND SIDE- Land development, septic tank require - WALKS ments ............................. 9407 PUBLIC SERVICE TAX, See: TAXATION Wastewater system, private septic tanks re 19-29 SEVERABILITY PUBLIC WORKS AND IMPROVEMENTS Severability of parts of Code ............. 1-13 Code violation Penalty by labor on city works ........ 1-15 SEWERS. See: UTILITIES Land development required improvements 9-176 et seq. See: LAND DEVELOPMENT SHALL, MAY Local improvements Definitions and rules of construction ..... 1-2 Certain ordinances not affected by Code 1-7(8) SHRUBBERY. See: TREES AND SHRUB - PURCHASING. See: FINANCES BERY SIDEWALKS. See: STREETS AND SIDE- R WALKS RADIOS SIGNATURE, SUBSCRIPTION Noise provisions ........................ 13-33 Definitions and rules of construction. 1-2 RATIONING SIGNS AND ADVERTISING Declaration of a state of emergency ...... 2-255 911 emergency response system.......... 16-61 Applications; permit fees; review period; RECLAIMED WATER SYSTEM. See: UTILI- approval criteria; appeals........... 16-54 TIES Building permit required ................ 16-53 Construction and maintenance standards. 16-59 RECREATION. See: PARKS AND RECRE- Definitions ............................. 16-51 ATION Exemptions from permit requirements ... 16-55 RETIREMENT. See: PENSIONS AND RE- Handbills and procedures, distribution of TIREMENT Aiding and abetting prohibited ........ 16-29 Exemptions from provisions ........... 16-30 ROCKS Findings of fact ...................... 16-26 Land development rock removal ......... 9-8 Granting of variances, I I 1 4 1 * 6 4 4 4 4 * 1 4 1 1 16-31 Supp. No. 16 3133 WINTER SPRINGS CODE Section SIGNS AND ADVERTISING (Cont'd.) Residential property, distribution upon prohibited without consent of owner 16-27 Vehicles in public places, distribution on orin prohibited ................. 16-28 Loudspeakers Noise disturbances prohibited Specific provisions ................. 13-31(b) Motor vehicles and traffic Red light code enforcement infraction Signage ........................... 12-89 Nonconforming signs. 16-56 Prohibited signs ........................ 16-57 Purpose and intent ..................... 16-52 Skateboarding, roller skating, etc. Prohibition signs ..................... 13-62(d) Standards Banners ............................. 16-87 Bench signs, 16-85 Enforcement ......................... 16-89 Generally .......................... 16-76 Implied consent ...................... 16-90 Outdoor display/billboards Off -premises signs prohibited, 16-77 On -premises signs ................. 16-78 Severability, .......................... 16-92 Supplemental sign regulations ........ 16-79 Viewpoint neutral .................... 16-91 Weather............................. 16-88 Supplemental temporary sign requirements 16-60 Traffic signs ............................ 12-67 Waiver ................................. 16-58 SILVER Secondhand precious metals ............. 10-151 et seq See: SECONDHAND PRECIOUS MET- ALS SIRENS Noise provisions ........................ 13-32 SKATEBOARDING, ROLLER SKATING, ETC. Prohibition; signs ....................... 13-62 SLOT MACHINES, DEVICES Prohibited; exceptions, 10-115 SODDING Land development requirements ......... 9-160 SOIL Land development soil removal .......... 9-8 SOLICITORS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS SPRINKLER SYSTEMS Automatic fire sprinkler systems Florida Fire Prevention Code, local amendment to .................. 7-60 STAGNANT WATER Property owner responsibility re ......... 13-2(e) Section STATE Definitions and rules of construction ..... 1-2 Florida Building Code, administrative amendments to. See: BUILDINGS Florida Fire Prevention Code, local amend- ment to ........................... 7-46 et seq. See: FIRE PREVENTION AND PRO- TECTION STORAGE Temporary storage structures............ 6-88 STORMWATER Stormwater management utility ......... 19-161 et seq. See: UTILITIES STREETS AND SIDEWALKS Access control .......................... Code violation 17-29 Penalty by labor on street, Dedicating, naming, establishing, etc., streets 1-15 Certain ordinances not affected by Code 1-7(5) Definitions and rules of construction ..... Excavations 1-2 Barricades, erection and lighting of.... Bond i'equired........................ Duty and liability of permit holder..... Erection and lighting of barricades .... 17-80 I7-77 17-79 17-80 Inspection ........................... Permit required ...................... Fences, etc., limitations for streets ....... Flood damage control ................... Grades 17-78 17-76 6-191 8-2 Certain ordinances not affected by Code 1-7(6) Handbill distribution in public places pro- hibited ............................ Intersections, obstruction of vision at..... Land development requirements for streets, 16-29 17-30 alleys, bridges, etc .................. See: LAND DEVELOPMENT 9-146 et seq. Littering Generally, Prohibited ........................... Locating, opening, paving, etc., streets Certain ordinances not affected by Code 13-2 17-28 1-7(5) New street; permit required ............. Obstructions 17-26 Street intersections, vision at ......... Streets and sidewalks; permit required 17-30 17-1 Permits Awnings erected over sidewalks, per- mits re ......................... See herein: Sidewalks 17-51 et seq. Excavation permits Duty and liability of permit holder .. Generally ......................... New street; permit required........... Obstructing streets and sidewalks; per- mit required .................... 17-79 17-76 17-26 17-1 S11pp. No. 19 3134 CODE INDEX Section STREETS AND SIDEWALKS (Cont'd.) Public places Definitions and rules of construction... 1-2 Rights -of -way permit fee election......... 18-31 Sidewalks At-home sales 10-137 ........................ Definitions and rules of construction... 1-2 Land development requirements....... 9-221 Permit for erection of awnings, etc., over sidewalks Fee ..............................1 17-52 Required; application .............. 17-51 Transportation impact fees .............. 9-386.1 et seq. See: LAND DEVELOPMENT Trees and shrubbery, removal prohibited 17-28 Uniform building numbering system ..... 9-370 et seq. See: BUILDINGS Unsafe buildings, closing streets for vacat- ing. 4 0 9 0 0 1 0 1 1 1 1 1 1 1 1 6 0 1 0 4 0 4 1 0 1 1 1 1 1 6 6 6-169 Vacating and abandoning streets and al- leys ..............................4 17-27 Violations, penalties ..................... 17-31 Widening, vacating, etc., streets Certain ordinances not affected by Code 1-7(5) SUBDIVISIONS Certain ordinances not affected by Code .. 1-7(10), (12) Flood damage control standards ......... 8-51 Land development ...................... 9-1 et seq. See: LAND DEVELOPMENT Planned unit developments, subdivision plan 20-383 et seq. See: ZONING Zoning regulations generally ............. 20-1 et seq. See: ZONING SUBSCRIPTION, SIGNATURE Definitions and rules of construction ..... 1-2 SUITS, ACTIONS AND OTHER PROCEED - Repeal of ordinances, effect of............ 1-8 SURETY BONDS. See: BONDS, SURETY OR PERFORMANCE SURVEYS, MAPS AND PLATS Certain ordinances not affected by Code .. 1-7(10) Land development platting requirements. 9-1 et seq. See: LAND DEVELOPMENT Zoning map Certain ordinances not affected by Code 1-7(15) Working maps and procedures......... 20-102 SWEAR OR SWORN. See: OATH, AFFIRMA- TION, SWEAR OR SWORN SWIMMING POOLS Code adopted. I I I I I 1 1 6 1 0 1 0 4 0 1 1 1 0 1 1 4 1 1 1 1 1 6-210 Conflict with deed restrictions ........... 6-223 Contractor's qualifications, 6-214 Definitions ............................. 6-211 Design and construction requirements.... 6-216 Electrical requirements ................. 6-220 Section SWIMMING POOLS (Cont'd.) Enclosure required, 11 11 1 4 6 4 *1 11 11 Ili 0 4 4 4 6-217 General construction provisions for con- crete pools. 6-218 Inspection .............................. 6-213 Nuisances .............................. 6-222 Owner's privilege ....................... 6-215 Permit Application; plans and specifications... 6-212 Plumbing requirements ..... 1 . 1 ......... 6-221 Stagnant water. 13-2(e) Yards .................................. 6-219 T TAXATION Annual fire rescue assessments .......... See: FIRE RESCUE ASSESSMENT 18-151 et seq. Certain ordinances not affected by Code .. Fire and emergency medical services 1-7(7) Inclusion in Seminole County's fire and emergency services MSTU ....... Local business tax receipts 7-1 Limitation on term; half -year receipts.. 10-28 Local business tax receipts established. 10-29 Receipt year established .............. Transfer of receipt, 1 4 0 4 1 Local improvements assessments 10-27 10-30 Alternative method ................... Assessed areas and advisory committees 18-94 Creation of advisory committees .... Definition of assessed areas ........ Landowner petition process......... Collection of assessments 18-55 18-54 18-56 Alternative method of collection..... Government property .............. Method of collection, I I 1 1 4 0 4 1 4 1 4 4 1 1 1 Responsibility for enforcement ...... Definitions, I I I I 1 0 1 1 4 1 1 1 1 1 1 1 1 1 1 1 General findings ..................... Interpretation; title and citation....... Issuance of obligations 18-82 18-84 18-81 18-83 18-51 18-53 18-52 Anticipation notes ................. General authority, Refunding obligations .............. Remedies of holders. 1 Taxing power not pledged .......... Temporary obligations .............. Terms of the obligations ............ Trust funds. 1 0 4 1 0 1 1 1 1 1 1 Variable rate obligations ........... Local improvement assessments 18-89 18-85 18-93 18-92 18-90 18-88 18-86 18-91 18-87 Adoption of final local improvement assessment resolution . I . . . . . . . Annual local improvement assess- 18-62 ment resolution, 11 6 1 4 14 6 4 0 6 4 11 Authority ........................1 Correction of errors and omissions .. 18.63 18-57 18-68 Effect of local improvement assess- ment resolutions .............. 