HomeMy WebLinkAboutSupplement No.12SUPPLEMENT NO. 12
June 2008
CODE OF ORDINANCES
City of
' . . . ' , • ,
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 2008-07, adopted April 14, 2008.
See the Code Comparative Table for further information.
Included in the Charter is:
Ordinance No. 2008-09, adopted May 27, 2008.
See the Charter Comparative Table for further information.
Remove old pages
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Insert and maintain this instruction sheet in front of this publication. File
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MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1-800-262-CODE
Website: www,municode.com
TABLE OF CONTENTS
i
Current Officials of the City ..................................
Preface..................................................... v
Adopting Ordinance .........................................
Checklist of Up -to -Date Pages ................................ [1]
CHARTER
Charter..................................................... 1
Art. I. Corporate Name .................:........... 3
Art. H. Territorial Boundaries ....................... 3
Art. III. Powers of the City. 0 3
Art. IV. Governing Body ........................... 0 3
Art. V. City Manager ............................... 7
Art. VI. Administrative Departments ................ 8
Art. VII. Financial Procedure ........................ 9
Art. VIII. Nominations and Elections ................ 10
Art. DX. Initiative and Referendum .................. 11
Art. X. Amendments ................................ 13
Art. XI. Severability. ......................Dammam.... 13
Art, XII. Powers..... $90 13
Art. XIII. Transitional Provisions .................... 13
Charter Comparative Table .................................. 67
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions ....................................... 77
2. Administration........ 00000066000 0*0 04000#0 060*00* 0*0 0#0 133
Art. I. In General ................................... 136.1
Art, II. City Commission ............................ 136.2
Art. III. Boards, Committees, Commissions ........... 136.2
Div. 1. Generally ............................... 136.2
Div. 2. Code Enforcement ....................... 138
Subdiv. A. Board ........................... 138
Subdiv. B. Citations ........................ 140.3
Div. 3. Reserved.... ... me 49 at & 6 0 0 0 0 9 9 0 0 0 0 0 0 a 0 6 a 144
Div. 4. Beautification Board ..................... 144
Art. IV. Elections ................................... 145
Art. V. Annexations and Rezoning ................... 148
Art, VI. Finance.... 060 148
Div. 1. Generally ............................... 148
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Purchasing .............................. 148
Div. 3. City -Owned Personal Property ............ 148.1
Art. VII. Emergency Management .................. a 149
Div. 1. Generally ............................... 149
Div. 2. Conditions of Emergency ................. 152
3. Alcoholic Beverages ...................................... 203
4. Animals, --------- 21F;7
5. Tree Protection and Preservation ......................... 309
App. A. Undesirable Trees .......................... 327
App. B. Desirable Trees ............................. 329
App. C. Caculating Tree Protection Zone ............. 334
App. D. Tree Protection Area Signage ................ 353
6. Buildings and Building Regulations ....................... 365
Art. I. In General ........ . .......... . ...F9
Art. II. Administration.. 369
Div. 1. Generally ............................... 369
Div, 2. Reserved.......... 377
Art. III. Building Construction Standards ............ 377
Art. IV. Electricity .................................. 378.3
Art. V. Plumbing ................................... 378A
Art. VI. Mechanical... 379
Art. VII. Unsafe Buildings .......................... 379
Art. VIII. Fences, Walls, Hedges ..................... 380
Art. IX. Swimming Pools ............................ 382
Art, X. Gas Code ................................... 386
Art. XI. Reserved.............. & 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 Department ............................. 435
Art, II. In General .................................. 435
Art. III. Local Amendment to the Florida Fire Preven-
tion Code .................................. 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 ....................................... 555
Art. I. In General ................................... 561
Art. H. Procedure for Securing Approval of Plans and
Plats ....................................... 564.2
Div. 1. Generally ............................... 564.2
Div. 2. Preliminary Plan ........................ 564.2
Supp. Mn 12 g
TABLE OF CONTENTS—Conva,
Chapter Page
Div. 3. Final Development Plan, Final Plat ....... 566
Art. III. Design Standards .......................... 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.......... ... 00090*060 0 64 0664*04* 584.1
Div. 6. Off -Street Parking and Loading........... 585
Div. 7. Dumpsters .............................. 591
Art. V. Design Standards ............................ 592
Art. VI. Site Plan Review ........................... 604
Div. 1. Generally ............................... 604
Div. 2. Site Plan Review Board....... 604
Art. VII. Uniform Building Numbering System ....... 605
Art. VIII. Impact Fees .............................. 607
Div. 1. Generally ............................... 607
Div. 2. Transportation Facilities ................. 607
Div. 3. Police, Fire, Public Buildings and Parks and
Recreation .............................. 627
Div. 4. Reserved................ 632
Art. IX. Vested Rights .............................. 632
Art. X. Concurrency Administration and Evaluation Pro-
cedure...................................... 638
Div. 1. Overview and Exemptions ................ 638
Div. 2. Levels of Service Standards (LOS) ........ 641
Div. 3. Concurrency Administration .............. 643
Div. 4. Appeal Procedures ....................... 644
Div. 5. Transportation Facility Proportionate Fair"
Share Mitigation Program ................ 644.1
Art. XI. Nonconformities ............................ 644.6
Art. XII. Minimum Community Appearance and Aes-
thetic Review Standards.. sea 00#00*0 so* 69 4 649
10. Licenses and Business Regulations ...................... 693
Art. I. In General.... 0 66 *#66 048 000 695
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 .................................. 761
Art. I. In General ................................... 817
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Art. H. Administration .............................. 818
Art. III. Regulations ................................ 820
Div. 1. Generally ............................... 820
Div. 2. Stopping, Standing, Parking .............. 822
13. Nuisances, . 0 9 0 8 A 0 0 & a 0 0 0 0 4 0 # 4 0 0 a 0 0 0 0 a 0 0 4 0 & & 0 0 a 6 0 0 0 6 0 873
Art. I. In General, . 9 * a 0 9 0 0 0 6 * 0 0 a & 0 0 0 0 0 a d 9 0 0 & a & 0 0 0 0 a 875
Art. II. Noise. # a & 0 * 0 0 a 6 4 0 0 & 0 0 0 too&#** 0 0 9 a 0 0 d 9 0 a & 0 879
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 ............... 0 880.4
Div. 5. Sound Levels by Receiving Land Use. . * 0 0 6 880.5
Div. 6. Measurement Procedures, . & 0 4 0 0 9 0 * o * 0 & & 0 a 880.6
Div. 7. Enforcement... 9 a # 0 0 9 6 6 0 0 0 880.7
Art. III. Fire and Security Alarms ................... 880.8
Arlo iV. iv iscenaneous Auisances ................... 0 881
Art. V. Public Nuisance Abatement Board ............ 882
14. Personnel .............................................. 931
Art. I. In General, . 0 * to d 4 0 9 6 6 0 4 0 * & 6 4 0 & 0 6 a P 0 W 0 4 0 0 6 6 933
Art. 11. Old Age and Survivors insurance ............. 933
Art. III. Pension Plan ............................... 934
15. Planning ............................................... 985
Art. I. In General, . 6 * 6 do a 0 f 0 0 a 0 4 0 a & & 4 0 9 0 & 6 4 0 & 0 6 0 0 0 0 987
Art. II. Comprehensive Plan ......................... 987
Art. III. Comprehensive Plan Amendments ........... 987
16. Signs and Advertising, . 4 0 a 6 0 0 a 0 6 0 0 4 a & 6 P 0 0 0 a 6 1 4 a 0 6 0 0 0 a 0 o 1041
Art. I. In General ................................... 1043
Art. II. Distribution of Handbills and Periodicals ..... 1043
Art, III. Signs.....................................4 1045
Div. 1. Generally ............................... 1045
Div. 2. Standards ............................... 1050
17. Streets, Sidewalks and Other Public Places, . 0 & 6 & 1101
Art. I. In General, . * 6 0 & 4 9 a 0 6 4 0 0 6 & 6 0 0 6 & 6 0 4 1103
Art, II. Streets ..................................... 1103
Art. III. Sidewalks.................................0 1105
Art. IV. Excavations...............................0 1105
18. Taxation ............................................... 1157
Art. I. In General ................................... 1159
Art. II. Municipal Public Service Tax ................. 1159
Art. III. Local Improvements Assessments............ 1162
Div. 1. Generally ............................... 1162
Div. 2. Assessed Areas and Advisory Committees.. 1164
Div. 3. Local Improvement Assessments .......... 1166
Div. 4. Related Service Assessments .............. 1169
Div. 5. Collection of Assessments ................ 1173
Div. 6. Issuance of Obligations ................... 1175
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TABLE OF CONTENTS-Cont'd.
Chapter Page
Div. 7. General Provisions ....................... 1176
Div. 8. Specific Special Assessment Disticts and
Areas ................................... 1176
Art. IV. Fire Rescue Assessment ..................... 1177
Div. 1. Introduction ............................. 1177
Div. 2. Annual Fire Rescue Assessments.......... 1180
Div. 3. Collection and Use of Fire Rescue Assess-
ments ................................... 1186
Div. 4. General Provisions ....................... 1189
19. Utilities ................................................ 1227
Art. I. Solid Waste .................................. 1230.1
Art. II. Wastewater System ......................... 1230.1
Div. 1. Generally ............................... 1230.1
Div. 2. Administration .......................... 1232
Div. 3. Use Regulations ......................... 1235
Div. 4. Rates, Fees and Charges ................. 1238
Div. 5. Sewerage Revenue Generation System .... 1251
Art. III. Reclaimed Water System .................... 1253
Art. IV. Potable Water Supply ....................... 1256
Div. 1. Generally ............................... 1256
Div. 2. Cross -Connection Control, Backflow Preven-
tion..................................... 1256
Art. V. Stormwater Management Utility .............. 1257
Art. VI. Water Shortage Conditions and Shortages .... 1260.7
Art. VII. Reserved... @*000 *&*a*@ 00 1263
Art. VIII. Utility Protection and Enforcement......... 1263
20. Zoning ................................................. 1305
Art. I. In General ................................... 1311
Art. II. Administration... 1316
Div. 1. Procedure; Land Use Decisions ........... 1316
Div. 2. Planning and Zoning Board ............... 1321
Div. 3. Board of Adjustment ..................... 1323
Art. III. Establishment of Districts .................. 1324
Div. 1. Generally .............................. 0 1324
Div. 2. R-1AAA Single -Family Dwelling Districts.. 1326
Div. 3. R-CI Single -Family Dwelling District...... 1327
Div. 4. R4AA and R4A One -Family Dwelling Dis-
tricts .................................... 1328
Div. 5. R-1 One -Family Dwelling Districts ........ 1330
Div. 6. R-3 Multiple -Family Dwelling Districts .... 1330
Div. 7. C-1 Neighborhood Commercial Districts ... 1332
Div. 8. C-2 General Commercial District.......... 1332.2
Div. 8.5. I4 Light Industrial District ............. 1334
Div. 9. R-U Rural Urban Dwelling Districts ...... 1336.1
Div. 10. T-1 Trailer Home Districts ............... 1336.2
Div. 11. R-T Mobile Home Park Districts ......... 1337
Div. 12. Town Center District Code ............. a 1341
Div. 13. Greeneway Interchange Zoning District .. 1342.36
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Div. 14. CC Commerce Center Zoning District .... 1342.52
Div. 15. C-3 Highway 19-92 Commercial District.. 1342.54
Art. IV. Planned Unit Developments ................ 0 1343
Div. 1. Generally ..............................0 1343
Div. 2. Part A. Planned Unit Development........ 1343
Div. 3. Part B. Planned Unit Development........ 1352
Art. V. Supplemental District Regulations ............ 1364
Div. 1. Generally ............................... 1364
Div. 2. Motor Vehicles ..........................0 1366
Div. 3. Siting and Regulation of Telecommunica-
tions Towers ............................. 1369
Art. VI. S.R. 434 Corridor Vision Plan ............... 1378.2
Div. 1. S.R. 434 Corridor Overlay District ....... 0 1378.2
Div. 2. General Design Standards for New Develop-
ment Area ............................... 1378.3
Div. 3. General Design Standards for Redevelop-
mentArea ............................... 1391
Div. 4. Reserved ................................ 1404
Code Comparative Table-1974 Code ......................... 2091
Code Comparative Table —Ordinances ........................ 2093
State Law Reference Table ................................... 2145
Charter Index ............................................... 2197
CodeIndex ................................................. 31010
Supp. No. 12 Xlv
Checklist of Up -to -Date Pages
his 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
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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 135, 136 9
iii 10 136.1, 136.2 3
v, vi OC 137, 138 8
vii, viii OC 139, 140 8
ix, x 12 140.1, 140.2 2
xi, xii 12 140.3, 140.4 2
xiii, xiv 12 1412 142 1
1, 2 2 143, 144 10
3, 4 2 145, 146 6
5, 6 2 147, 148 12
7, 8 2 148.1, 148.2 12
9, 10 2 149, 150 OC
11, 12 2 151, 152 OC
13, 14 3 203, 204 4
15, 16 12 205, 206 4
17, 18 12 207, 208 4
19, 20 12 257 OC
21 12 259 OC
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77, 78 4 311, 312 5
79, 80 OC 313, 314 10
81, 82 OC 315, 316 5
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133, 134 9 319, 320 5
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335, 336 5 5572558 6
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33,434 3 599, 600 OC
435, 436 2 601,602 OC
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43% 440 OC 605,606 2
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635, 636 OC 873, 874 7
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644.31 644.4 10 880.5, 880.6 7
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124% 1250 3 1342.15, 1342016 1
1251, 1252 3 1342017, 1342.18 1
1253, 1254 3 1342019, 1342.20 1
1255, 1256 3 1342.21, 1342.22 1
1257, 1258 6 1342.23, 1342.24 1
125% 1260 6 1342.25, 1342626 1
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i � 1
The territorial boundaries of the City of Winter
Springs, Florida, shall be: All those certain par-
cels of land lying and being in Seminole County,
Florida, more particularly described as follows:
Beginning at the intersection of the South line of
North Orlando Ranches, Section 3, Extended, as
recorded in Plat Book 12, Page 34, Public Records
of Seminole County, Florida, with the West line of
Section 10, Township 21 South, Range 30 East;
run thence North 81°46'40" East a distance of
1289.14 feet to the Southwest corner of Lot 3,
Block C, North Orlando Ranches Section 3; thence
North 81°46'40" East a distance of 1375.24 feet to
the Southeast corner of Lot 8, said Block C;
thence North 04°27'08" East a distance of 317.00
feet; thence North 81°46'35" East a distance of
2102.08 feet; thence South 03°1951" West a dis-
tance of 650.00 feet to the Southwest corner of Lot
7, Block D, North Orlando Ranches Section 1, as
recorded in Plat Book 12, Page 3, Public Records
of Seminole County, Florida; thence North 81°51'29"
East a distance of 972.03 feet; thence South
05°18'29" West a distance of 2251.91 feet to the
Southwest corner, Tract A, North Orlando Ranches,
Section 7, as recorded in Plat Book 13, Page 3,
Public Records of Seminole County, Florida; thence
North 82051'47" East a distance of 3099.38 feet
along the South line of North Orlando Ranches,
Section 7, to the East right-of-way of Fisher Road
and a curve concave Westerly with a radius of
627.35 feet; run thence 148.84 feet Southerly
along said curve through a central angle of
13°35'38" to the Point of Tangency; thence South
04°07'45" West a distance of 1389.66 feet to the
Southeast corner of that parcel of land described
in O.R. Book 04355, Page 0863, Public Records of
Seminole County, Florida; run thence Easterly
approximately 680 feet to the Southeast corner of
said parcel; thence North 02°43'24" West a dis-
tance of 382.41 feet; thence North 08°20'54" West
a distance of 213.03 feet; thence North 00°20'12"
West a distance of 567.05 feet; thence South
85°28'11" East a distance of 234.36 feet; thence
North 04013'22" East a distance of 173.18 feet;
thence North 63°16'04" East a distance of 232.31
feet; thence South 85054'28" East a distance of
162.43 feet; thence South 01°2658" West a dis-
App. A
tance of 295.40 feet, thence South 85°2811 East
a distance of 361.18 feet; thence North 00°5121"
East a distance of 301.09 feet; thence South
85°22'34" East a distance of 297.19 feet to the
Northwest corner of Tuscawilla Unit 5 as re-
corded in Plat Book 20, Page 18, Public Records of
Seminole County, Florida; thence South 04°57'42"
West a distance of 300.00 feet; thence South
00°19'33" East a distance of 1057.79 feet to the
Southwest corner of said Tuscawilla Unit 5; thence
North 74°46'52" East a distance of 795.72 feet to
the Northwest corner of Tuscawilla Trails Sub&
vision as recorded in Plat Book 41, Page 6, Public
Records of Seminole County, Florida; thence South
03°15' West a distance of 100.00 feet; thence
South 86048' East a distance of 1090.71 feet to the
West right-of4ay line of Tuskawilla Road and a
point on a curve concave Southeasterly having a
radius of 648.31 feet; run 166.37 feet Northerly
along said curve through a central angle of
14042111"; thence North 86046'09" West a dis-
tance of 43.09 feet; thence North 43°25'40" East
along the West right-of-way line of Tuskawilla
Road a distance of 897.60 feet; thence South
84056'22" East a distance of 484.37 feet to the
West line of Winter Springs Unit 4 as recorded in
Plat Book 18, Page 7, Public Records of Seminole
County, Florida; thence South 04°04'15" West
along said West line a distance of 1944.22 feet to
the Southeast corner of Lake Tuskawilla Phase 1
as recorded in Plat Book 34, Page 69, Public
Records of Seminole County, Florida; thence North
84055'22" West a distance of 1121.09 feet to the
West right-of-way line of Tuskawilla Road; thence
South 04024'22" West along said West right-of-
way line a distance of 865.48 feet; thence South
85°00'00" East a distance of 1220.50 feet; thence
South 57°08'04" East a distance of 184.34 feet;
thence South 35°08'02" East a distance of 164.69
feA; thence North 37009'51" East a distance of
190.00 feet to the Northwest corner of Lot 11,
Block D, Winter Springs, as recorded in Plat Book
15, Page 81, Public Records of Seminole County,
Florida; thence South 52°50'29" East a distance of
170.00 feet; thence North 3700951" East a dis-
tance of 99.14 feet; thence South 52°50'29" East a
distance of 284.65 feet; thence North 31°06'10"
East a distance of 226.87 feet; thence South
85°00'00" East a distance of 458.83 feet; thence
South 20°29'25" West a distance of 50.00 feet;
Supp. No. 12 15
App. A
WINTER SPRINGS CODE
thence South 56°17'22" East a distance of 258.58
feet; thence North 42°3449" East a distance of
247.48 feet; thence South 52°50'49" West a dis-
tance of 314.86 feet to the Northeast corner of Lot
11, Block G of the aforesaid Winter Springs;
thence Southwesterly along the East boundary of
Winter Springs to the Southeast corner of Winter
Springs; thence South 05°00'00" West a distance
of 33.00 feet to the South line of Gardena Farms
as recorded in Plat Book G, Page 23, Public
Records of Seminole County, Florida; thence South
85°00'00" East a distance of 2837.17 feet to the
Southeast corner of Gardena Farms; thence South
84°48'16" East a distance of 2404.62 feet to the
Southeast corner of Winter Springs Unit 3 as
recorded in Plat Book 17, Page 89, Public Records
of Seminole County, Florida; thence North 00°15'09"
East a distance of 2167.89 feet; thence North
87002'43" East a distance of 1083.26 feet; thence
North 85°14'00" East a distance of 602.06 feet;
thence South 00°14'26" East a distance of 687.30
feet; thence South 60°34129" East a distance of
750.00 feet to the Northeast corner of Tuska
Ridge Unit 4 as recorded in Plat Book 46, Page 78,
Public Records of Seminole County, Florida; thence
South 50°17'37" West a distance of 423.20 feet; to
the point of curvature of a curve concave easterly
having a radius of 750.00 feet; run thence South-
easterly along said curve through a central angle
of 138°34'35" a distance of 1813.96 feet; thence
South 01011'40" West a distance of 484.48 feet;
thence South 57048'19" West a distance of 36.75
feet to the Northwest corner of Lot 12, Oviedo
Crossing, Phase 1B as recorded in Plat Book 47,
Page 80, Public Records of Seminole County Flor-
ida; run thence Easterly and Northerly along the
Western boundary of Lot 12 of Oviedo Crossing,
Phase 1B to the Northeast corner of said Lot 12
which is on the West right-of4ay of Dovera Drive
as shown on the plat of Oviedo Crossings, Phase 3
recorded in Plat Book 53, Page 29, Public Records
of Seminole County Florida, said point being
North 13°45'09" East 128.28 feet from the South-
west corner of said plat; run thence Northeasterly
along the west right-of-way line of Dovera Drive a
distance of 1004.00 feet; thence North 73°53'18"
West a distance of 156.52 feet; thence North
14041'17" West a distance of 167.67 feet; thence
South 88°50'21" West a distance of 532.80 feet;
thence North 00°14'26" West along the East bound-
ary and an extension thereof of Tuskawilla Unit 7
as recorded in Plat Book 22, Page 41, Public
Records of Seminole County, Florida a distance of
2157.34 feet to the Southwest corner of Tuskawilla
Unit 13 recorded in Plat Book 29, Pages 1 & 2,
Public Records of Seminole County, Florida; thence
North 89°51'03" East a distance of 2741.19 feet;
thence South 86°51'22" East a distance of 58 feet
to the Southeast corner of said Tuskawilla Unit
13 and the Southwest corner of Chestnut Estates
Phase 1 as recorded in Plat Book 48, Page 47,
Public Records of Seminole County, Florida; run
thence along the South line of said Chestnut
Estates Phase 1, South 86°51'22" East a distance
of 1227.44 feet; run thence North 00°04'00" East
along the East line of said Chestnut Estates,
Phase 1 a distance of 1660.19 feet to the South-
west corner of Lot 214, Tuscawilla Unit 14B as
recorded in Plat Book 37, Page 6, Public Records
of Seminole County, Florida; thence North 89°15'45"
East a distance of 672.03 feet to the Southeastn coxex° of Lot 219, Tuscawilla Unit 14B, as re-
corded in Plat Book 37, Page 6, Public Records of
Seminole County, Florida; thence North 00°02'21"
East a distance of 989.84 feet to the South line of
Lot 229, Tuscawilla Unit 14B; thence South
89°13'52" East a distance of 673.21 feet to the
East right -of --way line of State Road 417; thence
North 00°00'24" East a distance of 1318.99 feet;
thence North 89°09'58" West a distance of 1349.55
A; thence North 00025'38" West a distance of
745.20 feet; thence South 89°58'22" East a dis-
tance of 988.75 feet; thence North 00°40'35" East
along the West right-of-way line of State Road 417
a distance of 745.55 feet; to the point of curvature
of a curve concave Westerly having a radius of
3375.94 feet; run 270.45 feet Northerly along said
curve through a central angle of 04035'24" thence
North 55°45'00" West along the Northerly right-
of-way line of the CSX railroad a distance of
1187.20 feet; thence North 00°30'53" West a dis-
tance of 144.75 feet to the Southwest corner of
Section 4, Township 21 South, Range 31 East;
thence North 88°39'56" East a distance of 1294.50
feet to the Southwest corner of Worthington, as
recorded in Plat Book 55, Page 7, Public Records
of Seminole County, Florida; thence North 00°40'44"
West along the West line of Worthington a dis-
tance of 1134.57 feet; thence South 88°42'20" East
a distance of 77.02 feet; thence North 00°38'03"
Supp. No. 12 16
NEE
East along the West line of Cassa-Villa-Heights
as recorded in Plat Book 10, Page 97, Public
Records of Seminole County, Florida a distance of
655.99 feet; thence South 88042'20" East a dis-
tance of 300.00 feet; thence North 03°12'47" West
a distance of 209.65 feet to the Northerly right-
of4ay line of State Road 417; thence North
84°04'12" West a distance of 267 feet; thence
North 560 feet; thence North 88°5921" East a
distance of 2368.07 feet; thence South 00021'53"
West a distance of 599.93 feet to the North right-
of4ay line of State Road 434; thence North
89°16'58" East along said right-of-way line a
distance of 1005.56 feet; thence North 00005'25"
East a distance of 309.19 feet; thence North
88°48'36" East a distance of 692.15 feet; thence
South 00°21'39" East a distance of 320.94 feet to
the aforesaid North right-oflway line of State
Road 434; thence North 89°23'02" East along said
right -of --way line a distance of 665.45 feet; thence
North 00°37'32" West a distance of 984.12 feet;
thence North 89°4346" East a distance of 409.69
feet; thence North 02°20'25" East a distance of
100.10 feet; thence North 89°43'41" East a dis-
tance of 205.00 feet to the West right -of --way line
of DeLeon Street; thence North a distance of
800.00 feet; thence West a distance of 330.00 feet;
thence North a distance of 70.00 feet; thence West
a distance 330.00 feet; thence North 330.00 feet;
thence East for a distance of 660.00 feet; thence
North 00°58'58" West along the West right-of-way
line of DeLeon Street a distance of 773.18 feet;
thence South 89°13'57" West a distance of 481.69
feet; thence North 09°35'50" East a distance of
29.81 feet; thence South 89°01'14" West a dis-
tance of 6224.16 feet along the North lines of
Sections 3, 4 & 5, Township 21 South, Range 31
East; thence North 00°14'49" West a distance of
1003.76 feet; thence South 72°47'27" West along
the shore of Lake Jesup a distance of 105.28 feet;
thence South 05°34'34" West a distance of 1657.81
feet; thence South 89°18'43" West a distance of
204.30 feet to the West right-of-way line of State
Road 417; thence North 27°20'30" West a distance
of 1550.80 feet; thence North 89°38'22" West a
distance of 1083.88 feet to the East line of Block
B, First Addition to Mineral Springs Park as
recorded in Plat Book 8, Page 46, Public Records
of Seminole County, Florida; thence South 04°31'17"
East a distance of 269.50 feet; thence North
App. A
87°32East a distance of 193.60 feet; thence
South 00°12' West a distance of 321.70 feet;
thence South 06°05' West a distance of 507.30
feet; thence West a distance of 366.60 feet to the
East right-of-way line of Spring Avenue; thence
South 01°01'41" East a distance of 935.08 feet;
thence South 89°51'49" West a distance of 1002.74
feet to the Southwest corner of Lot 16, Philip R.
Yonge Grant, Section 5, Township 21 South, Range
31 East as recorded in Plat Book 1, Page 35,
Public Records of Seminole County, Florida; thence
North 01009'25" West along the west line of said
Lot 16 and Mineral Springs Park 2nd Addition as
recorded in Plat Book 11, Page 45, Public Records
of Seminole County, Florida; a distance of 1495.00
feet; thence Northwesterly along the water's edge
of Lake Jesup 6400 feet, more or less, to the
Northwest corner of St. Johns's Landings as re-
corded in Plat Book 53, Page 45, Public Records of
Seminole County, Florida; Run thence South
29°24'23" West a distance of 592.85 feet to an
extension of the South right-of-way line of Orange
Avenue; thence Northwest along the South right-
of-way of Orange Avenue for a distance of 530.00
feet; thence Northeasterly along the West line of
Lot 10, Tuskawilla Shores, Plat Book 6, Page 93,
Public Records of Seminole County, Florida; for a
distance of 600.00 feet to Lake Jesup; thence
Westerly along said Lake to the Northwest corner
of Lot 5 of the aforesaid plat to Tuskawilla Shores;
thence Southwesterly to the Southwest corner of
said Lot 5; thence Northwesterly along the North
right-of-way of Orange Avenue to the Southwest-
erly corner of Lot 6 of Estes Tuskawilla, Plat Book
8, Page 29, Public Records of Seminole County,
Florida; thence Northeasterly along the West line
of Lot 6 for a distance of 370.00 feet; thence North
60° West to the West line of Lot 5 of said Plat;
thence Northeasterly along said line to Lake
Jesup; thence Westerly along the Shore of Lake
Jesup for a distance of 180.00 feet; thence South-
westerly along the West line of Lot 2 of said Plat
to Orange Avenue; thence Northwesterly along
Orange Avenue 235.00 feet; thence Northeasterly
250.00 feet; thence Southeasterly 100.00 feet;
thence Northeasterly to Lake Jesup; thence along
the shore of Lake Jesup 170.00 feet; thence South-
westerly 700.00 feet to Orange Avenue; thence
Northwesterly along Orange Avenue 750.00 feet;
thence Northeasterly to Lake Jesup; thence along
Supp. No. 12 17
App. A
WINTER SPRINGS CODE
the shore of Lake Jesup 660.00 feet, thence South-
westerly along the West line of the East one half
of Lot 7 and a Southerly extension to the South
right-of-way of Orange Avenue; thence Northwest.
erly along said right-of-way to the Northwest
corner of Lot 12, D.R. Mitchell's Survey of Levy
Grant, Plat Book 1, Page 5, Public Records of
Seminole County, Florida; thence Northeasterly
along the East line of Lot 9 of said Plat to the
water's edge of Lake Jesup; run thence Westerly
along said water's edge a distance of 2550 feet
more or less to the Northeast corner of the West
one half of Lot 3, Block C of the aforesaid D.R.
Mitchell's Survey of the Levy Grant; thence South
08°12'44" East a distance of 1554.89 feet; thence
South 83°05'46" West a distance 250.00 feet;
thence North 07°59'42" West a distance of 1003.64
feet to the Southeast corner of Tract U, Parkstone
Unit 3 as recorded in Plat Book 58, Page 17,
Public Records of Seminole County, Florida; thence
North 06°38'26" West a distance of 500.34 feet to
the NoAheast COY"tlf;i Ol bL'aid Tract C; .cLLitl `vTle�"L-
erly and Northerly along the water's edge of Lake
Jesup approximately 5700 feet to the Northerly
extension of the East line of Lot 10, Block C, D.R.
Mitchell's Survey of the Levy Grant; thence South
08°02'00" East a distance of 2175.66 feet to the
Northeast corner of Entzminger Farms Addition
Number 2 as recorded in Plat Book 5, Page 9,
Public Records of Seminole County, Florida; thence
South 84°25'04" West a distance of 2549.93 feet;
thence North 74°17'03" West a distance of 1608.78
feet; thence South 07°38'40" East along the West
line of Hartmans Industrial Park as recorded in
Plat Book 32, Page 99, Public Records of Seminole
County, Florida a distance of 1081.08 feet to the
South line of The Old Sanford -Oviedo Road; thence
North 76°17'58" West a distance of 231.75 feet;
thence North 07035'42" West a distance of 230.15
feet; thence South 83°14'11" West a distance of
966.96 feet to the East right-of4ay line of State
Road 419 and a curve concave Northeasterly
having a radius of 2129.93 feet; run 700.57 feet
Northerly along said curve and said right-of-way
line through a central angle of 18°50'44"; thence
continue along said right-of4ay line North
12°16'16" West a distance of 4468.27 feet to the
point of curvature of a curve concave Easterly
having a radius of 2423.72 feet; run 705.52 feet
Northerly along said curve through a central
Supp. Mn 12 jg
angle of 16°40'42" to the point of tangency; thence
North 00°30'54" East a distance of 543.18 feet to
the point of curvature of a curve concave Easterly
having a radius of 1560.97 feet; run 369.93 feet
Northerly along said curve through a central
angle of 13°34'42" to the point of reverse curva.
ture of a curve concave Westerly having a radius
of 1846.06 feet; run 358.31 feet Northerly along
said curve through a central angle of 11°07'15";
thence North 0002454" West a distance of 1022.16
feet to the point of curvature of a curve concave
Westerly having a radius of 403.67 feet; run
285.08 feet Northwesterly along said curve through
a central angle of 40°2748" to the Southeastern
right-of4ay line of U.S. Highway 17-92; thence
South 40014'04" West a distance of 502.69 feet;
thence South 49°51'57" East a distance of 160.73
feet; thence North 90000'00" East a distance of
80.00 feet; thence North 00°00'00" East a distance
of 160.00 feet; thence North 90°00'00" East a
distance of 113.62 feet; thence South 00°24'54"
IJai�t a distance of 959.34 feet to the point of
curvature of a curve concave Westerly having a
radius of 1746.07 feet; run 340.77 feet Southerly
along said curve through a central angle of
11°10'56" to the point of reverse curvature of a
curve concave Easterly having a radius of 1660.89
feA; run 388.19 feet Southerly along said curve
through a central angle of 13°23'29"; thence South
00°31'24" West a distance of 540.72 feet to the
point of curvature of a curve concave Easterly
having a radius of 2523.72 feet; run 734.54 feet
Southerly along said curve through a central
angle of 16040'34"; thence South 12016'16" East a
distance of 4468.22 feet to the point of curvature
of a curve concave Easterly having a radius of
1987.00 feet; run 261.57 feet Southerly along said
curve through a central angle of 07°32'33"; thence
South 84014'52" West a distance of 398.33 feet to
the East line of Highland Lake, Phase 2, as
recorded in Plat Book 48, Public Records of Sem-
inole County, FL; thence North 08°07'25" West a
distance of 3411.66 feet; thence North 70°20'58"
West a distance of 1551.22 feet; thence South
81°30'23" West a distance of 851.10 feet to the
Northwest corner of the Highlands, Section 1, as
recorded in Plat Book 18, Page 95, Public Records
of Seminole County, Florida; thence North 00°52'46"
West a distance of 246.20 feet; thence South
89°28'35" West a distance of 744.60 feet; thence
South 00°4146 East a distance of 1220.44 feet;
thence South 85051'51" West a distance of 218.56
feet; thence South 00°45'11" East a distance of
358.83 feet to the North right -of --way line of
Shepard Road; thence South 84°22'19" West a
distance of 82.49 feet to the Southeast corner of
Spring Hammock Replat as recorded in Plat Book
7, Page 96, Public Records of Seminole County,
Florida; thence North 00°41'46" West a distance
of 409.84 feet; thence South 89°51'55" West a
distance of 1182.07 feet to the East right of way of
U.S. Highway 17-92 and a curve concave South-
easterly having a radius of 5758.51 feet; run
975.00 feet Southwesterly along said curve to a
point 5.00 feet South of the South line of Lot 17,
Block B, Oak Grove Park as recorded in Plat Book
7, Page 83, Public Records of Seminole County,
Florida; thence South 60°25'22" East along a line
5.00 feet South of an parallel to said line a
distance of 505.00 feet; thence South 04°06'14"
West a distance of 520.00 feet to the Southeast
corner of Lot 13, said Block B; thence North
67°25'16" West a distance of 653.89 feet to the
East right-of-way line of U.S. Highway 17-92 and
a curve concave Easterly having a radius of 7811.16
feet; run 216.21 feet Southerly along said curve
through a central angle of 01°35'09"; thence South
69°23'37" East a distance of 698.53 feet to the
Northeast corner of Boat Lake Terrace as re-
corded in Plat Book 11, Page 3, Public Records of
Seminole County, Florida; thence South 05°04'21"
West a distance of 199.70 feet; thence North
71°32'45" West a distance of 736.37 feet to the
East right -of --way line of U.S. Highway 17-92 and
a curve concave Easterly having a radius of 7810.10
feet; run 426.73 feet Southerly along said curve
through a central angle of 03°07'50"; thence South
77°09'12" East a distance of 792.13 feet to the
Northeast corner of Lot 4, Block B of the aforesaid
Oak Grove Plat; thence South 05°04'22" West a
distance of 285.45 feet to the North line of
Entzminger Farms Addition Number 3 as re-
corded in Plat Book 6, Page 27, Public Records of
Seminole County, Florida; thence South 83°29'30"
West along said North line a distance of 380.64
feet; thence South 05°17'58" West a distance of
315.34 feet; thence South 83029'14" West a dis-
tance of 495.24 feet to the Easterly right -of --way of
U.S. Highway 17-92; thence South 05052'01" West
along said right -of --way line a distance of 470.66
App. A
feet; thence North 83°26'38" East along the North
right -of --way line of Florida Avenue a distance of
12 38.64 feet to an intersection with the West line
of Block D of Flamingo Springs as recorded in
Plat Book 8, Page 72, Public Records of Seminole
County, Florida; run thence Southeasterly along
said West line of Block D a distance of approxi-
mately 260 feet to the Southwest corner of Lot 9 of
said Block D; run thence North 83°27'09" East a
distance of 374.60 feet to the Southeast corner of
said Lot 9, Block D; thence South 04°43'28" West
a distance of 1205.49 to the Southeast corner of
Williamson Heights as recorded in Plat Book 12,
Page 36, Public Records of Seminole County,
Florida thence South 82°5632" West a distance of
884.25 feet to the Southwest corner of said Wil-
liamson Heights; thence North 04029'00" a Dis-
tance of 297.98 feet; thence South 84°09'57" West
a distance of 825.51 feet to the Easterly right-of-
way line of U.S. Highway 17-92; thence South
04°49'28" West a distance of 303.78 feet to the
North right -of --way line of Nursery Road; thence
North 83044'32" East a distance of 435.72 feet;
thence South 04°21'49" West a distance of 201.84
feet to the Southwest corner of Lot 1, Block D,
Talmo Subdivision as recorded in Plat Book 17,
Page 10, Public Records of Seminole County,
Florida; thence North 83°16'08" East a distance of
473.33 feet through the Southeast corner of Lot
12, said Block D, to the East right-of4ay line of
Talmo Street; thence South 04°45'00" West a
distance of 1882.48 feet to the centerline of State
Road 434; thence South 89°36'08" West a distance
of 590.45 feet; thence South 10°32'40" West a
distance of 253.10 feet; thence North 83°07'59"
East a distance of 657.81 feet; thence North
Ol°41'09" East a distance of 124.33 feet to the
South right -of --way line of State Road 434; thence
North 90000'00" East a distance of 1870.00 feet,
thence North 80.00 feet more or less to the North
right -of --way of State Road 434; thence North
03°06'26" West, 50.18 feet; thence South 8905934"
East, 336.26 feet; thence South 00°49'13" East,
91.83 feet to the North right -of --way of State Road
434; thence South 80.00 feet more or less to the
South right-of-way of State Road 434; thence East
365.00 feet; thence South 07°20'39" East along
the West line of Lot 2, Lew -Jim Subdivision as
recorded in Plat Book 11, Page 38, Public Records
of Seminole County, Florida a distance of 198.79
Supp. No. 12 19
App. A
WINTER SPRINGS CODE
feet to the Southwest corner of said Lot 2; thence
South 83°22'51" West a distance of 411.22 feet;
thence South 07°48'55" East a distance of 479.90
feet; thence North 83043'02" East a distance of
606.23 feet to the East right -of --way line of Belle
Avenue; thence South 07°52'30" East a distance of
380.17 feet; thence North 83°41'32" East a dis-
tance of 475.42 feet; thence South 08°03'17" East
a distance of 367.35 feet to the Southwest corner
of Walden Terrace as recorded in Plat Book 18,
Page 69, Public Records of Seminole County,
Florida; thence North 84°36'03" East a distance of
632.94 feet; thence South 08°0951" East a dis-
tance of 323.48 feet to the Southwest corner of Lot
7 of said Walden Terrace; thence South 82044'51"
West a distance of 636.77 feet to the East right-
of-way line of David Drive; thence South 08°02'00"
East a distance oT 600i.70 feet; thence South
82039'35" West a distance of 195.89 feet to the
West line of Section 3, Township 21 South, Range
30 East; thence South 00°39'12" West along the
`ATost lire of Section 3 and the lFost line of Section
10, Township 21 South, Range 30 East a distance
of 2488.28 feet; to the Point of Beginning;
LESS THE FOLLOWING PARCELS:
A. Lot 7, less the West 55 feet thereof, and
the West one half of Lot 8, Entzminger
Farms Addition Number 2, as recorded in
Plat Book 5, Page 9, Public Records of
Seminole County, Florida.
Be
Lot 9, Entzminger Farms Addition Num-
ber 2, as recorded in Plat Book 5, Page 9,
Public Records of Seminole County, Flor-
ida.
C. The East one half of Lots 41 and 42,
Entzminger Farms Addition Number 2,
as recorded in Plat Book 5, Page 9, Public
Records of Seminole County, Florida.
D. Lots 25 and 32, Entzminger Farms Addi-
tion Number 2, as recorded in Plat Book
5, Page 9, Public Records of Seminole
County, Florida, less road right-of-way.
E. The West 774.9 feet of the East 1028.5
feet of Lot 9, Block D, D.R. Mitchell's
Survey of the Levy Grant, as recorded in
Plat Book 1, Page 5, Public Records of
Seminole County, Florida, lying South of
State Road 434,
F. Lot 24, Block D, D.R. Mitchell's Survey of
the Levy Grant, as recorded in Plat Book
1, Page 5, Public Records of Seminole
County, Florida, less road right-of-way.
G. Beginning at the Northeast corner of Lot
4, Gardena Farms, as recorded in Plat
Book 6, Page 23, Public Records of Semi-
nole County, Florida; run thence North
84°48'49" West along the North line of
Lots 4 and 5 of Gardena Farms a distance
of 1351.75 feet to the West right -of --way
line of Tuskawilla Road; run thence North-
erly along the West right-of-way line of
Tuskawilla Road a distance of approxi-
mately 1075 feet to the Northeast corner
of Tract A, Avery Park as recorded in Plat
Book 60, Page 33, Public Records of Sem-
inole County, Flo °ida; Tun thence Aorth
87°02'40" West a distance of 387.79 feet;
thence North 03°37'30" East a distance of
480.00 feet; thence North 87°02'40" West
a distance of 974.77 feet; thence North
550 feet; thence East along the North
right -of --way of Natures Way 275.00 feet;
thence South 500.00 feet; thence East
225.00 feet along the North right-of-way
of Milky Way; thence North 500 feet;
thence East along the North right-of-way
of Natures Way 1150.00 feet to the West
right -of --way of Tuskawilla Road; thence
South 14° West along said right-of-way
for a distance of 50.00 feet to a point on
the South right-of-way of Natures Way;
thence West along said right -of --way for a
distance of 350.00 feet; thence South 225.00
feet; thence East 400.00 feet to the East
right-of-way of Tuskawilla Road; thence
South 13°21'42" West a distance of 262.51
feet along said right-of-way line; thence
South 87°22'08" East a distance of 639.65
feet to the Easterly line of the CSX right-
of-way; thence South 06°59'19" East a
distance of 329.06 feet along said right-of-
way to the point of curvature of a curve
concave Easterly having a radius of 1967.00
feet; thence Southerly along said curve a
Supp. No. 10 20
CHARTER
distance of 655.47 feet through a central
angle of 19°05'35"; thence South 86°29'50"
East a distance of 1449.46 feet to the East
line of the Moses E. Levy Grant; thence
South 04°13'03" West a distance of 508.82
feet to a point on a curve concave North-
erly having a radius of 654.81 feet; thence
Easterly along curve a distance of 344.50
feet through a central angle of 30°08'37";
thence South 00°36'11" East a distance of
912.73 feet to the South right-of-way line
of the CSX railroad; thence North 55°19'
West along said right-of-way line a dis-
tance of 577.32 feet; thence South 24°27'43"
West a distance of 144.70 feet to the North
right-of-way line of Railroad Avenue; thence
North 57°08'47" West along said North
right-of-way line of Railroad Avenue a
distance of 628.60 feet; thence North
85°39'35" West a distance of 643.45 feet to
the East line of Gardena Farms; thence
North 04°20'25" East a distance of 388.78
feet to the Point of Beginning.
H. That part of Section 4, Township 21 South,
Range 31 East, Seminole County, Florida
described as follows: Commence at the
Southeast corner of Barrington Estates,
Plat Book 62, Page 80, Public Records of
Seminole County, Florida; thence North
00°21'31" West, 306.84 feet to the Point of
Beginning; thence South 89°51'33" West,
25.00 feet; thence North 00°21'31" West,
25.00 feet; thence North 89°51'33" East,
25.00 feet; thence South 00°21'31" East to
the Point of Beginning.
Note: The foregoing legal description is based on
the following data:
1. The City of Winter Springs Subdivision
and Parcel Map dated November 2007,
prepared by Southeastern Surveying,
2. Property ownership maps prepared by the
Seminole County Property Appraiser for
29 sections.
3. Recorded plats of subdivisions affecting
the legal description, utilizing 122 plat
book pages.
TSS Order Number T07-F08
TSS File Number SX-7930
(Ord. No. 2008-09, § 2, 5-27-08)
App. A
Ordinances Annexing Property to the City
Ord. No. Date Ord. No. Date
2000-08
4-10-00
2003-18
6-23-03
2000-22
8-14-00
2003-27
7-28-03
2000-24
844-00
200342
142-04
2000-33
1143-00
2004-09
2- 9-04
2000-36
11-27-00
200445
5-24-04
200040
11-27-00
200448
5-24-04
200041
11-27-00
2004-21
5-24-04
2001-01
1-22-01
2004-39
10-25-04
2001-03
1-22-01
200446
12-13-04
2001-34
6-11-01
200448
10-25-04
2002-03
5-13-02
2005-19
6-27-05
2002-26
11-25-02
2007-01
2-26-07
Editor's note— The above list of ordinances annexing
property to the city begins with Ord. No. 2000-08, adopted Apr.
10, 2000.
[The next page is 67j
Supp. No. 12 21
This table provides a listing of legislstion amending the revised Charter ratified by referndum
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
[The next page is 77)
Supp No. 12 g7
ADMINISTRATION
Sec. 2-88. Qualifying fees.
(a) All candidates for city commission and
mayor, qualifying as provided in this Code, shall
pay a qualifying fee of one hundred fifty dollars
($150.00). The qualifying fee and the election
assessment shall be paid to the city clerk and be
paid by the clerk into the general fund of the city.
Within thirty (30) days after the close of qualify-
ing, the city clerk shall forward the elections
assessment to the Department of State.
(b) Pursuant to F.S. § 99.093(2), candidates
who are unable to pay the election assessment
without imposing an undue burden on their per-
sonal resources or resources otherwise available
to them shall upon written certification of such
inability given under oath to the city clerk be
exempted from paying the election assessment.
Any candidate exempt from the election assess-
ment shall also be exempt from the city's qualify-
ing fee.
(Code 1974, § 2-35; Ord. No. 2004-25, § 2, 6-14-04)
Sec. 2-89. Registration of voters.
Voters in a municipal election shall be regis-
tered in the manner provided for by the General
Laws of Florida as set out in Florida Statutes,
Chapters 97 and 98. All voters residing within the
municipal limits of the city and registered by the
supervisor of elections to vote in the county, shall
be eligible to vote in all municipal elections.
(Code 1974, § 2-36)
State law reference —Qualifications of municipal elec-
tors, F.S. § 166.032.
Sec. 2-90. Voting places.
In those years when the city conducts the
election not in conjunction with the county elec-
tion, voting places for municipal elections shall be
designated by the city commission. The location of
the voting places shall be included in the mayor's
proclamation called for by section 2-82 above. In
the event there should be a runoff election, the
same voting places shall be used.
(Code 1974, § 2-38)
Sec. 2-91. Voting machines.
Voting machines shall be used for voting in the
municipal elections provided for in this article in
the same manner as such machines are used for
voting in state and county elections.
(Code 1974, § 2-39)
Sec. 2-92. Absentee voting.
Absentee voting in the municipal elections pro-
vided for in this article shall be permitted and
governed by F.S. §§ 101.62 through 101.70.
(Code 1974, § 240)
Sec. 2-93. Canvass of return.
In those years when the city conducts the
election not in conjunction with the county elec-
tion, returns shall be canvassed by the city can-
vassing board designated to canvass the returns
in municipal elections. Such city canvassing board
shall consist of the city clerk and two (2) members
of the city commission to be designated by the
commission. The canvassing board shall canvass
the returns and issue their certificate pursuant to
F.S. chs. 101 and 102 and issue its certificate of
election to the successful candidate. The certifi-
cate of the canvassing board shall be issued in
triplicate; one (1) copy to be deposited with the
city clerk, one (1) copy shall be delivered to the
city commission, and one (1) copy shall be posted
on the public bulletin board in the city hall. Such
certificate shall be recorded in the minutes of any
meeting of the city commission held immediately
following the filing of the certificate. In years
when the county supervisor of elections conducts
the municipal election, the county canvassing
board shall be designated to canvass the returns
of the municipal election.
(Code 1974, § 241)
c. 2-94. Applicability of Code to election
Se
where questions are submitted.
At all elections at which any question is sub-
mitted to the electors, including bond issues, this
article shall apply to the extent that it can be
made applicable and is not preempted by the
general election laws of the state.
(Code 1974, § 242)
State law reference —Bond referendum, F.S. § 100.201 et
seq.
Supp. No. 12 147
§ 2-95
WINTER SPRINGS CODE
Sec. 2-95. Additional duties of city clerk.
The city clerk is authorized and directed to
have prepared such forms and perform such min-
isterial duties as are required by this article by
necessary implication in order to accomplish the
objectives of this article, and the intent of the city
commission in adopting it.
(Code 1974, § 243)
Sec. 2-96. Early voting exemption.
The City of Winter Springs is hereby exempt
from the early voting provisions of section 101.657,
Florida Statutes. From time to time, the city may
contract with the Seminole County Supervisor of
Elections to conduct early voting for the City of
Winter Springs at the office of the supervisor of
I c cc tiC An ^:? 7 any !7 �c.rlj !; ,s ;4- 1,
.A u11 V ULLVL V V ULLL . 4LI LLLG
Supervisor may establish in public libraries and/or
city halls.