18-64 Supp. No. 16 3135 TAXATION (Confd.) Initial local improvement assessment resolution .................... Lien of assessments, I I I 1 4 4 4 1 4 1 1 0 1 11 Local improvement assessment roll . Notice by Mail. 4 4 0 1 0 4 0 1 1 1 1 1 1 4 0 4 4 1 1 1 1 1 0 1 1 Publication ..................... Procedural irregularities .......... . Revisions to ...................... . Related service assessments Adoption of final related service as- sessment resolution . . . . . . . . . . . Annual related service assessment res- olution ....................... Authority ......................... Correction of errors and omissions . . Effect of related service assessment resolutions ..................l Initial related service assessment res- olubon....................... Lien of assessments, Notice by Mail* 4 0 4 1 4 1 1 1 1 1 1 4 Publication ..................... Procedural irregularities .......... . Related service assessment roll .... . Revisions to related service assess- ments........................ Municipal public service tax Collection by seller .................. . Exemptions ......................... . Interest and penalties ............... . Levy................................ Rights -of -way permit fee election ...... Seller's records. 1 0 1 1 1 4 1 4 1 1 6 1 1 1 0 1 1 1 1 0 4 1 TAXICABS. See: MOTOR VEHICLES AND TRAFI'IC WINTER SPRINGS CODE Section 18-58 18-65 18-59 18-61 18-60 18-67 18-66 18-75 18-69 18-80 18-28 18-27 18-30 18-26 18-31 18-29 TELEGRAPH See: TAXATION TELEPHONES Emergency telephone number............ 13-55 Flood damage control. 8-2 Public service tax ....................... 18-26 et seq. See: TAXATION TELEVISION Dish antenna ........................... TERRITORY Annexations Certain ordinances not affected by Code THEATERS Adult entertainment establishments .... . See: ADULT ENTERTAINMENT ES- TABLISHMENTS, SEXUALLY ORIENTED BUSINESSES Section TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC TRAILERS. See: MOBILE HOMES AND MO- BILE HOME PARKS TRASH. See: GARBAGE AND TRASH TREES AND SHRUBBERY Injuring city -owned shade trees .......... Land development 11-4 Clearing rights -of -way of trees ........ Streets, removal of trees and shrubbery on 9-129 17-28 Tree protection and preservation Applicability ......................... Authorization to adopt rules, regula- 5-1 tions, fees for implementation .... Calculating tree protection zone, (App. 5-19 C to Chap. 5) City forestry office, I I I I I I 1 Definitions ........................... Desirable trees, (App. B to Chap. 5) 5-5 5-3 Development, construction, protection during; periodic inspection . . . . . 11 Enforcement; penalties ............... Intent, purpose, I 1 0 1 1 1 1 1 iiinimum tree requirement ........... Permit required: tree removal, land clear- ing; separate violations; criteria; 5-14 5-18 5-2 5-13 contractor permit required ....... Application, permit ................ Contents; expiration; removal after 5-4 5-6 expiration of permit........... Prohibitions, I I I I 1 4 4 1 6 1 1 1 1 1 1 Remedial action ...................... Specimen, historic trees, 1 4 0 1 Tree protection area signage, (App. D to 5-12 5-10 5-17 5-8 Chap. 5) Tree pruning standards ............... Tree replacement guidelines........... Undesirable trees, (App. A to Chap. 5) 5-7 5-9 Voluntary tree planting . . . . . . . . . . . . . . . Waivers; incentive program and appeals 5-15 5-16 TRESPASSING Conditions constituting trespassing ...... 11-3 Utility protection, enforcement Trespass.., 1*6161111140*61111111 19-303 U UNSAFE BUILDINGS. See: BUILDINGS 1-7(9) UTILITIES Charges. See herein: Rates, Fees and Charges 10-55 et seq. Concurrency administration and evalua- tion procedure Level of service standards (LOS) ...... 9-510 et seq. See: LAND DEVELOPMENT Supp. No. 16 3136 CODE INDEX Section Section UTILITIES (Cont'd.) UTILITIES (Cont'd.) Cross -connection control, backflow preven- Illicit discharges, connections (prohibi- tion tion)............................ 19-171 Administration, 19-153 Industrial, commercial, construction ac- Backflow prevention devices tivities; stormwater discharges from 19-170.5 Installation, testing and maintenance Inspection, monitoring for compliance, of ............................ 19-155 operational maintenance......... 19-173 Changes to manual, 1 0 1 1 1 1 4 0 1 4 0 0 4 11 ''1 19-152 Interconnected municipal storm sewer Cross -connection violations and penal- systems ties, I I I I I I I 1 0 1 9 * I 1 0 1 1 1 0 1 1 6 0 4 W 0 4 4 19-156 Control of pollutant contributions from 19-172 Inspection and testing, right of access.. 19-154 Prohibited acts, generally ............. 19-169 Intent ............................... 19-150 Purpose; intent, ...................... 19-161.5 Manual adopted by reference; compli- Rates, schedule of. 4 0 1 0 1 1 1 1 1 6 4 6 4 1 1 4 1 1 1 19-164 ance required ................... 19-151 Stormwater management utility fund .. 19-167 Fees. See herein: Rates, Fees and Charges Title ................................. 19-161 Fences, walls, etc., for utility easement. 1 4 6-192 Utility protection, enforcement Flood damage prevention requirements re Enforcement ......................... 19-304 utilities ........................... 8-1 et seq. Meters furnished by, remain property of See: FLOOD DAMAGE PREVENTION city; all water must pass through Garbage service to be provided for certain meter. . 