(Ord. No. 2004-37, § 1, 8-23-04)
Secs. 2-97-2-115. Reserved.
ARTICLE V. ANNEXATIONS AND
REZONING*
Sec. 2-116. Annexation fees.
(a) All applications for annexation of property
into the city shall be accompanied by an annex-
ation fee. Such fee will be established by resolu-
tion of the city commission, pursuant to the
authority of this section.
(b) The annexation fee shall be used to pay the
costs of annexation and any additional costs re-
lated thereto.
(Code 1974, § 24)
Sec. 2-117. Waiting period for annexation or
rezoning of property.
No parcel of property shall be considered for
annexation into the city, nor shall any parcel of
property within the city be considered for rezon-
*Cross references —Buildings and building regulations,
Ch. 6; land development, Ch. 9; streets, sidewalks and other
public places, Ch. 17; zoning, Ch. 20.
State law reference —Annexation procedure, F.S. ch.
1714
Supp. No. 12 148
ing, for a six-month period of time following the
denial of a petition for annexation or rezoning;
provided, however, that the six-month waiting
period may be waived by the city commission.
(Code 1974, § 24.1)
Sec. 2-118. Annexations east of DeLeon
Street prohibited.
(a) It is hereby declared that it is the formal
policy of the City of Winter Springs that the city
shall not process any voluntary annexation peti-
tions received by property owners, nor shall the
city initiate any involuntary annexation proce-
dure, involving any real property that is located
east of an imaginary straight line which com-
mences on the southern boundary of the shores of
Lake Jesup and runs southward along the east-
ern most boundary of the DeLeon Street right-of-
wav and whieb terminate nn the nnrthern ,nnpt
boundary of the City of Oviedo.
(b) The city manager is hereby directed to take
the necessary steps to initiate an administrative
amendment to the city's comprehensive plan dur-
ing the next comprehensive planning cycle that
incorporates the annexation policy set forth in
this section.
(Ord. No. 2006-02, § 2, 5-22-06)
Secs. 2419-2-135. Reserved.
ARTICLE VI. FINANCE
DIVISION 1. GENERALLY
Secs. 2-136-2-150, Reserved,
DIVISION 2. PURCHASING$
Sec. 2-151. Purchasing policy and proce-
dure established.
Unless otherwise provided by city charter, city
ordinance, or state or federal law, all city pur-
'Charter references —Independent audits, § 4.12; finan-
cial procedures generally, § 7.01 et seq.
Cross references —Licenses and business regulations,
§ 10-1 et seq.; taxation, § 18-1 et seq.
State law references —Municipal finance and taxation,
F.S. § 166.201 et seq.; budget adoption, F.S. § 200.065; munic-
ipal financial matters, F.S. ch. 218.
$Editor's note —Ord. No. 2000-15, § 1, adopted June 12,
2000, amended former Div. 3, §§ 2451-2-153, in its entirety
to read as herein set out. Former Div. 3 pertained to similar
subject matter and derived fiom the Code of 1974 and the
ADMINISTRATION
chases shall be made pursuant to written uniform
purchasing policies and procedures established
by the city manager. The city manager is autho-
rized to purchase or contract for all commodities
and services required by the city which do not
exceed twenty-five thousand dollars ($25,000.00).
All purchases or contracts for all commodities and
services required by the city which exceed twenty-
five thousand dollars ($25,000.00) shall be ap-
proved by the city commission.
(Ord. No. 2000-15, § 1, 642-00; Ord. No. 2007-12,
§ 2, 6-11-07)
Sec. 2-152. When written bids are required;
waiver, small purchases.
(a) Unless otherwise required by city charter,
city ordinance, state or federal law, or pursuant to
subsection (b) of this section, competitive prices
for all purchases of commodities and services
shall be obtained by written bid, quote, or pro-
posal and the purchase made from, or the contract
awarded to, the lowest and best responsible bid-
der. Notwithstanding any requirement for obtain-
ing written bids, quotes or proposals, purchases
may be made by: (1) cooperating with other gov-
ernmental entities in soliciting competitive bids,
quotes or proposals; (ii) using competitive bids,
quotes or proposals received by other governmen-
tal agencies, provided they were made within one
year of the date the city proposes to use them; (iii)
using a current contract previously awarded to
another governmental agency; (iv) using a pur-
chase card, provided the purchase complies with
the city's purchase card guidelines; (v) using a
sole source vendor; (vi) negotiating directly with a
provider of professional services; and (vii) declar-
ing a purchase an emergency; provided said pur-
chases are allowed by city charter and state and
federal law and deemed in the best interests of
the city by the city commission or the city man-
ager for purchases within the city manager's
spending authority.
(b) Small purchases of commodities and ser-
vices not exceeding two thousand five hundred
dollars ($2,500.00) shall be exempt fiom the re-
quirements of subsection (a) provided that said
purchases are not prohibited by city charter, state
following: Ord. No. 564, § 1, 7-25-94; Ord. No. 691, § I, 12-8-97.
or federal law and are deemed in the best inter-
ests of the city by the city manager or the city
manager's designee.
(Ord. No. 2000-15, § 1, 642-00; Ord. No. 2007-12,
§ 2, 6-11-07)
Secs. 2-153-2-190. Reserved.
DIVISION 3. CITY -OWNED PERSONAL
PROPERTY
Sec. 2-191. Definition of property.
The word "property" as used in this division
means fixtures and other tangible personal prop-
Supp. No. 10 148.1
§ 2-191 WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 12 148.2
BUILDINGS AND BUILDING REGULATIONS
co 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. 12 367
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 12 368
BUILDINGS AND BUILDING REGULATIONS
See. 6-272. Citation authorized for construc-
tion contracting violations.
A code enforcement officer is hereby authorized
to issue a citation for any violation of Sections
489.127 and Section 489.132(1), Florida Statutes,
whenever, based upon personal investigation, the
code enforcement officer has reasonable and prob-
able grounds to believe that such violation has
occurred. A citation shall be issued in accordance
with the rules and procedures established by this
article and Florida Statutes. This article does not
authorize or permit a code enforcement officer to
perform any function or duty of a law enforcement
officer.
(Ord. No. 2001-02, § 1, 10-8-01)
Sec. 6-273. Citation form.
A citation issued by a code enforcement officer
shall be in a form prescribed by the city commis-
sion by resolution, and shall contain at a mimi
mum:
(1) The time and date of issuance.
(2) The name and address of the person to
whom the citation is issued.
(3) The time and date of the violation.
(4) A brief description of the violation and the
facts constituting reasonable cause.
(5) The name of the code enforcement officer.
(6) The procedure for the person to follow in
order to pay the civil penalty or to contest
the citation.
(7) The applicable civil penalty if the person
elects not to contest the citation.
(Ord. No. 2001-02, § 11 10-8-01)
Sec. 6-274. Penalty.
In addition to any other criminal penalties
provided by Section 489.127(2), Florida Statutes,
a civil penalty of five hundred dollars ($500.00)
shall be levied for any violation of this article. All
monies collected by the city from citations issued
under this article shall be deposited in the city's
general fund and may be expended for any public
purpose authorized by the city commission. A
person cited for a violation pursuant to this arti-
cle is deemed to be charged with a non -criminal
§ 6-277
infraction. Each violation is a separate civil in-
fraction. Each day such violation shall continue
shall be deemed to constitute a separate civil
infraction.
(Ord. No. 2001-02, § 1, 10-8-01)
Sec. 6-275. Refusal to sign citation.
Except in the absence of the person who has
committed the violation, a code enforcement of-
ficer shall require the person to sign and accept a
citation being issued. If the person refuses to sign
and accept the citation, the code enforcement
officer shall write the words "Refused to Sign" or
any other words of similar meaning in the space
provided in the citation for the person's signature
and shall leave a copy of the citation with the
person if possible, or mail a copy to the person, if
possible, by registered or certified mail, return
receipt requested. Following such refusal to sign
and accept, the code enforcement officer shall also
contact the Winter Springs Police Department to
report such violation of this article and Section
489.127(5)(m), Florida Statutes.
(Ord. No. 2001-02, § 1, 10-8-01)
Sec. 6-276. Stop work.
Any person who is issued a citation under this
article shall immediately cease the act for which
the citation was issued upon receipt of the cita-
tion.
(Ord. No. 2001-02, § 12 10-8-01)
Sec. 6-277. Correction of violation; payment
of penalty; notice of hearing.
Upon receipt of a citation, the person charged
with the violation shall elect either to:
(1) Correct the violation and pay to the city
the civil penalty in the manner indicated
on the citation; or
(2) Within ten (10) days of receipt of the
citation, exclusive of weekends and legal
holidays, request an administrative hear-
ing before the city's code enforcement
board to appeal the issuance of the cita-
tion in accordance with the procedures set
forth in this article. Any request for an
administrative hearing shall be made and
delivered in writing to the city manager
Supp. No. 12 387
WINTER SPRINGS CODE
by the time set forth in this subsection.
Failure to request an administrative hear-
ing in writing within the ten (10) day time
period shall constitute a waiver of the
violator's right to an administrative hear-
ing. Awaiver of said right shall be deemed
an admission of the violation, and penal-
ties shall be imposed as set forth on the
citation.
(Ord. No. 2001-02, § 1, 10-8-01)
Sec. 6-278. Administrative hearings; accrual
of penalties.
(a) All administrative hearings held pursuant
to this article shall be conducted by the code
enforcement board in accordance with the require-
ments of the Local Government Code Enforce-
ment Boards Act.
(b) During the administrative hearing, if the
violator demonstrates to the code enforcement
board that the violation is invalid or that the
violation has been corrected prior to appearing
before the code enforcement board, the code en-
forcement board may dismiss the citation unless
the violation is irreparable or irreversible, in
which case the code enforcement board may order
the violator to pay a civil penalty as set forth in
subsection (c) below.
(c) During the administrative hearing, if the
code enforcement board finds that a violation
exists, the code enforcement board may order the
violator to pay a civil penalty of not less than the
amount set forth on the citation but not more
than one thousand dollars ($1,000.00) per day for
each violation. In determining the amount of the
penalty, the code enforcement board shall con-
sider the following facts:
(1) The gravity of the violation.
(2) Any actions taken by the violation to
correct the violation.
(3) Any previous violations which were com-
mitted by the violator.
(d) During the administrative hearing, if the
code enforcement board finds that the violator
had not contested or paid the civil penalty set
forth in the citation within the time required in
this article, the code enforcement board shall
enter an order ordering the violator to pay the
civil penalty set forth on the citation, and a
hearing shall not be necessary for the issuance of
such order.
(e) All civil penalties imposed by the code
enforcement board under this article shall con-
tinue to accrue until the violator comes into
compliance or until a judgement is rendered by a
court to collect or foreclose on alien filed under
this article, whichever occurs first, regardless of
whether or not the order of the code enforcement
board sets forth this accrual requirement.
(Ord. No. 2001-02, § 1, 10-8-01)
Sec. 6-279. Appeals of code enforcement
board decisions.
Any person aggrieved by a final administrative
order of the code enforcement board pursuant to
this article, including the city commission, may
appeal the order to the circuit court in accordance
with Section 489.12 7(5)(d), Florida Statutes, as
may be amended or renumbered from time to
time by the Florida Legislature.
(Ord. No. 2001-02, § 1, 10-8-01)
Sec. 6-280. Recording code enforcement
board orders.
A certified copy of an order of the code enforce-
ment board imposing a civil penalty under this
article may be recorded in the public records and
thereafter shall constitute a lien against any real
or personal property owned by the violator. Such
orders shall be enforced in accordance with Flon
ida law.
(Ord. No. 2001-02, § 1, 10-8-01)
Sec. 6-281. Notices.
All notices required by this article shall be
provided to the violator by certified mail, return
receipt requested; by hand delivery by a law
enforcement officer or code enforcement officer;
by leaving the notice at the violator's usual place
of residence with some person of his or her family
above fifteen (15) years of age and informing such
person of the contents of the notice; or by includ-
ing a hearing date within the citation.
(Ord. No. 2001-02, § 1, 10-8-01)
Supp. No. 10 388
BUILDINGS AND BUILDING REGULATIONS § 6-300
Secs. 6-282-6-299. Reserved. tenance Code. Violations shall con-
stitute a public nuisance and shall
ARTICLE XIII. INTERNATIONAL be deemed a strict liability offense.
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 145 of
(a) Pursuant to section 101.1 of the Mainte- the city code. For purposes of a civil
nance Code: 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 eluding, 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 lation 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
(d) Section 103 is deleted in its entirety and to, contractor and material costs, ad -
replaced with the following: ministrative overhead, attorneys fees,
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
(e) Section 106 is deleted in its entirety and the lien of such state, county and
replaced with the following: municipal taxes. Such liens, when
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. 12 389
(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 parity with the lien of such state,
county and municipal taxes. Such liens,
when delinquent for more than 30 days,
may be foreclosed by the city in the man-
ner provided by law for the foreclosure of
11117Lgagi».
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 adjustment an inter-
pretation or application of the Main-
tenance Code by filing a notice of
appeal 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.
Supp. No. 12 390
(3) Sections 111.2 through 111.7 are de-
leted in their entirety.
(4) Section 111.7 shall read as follows:
Any person aggrieved by a final de -
on 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 � _ �,_
- -
ablylAlBLL LU LllClll aS b�Ld1.eU 111 t11US8 CUUCS.
(i) The first sentence of Section 302.4 is
amended to insert "ten (10) inches."
{�) 0ectioi� 30z!.1,a i� ai2eltleil to uelc;c; clic
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)
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-
BUILDINGS AND BUILDING REGULATIONS
dures shall not be deemed conflicting, but rather
alternative methods to enforce the applicable city
codes.
(Ord. No. 200&07, § 2, 444-08)
Sec. 6-302. Preemption; Florida Building
Code; Florida Fire and Life Safety
Code.
To the extent that any provision of the Florida
Building Code and Florida Fire Prevention Code
conflicts with and preempts any provision of the
Maintenance Code, the Maintenance Code provi-
sion which is conflicting and preempted shall not
apply.
(Ord. No. 2008-07, § 2, 444-08)
§ 6-302
[The next page is 433]
Supp. No. 12 391
FLOOD DAMAGE PREVENTION
ARTICLE I. IN GENERAL
Definitions.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted
so as to give them the meaning they have in
common usage and to give this chapter its most
reasonable application:
Accessory use. A use which is incidental and
subordinate to the principal use of the parcel of
land on which it is located.
Addition (to an existing building). Any walled
and roofed expansion to the perimeter of a build-
ing in which the addition is connected by a
common load -bearing wall other than a fire wall.
Any walled and roofed addition which is con-
nected by a fire wall or is separated by indepen-
dent load -bearing walls is new construction.
Appeal. A request for a review of the flood
damage control administrator's interpretation of
any provision of this chapter or a request for a
variance.
Appraised value. The assessed value as listed
by the Seminole County property appraiser.
Area of shallow flooding. A designated AIL
zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one (1) to three
(3) feet, a clearly defined channel does not exist,
the path of flooding is unpredictable and indeter-
minate, and velocity flow may be evident.
Area of special flood hazard. The land in the
floodplain within a community subject to a one -
percent or greater chance of flooding in any one
(1) given year. This term is synonymous with the
phrase "Special Flood Hazard Area (SFHA).
Base flood. The flood having aone-percent
chance of being equaled or exceeded in any given
year (also called the "100-year flood" and the
"regulatory flood").
Base flood elevation. The crest elevation in
relation to mean sea level (MSL) (using North
American Vertical Datum of 1988—NAVD 88)
expected to be reached during a flood which
encompasses the regulatory floodplain.
Building. See Structure.
Development. Any manmade change to im-
proved or unimproved real estate, including but
not limited to buildings or other structures, min-
ing, dredging, filling, grading, paving, excavation,
or drilling operations located within the area of
special flood hazard.
Elevated building. Anon -basement building
buiIt to have the lowest floor elevated above the
ground level by foundation walls, posts, piers,
columns, pilings, or shear walls.
Encroachment. The advance or infringement of
uses, plant growth, fill, excavation, buildings,
permanent structures, or development into a
od floplain, which may impede or alter the flow
capacity of a floodplain.
f
Existing construction. For the purposes o
floodplain management, existing construction
means the structures for which the start of con-
struction commenced before the date of the initial
Flood Insurance Rate Map (FIRM). For the pur-
pose of determining rate structures, existing con-
struction means the start of construction com-
menced before the effective date of the first FIRM
or before January 1, 1975, for FIRMs effective
before that date. This term may also be referred
to as "existing structures."
Existing manufactured home park or subdivi-
sion. Amanufactured home park or subdivision
for which the construction of facilities for servic-
ing the lots on which the manufactured homes are
to be affixed (including, at a minimum, the instal-
lation of utilities, the construction of streets, and
either final site grading or the pouring of concrete
pads) was completed before August 11, 1981.
Expansion to an existing manufactured home
park or subdivision. The preparation of additional
sites by the construction of facilities for servicing
the lots on which the manufactured homes are to
be affixed (including the installation of utilities,
the construction of streets, and either final site
grading or the pouring of concrete pads).
Flood or flooding. A general and temporary
condition of partial or complete inundation of
normally dry land areas from:
a. The overflow of inland or tidal waters;
and/or
Supp. No. 12 495
WINTER SPRINGS CODE
b. The unusual and rapid accumulation or
runoff of surface waters from any source.
Flood boundary and floodway map. The official
map on which the administrator has delineated
both the flood boundaries and the regulatory
floodway.
Flood elevation determination. A determina-
tion by the administrator of the water surface
elevations of the base flood, that is, the flood level
that has a one -percent or greater chance of occur-
rence in any given year.
Flood insurance rate map (FIRM). An official
map, on which the Federal Emergency Manage-
ment Agency or Federal Insurance Administra-
tion has delineated both the areas of special flood
hazards and the risk premium zones applicable to
the community.
Flood insurance study. The official report pro-
vided by the Federal Insurance Administration
that includes flood profiles, the flood insurance
rate map, the flood boundary and floodway map,
and the water surface elevation of the base flood.
Floodplain. Land which will be inundated by
floods known to have occurred or reasonably
characteristic of what can be expected to occur
from the overflow of inland or tidal waters and
the accumulation of runoff of surface waters from
rainfall.
Floodplain administrator. The individual ap-
pointed to administer and enforce the floodplain
management regulations.
Floodplain management regulations. Any zon-
ing ordinances, land development ordinance, sub-
division regulations, building codes, health regu-
lations, special purpose ordinances (such as a
floodplain management ordinance, grading ordi-
nance and erosion control ordinance), and other
applications of police powers. The term describes
such state or local regulations, in any combina-
tion thereof, which provide standards for the
purpose of flood damage prevention and reduc-
tion.
Floodproofing. Structural changes or adjust-
ments incorporated in the design or construction
of a building so as to make the building water-
tight with walls substantially impermeable to the
passage of water and with structural components
having the capacity of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy for
the reduction or elimination of flood damages.
Floodway. See "regulatory floodway."
Floodway encroachment line. The line marking
the limits of floodway maps on federal, state and
local floodplain maps.
Floodway fringe. That area of the floodplain on
either side of the "regulatory floodway."
Fraud and victimization. As related to section
8-34, variances, of this chapter, means that the
variance granted must not cause fraud or victim-
ization of the public. In examining this require-
ment, the city will consider the fact that every
newly constructed building adds to government
responsibilities and remains a part of the commu-
nity for fifty (50) to one hundred (100) years.
Buildings that are below the base flood elevation
are subjccct dm ing all those years to increased
risk of damage from floods, while future owners of
the property and the community as a whole are
subject to all the costs, inconvenience, danger,
and suffering that those increased flood damages
bring. In addition, future owners may purchase
the property, unaware that it is subject to poten-
tial flood damage, and can be insured only at very
high flood insurance rates.
Freeboard. The additional height, usually ex-
pressed as a factor of safety in feet, above a flood
level for purposes of floodplain management.
Freeboard tends to compensate for many un-
known factors such as wave action, bridge open-
ings, and the hydrological effect of the urbaniza-
tion of the watershed that could contribute to the
flood heights greater than the height calculated
for a selected frequency flood and floodway condi-
tions.
Functionally dependent use. A use of a building
or other development, which cannot be achieved
unless the building or other development is lo-
cated in close proximity to water. The term in-
cludes only docking facilities, port facilities that
are necessary for the loading and unloading of
cargo or passengers, and ship building and ship
repair facilities, and does not include long-term
storage or related manufacturing facilities.
Supp. No. 12 496
FLOOD DAMAGE PREVENTION
Governing body. The City Commission of Win-
ter Springs, which is empowered to adopt and
implement regulations to provide for the public
health, safety and general welfare of its citizenry.
Hardship. As related to section 8-34, variances,
of this chapter means the exceptional hardship
that would result from a failure to grant the
requested variance. The city requires that the
applicant prove that the variance is exceptional,
unusual, and peculiar to the property involved.
Economic or financial hardship alone is not excep-
tional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the
disapproval of one's neighbors likewise cannot, as
a rule, qualify as an exceptional hardship. All of
these problems can be resolved through other
means without granting a variance, even if the
alternative is more expensive, or requires the
property owner to build elsewhere or put the
parcel to a different use than originally intended.
Highest adjacent grade. The highest natural
elevation of the ground surface, prior to construc-
tion, next to the proposed walls of a structure.
Historic structure. Any structure that is:
(1) Listed individually in the National Re
ter of Historic Places (a listing main-
tained by the United States Department
of Interior) or preliminarily determined
by the Secretary of the Interior as meet-
ing the requirements for individual list-
ing on the National Register;
(2) Certified or preliminarily determined by
the Secretary of the Interior as contribut-
ing to the historical significance of a reg-
istered historic district or a district pre-
liminarily determined by the Secretary to
qualify as a registered historic district.
Lowest adjacent grade. The lowest elevation of
the ground, sidewalk, patio, deck support or base-
ment entryway immediately next to the struc-
ture, after completion of construction.
Lowest floor: The lowest floor of the lowest
enclosed area (including basement). An unfin-
ished or flood -resistant enclosure, usable solely
for parking of vehicles, building access or storage,
in an area other than a basement area, is not
considered a building's lowest floor, provided that
such enclosure is not built so as to render the
structure in violation of the applicable non -
elevation design requirements of the chapter.
Manufactured home. A structure, transport-
able in one (1) or more sections, which is built on
a permanent chassis and is designed for use with
or without a permanent foundation when con-
nected to the required utilities. For floodplain
management purposes the term "manufactured
home" also includes park trailers, travel trailers,
and other similar vehicles placed on a site for
greater than one hundred eighty (180) consecu-
tive days. For insurance purposes the term "man-
ufactured home" does not include park trailers,
travel trailers, and other similar vehicles.
Manufactured home park or subdivision. A
parcel (or contiguous parcels) of land divided into
two (2) or more manufactured home lots for rent
or sale.
Mean sea level The average height of
the sea for all stages of the tide. It is used as a
reference for establishing various elevations within
the floodplain. For purposes of this chapter, the
term is synonymous with North American Verti-
cal Datum of 1988 (NAVD 88).
Mobile home. See Manufactured home.
New construction. Structures for which the
"start of construction" commenced on or after the
effective date of this chapter.
New manufactured home park orsubdivision.
A manufactured home park or subdivision for
which the construction of facilities for servicing
the lots on which the manufactured homes are to
be affixed (including at a minimum, the installa-
tion of utilities, the construction of streets, and
either final site grading or the pouring of concrete
paIs) is completed on or after the effective date of
floodplain management regulations adopted by
this community.
North American Vertical Datum of 1988 (NAVD
88). The vertical control used as a reference for
establishing varying elevations within the
floodplain.
Obstruction. Includes, but is not limited to, any
dam, wall, wharf, embankment, levee, dike, pile,
abAment, protection, excavation, channelization,
Supp. No. 12 497
WINTER SPRINGS CODE
bridge, conduit, culvert, building, wire, fence,
rock, gravel, refuse, fill, structure, vegetation or
other material in, along, across or projecting into
any watercourse which may alter, impede, retard
or change the direction and/or velocity of the flow
of water, or due to its location, its propensity to
snare or collect debris carried by the flow of water,
or its likelihood of being carried downstream.
One -hundred year flood or 100-year flood. See
Base flood.
Public safety and nuisance. As related to sec-
tion 8-34, variances, of this chapter means that
the granting of a variance must not result in
anything which is injurious to safety or health of
an entire community or neighborhood, or any
considerable number of persons, or unlawfully
^r✓..�iu w ui.., as .�.; Nuuau�c vl uoc, ui i,uc i.u�f,Vlti-
ary manner, of any navigable lake, or river, bay,
stream, canal, or basin.
Recreational vehicle. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less
when measured at the largest horizontal
projection;
(3) Designed to be self-propelled or perma-
nently towable by a light -duty truck; and
(4) Designed primarily not for use as a per-
manent dwelling but as temporary living
quarters for recreational, camping, travel,
or seasonal use.