4 4 4 0 1 1 1 1 1 0 4 1 4 0 0 1 1 1 1 1 1 6 4 0 1 19-300 tenants ........................... 19-1 Right of entry of authorized agents, em- Land development ployees 1 ........................ 19-301 Utilities services to be underground, ex- Tampering with city utility system .... 19-302 ception ........................ 0 9-104 hespass............................. 19-303 Water and sewer systems, requirements Wastewater system for ............................. 9-261 Accidental discharge protection........ 19-74 Permits Charges. See herein: Rates, Fees and Industrial wastewater contribution per- Charges mit ............................. 19-52 Contaminants prohibited.............. 19-72 Public service tax ....................... 18-26 et seq. Definitions........................... 19-26 See: TAXATION Discharges prohibited. 1 0 4 11 1 11 19-71 Rates, fees and charges Enforcement ........................f 19-53 Wastewater system ................... 19-91 et seq. Enforcement board ..................0 19-30 See herein: Wastewater System Fees. See herein: Rates, Fees and Charges Reclaimed water system Industrial wastewater contribution per - Definitions. I W 0 1 1 1 1 0 1 0 4 6 4 6 1 4 1 1 1 1 6460*4 19-136 mit............................. 19-52 Inspection ........................... 19-140 Inspection and monitoring ............ 19-51 Rates and charges .................... 19-138 Penalties and charges ................ 19-31 Routing and construction ............4 19-137 Pretreatment ........................ 19-73 Service procedures, regulations........ 19-139 Private septic tanks .................. 19-29 Promulgation, enforcement of....... 19-139 Public sewers, required use of......... 19-28 Septic tanks Rates, fees and charges Private septic tanks re wastewater sys- Annual rate review ................ 19-99 tern ............................ 19-29 Appeals ........................... 19-98 Sewers. See herein: Wastewater System Application requirements........... 19-100 Solid waste services; rates; penalties and Billing, payment, delinquency ...... 19-97 enforcement for nonpayment........ 19-2 Conservation methods. 19-94 Stormwater management utility Definitions ........................ 19-91 Adjustment of fees ..................1 19-166 Intent............................. 19-92 Billing, payment, penalties, enforce- Office hours. 19-101 ment........................... 19-165 Penalties and charges.............. 19-31 Definitions ........................... 19-162 Policy for bill adjustments for unex- Directo•(of public works) plained excessive use.......... 19-98.5 Powers, duties, responsibilities...... 19-168 Revenue .......................... 19-95 Discharges into natural waters, munic- Sewerage revenue generation system ipal storm sewer system ......... 19-170 Accountant certification of ade- Enforcement, penalties, legal proceed- quate maintenance ......... 19-129 ings ............................ 19-175 Accounts established ............ 19-126 Fee created .1..1..................... 19-163 Deposits........................ 19-127 High risk screening. 19-174 Expenditures ................... 19-128 Supp. No. 16 3137 WINTER SPRINGS CODE Section UTILITIES (Cont'd.) User charge Generally ....................... Schedule, System ......................... Septic tanks, private, Sewerage revenue generation system 19-96 19-102 19-93 19-29 Accountant certification of adequate maintenance ................. Accounts established, Deposits .......................... Expenditures...,,,,,,,,,,,,,,,,,,I Use of wastewater system, I I 1 4 6 4 6 1 0 1 0 1 Water conservation and landscape irriga- 19-129 19-126 19-127 19-128 19-27 tion ............................... See: WATER CONSERVATION AND 19-251 et seq. LANDSCAPE IRRIGATION Water shortage conditions and shortages Application of this article ............. Definitions, I I I I I I * I 1 0 1 1 0 1 1 1 11 0 4 0 4 0 1 Enforcement ......................... Exception..., I I'm Implementation ...................... Intent and purpose ................... Penalties ............................ Water use constitutes acceptance of pro- 19-202 19-201 19-205 19-206 19-203 19-200 19-207 visions of the article . . . . . . . . . . . . . Water uses, surcharges and factors con- 19-208 sidered ........................1 19-204 V VEHICLES. See: MOTOR VEHICLES AND TRAFFIC VENDORS. See: PEDDLERS, CANVASSERS AND SOLICITORS VOTES, VOTING. See: ELECTIONS W WALLS. See: FENCES, WALLS, HEDGES AND ENCLOSURES WARES. See: GOODS, WARES OR MER- CHANDISE WARRANTS. See: WRITS, WARRANTS AND OTHER PROCESSES WASTEWATER. See: UTILITIES WATER AND SEWERS. See also: UTILITIES Concurx•ency administration and evalua- tion procedure Level of service standards (LOS) ...... 9-510 et seq. See: LAND DEVELOPMENT Declaration of a state of emergency; water use restrictions .................... 2-255 Reclaimed water system. 19-136 et seq. See: UTILITIES Supp. No. 16 3138 Section WATER AND SEWERS (ConfdI Water shortage conditions and shortages . 