Regulatory flood. For purposes of this chapter,
a flood event having aone-percent chance of
occurring in any given year, although the flood
may occur in any year, i.e., the hundred -year
flood.
Regulatory flood elevation. The crest elevation
in relation to mean sea level expected to be
reached by the regulatory flood at any given point
in an area of special flood hazard.
Regulatory floodway. The channel of a river or
other watercourse and the adjacent land areas
that must be reserved in order to discharge the
velocity waters of the regulatory flood.
Remedy a violation. To bring the structure or
other development into compliance with state or
local floodplain management regulations, or, if
this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be re-
duced include protecting the structure or other
affected development from flood damages, imple-
menting the enforcement provisions of the ordi-
nance or otherwise deterring future similar viola-
tions, or reducing state or federal financial exposure
with regard to the structure or other develop-
ment.
River•ine. Relating to, formed by, or resembling
a river (including tributaries), stream, brook, etc.
Sheet flow area. See Area of shallow flooding.
Special flood hazard area (SEPIA). The same
area of the special flood hazard and shown on the
FIRM as Zone A, AE, and AH.
Start of construction (includes substantial
UOLWtett . Thu daic ;lic builzihig peii a was
issued, provided the actual start of construction,
repair, reconstruction, placement, or other im-
provement was within one hundred eighty (180)
days of the permit date. The actual start means
either the first placement of permanent construc-
tion of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the
construction of columns, or any work beyond the
stage of excavation, or the placement of a manu-
factured home on a foundation. Permanent con-
struction does not include land preparation, such
as clearing, grading and filling; nor does it include
the installation of streets and/or walkways; nor
does it include excavation for a basement, foot-
ings, piers, or foundations or the erection of
temporary forms; nor does it include the installa-
tion on the property of accessory buildings, such
as garages or sheds not occupied as dwelling units
or not part of the main structure.
Structure. A walled and roofed building, that is
principally aboveground and affixed to a perma-
nent site, as well as a mobile home on a founda-
tion. The term includes a building while in the
course of construction, alteration or repair but
does not include building materials or supplies
intended for use in construction, alteration or
repair, unless such materials or supplies are
Supp. No. 19 498
within an enclosed building on the premises. The
words "building" and "structure" shall have the
same meaning for the purposes of this chapter.
Substantial damage. Damage of any origin
sustained by a structure whereby the cost of
restoring the structure to its before damaged
condition would equal or exceed fifty (50) percent
of the appraised value of the structure before the
damage occurred.
Substantial improvement. Any repair, recon-
struction, or improvement of a structure, the cost
of which equals or exceeds fifty (50) percent of the
market appraised value of the structure either
before the improvement or repair is started, or if
the structure has been damaged and is being
restored, before the damage occurred. For the
purpose of this definition "substantial improve-
ment" is considered to occur when the first alter-
ation of any wall, ceiling, floor or other structural
part of the building commences, whether or not
that alteration affects the external dimensions of
the structure. The term does not, however, in-
clude either any project for improvement of a
structure to comply with existing state or local
health, sanitary, or safety code specifications which
are solely necessary to ensure safe living condi-
tions, or any alteration of a structure listed on the
National Register of Historic Places or a state
inventory of historic places.
Variance. A grant of relief from the require-
ments of this chapter which permits construction
in a manner that would otherwise be prohibited
by this chapter.
Violation. The failure of a structure or other
development to be fully compliant with this chap-
ter. A structure or other development without the
elevation certificate, other certifications, or other
evidence of compliance required in this chapter is
presumed to be in violation until such time as
that documentation is provided.
Water surface elevation. The height, in relation
to the North American Vertical Datum of 1988
(NAVD 88) of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine
areas.
Watercourse. Alake, river, creek, stream, wash,
arroyo, channel or other topographic feature on or
over which waters flow at least periodically. Wa-
tercourse includes specifically designated areas in
which substantial flood damage may occur.
(Code 1974, § 19-3; Ord. No. 2001-04, § 1, 1-22-01;
Ord. No. 2007-32, § % 144-08)
Sec. 8-2. Statement of purpose and objec-
tives.
The purpose and objectives of this chapter are
to promote the public health, safety, and general
welfare, and to minimize public and private losses
due to flood conditions in specific areas by provi-
sions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money
for costly flood -control projects;
(3) To minimize the need for rescue and relief
efforts associated with flooding and gen-
erally undertaken at the expense of the
general public;
(4) To minimize prolonged business interrup-
tions;
(5) To minimize damage to public facilities
and utilities such as water and gas mains;
electric, telephone and sewer lines; streets
and bridges located in areas of special
flood hazard;
(6) To help maintain a stable tax base by
providing for the second use and develop-
ment of areas of special flood hazard so as
to minimize future flood blight areas;
(7) To ensure that potential buyers are noti-
fied that property is in an area of special
flood hazard; and,
(8) To ensure that those who occupy the areas
of special flood hazard assume responsi-
bility for their actions.
(Code 1974, § 194; Ord. No. 2001-04, § 1, 1-22-01)
Sec. 8-3. Methods of reducing flood losses.
In order to accomplish its purpose and objec-
tives, this chapter includes methods and provi-
sions for:
(1) Restricting or prohibiting uses which are
dangerous to health, safety, and property
Supp. No. 12 499
Ma
WINTER SPRINGS CODE
due to water or erosion hazards, or which
result in damaging increases in erosion or
in flood heights or velocities;
(2) Requg that uses vulnerable to floods,
including facilities which serve such uses,
be protected against flood damage at the
time of initial construction,
(3) Controlling the alteration of natural flood -
plains, stream channels, and natural pro-
tective barriers, which help accommodate
or channel floodwaters;
(4) Controlling filling, grading, dredging, and
other development which may increase
flood damage; and,
(5) Preventing or regulating the construction
of flood barriers which will unnaturally
divert floodwaters or which may increase
flood hazards in other areas.
(Code 1974, § 19-2s Ord. No. 2001-04, § 1, 1-22-01)
Sec. 8-4. Lands to which this chapter ap-
plies.
This chapter shall apply to all areas of special
flood hazard within the jurisdiction of the city.
(Code 1974, § 194, Ord. No. 2001-04, § 1, 1-22-01)
Basis for establishing areas of spe-
cial flood hazard.
The areas of special flood hazard identified by
the Federal Emergency Management Agency
(FEMA) in the Flood Insurance Study (FIS)" for
Seminole County dated September 28, 2007 with
the accompanying Flood Insurance Rate Map
(FIRM) and other supporting data and all subse-
quent amendments and/or revisions are hereby
adopted by reference and declared to be a part of
this chapter. The FIS and FIRM are the minimum
area of applicability and may be supplemented by
studies for other areas which allow implementa-
tion of this chapter and which are recommended
to the city by the floodplain administrator. The
FIS and FIRM are on file at the city hall, 1126
East State Road 434, Winter Springs, Florida,
32708.
(Code 1974, § 19-5; Ord. No. 2001-04, § 1, 1-22-01;
Ord. No. 2007-32, § 2, 144-08)
co 8-6. Abrogation and greater restric-
tions.
This chapter is not intended to repeal, abro-
gate, or impair any existing easements, covenants
or deed restrictions. However, where this chapter
and another ordinance, easement, covenant, or
deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall pre-
vail.
(Code 1974, § 19-7; Ord. No. 2001-04, § 1, 1-22-01)
Sec. 8-7. Interpretation.
In the interpretation and application of this
chapter, all provisions shall be:
(1) l'onsidered as minimum requirements;
(2) Liberally construed in favor of the govern-
ing body; and
(3) Deemed neither to limit nor repeal any
other powers granted under state stat-
utes.
(Code 1974, § 19-8; Ord. No. 2001-04,
Sec. 8-8. Warning regarding area of special
flood hazard designations.
The degree of flood protection required by this
chapter is considered reasonable for regulatory
purposes and is based on scientific and engineer-
ing considerations. Larger floods can and will
occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This
chapter does not imply that land outside the
areas of special flood hazard or uses permitted
within such areas will be free from flooding or
flood damages. This chapter shall not create lia-
bility on the part of the city, any officer or em-
ployee thereof, the State of Florida, the Federal
Insurance Administration, or the Federal Emer-
gency Management Agency, for any flood damages
that result from reliance on this chapter or any
administrative decision lawfully made hereunder.
In addition, nothing herein shall be deemed as a
waiver of the city's right to sovereign immunity
under state and federal law.
(Code 1974, § 19-9; Ord. No. 2001-04, § 1, 1-22-01)
Supp. Mn 12 500
FLOOD DAMAGE PREVENTION
Sec. 8-9. Penalties for noncompliance.
No structure or land shall hereafter be con-
structed, located, extended, converted, or altered
without full compliance with the terms of this
chapter. Failure to comply with any of its require-
ments (including violations of conditions and safe-
guards established in connection with grants of
variances) shall constitute a misdemeanor. Any
person who violates this chapter or fails to comply
with any of its requirements shall upon conviction
thereof be fined not more than five hundred
dollars ($500.00) or imprisoned for not more than
ninety (90) days, or both, for each violation, and in
addition shall pay all costs and expenses involved
in the case. Each day such violation continues
shall be considered a separate offense. Nothing
herein contained shall prevent the city from tak-
ing such other lawful action as is necessary to
prevent or remedy any violation.
(Code 1974, § 19-6; Ord. No. 2001-04, § 1,1-22-01)
Secs. 8-10-8-30. Reserved.
ARTICLE II. ADMINISTRATION
Sec. 8-31. Designation of the floodplain ad-
ministrator.
The city manager is hereby appointed the
floodplain administrator to administer and imple-
ment this chapter. The city manager may dele-
gate the responsibilities for the individual tasks
contained herein.
(Code 1974, § 1940; Ord. No. 2001-04, § 1, 1-22-
01)
Sec. 8-32. Duties and responsibilities of the
floodplain administrator.
Duties of the floodplain administrator shall
include, but not be limited to:
(1) Permit review. Review all building and
development permits to determine that:
a. The requirements of this chapter have
been satisfied;
b. All necessary permits have been ob-
tained from those federal, state or
local governmental agencies from
which prior approval is required;
c. The site is reasonably safe from flood-
ing; and
d. The proposed development does not
adversely affect the flood -carrying
capacity and/or flood -storage capac-
ity of the areas of special flood haz-
ard. For the purposes of this article,
"adversely affect" means damage to
adjacent properties because of rises
in flood stages attributed to physical
changes of the channel and the ad-
jacent overbank areas. Without lim-
iting the foregoing, a development is
presumed to adversely affect the flood -
carrying and flood -storage capacities
of the floodplain if it proposes or
requires the filling of land in an area
of special flood hazard without simul-
taneously providing additional flood -
carrying and flood -storage capacities
to compensate for that capacity which
is lost because of such filling.
(2) Interpr•etation of FIRM boundaries. Make
interpretations where needed, as to the
exact location of the boundaries of the
areas of special flood hazards (for exam-
ple, where there appears to be a conflict
between a mapped boundary and actual
field conditions). Any person contesting
the location of the boundary shall be given
a reasonable opportunity to appeal the
interpretation as provided in section 8-34.
(3) Use of other base flood data. To supple-
ment the base flood elevation data pro-
vided in accordance with section 8-5, the
floodplain administrator shall obtain, re-
view, and reasonably utilize any base flood
elevation and floodway data available from
a federal, state or other source (U.S. Army
Corps of Engineers, U.S. Geological Sur-
vey, U.S. Soil Conservation Service, state
water management districts development
plans for more than fifty (50) lots or five
(5) acres) as criteria for requiring that
new construction, substantial improve-
ments, or other development in Zone A
meet the requirements of section 8-52(1),
specific standards, residential construc-
tion, and section 8-52(2).
Supp. No. 12 501
WINTER SPRINGS CODE
(4) Issuance of permit and record keeping, trict, and the state department of
After ascertaining that all requirements community affairs prior to any alter -
of this chapter have been met, the ation or relocation of a watercourse,
floodplain administrator may issue the and submit evidence of such notifi-
building or development permit. After is- cation to the Federal Insurance Ad-
suance of the permit, the local adminis- ministration.
trator shall:
a. Acquire a flood elevation or floodproof- b. Require that maintenance is pro-
ing certificate after the lowest floor vided within the altered or relocated
is completed. Within twenty-one (21) portion of such watercourse so that
calendar days of establishment of the flood carrying capacity is not
the lowest floor elevation or diminished.
floodproofing by whatever construc- (6) Take remedial action on any violations of
tion means, it shall be the duty of this chapter.
the permit holder to submit to the (Code 1this § after. Ord. No. 2001-04, § 1, 1-22-
city manager a certification of the 01; Ord. No. 2007-32, § 2, 1-14-OS)
elevation of the lowest floor or
flocdproofcd ^1^;7^+4^i, 1.1,;if
relation to mean sea level. Such cer- Sec. 8-33. Development permit.
tification shall be prepared by or
under the direct supervision of a (a) Establishment of permit. A development
registered land surveyor or profes- permit shall be obtained before construction or
sional engineer and certified by same. development begins within any area of special
When floodproofing is utilized for a flood hazard established in section 8-5.
particular building, such certifica-
tion shall be prepared by or under (1) New developments. When new develop -
the direct supervision of a profes- ment proposals include lands designated
sional engineer or architect and cer- as areas of special flood hazard, the afore-
tified by same. Any work done within mentioned development permit shall not
the twenty -one -day calendar period be issued until all applicable require -
and prior to submission of the certi- ments of chapter 9 of this Code have been
fication shall be at the permit holder's fulfilled. Specifically, the procedures out -
risk. The city manager or designated lined in section 9-101(a)(2) shall be re -
subordinate shall review the flood quired. In addition, the provisions of seem
elevation survey data submitted. De- tion 9-241 which exceed the provisions of
ficiencies detected by such review this chapter, shall apply and be prerequi-
shall be corrected by the permit holder sites to issuance of the development per -
immediately and prior to further pro- mito
gressive work being permitted to pro- (2) Construction in existing developments. Al-
ceed. Failure to submit the survey or ready developed lands within or including
failure to make such corrections re- areas of special flood hazard in this city
quired hereby, shall be cause to issue for which building permits are requested
a stop work order for the project. shall be subject to the provisions of this
b. Maintain for public inspection all chapter, as shall lands described in (a)
records pertaining to the provisions above. After land development is Comm
of this chapter. pleted no construction of any nature, nei-
(5) Control of alteration of watercourses. The ther buildings, nor site preparation, nor
local administrator shall: modification of existing roads, utilities,
a. Notify adjacent communities, the St. drainage systems or other nonstructural
Johns River Water Management Dis- improvements shall be allowed within ar-
Supp. No. 12 502
FLOOD DAMAGE PREVENTION
eas of special flood hazard until the devel-
opment permit herein required has been
issued.
(b) Application for permit. Application for a
development permit shall be made on forms fur-
nished by the floodplain administrator and may
include, but not be limited to, plans in triplicate
drawn to scale showing the nature, location, di-
mensions, and elevations of the area in question;
existing or proposed structures, fill, storage of
materials, drainage facilities, and the location of
the foregoing. Specifically, the following informa-
tion is required with application for the develop-
ment permit.
(1) Elevation in relation to mean sea level of
the proposed lowest floor (including base-
ment) of all structures.
(2) Elevation in relation to mean sea level to
which any nonresidential structure will
be floodproofed.
(3) Certification from a registered profes-
sional engineer or architect that the non-
residential floodproofed structure meets
the floodproofing criteria in section M2(2).
(4) Description of the extent to which any
watercourse will be altered or relocated as
a result of proposed development.
(Code 1974, § 1941; Ord. No. 2001-04, § 1, 1-22-
01)
Supp. No. 12 502.1
§ 8-33 WINTER SPRINGS CODE
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Supp. No. 12 502.2
Chapter 18
Article I. In General
Secs. 18-1-18-25. Reserved.
Article II. Municipal Public Service Tag
Sec.
18-26.
Levy.
Sec.
18-27.
Exemptions.
Sec.
18-28.
Collection by seller.
Sec.
18-29.
Seller's records.
Sec.
18-30.
Interest and penalties.
Sec.
18-31.
Rights -of -way permit fee election.
Secs.
18-32-18-50.
Reserved.
Article III. Local Improvements Assessments
Division i. Generally
Sec. 18-51. Definitions.
co 18-52. Interpretation; title and citation.
Sec. 18-53. General findings.
Division 2. Assessed Areas and Advisory Committees
Sec. 18-54. Definition of assessed areas.
Sec. 18-55. Creation of advisory committees.
Sec. 18-56. Landowner petition process.
Division 3. Local Improvement Assessments
co
18-57.
Authority.
Sec.
18-58.
Initial local improvement assessment resolution.
Sec.
18-59.
Local improvement assessment roll.
Sec.
18-60.
Notice by publication.
Sec.
18-61.
Notice by mail.
Sec.
18-62.
Adoption of final local improvement assessment resolution.
Sec.
18.63.
Annual local improvement assessment resolution.
Sec.
18-64.
Effect of local improvement assessment resolutions.
Sec.
18-65.
Lien of assessments.
Sec.
18-66.
Revisions to local improvement assessments.
Sec.
18-67.
Procedural irregularities.
Sec.
18-68.
Correction of errors and omissions.
Division 4. Related Service Assessments
Sec. 18-69. Authority.
Sec. 18-70. Initial related service assessment resolution.
Sec. 18-71. Related service assessment roll.
Sec. 1842. Notice by publication.
*Charter reference -Authority of city to levy taxes, § 4.14(3).
Cross references -Administration, Ch. 2; finance, § 2-136 et seq.; impact fees, § 9-386 et seq.; licenses and business
regulations, Ch. 10; occupational license taxes, § 10-26 et seq.; utilities, Ch. 19.
State law reference -Power of city to impose and collect taxes, F.S. § 166.201 et seq.
Supp. No. 12 1157
WINTER SPRINGS CODE
Sec. 18-73. Notice by mail.
Sec. 1844. Adoption of final related service assessment resolution.
Sec. 18-75. Annual related service assessment resolution.
Sec. I&M. Effect of related service assessment resolutions.
Sec. 18-77. Lien of assessments.
Sec. 18-78. Revisions to related service assessments.
Sec. 1849. Procedural irregularities.
Sec. 18-80. Correction of errors and omissions.
Division 5. Collection of Assessments
Sec. 18-81. Method of collection.
Sec. 18-82. Alternative method of collection.
Sec. 18-83. Responsibility for enforcement.
Sec. 18-84. Government property.
Division 6. Issuance of Obligations
Sec.
18-85.
General authority.
Sec.
18-86.
Terms of the obligations.
Sec.
18-87.
Variable rate obligations.
Sec.
18-88.
Temporary obligations.
Sec.
18-89.
Anticipation notes.
Sec.
18-90.
Taxing power not pledged.
Sec.
18-91.
Trust funds.
Sec.
18-92.
Remedies of holders.
Sec.
18-93.
Refunding obligations.
Division 7. General Provisions
Sec. 18-94. Alternative method.
Secs. 18-95-18-120. Reserved.
Division 8. Specific Special Assessment Disticts and Areas
Sec. 18-121. Dissolution of Country Club Village Streetlight Maintenance
District.
Secs. 18-122-18-150. Reserved.
Article iV. Fire Rescue Assessment
Division 1. Introduction
Sec. 18-151. Definitions.
Sec. 18-152. Interpretation.
Sec. 18-153. General findings.
Sec. 18-154. Legislative determinations of special benefit.
Secs. 18-155-18-170. Reserved.
Division 2. Annual Fire Rescue Assessments
Sec.
18-171.
General authority.
Sec.
18-172.
Initial proceedings.
Sec.
18-173.
Initial assessment roll.
Sec.
18-174.
Notice by publication.
Sec.
18-175.
Notice by mail.
Sec.
18-176.
Adoption of final assessment resolution.
Sec.
18-177.
Effect of final assessment resolution.
Sec.
18-178.
Adoption of annual rate resolution.
Supp. No. 12 1158
TAXATION
co 18-179. Lien of fire rescue assessments.
Sec. 18480. Revisions to fire rescue assessments.
Sec. 18-181. Procedural irregularities.
Sec. 18482. Correction of errors and omissions.
Sec. 18483. Interim assessments.
Sec. 18-184. Authorization for exemptions and hardship assistance.
Secs. 18-185-18-200. Reserved,
Division 3. Collection and Use of Fire Rescue Assessments
Sec. 18-201. Method of collection.
Sec. 18-202. Alternative method of collection.
Sec. 18-203. Government property.
Secs. 18-204-18-210. Reserved.
Division 4. General Provisions
Sec. 18-211. Applicability.
Sec. 18-212. Alternative method.
Supp. No. 12 1158.1
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 12 1158.2
(b) Repeal of Resolution No. 720. The City of
Winter Springs Resolution No. 720 is hereby
repealed and the levy, collection and enforcement
of non -ad valorem assessments by the Country
Club Village Streetlight Maintenance District shall
be discontinued commencing in the year 2005.
(c) Effective date. This section shall become
effective December 31, 2004 and pursuant to the
City Charter.
(Ord. No. 2003-02, §§ 2, 3, 8, 7-28-03)
Editor's note —Ord. No. 545 and Res. No. 720 are not set
out herein but are available in the office of the city clerk.
ARTICLE IV. FIRE RESCUE ASSESSMENT
DIVISION 1. INTRODUCTION
Sec. 18-151. Definitions.
As used in this article, the following words and
terms shall have the following meanings, unless
the context clearly otherwise requires:
Annual rate resolution means the resolution
described in section 18-178 hereof, establishing
the rate at which a fire rescue assessment for a
specific fiscal year will be computed. The final
assessment resolution shall constitute the annual
rate resolution for the initial fiscal year in which
a fire rescue assessment is imposed or reimposed.
Assessed property means all parcels of land
included on the assessment roll that receive a
special benefit from the delivery of the fire rescue
services, programs or facilities identified in the
initial assessment resolution or a subsequent
preliminary rate resolution.
Assessment roll means the special assessment
roll relating to a fire rescue assessment approved
by a final assessment resolution pursuant to
section 18-176 hereof or an annual rate resolution
pursuant to section 18478 hereof.
Building means any structure, whether tempo-
rary or permanent, built for support, shelter or
enclosure of persons, chattel, or property of any
kind, including mobile homes. This term shall
include the use of land in which lot or spaces are
offered for use, rent or lease for the placement of
mobile homes, travel trailers, or the like for
residential purposes.
Certificate of occupancy means the written cer-
cation issued by the city that a building is
ready for occupancy for its intended use. For the
purposes of this article, a set up or tie down
permit or its equivalent issued for a mobile home
shall be considered a certificate of occupancy.
City means the City of Winter Springs, Florida.
City clerk means the clerk of the city commis-
sion.
City commission means the City Commission of
the City of Winter Springs, Florida.
City manager means the chief administrative
officer of the city, designated by the city commis-
sion to be responsible for coordinating fire rescue
assessments or such person's designee.
County means Seminole County, Florida.
Final assessment resolution means the resolu-
tion described in section 18-176 hereof which
shall confirm, modify, or repeal the initial assess-
ment resolution and which shall be the final
proceeding for the initial imposition of fire rescue
assessments.
Fire rescue assessment means a special assess-
ment lawfully imposed by the city commission
against assessed property to fund all or any
portion of the cost of the provision of fire rescue
services, facilities, or programs providing a spe-
cial benefit to property as a consequence of pos-
sessing a logical relationship to the value, use, or
characteristics of the assessed property.
Fire rescue assessed cost means the amount
determined by the city commission to be assessed
in any fiscal year to fund all or any portion of the
cost of the provision of fire rescue services, facil-
s, or programs which provide a special benefit
to assessed property, and shall include, but not be
limited to, the following components:
(a) The cost of physical construction, recon-
struction or completion of any required
facility or improvement;
(b) The costs incurred in any required acqui-
sition or purchase;
Supp. No. 12 1177
WINTER SPRINGS CODE
(c) The cost of all labor, materials, machin-
ery, and equipment;
(d) The cost of fuel, parts, supplies, mainte-
nance, repairs, and utilities;
(e) The cost of computer services, data pro-
cessing, and communications;
(f) The cost of all lands and interest therein,
leases, property rights, easements, and
franchises of any nature whatsoever;
(g) The cost of any indemnity or surety bonds
and premiums for insurance;
(h) The cost of salaries, volunteer pay, work-
ers' compensation insurance, or other em-
ployment benefits;
(i) The cost ofuniforros. training, fravel_ and
per diem;
(j) The cost of construction plans and speci-
fications, surveys and estimates of costs;
(k) The cost of engineering, financial, legal,
and other professional services;
(1) The costs of compliance with any con-
tracts or agreements entered into by the
city to provide fire rescue services;
(m) All costs associated with the structure,
implementation, collection, and enforce-
ment of the fire rescue assessments, in-
cluding any service charges of the tax
collector, or property appraiser and
amounts necessary to off -set discounts
received for early payment of fire rescue
assessments pursuant to the uniform as-
sessment collection act or for early pay-
ment of fire rescue assessments collected
pursuant to section 18-202 herein;
(n) All other costs and expenses necessary or
incidental to the acquisition, provision, or
construction of fire rescue services, facili-
ties, or programs, and such other ex-
penses as may be necessary or incidental
to any related financing authorized by the
city commission by subsequent resolu-
tion;
(o) A reasonable amount for contingency and
anticipated delinquencies and uncollect-
ible fire rescue assessments; and
(p) Reimbursement to the city or any other
person for any moneys advanced for any
costs incurred by the city or such person
in connection with any of the foregoing
components of fire rescue assessed cost.
In the event the city also imposes an
impact fee upon new growth or develop-
ment for fire rescue related capital im-
provements, the fire rescue assessed cost
shall not include costs attributable to cap-
ital improvements necessitated by new
growth or development that will be paid
by such impact fees. The fire rescue as-
sessed cost shall also not include costs for
the provision of emergency medical ser-
vices by the city.
Fiscal, yena' means that narinr rnmxnanr;.�n
October 1st of each year and continuing through
the next succeeding September 30th, or such
other period as may be prescribed by law as the
fiscal year for the city.
Government property means property owned by
the United States ofAmerica or any agency thereof,
a sovereign state or nation, the State of Florida or
any agency thereof, a county, a special district or
a municipal corporation.
Initial assessment resolution means the resolu-
tion described in section 18-173 hereof which
shall be the initial proceeding for the identifica-
tion of the fire rescue assessed cost for which an
assessment is to be made and for the imposition of
a fire rescue assessment.
Maximum assessment rate means the highest
rate of a fire rescue assessment established by the
city commission in an initial assessment resolu-
tion or preliminary rate resolution and confirmed
by the city commission in the final assessment
resolution or annual rate resolution.
Ordinance means this fire rescue assessment
ordinance.
Owner shall mean the person reflected as the
owner of assessed property on the tax roll.
Person means any individual, partnership, firm,
organization, corporation, association, or any other
legal entity, whether singular or plural, mascu-
line or feminine, as the context may require.
Supp. No. 12 1178
TAXATION
Preliminary rate resolution means the resolu-
tion described in section 18478 hereof initiating
the annual process for updating the assessment
roll and directing the reimposition of fire rescue
assessments pursuant to an annual rate resolu-
tion.
Property appraiser means the Seminole County
Property Appraiser.
Tax collector means the Seminole County Tax
Collector.
Tax roll means the real property ad valorem
tax assessment roll maintained by the property
appraiser for the purpose of the levy and collec-
tion of ad valorem taxes.
Uniform Assessment Collection Act means sec-
tions 197.3632 and 197.3635, Florida Statutes, or
any successor statutes authorizing the collection
of non -ad valorem assessments on the same bill
as ad valorem taxes, and any applicable regula-
tions promulgated thereunder.
(Ord. No. 2008-01, § 1.01, 3-24-08)
Sec. 18-152. Interpretation.
Unless the context indicates otherwise, words
importing the singular number include the plural
number, and vice versa; the terms "hereof," "here-
by," "herein," "hereto," "hereunder" and similar
terms refer to this article; and the term "hereaf-
ter" means after, and the term "heretofore" means
before, the effective date of this article. Words of
any gender include the correlative words of the
other genders, unless the sense indicates other
wise.
(Ord. No. 2008-01, § 1.02, 3-24-08)
Sec. 18-153. General findings.
It is hereby ascertained, determined, and de-
clared that:
(a) Pursuant to Article VIII, section 2(b), Flor-
ida Constitution, and sections 166.021
and 166.041, Florida Statutes, the city
commission has all powers of local self
government to perform municipal func-
tions and to render municipal services in
a manner not inconsistent with law, and
such power may be exercised by the en-
actment of city ordinances.
(b) The city commission may exercise any
governmental, corporate, or proprietary
power for a municipal purpose except when
expressly prohibited by law, and the city
commission may legislate on any subject
matter on which the Florida Legislature
may act, except those subjects described
in (a), (b), (c), and (d) of section 166.021(3),
Florida Statutes. The subject matter of
paragraphs (a), (b), (c), and (d) of section
166.021(3), Florida Statutes, are not rele-
vant to the imposition of assessments
related to fire rescue services, facilities or
programs of the city.
(c) The purpose of this article is to:
(1) Provide procedures and standards
for the imposition of citywide fire
rescue assessments under the gen-
eral home rule powers of a munici-
pality to impose special assessments;
(2) Authorize a procedure for the fund-
ing of fire rescue services, facilities,
or programs providing special bene-
fits to property within the city; and
(3) Legislatively determine the special
benefit provided to assessed prop-
erty fiom the provision of the city's
fire rescue services.
(d) The annual fire rescue assessments, to be
imposed using the procedures provided in this
article, shall constitute non -ad valorem assess-
ments within the meaning and intent of the
Uniform Assessment Collection Act.
(e) The fire rescue assessments to be imposed
using the procedures provided in this article are
imposed by the city commission, not the Seminole
County Board of County Commissioners, the prop-
erty appraiser or the tax collector. The duties of
the property appraiser and tax collector under the
provisions of this article and the Uniform Assess-
ment Collection Act are ministerial.
(Ord. No. 2008-01, § 1.03, 3-24-08)
Sec. 18454. Legislative determinations of
special benefit.
It is hereby ascertained and declared that the
fire rescue services, facilities, and programs pro-
Supp. No. 10 1179
WINTER SPRINGS CODE
vide a special benefit to property because fire
rescue services possess a logical relationship to
the use and enjoyment of improved property by:
(1) Protecting the value and integrity of the
improvements and structures through the
provision of available fire rescue services;
(2) Protecting the life and safety of intended
occupants in the use and enjoyment of
property;
(3) Lowering the cost of fire insurance by the
presence of a professional and comprehen-
sive fire rescue program within the city;
and
(4) Containing the spread of fire incidents
nrrnrrincr nn vacant rnwi
th ith the
_- --- b -- . _.. r- . ...,J s.,.a
potential to spread and endanger the struc-
tures and occupants of improved property.
(Ord. No. 2008-01, § 1.04, 3-24-08)
Secs. 18-155-18-170. Reserved.
DIVISION 2. ANNUAL FIRE RESCUE
ASSESSMENTS
Sec. 18-171. General authority.
(a) The city commission is hereby authoirized
to impose an annual fire rescue assessment to
fund all or any portion of the fire rescue assessed
cost upon benefited property at a rate of assess-
ment based on the special benefit accruing to such
property from the city's provision of fire rescue
services, facilities, or programs. All fire rescue
assessments shall be imposed in conformity with
the procedures set forth in this Division 2.
(b) The amount of the fire rescue assessment
imposed in a fiscal year against a parcel of as-
sessed property shall be determined pursuant to
an apportionment methodology based upon a clas-
sification of property designed to provide a fair
and reasonable apportionment of the fire rescue
assessed cost among properties on a basis reason-
ably related to the special benefit provided by fire
rescue services, facilities, or programs funded
with assessment proceeds.
Supp. No. 12 1180
(c) Nothing contained in this article shall be
construed to require the imposition of fire rescue
assessments against government property.
(Ord. No. 2008-01, § 2.01, 3-24-08)
Sec. 18-172. Initial proceedings.
The initial proceeding for the imposition of a
fire rescue assessment shall be the adoption of an
tial assessment resolution by the city commis-
sion, (1) containing a brief and general descrip-
tion of the fire rescue services, facilities, or pro-
grams to be provided, (2) determining the fire
rescue assessed cost to be assessed, (3) describing
the method of apportioning the fire rescue as-
sessed cost and the computation of the fire rescue
assessment for specific properties, (4) establish-
ing an estimated assessment rate for the applica-
ble fiscal year, (5) establishing a maximum assess-
ment rate, if desired by the city commission, and
(6) directing the city manager to (a) prepare the
sib
assesstne�i Jotl, as required by section
18473 hereof, (b) publish the notice required by
section 18474 hereof, and (c) mail the notice
required by section 18475 hereof using informa-
tion then available from the tax roll.
(Ord. No. 2008-01, § 2.02, 3-24-08)
Sec. 18-173. Initial assessment roll.
TL. i
(a) e cty manager shall prepare, or direct
the preparation of, the initial assessment roll,
which shall contain the following:
(1) A summary description of all assessed
property conforming to the description
contained on the tax roll.
(2) The name of the owner of the assessed
property.
(3) The amount of the fire rescue assessment
to be imposed against each such parcel of
assessed property.
(b) The initial assessment roll shall be re-
tained by the city manager and shall be open to
public inspection. The foregoing shall not be con-
strued to require that the assessment roll be in
printed form if the amount of the fire rescue
assessment for each parcel of property can be
determined by use of a computer terminal avail-
able to the public.
(Ord. No. 2008-01, § 2.03, 3-24-08)
Sec. 18-174. Notice by publication.
(a) Upon completion of the initial assessment
roll, the city manager shall publish, or direct the
publication of, once in a newspaper of general
circulation within the city a notice stating that at
a meeting of the city commission on a certain day
and hour, not earlier than twenty (20) calendar
days from such publication, which meeting shall
be a regular, adjourned, or special meeting, the
city commission will hear objections of all inter-
ested persons to the final assessment resolution
which shall establish the rate of assessment and
approve the aforementioned initial assessment
roll.
(b) The published notice shall conform to the
requirements set forth in the Uniform Assess-
ment Collection Act. Such notice shall include:
(1) A geographic depiction of the property
subject to the fire rescue assessment;
(2) A brief and general description of the fire
rescue services, facilities, or programs to
be provided;
(3) The rate of assessment including a maxi-
mum assessment rate in the event one
was adopted;
(4) The procedure for objecting provided in
section 18-176 hereof;
(5) The method by which the fire rescue as-
sessment will be collected; and
(6) A statement that the initial assessment
roll is available for inspection at the office
of the city manager and all interested
persons may ascertain the amount to be
assessed against a parcel of assessed prop-
erty at the office of the city manager.
(Ord. No. 2008-01, § 2004, 3-24-08)
Sec. 18-175. Notice by mail.
(a) In addition to the published notice required
by section 18-174, the city manager shall provide
notice, or direct the provision of notice, of the
§ to
posed proposed fire rescue assessment by first class
mail to the owner of each parcel of property
subject to the fire rescue assessment.
(b) Such notice shall include:
(1) The purpose of the fire rescue assess-
ment;
(2) The rate of assessment to be levied against
each parcel of property, including a max-
imum assessment rate in the event one
was adopted;
(3) The unit of measurement applied to de-
termine the fire rescue assessment;
(4) The number of such units contained in
each parcel of property;
(5) The total revenue to be collected by the
city from the fire rescue assessment;
(6) A statement that failure to pay the fire
rescue assessment will cause a tax certif-
icate to be issued against the property or
foreclosure proceedings to be instituted,
either of which may result in a loss of title
to the property;
(7) A statement that all affected owners have
a right to appear at the hearing and to file
written objections with the city commis-
sion within twenty (20) days of the notice;
and
(8) The date, time, and place of the hearing.
(c) The mailed notice shall conform to the
requirements set forth in the Uniform Assess-
ment Collection Act. Notice shall be mailed at
least twenty (20) calendar days prior to the hear-
ing to each Owner at such address as is shown on
the tax roll. Notice shall be deemed mailed upon
delivery thereof to the possession of the United
States Postal Service. The city manager may
provide proof of such notice by affidavit. Failure of
the owner to receive such notice due to mistake or
inadvertence shall not affect the validity of the
assessment roll nor release or discharge any ob-
ligation for payment of a fire rescue assessment
imposed by the city commission pursuant to this
article.
(Ord. No. 2008-01, § 2.05, 3-24-08)
Supp. No. 12 1181
§ 18-1to
WINTER SPRINGS CODE
Sec. 18-176. Adoption of final assessment res-
olution.
(a) At the public hearing as noticed pursuant
to sections 18-174 and 18475 hereof, or to which
an adjournment or continuance may be taken by
the city commission, the city commission shall
receive any oral or written objections of interested
persons and may then, or at any subsequent
meeting of the city commission adopt the final
assessment resolution which shall:
(1) Confirm, modify, or repeal the initial as-
sessment resolution with such amend-
ments, if any, as may be deemed appro-
priate by the city commission,
(2) Establish the rate of assessment to be
imposed in the upcoming fiscal year;
(3) Establish a maximum assessment rate
that may be imposed in the event such
rate was adopted;
(4) Approve the initial assessment roll, «,pith
such amendments as it deems just and
rights and
(5) Determine the method of collection.
(b) The adoption of the final assessment reso-
lution by the city commission shall constitute a
legislative determination that all parcels as-
sessed derive a special benefit from the fire rescue
services, facilities, or programs to be provided or
constructed and a legislative determination that
the fire rescue assessments are fairly and reason-
ably apportioned among the properties that re-
ceive the special benefit.
(c) All written objections to the final assess-
ment resolution shall be filed with the city man-
ager at or before the time or adjourned time of
such hearing. The final assessment resolution
shall constitute the annual rate resolution for the
initial fiscal year in which fire rescue assess-
ments are imposed or reimposed hereunder.
(Ord. No. 2008-01, § 2.06, 3-24-08)
Sec. 18-177. Effect of final assessment reso-
lution.
The fire rescue assessments for the initial
fiscal year shall be established upon adoption of
the final assessment resolution. The adoption of
Supp. No. 12 1182
the final assessment resolution shall be the final
adjudication of the issues presented (including,
but not limited to, the determination of special
benefit and fair apportionment to the assessed
property; the method of apportionment and as-
sessment; the initial rate of assessment; the max-
imum assessment rate, if any; the initial assess-
ment roll; and the levy and lien of the fire rescue
assessments), unless proper steps shall be initi-
ated in a court of competent jurisdiction to secure
relief within 20 days from the date of the city
commission action on the final assessment reso-
lution. The initial assessment roll, as approved by
the final assessment resolution, shall be delivered
to the tax collector, as required by the uniform
assessment collection act, or if the alternative
method described in section 18-202 hereof is used
tv �.vlii.uu uil�. iv il..Jli Ulu a olii7pi111:11L�, �ll�.11 l/111G1
official as the city commission by resolution shall
designate.
(Ord. No. 2008-01, § 2.07, 3-24-08)
Sec. 18-178. Adoption of annual rate resolu-
tion.
(a) The city commission shall adopt an annual
rate resolution during its budget adoption process
for each fiscal year following the initial fiscal year
for which a fire rescue assessment is imposed
hereunder.
(b) The initial proceedings for the adoption of
an annual rate resolution shall be the adoption of
a preliminary rate resolution by the city commis-
sion:
(1) Containing a brief and general descrip-
tion of the fire rescue services, facilities,
or programs to be provided;
(2) Determining the fire rescue assessed cost
to be assessed for the upcoming fiscal
year;
(3) Establishing the estimated assessment
rate for the upcoming fiscal year;
(4) Establishing or increasing a maximum
assessment rate, if desired by the city
commission;
(5) Authorizing the date, time, and place of a
public hearing to receive and consider
TAXATION
comments from the public and consider
the adoption of the annual rate resolution
for the upcoming fiscal year; and
(6) Directing the city manager to:
a. Update the assessment roll;
b. Provide notice by publication and
first class mail to affected owners in
the event circumstances described in
subsection M of this section so re-
quire; and
c. Directing and authorizing any sup-
plemental or additional notice deemed
proper, necessary or convenient by
the city.
(c) The annual rate resolution shall:
(1) Establish the rate of assessment to be
imposed in the upcoming fiscal year; and
(2) Approve the assessment roll for the up-
coming fiscal year with such adjustments
as the city commission deems just and
right. The assessment roll shall be pre-
pared in accordance with the method of
apportionment set forth in the initial as-
sessment resolution, or any subsequent
preliminary rate resolution, together with
modifications, if any, that are provided
and confirmed in the final assessment
resolution or any subsequent annual rate
resolution.
(d) Nothing herein shall preclude the city com-
mission from providing annual notification to all
owners of assessed property in the manner pro-
vided in sections 18-174 and 18475 hereof or any
other method as provided by law.
(e) The city commission may establish or in-
crease amaximum assessment rate in an initial
assessment resolution or preliminary rate resolu-
tion and confirm such maximum assessment rate
in the event notice of such maximum rate assess-
ment has been included in the notices required by
section 18-174 and 18475 hereof.
(f) In the event (1) the proposed fire rescue
assessment for any fiscal year exceeds the rates of
assessment adopted by the city commission in-
cluding a maximum assessment rate, if any, that
were listed in the notices previously provided to
§ to
owners the owners of assessed property pursuant to sec-
tions 18474 and 18-175 hereof, (2) the purpose
for which the fire rescue assessment is imposed or
the use of the revenue from the fire rescue assess-
ment is substantially changed from that repre-
sented by notice previously provided to the own-
ers of assessed property pursuant to sections
18474 and 18475 hereof, (3) assessed property is
reclassified or the method of apportionment is
revised or altered resulting in an increased fire
rescue assessment from that represented by no-
tice previously provided to the owners of assessed
property pursuant to sections 18-174 and 18-175
hereof, or (4) an assessment roll contains assessed
property that was not included on the assessment
rolI approved for the prior fiscal year, notice shall
be provided by publication and first class mail to
the owners of such assessed property as provided
by law. Such notice shall substantially conform
with the notice requirements set forth in sections
18474 and 18475 hereof and inform the owner of
the date, time, and place for the adoption of the
annual rate resolution. The failure of the owner to
receive such notice due to mistake or inadvert-
ence shall not affect the validity of the assessment
roll nor release or discharge any obligation for
payment of a fire rescue assessment imposed by
the city commission pursuant to this article.
(g) As to any assessed property not included on
an assessment roll approved by the adoption of
the final assessment resolution or a prior year's
annual rate resolution, the adoption of the suc-
ceeding annual rate resolution shall be the final
adjudication of the issues presented as to such
assessed property (including, but not limited to,
the determination of special benefit and fair ap-
portionment to the assessed property, the method
of apportionment and assessment, the rate of
assessment, the establishment or increase of a
maximum assessment rate, the assessment roll,
and the levy and lien of the fire rescue assess-
ments), unless proper steps shall be initiated in a
couA of competent jurisdiction to secure relief
within twenty (20) days from the date of the city
commission action on the annual rate resolution.
Nothing contained herein shall be construed or
interpreted to affect the finality of any fire rescue
assessment not challenged within the required
twenty -day period for those fire rescue assess-
Supp. No. 12 1183
WINTER SPRINGS CODE
menu previously imposed against assessed prop-
erty by the inclusion of the assessed property on
an assessment roll approved in the final assess-
ment resolution or any subsequent annual rate
resolution.
(h) The assessment roll, as approved by the
annual rate resolution, shall be delivered to the
tax collector as required by the uniform assess-
ment collection act, or if the alternative method
described in section 18-202 hereof is used to
collect the fire rescue assessments, such other
official as the city commission by resolution shall
designate. If the fire rescue assessment against
any property shall be sustained, reduced, or abated
by the court, an adjustment shall be made on the
assessment roll.
(Ord. No. 2008-01, § 2.08, M4-08)
Sec. 18-179. Lien of fire rescue assessments.
Upon the adoption of the assessment roll, all
fire rescue assessments shall constitute a lien
against assessed property equal in rank and dig-
nity with the liens of all state, county, district, or
municipal taxes and special assessments. Except
as otherwise provided by law, such lien shall be
superior in dignity to all other prior liens, mort-
gages, titles, and claims, until paid. The lien for a
fire rescue assessment shall be deemed perfected
upon the city commission's adoption of the final
assessment resolution or the annual rate resolu-
tion, whichever is applicable. The lien for a fire
rescue assessment collected under the uniform
assessment collection act shall attach to the prop-
erty included on the assessment roll as of the
prior January 1, the lien date for ad valorem
taxes imposed under the tax roll. The lien for a
fire rescue assessment collected under the alter-
native method of collection provided in section
18-202 shall be deemed perfected upon the city
commission's adoption of the final assessment
resolution or the annual rate resolution, which-
ever is applicable, and shall attach to the property
on such date of adoption.
(Ord. No. 2008-01, § M% M4-08)
Sec. 18480. Revisions to fire rescue assess-
ments.
If any fire rescue assessment made under the
provisions of this article is either in whole or in
part annulled, vacated, or set aside by the judg-
ment of any court, or if the city commission is
satisfied that any such fire rescue assessment is
so irregular or defective that the same cannot be
enforced or collected, or if the city commission has
failed to include or omitted any property on the
assessment roll, which property should have been
so included, the city commission may take all
necessary steps to impose a new fire rescue as-
sessment against any property benefited by the
fire rescue assessed costs, following as nearly as
may be practicable, the provisions of this article
and in case such second fire rescue assessment is
annulled, vacated, or set aside, the city commis-
sion may obtain and impose other fire rescue
assessments until a valid fire rescue assessment
i� imposwi.
(Ord. No. 2008-01, § 2.10, M4-08)
Sec. 18-181. Procedural irregularities.
Any informality or irregularity in the proceed-
ings in connection with the levy of any fire rescue
assessment under the provisions of this article
shall not affect the validity of the same after the
approval thereof, and any fire rescue assessment
as finally approved shall be competent and suffi-
cient evidence that such fire rescue assessment
was duly levied, that the fire rescue assessment
was duly made and adopted, and that all other
proceedings adequate to such fire rescue assess-
ment were duly had, taken, and performed as
required by this article; and no variance from the
directions hereunder shall be held material un-
less it be clearly shown that the party objecting
was materially injured thereby.
(Ord. No. 2008-01, § 2.11, M4-08)
Sec. 18-182. Correction of errors and omis-
sions.
(a) No act of error or omission on the part of
the property appraiser, tax collector, city man-
ager, city commission, or their deputies or employ-
ees, shall operate to release or discharge any
obligation for payment of a fire rescue assessment
imposed by the city commission under the provi-
sion of this article.
Supp. No. 12 1184
TAXATION
(b) When it shall appear that any fire rescue
assessment should have been imposed under this
article against a parcel of property specially ben-
efited by the provision of fire rescue services,
facilities, or programs, but that such property was
omitted from the assessment roll; or such prop-
erty was erroneously assessed; or was not listed
on the tax roll as an individual parcel of property
as of the effective date of the assessment roll
approved by the annual rate resolution for any
upcoming fiscal year, the city commission may,
upon provision of a notice by mail provided to the
owner of the omitted or erroneously assessed
parcel in the manner and form provided in section
18-175, impose the applicable fire rescue assess-
ment for the fiscal year in which such error or
omission is discovered, in addition to the applica-
ble fire rescue assessment due for the prior two
fiscal years. Such fire rescue assessment shall
constitute a lien against assessed property equal
in rank and dignity with the liens of all state,
county, district, or municipal taxes and special
assessments, and superior in rank and dignity to
all other prior liens, mortgages, titles, and claims
in and to or against the real property involved,
shall be collected as provided in Division 3 hereof,
and shall be deemed perfected on the date of
adoption of the resolution imposing the omitted or
delinquent assessments.
(c) Prior to the delivery of the assessment roll
to the tax collector in accordance with the
form Assessment Collection Act, the city manager
shall have the authority at any time, upon his or
her own initiative or in response to a timely filed
petition from the owner of any property subject to
a fire rescue assessment, to reclassify property
based upon presentation of competent and sub-
stantial evidence, and correct any error in apply-
ing the fire rescue assessment apportionment
method to any particular parcel of property not
otherwise requiring the provision of notice pursu-
ant to the Uniform Assessment Collection Act.
Any such correction shall be considered valid ab
initio and shall in no way affect the enforcement
of the fire rescue assessment imposed under the
provisions of this article. All requests from af-
fected property owners for any such changes,
modifications or corrections shall be referred to,
and processed by, the city manager and not the
property appraiser or tax collector.
(d) After the assessment roll has been deliv-
ered to the tax collector in accordance with the
Uniform Assessment Collection Act, any changes,
modifications, or corrections thereto shall be made
in accordance with the procedures applicable to
correcting errors and insolvencies on the tax roll
upon timely written request and direction of the
city manager.
(Ord. No. 2008-01, § 2.1% 3-24-08)
Sec. 18-183. Interim assessments.
(a) An interim fire rescue assessment may be
imposed against all property for which a certifi-
cate of occupancy is issued after the adoption of
the annual rate resolution. The amount of the
interim fire rescue assessment shall be calculated
upon a monthly rate, which shall be one -twelfth
(�12) of the annual rate for such property com-
puted in accordance with the annual rate resolu-
tion for the fiscal year for which the interim fire
rescue assessment is being imposed. Such monthly
rate shall be imposed for each full calendar month
remaining in the fiscal year. In addition to the
monthly rate, the interim fire rescue assessment
may also include an estimate of the subsequent
fiscal year's fire rescue assessment.
(b) Issuance of the certificate of occupancy
without the payment in full of the interim fire
rescue assessment shall not relieve the owner of
such property of the obligation of full payment.