19-200 et seq. See: UTILITIES WATER CONSERUATIONAND LANDSCAPE IRRIGATION Definitions ............................. Enforcement,........................... Exceptions ............................. Landscape irrigation schedules, variances, and restrictions, I I 1 0 4 4 1 11 1 1 4 4 4 4 1 *1 1 Purpose; applicability 11 . . . 14 . . . . . . . . . . . . WATERWAYS AND WATERCOURSES Boats. See that subject Discharges into natural waters, municipal storm sewer system, . Flood damage prevention. See: FLOOD DAMAGE PREVENTION Prohibitions ............................ WEAPONS. See: PIREARMS AND WEAP- ONS WEATHER Weather emergencies ................... . WEEDS Accumulation or untended growth of .... . WINE. See: ALCOHOLIC BEVERAGES WINTER SPRINGS. See: CITY ITS, WARRANTS AND OTHER PRO - WR CESSES Subpoenas Code enforcement board powers ...... . WRITTEN, IN WRITING Definitions and rules of construction .... . Y YARD SALES At-home sales .......................... DS AND OPEN SPACES YAR Land development; public sites and open 19-252 19-255 19-254 19-253 19-251 19-170 8-1 et seq. 2-261 13-2(c) 1-2 spaces ............................ 9-103 Swimming pools, yard requirements re Zoning regulations generally ............. 20-1 et seq. See: ZONING YEAR Definitions and rules of construction ..... 1-2 [The next page is 3141] CODE INDEX Section Section Z ZONING (Cont'd.) CC Commerce Center District ZONING Bulk regulations ..................... 20-345.4 Administrative appeals. 1 20-35 Conditional uses ..................... 20-345.3 Land use decisions (procedures)....... 20-35 Generally ............................ 20-345 Adult entertainment establishments Uses permitted . . . . . . . . . . . . . . . . . . . . . . . 20-345A Generally, 10-100 Certain ordinances not affected by Code.. 1-7(15) Animals, 1 6 0 6 0 0 1 4 1 11 20-413 Changes and amendments............... 20-104 Basis for regulations and requirements Code enforcement board ................. 2-56 et seq. herein set forth .................... 20-2 See: CODE ENFORCEMENT BOARD Buffers Commercial vehicles defined ............. 20-432 Residential wall buffers required. 20-417 Comprehensive plan .................... 15-26 et seq. Building area regulations See: PLANNING AND DEVELOPMENT R-1 One -Family Dwelling District ..... 20-185 Conditional uses R-lAA and R-lA One -Family Dwelling C-1 Neighborhood Commercial Districts 20-234 Districts ........................ 20-165 C-3 Highway 17-92 Commercial District 20-346.3 R-1AAA Single -Family Dwelling Dis- CC Commerce Center District......... 20-345.3 tricts ........................... 20-125 Expiration of conditional use approvals 20-36 R-3 Multiple -Family Dwelling Districts 20-210 1-1 Light Industrial District ........... 20-261 R-CI Single -Family Dwelling Districts . 20-145 Land use decisions (procedures) . . . . . . . 20-33 R-U Rural Urban Dwelling Districts ... 20-270 R-1 One -Family Dwelling District . . . . . 20-183 T-1 Trailer Home Districts ............ 20-295 R-lAA and R-lA One -Family Dwelling Building height regulations Districts ........................ 20-163 C-1 Neighborhood Commercial Districts 20-235 R-IAAA Single -Family Dwelling Dis- C-2 General Commercial and Industrial tricts . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-123 ........................ 20-253 R-3 Multiple -Family Dwelling Districts 20-208 Districts R-CI Single -Family Dwelling Districts . 20-143 C-3 Highway 17-92 Commercial District 20-0-253 R-U Rural Urban Dwelling Districts 20-268 1-1 Light Industrial District . . . . . . . . . . . 20-260 ... Construction R-1 One -Family Dwelling District . . . . . 20-184 R-1AA and R-lA One -Family Dwelling R-T Mobile Home Park Districts, appli- cation for construction ........... 20-317 Districts ........................ 20-164 Definitions ............................. 20-1 R-1AAA Single -Family Dwelling Dis- Districts tricts . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-124 C-1 Neighborhood Commercial Districts 20-231 et seq. R-3 Multiple -Family Dwelling Districts 20-209 C-2 General Commercial and Industrial R-CI Single -Family Dwelling Districts . 20-144 Districts ........................ 20-251 et seq. R-U Rural Urban Dwelling Districts ... 20-269 C-3 Highway 17-92 Commercial District 20-346.3 C-1 Neighborhood Commercial Districts CC Commerce Center District......... 20-345 et seq. Building height regulations ........... 20-235 Changes and amendments ............ 20-104 Bulk regulations ..................... 20-237 Division of city....................... 20-101 Conditional uses ..................... 20-234 GreeneWay Interchange Zoning District 20-328 et seq. Generally ............................ 20-231 I-1 Light Industrial District . . . . . . . . . . . 20-258 et seq. Off-street parking regulations ......... 20-238 Official zoning map, working maps and Overlay district regulations........... 20-236 procedures ...................... 20-102 Uses permitted. 1 11 10 6 6 4 1 1 11 0 4 6 4 4 0 1 1 0 1 20-232 Planned unit development C-2 General Commercial and Industrial Part A ............................ 20-351 et seq. Districts Part B ............................ 20-376 et seq. Building height regulations ........... 20-253 R-1 One -Family Dwelling District . . . . . 20-181 et seq. Bulk regulations ..................... 20-255 R-IAA and R-lA One -Family Dwelling Generally. 1 4 0 1 1 1 1 1 1* 4 6 4 1 1 20-251 Districts........................ 20-161 et seq. Outdoor storage and warehousing re- R-1AAA Single -Family Dwelling Dis- quirements tricts ..........................4 20-121 et seq. Supplemental requirements ........ 20-256 R-3 Multiple -Family Dwelling Districts 20-206 et seq. Uses permitted ....................... 20-252 R-CI Single -Family Dwelling Districts . 20-141 et seq. C-3 Highway 17-92 Commercial District Restrictions upon lands, buildings and Building height regulations ........... 20-346.2 structures ...................... 20-103 Bulk regulations ..................... 20-346A R-T Mobile Home Park Districts....... 20-311 et seq. Conditional uses ..................... 20-346.3 R-U Rural Urban Dwelling Districts ... 20-266 et seq. Generally ............................ 20-346 T-1 Trailer Home Districts ............ 20-291 et seq. Uses permitted ....................... 20-346.1 Town Center District Code ............ 20-320 et seq. Supp. No. 16 3141 WINTER SPRINGS CODE Section Section ZONING (Cont'd.) ZONING (Cont'd.) Division of city ......................... 20-101 Lot coverage Exceptions ............................. 20-414 R-1 One -Family Dwelling District ..... 20-187 Final development plan R-1AA and R-lA One -Family Dwelling Alterations, . I I I I 1 0 d 0 1 1 6 1 1 1 1 1 d 0 * 4 4 1 1 1 1 20-359 Districts........................ 20-167 Planned unit development Part A...... 20-357 R-lAAA Single -Family Dwelling Dis- Final engineering plan tricts ........................... 20-127 Planned unit development Part B, ap- R-3 Multiple -Family Dwelling Districts 20-212 proval .......................... 20-384 R-CI Single -Family Dwelling Districts . 20-147 Final subdivision plan R-U Rural Urban Dwelling Districts ... 20-272 Planned unit development Part B ..... 20-383 Master plan Alterations ........................ 20-386 Planned unit development Part B ..... 20-382 Flood damage prevention ................ 8-1 et seq. Alterations ........................ 20-385 See: FLOOD DAMAGE PREVENTION Motor vehicles Front yard regulations. See herein: Yards Authorized commercial vehicles and Open Spaces Limited -term parking permits. 20-436 Gasoline stations ....................... 20-418 Residential areas, in ............... 20-434 GreeneWay Interchange Zoning District Residentially zoned districts, in ..... 20-435 Buffers and walls .................... 20-336 Commercial vehicles defined .......... 20-432 Building and screening design guide- Exempted vehicles, , 11 4 4 4 4 * 4 4 1 1 11 *1 f 4 20-437 lines ............................ 20-340 Parking areas on residential lots: design Building height ...................... 20-331 requirements.................... 20-439 Cross -access easements ............... 20-339 Parking vehicles in residential front yards Developer's agreement ................ 20-341 and on sidewalks prohibited...... 20-438 General uses and intensities 1 ........ 1 20-329 Parking, storage or maintenance of cer- Land coverage ....................... 20-333 tain vehicles prohibited in residen- Landscaping ......................... 20-335 tially zoned districts............. 20-431 Permitted uses, conditional uses, acces- Storage, repair, etc., of disabled motor sory uses and structures, off-street vehicles; approved ............... 20-433 parking and driveway requirements 20-334 Official zoning map, working maps and Prohibited uses ...................... 20-330 procedures ........................ 20-102 Purpose ............................. 20-328 Off-street parking regulations Setbacks ............................. 20-332 C-1 Neighborhood Commercial Districts 20-238 Utility lines, . 20-338 R-1 One -Family Dwelling District ..... 20-189 1-1 Light Industrial District R-lAA and R-lA One -Family Dwelling Building height regulations ........... 20-260 Districts ........................ 20-169 Bulk regulations ..................... 20-262 R-1AAA Single -Family Dwelling Dis- Conditional uses ..................... 20-261 tricts........................... 20-128 Enclosed buildings; outside storage .... 20-263 R-3 Multiple -Family Dwelling Districts 20-213 Generally, 1 4 0 6 1 4 1 11 1 1 4 4 4 * 1 11 1 1 11 f * 20-258 R-CI Single -Family Dwelling Districts . 20-148 Uses permitted. , I I I 1 0 1 0 4 4 0 1 1 1 1 1 9 * 4 20-259 R-U Rural Urban Dwelling Districts ... 20-273 Interpretation, purpose and conflict.,,,,, 20-5 Outdoor storage and warehousing require - Kennels; zoning, . * * 4 20-416 ments Land development ...................... 9-1 et seq. Supplemental requirements in C-2 Gen - See: LAND DEVELOPMENT eral Commercial and Industrial Dis- Land use decisions (procedures) tricts ........................... 20-256 Administrative appeals ............... 20-35 Parking, storage or maintenance of vehi- Applications ......................... 