Any interim fire rescue assessment not collected
prior to the issuance of the certificate of occu-
pancy may be collected pursuant to the Uniform
Assessment Collection Act as provided in section
18-201 of this article, under the alternative col-
lection method provided in section 18-202 or by
any other method authorized by law.
(c) Any interim fire rescue assessment shall be
deemed due and payable on the date the certifi-
cate of occupancy was issued and shall constitute
a lien against such property as of that date. Said
lien shall be equal in rank and dignity with the
liens of all state, county, district or municipal
taxes and special assessments, and superior in
rank and dignity to all other liens, encumbrances,
titles and claims in and to or against the real
property involved and shall be deemed perfected
upon the issuance of the certificate of occupancy.
(Ord. No. 2008-01, § 2.13, 3-24-08)
Supp. No. 19 1185
§ 18-184 WINTER SPRINGS CODE
Sec. 18=184. Authorization for exemptions Secs. 18-185-18-200. Reserved.
and hardship assistance.
(a) The city commission, in its sole discretion,
shall determine on an annual basis whether to
provide exemptions from payment of the fire
rescue assessment for government property or
institutional property whose use is wholly or
partially exempt from ad valorem taxation under
Florida law.
(b) The city commission, in its sole discretion,
shall determine on an annual basis whether to
provide a program of hardship assistance to city
residents who are living below or close to the
poverty level and are at risk of losing title to their
homes as a result of the imposition of the fire
rescue assessments.
\l�/ Vli d1Y [i11111Ldl IJd5Y5, �Yle l;l �y GU111111YSb'lUll
shall designate the funds available to provide any
exemptions or hardship assistance. The provision
of an exemption or hardship assistance in any one
year shall in no way establish a right or entitle-
ment to such exemption or assistance in any
subsequent year and the provision of funds in any
year may be limited to the extent funds are
available and appropriated by the city commis-
sion. Any funds designated for exemptions or
hardship assistance shall be paid by the city from
funds other than those generated by the fire
rescue assessment.
(d) Any shortfall in the expected fire rescue
assessment proceeds due to any hardship assis-
tance or exemption from payment of the fire
rescue assessments required by law or authorized
by the city commission shall be supplemented by
any legally available funds, or combination of
such funds, and shall not be paid for by proceeds
or funds derived from the fire rescue assessments.
In the event a court of competent jurisdiction
determines any exemption or reduction by the
city commission is improper or otherwise ad-
versely affects the validity of the fire rescue
assessment imposed for any fiscal year, the sole
and exclusive remedy shall be the imposition of a
fire rescue assessment upon each affected tax
parcel in the amount of the fire rescue assessment
that would have been otherwise imposed save for
such reduction or exemption afforded to such tax
parcel by the city commission.
(Ord. No. 2008-01, § 2014, 3-24-08)
DIVISION 3. COLLECTION AND USE OF
FIRE RESCUE ASSESSMENTS
Sec. 18-201. Method of collection.
(a) Unless otherwise directed by the city com-
mission, the fire rescue assessments shall be
collected pursuant to the uniform method pro-
vided in the Uniform Assessment Collection Act,
and the city shall comply with all applicable
provisions of the Uniform Assessment Collection
Act. Any hearing or notice required by this article
may be combined with any other hearing or notice
required by the Uniform Assessment Collection
A t nr C+b^r p. n:,iolon of la..'
(b) The amount of a fire rescue assessment to
be collected using the uniform method pursuant
to the Uniform Assessment Collection Act for any
specific parcel of benefited property may include
an amount equivalent to the payment delin-
quency, delinquency fees and recording costs for a
prior year's assessment for a comparable service,
facility, or program provided:
(1) The collection method used in connection
with the prior year's assessment did not
employ the use of the uniform method of
collection authorized by the Uniform As-
sessment Collection Act;
(2) Notice is provided to the owner as re-
quired under the Uniform Assessment
Collection Act; and
(3) Any lien on the affected parcel for the
prior year's assessment is supplanted and
transferred to such fire rescue assess-
ment upon certification of a non -ad valo-
rem roll to the tax collector by the city.
(Ord. No. 2008-01, § 3.01, 3-24-08)
Sec. 18-202. Alternative method of collec-
tion.
In lieu of using the Uniform Assessment Col-
lection Act, the city commission may elect to
collect the fire rescue assessments by any other
Supp. No. 12 1186
TAXATION § 18-202
method which is authorized by law or under the in accordance with paragraph (a)(6) of
alternative collection method provided by this this section. The city commission or its
section: agent shall notify any property owner
(a) The city commission shall provide fire who is delinquent in payment of his or her
rescue assessment bills by first class mail fire rescue assessment within sixty (60)
to the owner of each affected parcel of days from the date such assessment was
property that is subject to the fire rescue due. Such notice shall state in effect that
assessment. The bill or accompanying ex- the city commission or its agent will ei-
planatory material shall include: ther:
(1) Abrief explanation of the fire rescue (1) Initiate a foreclosure action or suit
assessment; in equity and cause the foreclosure
(2) A description of the unit of measure- of such property subject to a delin-
ment used to determine the amount quent fire rescue assessment in a
of the fire rescue assessment; method now or hereafter provided by
(3) The number of units contained within law for foreclosure of mortgages on
the parcel; real property; or
(4) The total amount of the fire rescue (2) Cause an amount equivalent to the
assessment imposed against the par. delinquent fire rescue assessment,
cel for the appropriate period; not previously subject to collection
(5) The location at which payment will using the uniform method under the
be accepted; Uniform Assessment Collection Act,
to be collected on the tax bill for a
(6) The date on which the fire rescue subsequent year.
assessment is due, and
(7) A statement that the fire rescue as- (d) All costs, fees and expenses, including
sessment constitutes a lien against reasonable attorney fees and title search
assessed property equal in rank and expenses, related to any foreclosure ac-
dignity with the liens of all state, tion as described herein shall be included
county, district or municipal taxes in any judgment or decree rendered therein.
and other non -ad valorem assess- At the sale pursuant to decree in any such
ments. action, the city may be the purchaser to
the same extent as any person. The city
(b) A general notice of the lien resulting from commission or its agent may join in one
imposition of the fire rescue assessments foreclosure action the collection of fire
shall be recorded in the official records of rescue assessments against any or all
the city. Nothing herein shall be con- property assessed in accordance with the
strued to require that individual liens or provisions hereof. All delinquent owners
releases be filed in the official records. whose property is foreclosed shall be lia-
(c) The city commission shall have the right ble for an apportioned amount of reason"
to foreclose and collect all delinquent fire able costs and expenses incurred by the
rescue assessments in the manner pro- city commission and its agents, including
vided by law for the foreclosure of mort. reasonable attorney fees, in collection of
gages on real property or appoint or re- such delinquent fire rescue assessments
tain an agent to institute such foreclosure and any other costs incurred by the city
and collection proceedings. A fire rescue commission as a result of such delinquent
assessment shall become delinquent if it fire rescue assessments and the same
is not paid within thirty (30) days from shall be collectible as a part of or in
the date payment was due, as identified addition to, the costs of the action.
Supp. No. 12 1187
WINTER SPRINGS CODE
(e) In lieu of foreclosure, any delinquent fire
rescue assessment and the costs, fees and
expenses attributable thereto, may be col-
lected pursuant to the Uniform Assess-
ment Collection Act; provided however,
that:
(1) Notice is provided to the owner in
the manner required by the Uniform
Assessment Collection Act and this
article; and
(2) Any existing lien of record on the
affected parcel for the delinquent
fire rescue assessment is supplanted
by the lien resulting from certifica-
tion of the assessment roll as appli-
cable, to the tax collector.
(f) Notwithstanding the city commission's use
of an alternative method of collection, the
city manager shall have the same power
and authority to correct errors and omis-
sions as provided to hiin or other city
officials in section 18-182 hereof.
(g) Any city commission action required in
the collection of fire rescue assessments
may be by resolution.
(Ord. No. 2008-01, § 3.02, 3-24-08)
Sec. 18=203. Government property.
(a) In the event fire rescue assessments are
imposed against government property, the city
commission shall provide fire rescue assessment
bills by first class mail to the owner of each
affected parcel of government property. The bill or
accompanying explanatory material shall in-
clude:
(1) A brief explanation of the fire rescue as-
sessment;
(2) A description of the unit of measurement
used to determine the amount of the fire
rescue assessment;
(3) The number of units contained within the
parcel;
(4) The total amount of the parcel's fire res-
cue assessment for the appropriate pe-
riod;
(5) The location at which payment will be
accepted; and
(6) The date on which the fire rescue assess-
ment is due.
(b) Fire rescue assessments imposed against
government property shall be due on the same
date as all other fire rescue assessments and, if
applicable, shall be subject to the same discounts
for early payment.
(c) Afire rescue assessment shall become de-
linquent if it is not paid within 30 days from the
date payment was due, as identified in paragraph
(a)(6) of this section. The city commission shall
notify the owner of any government property that
is delinquent in payment of its fire rescue assess-
mnn} within eivt�� (90) d^yti -F�n thE) d�tn ,,nh
assessment was due. Such notice shall state that
the city commission will initiate a mandamus or
other appropriate judicial action to compel pay-
ment.
(d) All costs, fees and expenses, including rea-
sonable attorney fees and title search expenses,
related to any mandamus or other action as
described herein shall be included in any judg-
ment or decree rendered therein. All delinquent
owners of government property against which a
mandamus or other appropriate action is filed
shall be liable for an apportioned amount of
reasonable costs and expenses incurred by the
city, including reasonable attorney fees, in collec-
tion of such delinquent fire rescue assessments
and any other costs incurred by the city commis-
sion as a result of such delinquent fire rescue
assessments and the same shall be collectible as a
A of or in addition to, the costs of the action.
(e) As an alternative to the foregoing, a fire
rescue assessment imposed against government
property may be collected as a surcharge on a
utility bill provided to such government property
in periodic installments with a remedy of a man-
damus action in the event of non-payment. The
city commission may contract for such billing
services with any utility, whether or not such
utility is owned by the city.
(Ord. No. 2008-01, § 3.03, 3-24-08)
Secs. 18-204-18-210. Reserved,
Supp. No. 12 1188
DIVISION 4. GENERAL PROVISIONS
Sec. 18-211. Applicability.
This article and the city commission's author-
ity to impose assessments pursuant hereto shall
be applicable throughout the city.
(Ord. No. 2008-01, § 4.01, 3-24-08)
Sec. 18-212. Alternative method.
(a) This article shall be deemed to provide an
additional and alternative method for the doing of
the things authorized hereby and shall be re-
garded as supplemental and additional to powers
conferred by other laws, and shall not be regarded
as in derogation of any powers now existing or
which may hereafter come into existence. This
article, being necessary for the welfare of the
inhabitants of the city, shall be liberally construed
to effect the purposes hereof.
(b) Nothing herein shall preclude the city com-
mission from directing and authorizing, by reso-
lution, the combination with each other of.
(1) Any supplemental or additional notice
deemed proper, necessary, or convenient
by the city;
(2) Any notice required by this article; or
(3) Any notice required bylaw, including the
Uniform Assessment Collection Act.
(Ord. No. 2008-01, § 4.02, 3-24-08)
[The next page is 1227]
Supp. No. 12 1189
CODE COMPARATIVE TABLE
Ordinance
Section
Number
Date
Section
this Code
2006-02
5-22-06
2
2418
2006-03
5-22-06
2
20-419
200641
941-06
2
9-10(c)
200642
2-12-06
2
20451
200648
10-23-06
2
16-51-16-61,
16-76-1649
Rpld
16-80-16-841
16-86
Amd
16-87
Added
16-89-16-92
3
20-470
4
20-486
5
Rpld
20-337
2006-19
1143-06
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
1241-06
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- M),
10-80(1), 10-812
10-88(d), 10-91(1),
10-93, 10-115(c)(2),
10436
7
19-174(c)
2007-08
4- 9-07
2
19-97
3
19400
200742
641-07
2
2-151, 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
9-6002 9-607
2007-29
12-10-07
2
20-351,20-354
2007-30
12-10-07
2
30-323(a)
2007-31
1240-07
2
17-27
2007-32
1- 4-08
2
8-1, 8-5,
8-32(1)
200M1
3-24-08
1.01—L04
18451-18-154
2.01-2.14
18-171-18484
3.01-3.03
18-201-18-203
4.01, 44602
18-211, 18-212
2008-07
444-08
2
6-300-6-302
[The next page is 21451
Supp. No. 12
2101
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) 163.3171 et seq. Ch. 15
19-95(b) 163.3180 9-546, 9-547
19-95(c) 9-550. 9-551
19-129 163.318l(3) 20402(f)
17-555.360 Ch. 19, Art, IV, Ch. 163.3202 9-391
Div.2 Cho 166 Cho
20-26
F.S. Section 20-28(a)
Section this Code 166.021 10-87
20.30 20-232(a)(64) 18453
34.191 114 166.032 2-89
Ch.50 2-64(b)(1) 166.041 141
50.041 2-64 10-52
50.051 2-64 20-102(f)
18-153
60.05 1344 20404
Ch. 97, Ch. 98 2-89 166.201 et seq. Ch. 2, Art. VI
99.093 2-88 Ch. 18
100.201 et seq. 2-94 166.221 Ch. 10
100.361 2-26(b) 166.231 18-2% 18-30
Ch. 101 2-93 166.231 et seq. Ch. 18, Art. II
101.62-101.70 2-92 16640425 Ch. 16, Art, III
101.657 2-96 166.3161 20-104
Ch. 140 18-26 170.01 et seq. Ch. 17
Ch. 102 2-85 Ch. 171 Ch. 2, Art. V
2-93 Cho 177 Cho
119.07 18-29 9-% 9-9
Ch. 162 Ch. 2, Art, III, Div, 2 Ch. 180 et seq. Ch. 17
2-56, 6-32 189A042 18-121
19-174 197.3632 18451
162.05 2-57 19763635 18-151
162.05(3) 2-58 200.065 Ch. 2, Art, VI
162.06(2), 162.06(3) 2-59 Ch. 202 18-28
162.07 2-60 202.11 18-26
162.08 2-61 202.20 18-31
162.09 2-61 203.012 18-26
3-3 Cho 205 Cho 10
162.10-162.13 2-62-2-65 Ch. 10, Art. II
162.22 3-10, 10-57 205.043(c) 10-30
Ch. 163 9-391, 10-52 2056053 10-32
20-26 205.053(1) 10-29
Ch. 163, Pt. II 9-500 Ch. 212 18-27
20-28(a) Ch. 218 Ch. 2, Art. VI
163.3161 et seq. 9-386.1 315.1956 12-65
Supp. No. 12 2145
WINTER, SPRINGS CODE
F.S. Section F.S. Section
Section this Code Section this Code
Ch. 316 Ch. 12 Ch. 826 10-55, 1043
12-2 Ch.827 1043
13-26 Cho 828 Cho
20-431(1)a. Ch. 847 10-551 10-73
316.1945(b)(2) 7-4 847.13 10-55
316.1955 et seq. 20-467,20-483 847.0133 10-55
20-504 Ch.849 10-115
316.2055 Ch. 16, Aft. II 849.04 Ch. 10, Art, IV
31642065 13-62 849.07 Ch. 10, Art, IV
3164293 1344 849.16 10415
Ch.318 12-2 865.09 10-68
Ch.320 12-2 865.09 10-61
Ch. 322 12-2 874.03 13-72, 13-74
3376401 18-31 Cho 893 10-73
Ch. 380.06 9403 893,138 13-72, 13-74
403A15 13-36 Cho 893 1342
Ch. 16, AA6 II 893.138 13-70
479.155 Ch. 16, Art. III Ch. 895 10-73
Ch.480 10-55 943.085-943.255 2-68
4894105 6-32 943.25(13) 11-2(a), 11-2(b)
4890127 6-2709 6-272,
6-274, 6-2759
6-279
4890132 6-27016-272
533.73 6-31, 6-32
538.01 et seq. Ch. 10, Aft. VI
Ch. 553 Ch. 6
Ch. 6, Art, III
553.06 Ch. 6, Art, V
553.19 Ch. 6, Art. IV
553.73 Ch. 61 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)
705.101 et seq. 2-1
775.082, 775.083 2-69.5(e), 11-1
Ch. 794 10-55, 1043
Ch. 796 10-52, 10-55, 10-73
796.07 1342, 13-74
Ch. 800 10-551 10-73
806.101 7-3
812.019 13-74
817.32, 817.33 Ch. 10, Art. IV
[The next page is 21971
Supp. No. 12 2146
CODE INDEX
Section Section
A ADULT ENTERTAINMENT ESTABLISH-
MENTS, SEXUALLY ORIENTED BUSI-
ABANDONMENT NESSES (Cont'd.)
Abandoned property; disposition by city .. 24 Local business tax receipts/home occupa-
City-owned property; disposal of surplus tions .............................. 10-93
property. . 0 6 4 4 4 6 # 4 * 0 0 a 0 V 6 9 0 * 0 s 6 0 0 9 0 2494 Measurement of distance................ 10402
Motor vehicle abandonment ............. 12-531 12-54 Notice.................................. 10-56
Nonconformities ........................ 9-565 Obscenity/indecent exposure unlawful .... 10-54
Street and alley abandonment .......... 0 17-27 Operation contrary to operational require -
ACCOUNTS, ACCOUNTING ments ............................. 10-85
Sewerage revenue generation system Other offices and departments, responsibil-
Account established .................. 19426 ities of............................ 10-59
Accountant certification of adequate Penalties/remedies/relief. a 0 # 0 9 a V 4 4 * 0 * a 0 0 0 10-57
maintenance .................... 19429 Prohibited locations for.................. 10401
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. . . 0 s 0 a 0 a 0 0 6 . 0 * a 0 10-91
prohibited ......................... 10-92 Special provisions relating to escort
Consent ................................ 10-63 and escort services............ 10-90
Construction ........................... 10-53 Purpose, findings and intentlincorporation
Continuing duty/false or misleading infor- of whereas clauses. 10-52
mation ............................ 10-62 Records and reports
Definitions ............................. 10-55 Generally............................ 1040
Engaging in prohibited activity Unlawful provisions, records .......... 10-88
Customers..... ... 10-82 Worker records....................... 1045
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 . sets . 10-86
Special prohibitions relating to, unlaw- Zoning ................................. 10-100
ful provisions ................... 10-90
Establishment name change ............. 10-72 ADVERTISING. See: SIGNS AND ADVER-
General requirements ................... 10-76 TISING
Immunity from prosecution .............. 10-95 AFFIRMATION. See: OATH, AFFIRMATION,
License SWEAR OR SWORN
Annual fee ........................... 10-68
Application and application fee .sees... 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. . * s & 9 0 0 0 4 * 6 0 0 0 0 a 9 10-65
Operation without .................... 10-84 ALARMS, ALARM SYSTEMS
Reapplication after denial ............. 10-67 False alarms
Reasons for denial of application of.... 10-66 Prohibited ........................... 7-28
Required. . 0 4 * 0 * * 0 a a a 0 * 6 . 0 s * 0 * I a 0 * a * * 0 10-58 Warning notice....................... 13-58
Suspension and revocation Fire and security alarms
Of license, generally ............... 1043 Automatic shut-off of alarm ........... 13-56
Proceedings ....................... 1044 Classification of alarm ................ 13-57
Transfer of ........................... 10-71 Compliance for existing system........ 13-53
Supp. No. 12 3111
ALARMS, ALARM SYSTEMS (Confd.)
Definition, a a 0 0 9 a 0 4 a 0 0 6 9 a a a a 4 6 a a a 0 9 a a 0
Disconnection of system, a a # 0 a 0 a 9 a 0 a 6 6 0
Emergency telephone number ....... 0 .
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..............................d
Location of business prohibited near church
or school .........................a
Nudity prohibited upon alcohol licensed
premises, bottle clubs ..............
Upon containers in public places ........ .
Penalty...............................a
State of emergency (declaration of) ...... .
Vendors (alcoholic beverage) in town center
AMENDMENTS
Additions and amendments deemed incor-
porated in Code ....................
Altering Code ...........................
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 as
Kennel zoning., a Sao 0*00 06044**o boom 0044
Noise disturbances prohibited
Specific provisions ....................
Zoning regulations for animals.......... .
ANNEXATIONS
Annexations east of DeLeon Street prohib-
WINTER SPRINGS CODE
Section
ANNEXATIONS (ConfdJ
13-51 Certain ordinances not affected by Code . .
13-61 Fee ....................................
13-55 Waiting period for annexation .......... .
13-58 ANTENNAS
13-52 Television dish antennas ............... .
13-54 APPROPRIATIONS
13-59 Certain ordinances not affected by Code . .
13-60
ARBORS. See: TREES AND SHRUBBERY
3-5 ASSESSMENTS
3-1 Annual fire rescue assessments ......... .
See: FIRE RESCUE ASSESSMENT
Local improvements
3-4 Certain ordinances not affected by Code
Local improvements assessments. .
3-2 See: TAXATION
ATHLETIC FACILITIES
3-10 Tree of rif�> s)thlnt;n faltailitinCes f ne
3 7 ..�_. , ... .
3-8 AUDITS, AUDITING
2-255 City -owned property, recording and identi-
3-3 fying re auditing procedure ........ .
AUTOMATIC
FIRE SPI?INI�I,FR, SY�T'+'M
Florida Fire Prevention Code, local amend-
1 10 mentto ...........................
1-14 AWNINGS
1-11 Permit for erection of awnings over side-
walk
Fee, a 9 6 a a a 0 a 0 6 a a 0 W F 0 a 0 a 9 a a 0 P a 9 a 0 a 6 a 4 4
Required; application .................
7-46 et seq.
20-104
KI
13-31(f)
10-115
4-1
20-416
13-31(c)
20-413
C3
BANNERS
Signs and advertising requirement ...... .
BARBED WIRE. See: FENCES, WALLS,
HEDGES AND ENCLOSURES
BARRICADES
Street excavation barricades .............
BARS
Alcoholic beverage regulations generally. .
See: ALCOHOLIC BEVERAGES
BEAUTIFICATION BOARD
Composition; appointment of members .. .
Created................................
Duties; expenditures ....................
Master beautification plan; recommenda-
tions to city ...................... .
Organization; meetings, a a 0 0 a 4 6 0 6 a I a a a * 0 6
BEER
Alcoholic beverage regulations generally. .
See: ALCOHOLIC BEVERAGES
BIDS, BIDDING. See: FINANCES
Section
18-151
et seq.
18-51 et seq.
22
16-87
3-1 et seq.
3-1 et seq.
Supp. No. 12 3112
CODE INDEX
Section
BILLBOARDS. See: SIGNS AND ADVERTIS-
ING
BLASTINGAGENTS.Sees 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 .. 1-7(2)
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 .... 1747
BOOKSTORES
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
Administration
Administrative amendments to the Flor-
ida Building Code
Chapter 1......................... 6-31
Chapter 2......................... 6-32
Adoption of Florida Building Code ap-
pendices ........................ 6-34
Establishing the location of local wind
speed lines ...................... 6-33
Temporary storage structures ......... 6-87
Annual fire rescue assessments .......... 18-151 et seq.
See: FIRE RESCUE ASSESSMENT
Automatic fire sprinkler systems
Florida Fire Prevention Code, local
amendment to .................. 7-60
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
Section
BUILDINGS (Cont'd.)
Plumbing inspector, building inspector
as.............................. 6427
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 ............... 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 ..........................smog 6-281
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
Electricalcode ....................... 6-101
Energy efficiency code adopted ........ 6-6
Gas code..... 6-240
Mechanical code...... 6.146 et seq.
See herein: Mechanical Code
Plumbing code ....................... 6426
Standard building code
Adopted ........................... 6-81
Amendment to building code........ 6-82
Standard existing building code
Adopted ........................... 6-81
Standard housing code
Adopted ........................... 6-81
Swimming pool code .................. 6-210
Unsafe building abatement code....... 6465
Compliance with provisions. 6-2
Construction sign ....................... 16-59
Contractors
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
Energy efficiency code adopted........... 6-6
Fences, walls and hedges ................ 6-186 et seq.
See: FENCES, WALLS, HEDGES AND
ENCLOSURES
Flood damage prevention........... go*** 8-1 et seq.
See: FLOOD DAMAGE PREVENTION
Supp. No. 12 3113
WINTER SPRINGS CODE
Section
BUILDINGS (Cont'd.)
Florida Building Code, administrative
amendments to. See herein: Adminis-
tration
Inspections. See herein: Permits and In-
spections
International Property Maintenance Code
Adopted ............................. 6-300
Preemption; Florida Building Code; Flor-
ida Fire and Life Safety Code .... 6-302
Supplemental; minimum standards .... 6-301
Land development ...................... 9-2 et seq.