20-29 cles. See herein: Motor Vehicles City commission; authority............ 20-27 Permits Conditional uses ..................... 20-33 T-1 24lailer Home Districts ............ 20-293 Due process; special notice require- Permitted uses ments .......................... 20-28 Planned unit development Expiration of conditional use, variance, Part A ............................ 20-353 waiver approvals ................ 20-36 Part B ............................ 20-379 Intent; purpose,,,,,'',,,,, 01,1111*400 20-26 Planned unit developments Rezonings ........................... 20-31 Part A planned unit development Staff review .......................... 20-30 Appeal ............................ 20-362 Variances ............................ 20-32 Control of development following ap- Waivers .............................. 20-34 proval after construction com- Limitations on residential densities ...... 20-419 pleted........................ 20-360 Supp. No. 16 3142 CODE INDEX Section Section ZONING (Cont'd.) ZONING (Cont'd.) Definitions. 20-351 Conditional uses ..................... 20-163 Final development plan. 20-357 Designation .......................... 20-161 Alterations to ................... 20-359 Front, rear and side yard regulations .. 20-166 Intent and purpose of district....... 20-352 Lot coverage ......................... 20-167 Permitted uses .................... 20-353 Off-street parking regulations ......... 20-169 Preliminary development plan ...... 20-356 Use, area and yard exceptions......... 20-168 Alterations to ................... 20-358 Uses permitted....................... 20-162 Procedure for approval . . . . . . . . . . . . . 20-355 R-1AAA Single -Family Dwelling Districts Site development standards . . . . . . . . 20-354 Building area regulations . . . . . . . . . . . . . 20-125 Time restrictions on approval, 20-361 Building height regulations . . . . . . . 11 . . 20-124 Part B planned unit development Conditional uses ..................... 20-123 Appeal ............................ 20-389 Designation.......................... 20-121 Control of development following ap- Front, rear and side yard regulations .. 20-126 proval after construction com- Lot coverage ......................... 20-127 pleted.......................0 20-387 Off-street parking regulations......... 20-128 Definitions .................6146640 20-376 Uses permitted....................... 20-122 Final engineering plan approval .... 20-384 R-3 Multiple -Family Dwelling Districts Final subdivision plan, . 20-383 Building area regulations............. 20-210 Alterations to ................... 20-386 Building height regulations ........... 20-209 Intent and purpose of district....... 20-377 Conditional uses ..................... 20-208 Interpretation, purpose and conflict . 20-378 Designation .......................... 20-206 Master plan ....................... 20-382 Front, rear and side yard regulations.. 20-211 Alteration to.,, 20-385 Lot coverage......................... 20-212 Permitted uses .................... 20-379 Off-street parking regulations ......... 20-213 Procedure for approval of planned unit Uses permitted, 1. 6 1 0 4 0 0 0 0 0 9 11 20-207 development .................. 20-381 R-CI Single -Family Dwelling Districts Site development standards ........ 20-380 Building area regulations ............. 20-145 Time restrictions on approval....... 20-388 Building height regulations ........... 20-144 Setback requirements (minimum) ..... 6-87 Conditional uses ..................... 20-143 Planning and zoning board Designation. I a 0 1 0 + 0 1 0 4 1 20-141 Assistants ........................... 20-58 Front, rear and side yard regulations.. 20-146 Compensation; allowances for expenses Lot coverage . 1 . 1 . 1 ................... 20-147 incurred in performance of duties. 20-55 Off-street parking regulations ......... 20-148 Composition, appointment of members. 20-52 Uses permitted. .1 6 4 0 4 6 0 0 0 4 1 1 20-142 Created, it 6 4 0 4 + 4 4 0 0 4 9 1 0 1 1 1 4 4 6 0 0 1 1 1 4 1 1 20-51 Rear yard regulations. See herein: Yards Duties; general, ...................... 20-57 and Open Spaces Meetings; quorum; records to be kept .. 20-56 Residentially zoned districts, parking, stor- Term; filling vacancies; removal of mem- age or maintenance of certain vehi- bers ............................ 20-53 cles prohibited in .................. 20-431 Preliminary development plan Restrictions upon lands, buildings and strue- Planned unit development Part A...... 20-356 tunes .............................. 20-103 Alterations ........................ 20-358 Rezoning Prohibited uses Land use decisions (procedures) ....... 20-31 R-T Mobile Home Park Districts....... 20-315 Official zoning map, working maps, pro - Purpose of provisions ................... 20-3 cedures........................1 20-102 114 One -Family Dwelling District R-T Mobile Home Park Districts, appli- Building height regulations ........... 20-184 cation for rezoning .............. 20-316 Building site area regulations ......... 20-185 Waiting period for .................... 2-117 Conditional uses ..................... 