See: LAND DEVELOPMENT
Mechanical code
Adopted ............................. 6446
Definitions.... Be 0*0 0 4 6 6 6 0 9 0 0 0 4 V 6-147
Fee.................................. 6-149
Mechanical inspection ................ 6-148
Noise disturbances prohibited
Specific provisions
Construction ....... egos goo .......a 13-31(d)
Occupant
Definitions and rules of construction... 1-2
Outdoor display/billboard................ 16-77 et seq.
See: SIGNS AND ADVERTISING
Owner
Definitions and rules of construction... 1-2
Keeping surrounding property clean, re-
sponsibility re ................... 13-3
Permits and inspections
Failure to obtain building permit. See
herein: Citations; Unlicensed Con-
tractor; Failure to Obtain a Build-
ing Permit
Signs; building permit required........ 16-53
Plumbing
Plumbing code adopted ............... 6-126
Terms defined ........................ 6-127
PUD zoning districts
Setback requirements (minimum) ..... 6-86
Purpose ................................ 64
Restricted hours of building construction
or installation or construction of sub-
division improvements ............. 11-6
Screen enclosures., of 90 0 so **got 6-85
Storage
Temporary storage structures ......... 6-87
Swimming pools ........................ 6-210 et seq.
See: SWIMMING POOLS
Television dish antennas ................ 6-83
Uniform building numbering system
Administration and assignment of num-
ber ............................. 9-373
Code enforcement board authority ..... 9-376
Definitions ..........................4 9-370
Establishment of system ............. 0 9-372
Posting of numbers .................. 6 9-374
Purpose ............................a 9-371
Section
BUILDINGS (Cont'd.)
Unsafe buildings
Court action to compel compliance or
prosecution upon disregard of no-
tice. .... food 460#600 Beef $fee Geoff 6-168
Notice of unsafe building to be served on
person having interest in building;
method of service, . 4 6 9 6 a 0 s s 0 0 0 a s P 6467
Standards for repair or removal ....... 6-166
Unsafe building abatement code
Adopted ........................... 6465
Vacating unsafe buildings and closing
adjacent streets ................. 6469
Violations, penalty ...................... 6-4
Zoning regulations ...................... 20-1 et seq.
See: ZONING
BURNING
Open-air burning
BUSES. See: MOTOR VEHICLES AND TRAF-
t ll
C
CABARETS
Adult en er a ninein establislrrnerts ..... 10-5G m seq.
See: ADULT ENTERTAINMENT ES-
TABLISHMENTS, SEXUALLY
ORIENTED BUSINESSES
CAMPAIGNS. See: ELECTIONS
CANALS
Prohibitions ............................ 13-2
CANDIDATES. See: ELECTIONS
CANVASSERS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
CARPORT SALES
At-home sales .......................... 10-137
CATS
Animal regulations generally ............ 4-1 et seq.
See: ANIMALS AND FOWL
CERTIFICATES, CERTIFICATION
Sewerage revenue generation system
Accountant certification of adequate
maintenance....... .... fogs moos 0 19429
CHURCHES
Adult entertainment establishments
Prohibited locations .................. 10-101
Alcoholic beverage sales prohibited near.. 3-2
Sexually oriented businesses
Prohibited locations .................. 10-101
CITY
Definitions and rules of construction ..... 1-2
Use of city athletic facilities; fees ........ 2-2
Supp. No. 10 3114
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. . 0 * 0 0 * 4 * 0 0 0 0 M 0 0 a 6
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..................................
Procedures to pay, contest citations ..... .
Provisions supplemental. . 4 9 V * * * 0 * * . a 0 a 0 .
Violation classification; civil penalty..... .
Violations, schedule of.... .
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. . * * s 0 * 0 0 a * 4 * 6 * 4 0 . s 0 s 4 0 0 9 0 a 0 0 0 4 * *
Powers .................................
Provisions supplemental. . * * 0 # * * 4 0 0 0 4 0 * 0
Wastewater system, enforcement board.. .
CODE OF ORDINANCES*
CODE INDEX
Section
CODE OF ORDINANCES (Cont'd.)
Additions and amendments deemed incor-
2-95 porated in Code...............
2-81 Altering Code. . 0 0 0 0 9 6 % 9 t 0 0 0 0 * 0 * % a a 0 a % # 4 4
Amendments to Code; affect of new ordi-
nances; amendatory language...... .
18-151 et seq. Catchlines of sections .................. .
Certain ordinances not affected by Code . .
1-2 Definitions .............................
General penalty; continuing violation; vio-
lation as public nuisance .......... .
9-2 History notes ...........................
2-26 How Code designated and cited ......... .
20-27 Prior offenses, rights, etc., Code does not
affect.............................
18-151 et seq. References and editor's notes ........... .
References to chapters or sections....... .
2492 Repeal of ordinances, affect of .......... .
Severability of parts of Code ............ .
Supplementation of Code....... .
2-69.6 COMMITTEES AND COMMISSIONS. See:
2-69.1 DEPARTMENTS AND OTHER AGEN-
2-56 et seq. CIES OF CITY
2-69 COMPUTATION OF TIME
2-68 Definitions and rules of construction .... .
2-67 CONTRACTS AND AGREEMENTS
2-69.2 Certain ordinances not affected by Code . .
2"69.7 Code does not affect prior contracts, etc.. .
2-66 Old age and survivors' insurance, execu-
2-69.5 tion of agreement ..................
2-69.8 Supplementation of Code ............... .
2-69.3
2-69A COUNTY
Definitions and rules of construction .... .
2-63 COURTS
9-376 Court costs
2-59 Assessment and collection of; use......
2-56 Unsafe building, court action re......... .
2-62 CURFEW
Declaration of a state of emergency ..... .
2-58
2-60 D
2-61.5
2-62
2-57
2-64
2-61
2-65
19-30
*Note —The adoption, amendment, repeal, omissions, effec-
tive date, explanation of numbering system and other matters
pertaining to the use, construction and interpretation of this
Code are contained in the adopting ordinance and preface
which are to be found in the preliminary pages of this volume.
DANCE HALLS
ddu
DEPARTMENTS AND OTHER AGENCIES
OF CITY
See: BEAUTIFICATION BOARD
Boards, committees, commissions gener-
ally
Appointments of boards and committees
Fee to appointed board members; waiver
City commission ........................
City forestry office.* veto$
Code enforcement board. 0 6 9 4 *
See: CODE ENFORCEMENT BOARD
Section
1-2
1-9
1-2
2-255
2-76 et seq.
2-42
2-41
2-26
5-5
2-56 et seq.
Supp. No. 10 0115
DEPARTMENTS AND OTHER AGENCIES
OF CITY (Cont'd.)
Definitions and rules of construction .... .
Election board ..........................
Fire department provisions ............ 0 .
See: FIRE DEPARTMENT
Land development site plan review board.
See: LAND DEVELOPMENT
Officers' and employees' pension plan, board
oftrustees re ......................
Planning and zoning board ............ 9 .
See: ZONING
Public nuisance abatement board ...... a .
See: PUBLIC NUISANCE ABATEMENT
BOARD
Public service tax; exempted entities .... .
Traffic violations bureau, a 0 a 0 a 9 a a 4 0 a a 4 6 0 a
Zoning board of adjustment, a 4 a 6 0 a 0 0 a a 0 a .
See: ZONING
DEVELOPMENT. See: PLANNINGAND DE-
VLLOPMEINT; See also: LAUD DEVEL-
OPMENT
DISH ANTENNAS
Television dish antennas .........move...
ll1SUItT3liRLY CUNllUC11'
Dance halls, disorderly conduct in....... .
WINTER SPRINGS CODE
Section
ELECTIONS (Cont'd.)
Determination of person elected......... .
1-2 Early voting exemption, a a a 0 9 a a a 0 0 4 0 4 6 6 a .
2-85 Election board ..........................
74 et seq. Election supervisor .....................
Municipal elections to be general elections
9-341 et seq. Nonpartisanship required .............. .
Proclamation ...........................
Qualifying fees ........................ .
14-52 Recall of elected official ................ .
20-51 et seq. Registration of voter ................... .
Vacancy in office ........................
13-70 et seq. Voting machines ........................
Voting places ...........................
18-30 ELECTRICITY
12-28 Electrical code adopted ..................
20-76 et seq. Electrical inspection ................... .
Fees...................................
Flood damage control ...................
Municipal public service tax ............ .
See: TA A1'1UN
Swimming pools, electrical requirements
6-83
Terms defined ..........................
FTrECTRONTC T)F17TCES
10-ill Noise disturbances prohibited
Specific provisions ................... .
DISTRICTS
Zoning districts ........................0 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.. a a sees of sets be Doom
Open drainage ditches; storm sewers . .
Storm water management, a 0 a 0 0 0 a 9 0 0 a .
DRUMS
Noise provisions ....................... .
DUMPSTERS
Definitions .............................
Minimum screening requirements....... .
E
ELECTIONS
Absentee voting .........................
Applicability of Code to election where ques-
tions are submitted ............... .
Candidates, qualification of. 6 6 a 0 a a 0 a a a 0 0 .
Canvass of return .......................
Certain ordinances not affected by Code . .
City clerk, additional duties of .......... .
Code enforcement board election ........ .
Noise
4-1 et seq. EMERGENCY MANAGEMENT
Applicability of provisions .............. .
Certification of emergency conditions.... .
Declaration of a state of emergency .ammo .
Definitions .............................
9-106 Fire emergencies, a a 0 a 4 0 0 a W 0 1 a a 6 a & a a 0 4 a F .
9-242 Intent ..................................
9405 Police emergencies ..................... .
9-241 Powers, duties, responsibilities.......... .
Structure, emergency management...... .
Suspension of local building regulations . .
13-30 Termination of state of emergency....... .
Weather emergencies,. 0 owes 004 goads stag .
9-280 EMPLOYEES. See: OFFICERS AND EM-
9-281 PLOYEES
ENCLOSURES. See: FENCES, WALLS,
HEDGES AND ENCLOSURES
Section
2-84
2-96
2-85
2-8
2-83
2-86
2-82
2-88
2-26
2-89
2-87.1
2-91
2-90
6-101
6-103
6-104
8-2
18-26 et seq.
13-31(a)
NERGY
2-92 E
Building energy efficiency code .......... 6-6
2-94 ENTERTAINMENT. See: AMUSEMENTS
2-87 AND AMUSEMENT PLACES
2-93
1-7(16) ESCORTS AND ESCORT SERVICES
2-95 Escort service, generally, . 0 0 0 a 0 a a a 9 9 0 a 0 a a 10-81
2-58 Special provisions relating to ............ 10-90
Supp. No. 12 3116
CODE INDEX
Section
EVACUATION
Declaration of a state of emergency ...... 2-255
EXCAVATIONS
Street excavations ...................... 17-76 et seq.
See: STREETS AND SIDEWALKS
EXPENDITURES
Sewerage revenue generation system, ex-
penditures re ...................... 19-128
EXPLOSIVES AND BLASTING AGENTS
Declaration of a state of emergency ...... 2-255
Noise disturbances prohibited
Specific provisions .................... 13-31(g)
Regulation of explosives ................. 7-27
E9
FALSE ALARMS
Service fee ............................. 13-59
Waiver of fee ........................... 13-60
Warning notice ......................... 13-58
FENCES, WALLS, HEDGES AND ENCLO-
SURES
Barbed wire permissible, when .......... 6-189
Building numbers to be affixed to walls,
fences, etc. ........................ 9-374
Construction material ................... 6-187
Drainage ditch fence required, when ..... 9406
Exceptions to provisions ................. 6-188
Height limitations generally ............. 6490
Maintenance of fences or walls........... 6495
Permit required ........................ 6486
Property line, distance from ............. 6-193
Provisions not controlling; exception...... 6494
Street, intersection, limitations when adja-
cent to ............................ 6-191
Swimming pool enclosures ............... 6-217
Utility easements ....................... 6-192
FINANCES
Annual fire rescue assessments .......... 18-151 et seq.
See: FIRE RESCUE ASSESSMENT
Bids, bidding
When written bids required; waiver; small
purchases ....................... 2452
Budget
Certain ordinances not affected by Code 1-7(7)
Emergency procurement re state of emer-
gency ............................. 2-255
Fee
Certain ordinances not affected by Code 14(17)
Old age and survivors' insurance contribu-
tion ...........................offs 14-28
Payment of money
Certain ordinances not affected by Code 14(2), (17)
Purchasing
Purchasing policy and procedure estab-
lished .........................0 2-151
Section
FINANCES (Cont'd.)
When written bids required; waiver; small
purchases, . 0 4 a s 0 0 0 0 % a a 0 & 0 * * 0 * f & 0 2-152
Stormwater management utility fund .... 19-167
FINES, FORFEITURES AND OTHER PEN-
ALTIES
Certain ordinances not affected by Code.. 14(1)
Code does not affect prior forfeitures, pens,
alties,etc. ......................... 1-9
Code enforcement citations ............. a 2-69.1 et seq.
Code violations
General penalty; continuing violation;
violations as public nuisances .... 1-15
Penalties for specific acts, omissions, etc.
See specific subjects as indexed
Repeal of ordinances, effect of............ 1-8
FIRE DEPARTMENT
Created...............................a 7-2
Department division .................... 7-5
Deputy fire chief ........................ 74
Fire chief....... 7-3
Deputy fire chief ..................... 74
Fire emergencies. . s a s a 0 0 s a 0 0 9 0 0 0 0400 *0*6 2-263
Land development
Impact fees (police, fire, parks and rec-
reation facilities) ................ 9-391 et seq.
Organization ........................... 7-1
Responsibility, delegation of ............. 7-5
FIRE HYDRANTS. See: FIRE PREVEN-
TIONAND PROTECTION
FIRE PREVENTION
See: ALARMS, ALARM SYSTEMS
FIRE PREVENTION AND PROTECTION
Annual fire rescue assessments ..........
18-151 et seq.
See: FIRE RESCUE ASSESSMENT
Buildings
International Property Maintenance Code
Preemption; Florida Building Code;
Florida Fire and Life Safety Code
6-302
Explosives, regulation of ................
7-27
False alarms prohibited .................
7-28
Fire department provisions ..............
74 et seq.
See: FIRE DEPARTMENT
Fire hydrants
Approval and acceptance by city.......
7-80
Installation specifications .............
748
Land development
Required prior to building on lots ...
9478
Obstruction of hydrants. . 0 0 4 6 9 6 a 0 a 0
7-79
On site static water supplies ..........
7-81
Parking near prohibited ..............
12-65
Required. . a 4 a 0 f a f 9 f 0 4 9
746
Responsibility for provision and mainte-
nance ...........................
7-77
Supp. No. 12 3117
FIRE PREVENTION AND PROTECTION
(Cont'd.)
Florida Fire Prevention Code, local amend-
ment to
Appeal..............................
Automatic fire sprinkler systems ..... .
Impact fee credits ................... .
Procedure for ........................
Hydrants. See herein: Fire Hydrants
Open-air burning regulated ..............
FIRE RESCUE ASSESSMENT
Annual fire rescue assessments
Adoption of annual rate resolution.... .
Adoption of final assessment resolution
Authorization for exemptions and hard-
ship assistance ..................
Correction of errors and omissions.....
Effect of final assessment resolution .. .
General authority ................... .
Initial assessment roll ............... .
Initial proceedings ....................
Interim assessments ..................
Lien of fire rescue assessments....... .
Notice by mail ...................... .
Notice by publication ................ .
Procedural irregularities ..............
Revisions to fire rescue assessments .. .
Collection and use of fire rescue assess-
ments
Alternative method of collection ...... .
Government property .................
Method of collection ................. .
Definitions .............................
General findings ........................
General provisions
Alternative method ...................
Applicability .........................
Interpretation ..........................
Legislative determinations of special bene-
fit................................
FIREARMS AND WEAPONS
Declaration of a state of emergency ..... .
Discharging or brandishing firearms .... .
Noise disturbances prohibited
Specific provisions ................... .
FIREWORKS
Regulation of explosives .................
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions ..... .
Definitions .............................
Development permit ................... .
Floodplain administrator
Designation of .......................
Duties and responsibility of .......... .
General standards ......................
Interpretation ..........................
Lands to which provisions apply ........ .
Noncompliance, penalties for ........... .
WINTER SPRINGS CODE
Section Section
FLOOD DAMAGE PREVENTION (Cont'd.)
Reducing flood losses, method of ......... 8-3
Regulatory floodways, standards for...... 8-55
Shallow flooding (AO zones), standards for
7-50 areas of., ......................... 8-53
7-60 Small streams, standards for ............ 8-54
7-54 Special flood hazard
7-46 Basis for establishing areas of......... 8-5
Designations, warning regarding area of 8-8
7-26 Specific standards ...................... 8-52
Statement of purpose and objectives...... 8-2
Variance procedure ..................... 8-34
18-178 Violations, penalties, . * & 4 4 0 * W V I V 0 0 a 0 m a 0 * 0 8-9
18-176 Warning regarding area of special flood
hazard designation, ................ 8-8
18-184 FLORIDA. See: STATE
18-182
18-177 FLORIDA STATUTES. See: F.S.
18-171
18-173 FOLLOWING, PRECEDING
to tun _
Definitions$I1Q rules OI COIISGrUCLlOn ..... i-L
18-183
18479 FORFEITURE. See: FINES, FORFEITURES
18-175 AND OTHER PENALTIES
18-174
18-181 FOWL. See: ANIMALS AND FOWL
18-180 FRANCHISES
Certain ordinances not affected by Code.. 1-7(4)
18-202 Tax in addition to franchise taxes ....... 0 18-29
18-203 F.S.
18-201 Definitions and rules of construction ..... 1-2
18-151
18-153
G
18-212 GARAGE SALES
18-211
18-152 At-home sales .......................... 10-137
GARBAGE AND TRASH
18-154 Dumpsters ............................. 9-280, 9-281
Garbage service to be provided for certain
2-255 tenants ........................... 19-1
11-5 Prohibitions ............................ 13-2
13-31(g) GAS CODE
Adopted ................................ 6-240
Defmitions ............................. 6-241
7-27 Fees..................................0 6-243
Inspection .............................. 6-242
8-6 GAS, GASOLINE
8-1 Flood damage control ................... 8-2
8-33 Municipal public service tax ............. 18-26 et seq.
8-31 See: TAXATION
8-32 GENDER
8-51 Definitions and rules of construction ..... 1-2
8-7
8-4 GLASSWARE
8-9 Prohibitions ............................ 13-2
Supp. No. 12 3118
CODE INDEX
Section Section
GOLD IN WRITING, WRITTEN
Secondhand precious metals ............. 10-151 et seq. Definitions and rules of construction ..... 1-2
See: SECONDHAND PRECIOUS MET-
ALS INDEBTEDNESS OF CITY
Certain ordinances not affected by Code .. 14(2)
GONGS INDECENCY AND OBSCENITY
Noise provisions ........................ 13-32 Adult entertainment establishments, sex,,
GOODS, WARES OR MERCHANDISE ually oriented businesses
Declaration of a state of emergency ...... 2-255 Obscenity, indecent exposure unlawful. 10-54
Peddlers and solicitors requirements ..... 10436 et seq. INVENTORIES
See: PEDDLERS, CANVASSERS AND City -owned property inventor 2492
SOLICITORS y p p y y..........
IRRIGATION SYSTEM
GRADES, GRADING Reclaimed water system ................. 19-136 et seq.
Certain ordinances not affected by Code .. 14(6) See: UTILITIES
Land development, street grades generally 9-148
GRASS, LEAVES, UNDERBRUSH, ETC.
Land development requirements re grass. 9-160
H
HANDBILLS
Signs and advertising regulations gener-
ally ............................... 16-26 et seq.
See: SIGNS AND ADVERTISING
HEALTH AND SANITATION
Noise
Immediate threat to health and welfare 1341
HEDGES. See: FENCES, WALLS, HEDGES
AND ENCLOSURES
HISTORICAL PRESERVATION
Tree protection and preservation
Definitions (historic, specimen trees)... 5-3
Specimen, historic trees. . o 6 6 4 * 4 4 4 & * 4 5-8
HYDRANTS. See: FIRE PREVENTION AND
PROTECTION
E
IMPACT FEES
Florida Fire Prevention Code, local amend-
ment to
Impact fee credits ****Got 7-54
Land development
Police, fire, parks and recreation facili-
ties ............................. 9-391 et seq.
Transportation impact fees............ 9-386.1 et seq.
See: LAND DEVELOPMENT
IMPOUNDMENT
Motor vehicle impoundment ............. 12-54
IMPROVEMENTS. See: PUBLIC WORKS
AND IMPROVEMENTS
IN THE CITY
Definitions and rules of construction ..... 1-2
KENNELS
Zoning regulations .............Otto..... 20416
I/
LAKES
Prohibitions ............................ 13-2
Supp. No. 12 3119
CODE INDEX
Section Section
LICENSES AND PERMITS MECHANICAL CODE
Adult entertainment establishments, sex- Code adopted ........................... 6-146
ually oriented businesses ........... 10-58 et seq. Definition .............................. 6447
See: ADULT ENTERTAINMENT ES- Fees ................................... 6449
TABLISHMENTS, SEXUALLY Inspection .............................. 6-148
ORIENTED BUSINESSES
Awnings, permit for erection over side- MERCHANDISE. See: GOODS, WARES OR
walks ............................. 17-51 et seq. MERCHANDISE
See: STREETS AND SIDEWALKS MINORS
Dance hall permit. . a 0 4 4 0 0 a 0 6 0 a a 0 9 0 4 * 6 0 0 * 10411 Adult entertainment establishments, sex -
Excavation permit ........... beef ....... 1746 ually oriented businesses
Fences, walls, hedges, permits ........... 6-186 Unlawful provisions .................. 10-87
Flood damage control development permit 8-33 Alcoholic beverage sales near schools pro -
Industrial wastewater contribution permit 19-52 hibited ............................ 3-2
Minimum community appearance and aes- Secondhand precious metals, dealing with
thetic review standards persons under age eighteen years pro -
Approval prerequisite for permits...... 9-601 hibited ............................ 10-155
Building permits ..................... 9-606
Nonconformities MOBILE HOMES AND MOBILE HOME
Special permit ....................... 9-568 PARKS
Peddlers and solicitors permit ........... 10-136 et seq. Zoning regulations for trailers and mobile
See: PEDDLERS, CANVASSERS AND homes. . a a 0 . 0 0 * 0 0 * 4 4 a a 0 4 0 a 6 a 9 # 0 4 0 & * 20-91 et seq.
SOLICITORS See: ZONING
Sign permit ............................ 16-53 et seq.
See: SIGNS AND ADVERTISING MONTH
Street and sidewalk permit .............. 17-1 et seq. Definitions and rules of construction ..... 1-2
See: STREETS AND SIDEWALKS MONUMENTS
Tree removal, land clearing permit....... 54 et seq. Land development monuments........... 9480
Vested rights special use permit ......... 9402
LIENS MOTELS. See: HOTELS AND MOTELS
Code enforcement board lien. . 2-62 MOTOR VEHICLES AND TRAFFIC
Application for satisfaction or release of 2-61.5 Abandonment
Fire rescue assessment Impoundment and redemption ........ 12-54
Annual fire rescue assessments Prohibited ........................... 12-53
Lien of fire rescue assessments ..... 18-179 Adoption of state law .................... 12-2
Public nuisance abatement board ........ 1346 Buses
LIQUOR. See: ALCOHOLIC BEVERAGES Stands, use of ........................ 12-68
Citations
LITTERING Alteration or destruction .............. 12-32
Nuisance provision. . 13-2 Failure to obey....................... 12-31
Streets, sidewalks, etc., littering ......... 17-28 Issuance ............................. 12-29
LOCAL IMPROVEMENTS. See: PUBLIC Cleaning, repairing vehicles on roadway.. 12-66
Definitions ............................. 12-1
WORKS AND IMPROVEMENTS Fines for violations ..................... 12-30
LOUDSPEAKERS Gongs, sirens on vehicles, noise provisions 13-32
Noise disturbances prohibited Handbill distribution on or in vehicles.... 16-28
Specific provisions. 13-31(b) Impoundment
Illegally parked or abandoned vehicles,
M impoundment and redemption of . 12-54
Intersections
MANUFACTURED HOUSING Fences, etc., limitations re ............ 6-191
Flood damage control standards ......... 8-51 Land development requirements....... 9455
Obstructions ......................... 17-30
MAPS. See: SURVEYS, MAPS AND PLATS Stop intersections
MAY, SHALL Certain ordinances not affected by
Definitions and rules of construction ..... 1-2 Code ......................... 14(14)
Land development
MAYOR Off-street parking and loading ....... 0 9-276 et seq.
Election proclamation ................... 2-82 See: LAND DEVELOPMENT
Supp. No. 12 3129
MOTOR VEHICLES AND TRAFFIC (ConfdJ
Mobile homes to be parked in mobile home
parks; exception ...........Good....
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
Bus, 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., .... E40 a Dole Soso Sees @as
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 ........................
Referral of parking violations to hear-
ing officer ................... .