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, 20-318 Uses permitted, 1 0 4 1 6 4 * 4 0 4 1 1 1 1 11 20-182 Prohibited uses ...................... 20-315 R-1AA and R-lA One -Family Dwelling Dis- Rezoning, application ................. 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 Supp, No. 16 3143 ZONING (Cont'dI R-U Rural Urban Dwelling Districts Building height regulations .......... . Building site area regulations ........ . Conditional uses .................... . Front, rear and side yard requirements Generally ............................ Lot coverage ........................1 Off-street parking regulations ....... 1 . Uses permitted ...................... . Scope of provisions. 4 0 6 Sexually oriented businesses Generally ............................ Side yard regulations. See herein: Yards and Open Spaces Site development standards Planned unit development PartA ............................ PartB ............................ R-T Mobile Home Park Districts...... . S.R. 434 corridor overlay plan Creation ............................. General design standards for new devel- oprrrerrt area Applicability to new development over- lay zoning district, Buffers and walls ................. . Building and screening design guide- lines ......................... Building height, . Corridor access management ...... . Development agreement........... . Land coverage ..................... Landscaping, Off-street parking and driveway re- quirements ................... Setbacks .......................... Signs............................. Utility lines ...................... . General design standards for redevelop- ment area Applicability to redevelopment over- lay zoning district, Buffers and walls ................. . Building and screening design guide- lines ......................... Building height .................... Corridor access management ...... . Development agreement........... . Intent ............................. Landscaping, I Off-street parking and driveway re- quirements ................... Setbacks .......................... Signs............................. Utility lines ...................... . WINTER SPRINGS CODE Section Section ZONING (Cont'd.) Storage, outdoor 20-269 Supplemental requirements in C-2 Gen- 20-270 eral Commercial and Industrial Dis- 20-268 tricts ........................... 20-256 20-271 Storage, repair, etc., of disabled motor ve- 20-266 hicles; approved ................... 20-433 20-272 T-1 'trailer Home Districts Building site area regulations ......... 20-295 20-273 Description of district, . 1 0 4 0 1 & 20-291 20-267 Minimum front, rear and yard regula- 20-4 tions ........................... 20-296 Permits .............................. 2 0-2 93 10-100 Special requirements ................. 20-297 Uses permitted ....................... 20-292, 20-294 Telecommunications towers .............. 20-451 Trailers In residential areas, . 20-411 20-354 Uses ................................ 20-412 20-380 Use, area and yard exceptions _R.-1 One -Family Dwelling District ..... 900-188 20-314 R-lAA and R-lA One -Family Dwelling Districts ........................ 20-168 20-462 Uses permitted C-1 Neighborhood Commercial Districts 20-232 C-2 General Commercial and Industrial Districts ........................ 20-252 C-3 Highway 17-92 Commercial District 20-346.1 20-463 CC Commerce Center District ......... 20-345.1 20-469 I-1 Light Industrial District........... 20-259 R-1 One -Family Dwelling District ..... 20-182 20-473 R-lAA and R-lA One -Family Dwelling 20-464 Districts ........................ 20-162 20-472 R-1AAA Single -Family Dwelling Dis- 20-474 tricts ........................... 20-122 20-466 R-3 Multiple -Family Dwelling Districts 20-207 20-468 R-CI Single -Family Dwelling Districts . 20-142 R-T Mobile Home Park Districts....... 20-313 20-467 R-U Rural Urban Dwelling Districts ... 20-267 T-1 Trailer Home Districts ............ 20-292, 20-294 20-465 Variances 20-470 Expiration of variance approvals ...... 20-36 20-471 Land use decisions (procedures)....... 20-32 Violation, penalty,,,,,,,,,,,,,,,,, 20-6 Waivers Expiration of waiver approvals ........ 20-36 20-480 Land use decisions (procedures) ....... 20-34 20-485 Yards and open spaces C-1 Neighborhood Commercial Districts 20-237 20-489 R-1 One -Family Dwelling District 20-481 Front, rear and side yard regulations 20-186 20-488 Use, area and yard exceptions . . . . . . 20-188 20-490 R-1AA and R-lA One -Family Dwelling 20-461 Districts ........................ 20-166 20-484 Use, area and yard exception . . . . . . . 20-168 R-1AAA Single -Family Dwelling Dis- 20-483 tricts ........................... 20-126 20-482 R-3 Multiple -Family Dwelling Districts 20-211 20-486 R-CI Single -Family Dwelling Districts . 20-146 20-487 R-U Rural Urban Dwelling Districts ... 20-271 Supp. No. 16 3144 CODI; INDEX Section ZONING (Cont'd4 T-1 Trailer Home Districts ............ 20-296 Zoning board. See herein: Planning and Zoning Board Zoning map Certain ordinances not affected by Code 1-7(15) Section Supp. No. 16 3145