Duties to regulate motor vehicles and
traffic ..........................
Fines for violations ...................
' h•affic violation bureau, powers and du-
ties of ..........................
Regulations generally ....... wool . bog .too
Skateboarding, roller skating, in -line skat-
ing, other similar activities on humans,
propelled devices., . S See $of Posses 000
WINTER SPRINGS CODE
Section Section
MOTOR VEHICLES AND TRAFFIC (Cont'd.)
Speed limits
1240 Certain ordinances not affected by Code 14(14)
Vehicular speed limits .......... stood . 12-52
1344 Taxicabs
Passenger rates
13-31(h) Certain ordinances not affected by
13-31(e) Code ......................... 14(13)
Stands, use of, se osoo4vue be to 4 *VOODOO 0 12-68
12-69 Traffic violation bureau, powers and duties
9-276 et seq, of ................................. 12-28
Traffic -control signs, signals and devices
20-128 et seq. Certain ordinances not affected by Code 14(14)
Land development; streetlights and traf-
1-7(14) fic signs ........................ 9-204
Obedience to ......................... 12-67
Truck routes
12-68 Certain ordinances not affected by Code 1-7(14)
12-27 Violations, fines for ..................... 12-30
12-66 Referral of parking violations to hearing
officer .......................... 12-33
12-54 Zones
Loading and unloading zones.......... 12-69
9-276 et seq. Zoning regulations for motor vehicles..... 20-431 et seq.
See: ZONING
12-69 MULCHING
1240 Land development requirements ......... 9-160
MUSICAL INSTRUMENTS
Noise disturbances prohibited
1-7(14) Specific provisions .................... 13-31(a)
12-67
9-276 et seq. N
20-128 et seq. NOISE
Coiz•ection for character of sound......... 13-36
12-65 Definitions ............................. 13-27
Designation of noise sensitive zones ...... 1343
Emergency exception .................... 13-32
14(14) Immediate threat to health and welfare .. 13-41
Lead agency or official. 13-28
Maximum permissible sound levels by re-
12-27 ceiving land use ................... 13-35
Motor vehicle noise ..................... 13-44
12-32 Noise control officer
12-31 Powers .............................. 13-29
12-29 Noise disturbances prohibited
Generally ............................ 13-30
12-33 Specific provisions .................... MEEK
Notice of violation ...................... 13-40
12-26 Other remedies ........................4 1342
12-30 Penalties ..............................a 13-39
Purpose and scope ...................... 13-26
12-28 Required measurement procedures....... 13-38
12-51 Standardized measurements required .... 13-37
Variances
Special event variances ............... 13-33
13-62 Variances for time to comply ......... 6 13-34
Supp. No. 12 3130
NUDITY
Nudity prohibited upon alcohol licensed
premises and bottle clubs.......... .
NUISANCES
Definitions .............................
Duty of owners of buildings to keep sur-
rounding property clean; notice; fail-
ure to comply with notice.......... .
Fire and security alarms ............... .
See: ALARMS AND ALARM SYSTEMS
General prohibition .....................
Noise..................................
See: NOISE
Procedure for city enforcement of non -
imminent hazards ................ .
Prohibitions ............. ...............
Public nuisance abatement board ....... .
See: PUBLIC NUISANCE ABATEMENT
BOARD
Skateboarding, roller skating, in4ine skat-
ing, other similar activities on human,,
propelled devices. . t * * * * * * 6 0 0 a 0 9 a 0 # 6
Swimming pool nuisances ............. a .
NUMBER
Definitions and rules of construction .... .
n
OATH, AFFIRMATION, SWEAR OR SWORN
Definitions and rules of construction .... .
OBSCENITY. See: INDECENCY AND OB-
SCENITY
Assessment and collection of court costs;
use...............................
Certain ordinances not affected by Code . .
City -owned shade trees, injuring ........ .
Civil infractions, schedule of, . 4 a
Code does not affect prior offenses, etc... .
Firearms, discharging or brandishing ... .
Repeal of ordinances, effect of........... .
State misdemeanors adopted; penalty ... .
Tree prohibitions .......................
7lespass ...............................
OFFICERS AND EMPLOYEES
Building inspector ......................
See: BUILDINGS
Certain ordinances not affected by Code . .
City forester ............................
Code enforcement board inspector....... .
Code enforcement officers .............. .
Code violations
General penalty; continuing violation;
violations as public nuisance .... .
Definitions and rules of construction .... .
Deputy fire chief. . .
Election supervisor .....................
CODE INDEX
Section Section
OFFICERS AND EMPLOYEES (Cont'd.)
Emergency management director ........ 2-253 et seq.
3-10 Fire chief. & 4 4 0 4 6 0 4 * 4 4 o 9 a a 0 * o o 4 * 7-3
Deputy fire chief ..................... 7-4
Floodplain administrator ................ 8-31 et seq.
13-1 See: FLOOD DAMAGE PREVENTION
Noise control officer ..................... 13-29
Old age and survivors' insurance
13-3 Adoption of title II social security act .. 14-30
13-51 et seq. Contribution ......................... 14-28
Custody of fund ...................... 14-31
134 Execution of agreement ............... 14-27
13-26 et seq. Extension of benefits ................. 14-26
Record ............................... 14-29
Pension plan
13-4 Adopted ............................. 14-51
13-2 Board of trustee ...................... 14-52
13-70 et seq. Personnel rules or regulations
Certain ordinances not affected by Code 14(11)
Policy, rules and regulations ............. 144
Recall of elected officials ................ 2-26
13-62 OFFICIAL TIME
6-222 Definitions and rules of construction ..... 1-2
1-2 OLD AGE AND SURVIVORS INSURANCE.
See: OFFICERS AND EMPLOYEES
OPEN-AIR BURNING
Regulated .............................. 7-26
PARKS AND RECREATION
Adult entertainment establishments, sex-
ually oriented businesses
Prohibited locations .................. 10401
11-2 Concurrency administration and evalua-
1-7(1) tion procedure
114 Level of service standards (LOS) for
2-69.4 parks and recreation ............ 9-514
1-9 Land development
11-5 Impact fees (police, fire, parks and rec-
1-8 reation facilities) ................ 9-391 et seq.
114 Public grounds
540 Definitions and rules of construction... 1-2
11-3 Use of city athletic facilities; fees ....... 4 2-2
6-5 et seq. PEDDLERS, CANVASSERS AND SOLICI-
TORS
14(18) Alcoholic beverage vendors in town center 3-3
5-5 At-home sales .......................... 10437
2-59 Transient or itinerant solicitors; permit
2-67 et seq. required; prerequisite to issuance ... 10436
PENSIONS AND RETIREMENT
1-15
Officers' and employees' pension plan .... 14-51 et seq.
See: OFFICERS AND EMPLOYEES
1-2
7-4 PERFORMANCE BONDS. See: BONDS,
2-81 SURETY OR PERFORMANCE
Supp. No. 10 3131
PERSON
Definitions and rules of construction .... .
PHONOGRAPHS
Noise provisions ....................... .
PLANNING AND DEVELOPMENT
Comprehensive plan
Adherence to law .................... .
Adopted.............................
Compliance ..........................
Distribution of copies .................
Comprehensive plan amendments
Advertisement of public hearing...... .
Application deadline., .... us Be a bases$ 0
Authority, purpose and intent ........ .
City commission transmittal public hear-
ing.............................
Department of Community Affairs com-
ments..........................
Effectiveness of the adopted amend-
mentI I I.. , . I ... I ..... 1.. 11 1
Exemptions ......................... .
Initiation of amendments ............ .
Local planning agency review and rec-
ommendation .................. .
Review
Criteria ...........................
Procedure .........................
Transmittal of adopted amendment to
the Department of Community Af-
fairs............................
Impact fees
Police, fire, parks and recreation facili-
ties................. 9 f BOB*......
Transportation facilities ............. .
Land development ..................... .
See: LAND DEVELOPMENT
Master beautification plan .............. .
See also: BEAUTIFICATION BOARD
Tree protection and preservation
Protection during development, construc-
tion; periodic inspection......... .
Zoning regulations generally, E 0 a 0 9 a 0 s d * 6 .
See: ZONING
WINTER SPRINGS CODE
Section
PLUMBING (Cont'd.)
1-2 Plumbing code adopted.
Swimming pools, plumbing requirements
Ila
15-28
15-26 et seq.
15-27
15-29
15-39
15-32
15-30
15-38
15-40
1 -43
15-33
15-31
15-37
15-36
15-35
9-391 et seq.
9-386 et seq.
9-1 et seq.
2-80
5-14
20-1 et seq.
PLATINUM
Secondhand precious metals ............. 10-151 et seq.
See: SECONDHAND PRECIOUS MET-
ALS
PLATS. See: SURVEYS, MAPS AND PLATS
PLAYGROUNDS
Prohibitions ............................ 13-2
PLUMBING
Cross -connection control, backflow preven-
tion ............................... 19-151 et seq.
See: UTILITIES
Fees...................................
Inspection ..............................
Terms defined ..........................
POLICE DEPARTMENT
Emergencies, police .................... .
Land development
Impact fees (police, fire, parks and rec-
reation facilities) ............... .
Traffic responsibility ................... .
See: MOTOR VEHICLES AND TRAF-
FIC
POLITICS. See: ELECTIONS
PRECEDING, FOLLOWING
Definitions and rules of construction .... .
PRECIOUS METALS. See: SECONDHAND
PRECIOUS METALS
PRISONS AND PRISONERS
one violations
General penalty; continuing violation;
violation as public nuisance ..... .
PROCEEDINGS. See: SIJITS ,ACTIONS AIV�D
OTHER PROCEEDINGS
PROPERTY
Abandoned property, disposition by city.. .
City -owned personal property
Definition ............................
Disposal of surplus property ..........
Identification; records; inventory ..... .
Property supervision and control ..... .
Surplus property, disposal of..........
Definitions and rules of construction .... .
Fire rescue assessment
Collection and use of fire rescue assess-
ments
Government property ..............
Handbill distribution upon residential prop-
erty prohibited without consent of
owner .............................
International Property Maintenance Code
See: BUILDINGS
PUBLIC NUISANCE ABATEMENT BOARD
Appeal.................................
Composition; term ..................... .
Creation of the public nuisance abatement
board.............................
Definitions ............................ .
Enforcement procedures .................
Intent and purpose .....................
Penalties; fines; liens; recording......... .
Powers; duties; jurisdiction .......... .
6-129 PUBLIC PLACES. See: STREETS AND SIDE.
6-128 WALKS
Section
6-126
6-221
6427
2-262
9-391 et seq.
12-26 et seq.
1-2
2-1
6-300
16-27
et seq.
Supp. No. 12 3132
PUBLIC SERVICE TAX. See: TAXATION
PUBLIC WORKS AND IMPROVEMENTS
Code violation
Penalty by labor on city works ....... .
Land development required improvements
See: LAND DEVELOPMENT
Local improvements
Certain ordinances not affected by Code
PURCHASING. See: FINANCES
0
RADIOS
Noise provisions ........................
RATIONING
Declaration of a state of emergency ..... .
RECLAIMED WATER SYSTEM. See: UTILI-
TIES
RECREATION. See: PARKS AND RECRE-
ATION
RETIREMENT. See: PENSIONS AND RE-
TIREMENT
ROCKS
Land development rock removal ........ .
RUMMAGE SALES
At-home sales ..........................
SCHOOLS
Adult entertainment establishments, sex-
ually oriented businesses
Prohibited locations ..................
Alcoholic beverage sales prohibited near. .
SECONDHAND PRECIOUS METALS
Dealing with persons under age eighteen
years prohibited ..................0
Definitions ......................Good...
Minors
Dealing with persons under age eigh-
teen years prohibited............
Storage of articles during waiting period .
Transactions, register of. . 0 0 a a 0 0 a I V V * 0 0 * *
Waiting period prior to disposal of certain
property. 0 V * * e e * 0 0 4 6 s 0 a 6 6 * 6 * . 4 4 6 6 * 6
CODE INDEX
Section
1-15
9-176 et seq.
2-255
10-101
3-2
10-155
10-151
10-155
10-154
10-152
10-153
ECURITY ALARM
S
Provisions generally. .................... 13-51 et seq.
See: ALARMS, ALARM SYSTEMS
SEMINOLE COUNTY. See: COUNTY
SEPTIC TANKS
Land development, septic tank requ
Wastewater system, private septic tanks re
SEVERABILITY
Severability of parts of Code ............ .
SEWERS. See: UTILITIES
SHALL, MAY
Definitions and rules of construction .... .
SHRUBBERY. See: TREES AND SHRUB-
BERY
SIDEWALKS. See: STREETS AND SIDE-
WALKS
SIGNATURE, SUBSCRIPTION
Definitions and rules of construction .... .
SIGNS AND ADVERTISING
911 emergency response system......... .
Applications; permit fees; review period;
approval criteria; appeals.......... .
Building permit required ............... .
Construction and maintenance standards.
Definitions ............................ .
Exemptions from permit requirements .. .
Handbills and procedures, distribution of
Aiding and abetting prohibited ....... .
Exemptions from provisions .......... .
Findings offset ......................
Granting of variances. . .
Residential property, distribution upon
prohibited without consent of owner
Vehicles in public places, distribution on
or in prohibited .................
Loudspeakers
Noise disturbances prohibited
Specific provisions ................ .
Nonconforming signs ....................
Prohibited signs ........................
Purpose and intent .....................
Skateboarding, roller skating, etc.
Prohibition signs .....................
Standards
Banners .............................
Bench signs....
Enforcement ......... ................
Generally ............................
Implied consent ......................
Outdoor display/billboards
Off -premises signs prohibited ...... .
On -premises signs .................
Severability, ..........................
Supplemental sign regulations ....... .
Viewpoint neutral ....................
Weather.
Supplemental temporary sign requirements
Traffic signs ............................
Waiver .................................
Section
1-2
1-2
13-62(d)
SILVER
Secondhand precious metals ............. 10-151 et seq.
9-107 See: SECONDHAND PRECIOUS MET-
19-29 ALS
Supp. No. 12 3133
WINTER SPRINGS CODE
Section
SIRENS
Noise provisions ........................ 13-32
SKATEBOARDING, ROLLER SKATING,
ETC.
Prohibition; signs... ... 0 **06 6960 foot east 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
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............ 6-87
STORMWATER
Stormwater management utility ......... 19-161 et seq.
See: UTILITIES
STREETS AND SIDEWALKS
Access control ..........................
Code violation
Penalty by labor on street, .
Dedicating, naming, establishing, etc.,
streets
Certain ordinances not affected by Code
Definitions and rules of construction .... .
Excavations
Barricades, erection and lighting of... .
Bond required, . 0 0 0 o 0 0 a 0 0 a a 4 0 4 0 4 0 . *
Duty and liability of permit holder.... .
Erection and lighting of barricades ... .
Inspection ...........................
Permit required ..................... .
Fences, etc., limitations for streets ...... .
Flood damage control ...................
Grades
Certain ordinances not affected by Code
Handbill distribution in public places pro-
hibited ............................
1-15
STREETS AND SIDEWALKS (Cont'd.)
Intersections, obstruction of vision at.....
Land development requirements for streets,
alleys, bridges, etc.... . be of 000#.
See: LAND DEVELOPMENT
Littering
Generally ............................
Prohibited.
Locating, opening, paving, etc., streets
Certain ordinances not affected by Code
New street; permit required ............ .
Obstructions
Street intersections, vision at ........ .
Streets and sidewalks; permit required
Permits
Awnings erected over sidewalks, per-
mits re .........................
See herein: Sidewalks
Excavation permits
Duty and liability of permit holder . .
Generally .........................
New street; permit required.......... .
Obstructing streets and sidewalks; pen
mit required ....................
Public places
Definitions and rules of construction.. .
Rights-of=way permit fee election........ .
Sidewalks
At-home sales... .... Vote@ bootoffis *boo o
Definitions and rules of construction.. .
Land development requirements...... .
Permit for erection of awnings, etc., over
sidewalks
Fee...............................
Required; application ............. a
Transportation impact fees ............. .
See: LAND DEVELOPMENT
Trees and shrubbery, removal prohibited .
Uniform building numbering system .... .
See: BUILDINGS
Unsafe buildings, closing streets for vacat-
ing, . a 0 * 0 s a 0 0 d 6 6 o 0 0 4 9 1 0 0 a * 4 0 0 0 0 0 o V V
Vacating and abandoning streets and al-
leys...............................
Violations, penalties, . # 6 6 o * 0 0 a 9 * 0 S*40044.
Widening, vacating, etc., streets
Certain ordinances not affected by Code
17-80 SUBDIVISIONS
17-77 Certain ordinances not affected by Code . .
17-79 Flood damage control standards .........
17-80 Land development ..................... .
17"78 See: LAND DEVELOPMENT
17-76 Planned unit developments, subdivision plan
6-191 See: ZONING
8-2 Zoningregulations generally,
See: ZONING
1-7(6)
SUBSCRIPTION, SIGNATURE
Definitions Deitions and rules of construction .... .
Supp. No. 12 3134
Section
17-30
9-146 et seq.
13-2
17-28
1-7(5)
17-26
17-30
174
17-51
et seq.
17-52
1?-51
9-386.1
et seq.
17-28
9-370
et seq.
6469
17-27
17-31
1-7(5)
1-7(10), (12)
8-51
9-1
et seq.
20-383
et seq.
20-1
et seq.
1-2
SUITS, ACTIONS AND OTHER PROCEED-
INGS
Repeal of ordinances, effect of........... .
SURETY BONDS. See: BONDS, SURETY
OR PERFORMANCE
SURVEYS, MAPS AND PLATS
Certain ordinances not affected by Code . .
Land development platting requirements.
See: LAND DEVELOPMENT
Zoning map
Certain ordinances not affected by Code
Working maps and procedures.........
SWEAR OR SWORN. See: OATH, AFFIRMA-
TION, SWEAR OR SWORN
SWIMMING POOLS
Code adopted ...........................
Conflict with deed restrictions .......... .
Contractor's qualifications .............. .
Definitions .............................
Design and construction requirements... .
Electrical requirements .................
Enclosure required ......................
General construction provisions for con-
crete pools. . 4 0 0 0 a . * a a a a a 0 a 9 0 a 0 a 0 4
Inspection ..............................
Nuisances ..............................
Owner's privilege ...................... .
Permit
Application; plans and specifications .. .
Plumbing requirements .................
Stagnant water .........................
Yards..................................
T
TAXATION
Annual fire rescue assessments ......... .
See: FIRE RESCUE ASSESSMENT
Certain ordinances not affected by Code . .
Local business tax receipts
Limitation on term; half -year receipts. .
Local business tax receipts established.
Receipt year established .............0
Transfer of receipt, . 6 0 a a a 4 0 4 a a 0 0 a a a 0 0 1
Local improvements assessments
Alternative method ...................
Assessed areas and advisory committees
Creation of advisory committees ... .
Definition of assessed areas ....... .
Landowner petition process........ .
Collection of assessments
Alternative method of collection.... .
Government property ............. 9
Method of collection................
Responsibility for enforcement ..... .
Definitions., ad too* adds V*40*44* datu*00
General findings .....................
Interpretation; title and citation ...... .
CODE INDEX
Section
TAXATION (Cont'd.)
Issuance of obligations
1-8 Anticipation notes ................ .
General authority ..................
Refunding obligations ............. .
Remedies of holders ............... .
Taxing power not pledged ........ a .
14(10) Temporary obligations. . 4 0 * 0 4 0 a a 0 0
94 et seq. Terms of the obligations, .......... .
Trust funds, a 4 0 0 a 0 9 0 a * 0 * 4 . a 0 a 6 0 a 0 0 0
Variable rate obligations .......... .
14(15) Local improvement assessments
20-102 Adoption of final local improvement
assessment resolution ........ .
Annual local improvement assess-
ment resolution ...............
Authority .........................
6-210 Correction of errors and omissions . .
6-223 Effect of local improvement assess-
6-214 ment resolutions ..............
6-211 Initial local improvement assessment
6-216
20 resolution ....................
6-2
6-220 Lien of assessments ................
Local improvement assessment roll .
6-218 Notice by
6-213 Mail ............................
6-222 Publication .....................
6-215 Procedural irregularities ...........
Revisions to ...................... .
6-212 Related service assessments
6-221 Adoption of final related service as-
13-2(e) sessment resolution .......... .
6-219 Annual related service assessment res-
olution .......................
Authority .........................
Correction of errors and omissions . .
Effect of related service assessment
18-151 et seq, resolutions ...................
1 7(7) Initial related service assessment res-
olution .......................
10-28 Lien of assessments ................
10-29 Notice by
10-27 Mail. . 9 4 0 a a 0 0 a 9 a 0 0 6 1 * 6 a 4 a a
10-30 Publication .................... .
Procedural irregularities .......... .
18-94 Related service assessment roll .... .
Revisions to related service assess-
18-55 ments........................
18-54 Municipal public service tax
18-56 Collection by seller .................. .
Exemptions ..........................
18-82 Interest and penalties ................
18-84 Levy ................................
18-81 Rights -of -way permit fee election ..... .
18-83 Seller's records .......................
18-51
18-53 TAXICABS. See: MOTOR VEHICLES AND
18-52 TRAFFIC
Section
Supp. No. 10 3135
WINTER SPRINGS CODE
Section Section
TELEGRAPH TREES AND SHRUBBERY (Cont'd.)
Public service tax ....................... 18-26 et seq. Undesirable trees, (App. A to Chap. 5)
See: TAXATION Voluntary tree planting, ............. a 5-15
TELEPHONES Waivers; incentive program and appeals 5-16
Emergency telephone number............ 13-55 TRESPASSING
Flood damage control ................... 8-2 Conditions constituting trespassing ...... 11-3
Public service tax ....................... 18-26 et seq. Utility protection, enforcement
See: TAXATION Trespass ............................. 19-303
TELEVISION
Dish antenna ..........................e 6-83 U
TERRITORY UNSAFE BUILDINGS. See: BUILDINGS
Annexations UTILITIES
Certain ordinances not affected by Code 1-7(9) Charges. See herein: Rates, Fees and
THEATERS Charges
Adult entertainment establishments ..... 10-55 et seq. Concurrency administration and evalua-
See: ADULT ENTERTAINMENT ES- tion procedure
TABLISHMENTS, SEXUALLY Level of service standards (LOS) . . . . . . 9-510 et seq.
ORIENTED BUSINESSES See: LAND DEVELOPMENT
Cross -connection control, backflow Dreven-
TRAFFIC. See: MOTOR VEHICLES AND tion
TRAFFIC Administration, ...................... 19-153
Backflow prevention devices
TRAILERS. See: MOBILE HOMES AND MO- Installation, testing and maintenance
BILE HOME PARKS of ............................ 19-155
TRASH. See: GARBAGE AND TRASH Changes to manual ................... 19-152
Cross -connection violations and penal -
TREES AND SHRUBBERY ties. . 0 0 6 1 0 a 0 0 0 & 6 # 9 0 6 9 a 0 S 0 0 0 * 6 0 0 S 19-156
Injuring city -owned shade trees .......... 11-4 Inspection and testing, right of access.. 19454
Land development Intent ............................... 19-150
Clearing rights -of -way of trees ........ 9-129 Manual adopted by reference; compli-
Streets, removal of trees and shrubbery on 17-28 ance required ................... 19-151
Tree protection and preservation Fees. See herein: Rates, Fees and Charges
Applicability ......................... 5-1 Fences, walls, etc., for utility easement, .. 6492
Authorization to adopt rules, regula- Flood damage prevention requirements re
tions, fees for implementation .... 5-19 utilities ........................... 8-1 et seq.
Calculating tree protection zone, (App. See: FLOOD DAMAGE PREVENTION
C to Chap. 5) Garbage service to be provided for certain
City forestry office,.* 4 see 9 bad S 00*v good 5-5 tenants ........................... 19-1
Definitions, ......................... 0 5-3 Land development
Desirable trees, (App. B to Chap. 5) Utilities services to be underground, ex"
Development, construction, protection ception ......................... 9-104
during; periodic inspection ....... 5-14 Water and sewer systems, requirements
Enforcement; penalties ............... 5-18 for ............................. 9-261
Intent, purpose, . 0 4 0 P 0 5-2 Permits
Minimum tree requirement ........... 5-13 Industrial wastewater contribution pert,
Permit required: tree removal, land clear- mit ............................. 19-52
ing; separate violations; criteria; Public service tax ....................... 18-26 et seq.
contractor permit required ....... 54 See: TAXATION
Application, permit ................ 5-6 Rates, fees and charges
Contents; expiration; removal after Wastewater system ................... 19-91 et seq.
expiration of permit........... 542 See herein: Wastewater System
Prohibitions... ... 0 06 9 bid 0 go 6 6 0 4 6 a a 0 0 0 5-10 Reclaimed water system
Remedial action., .... 440 6 of 1 0 0 a 4 Smog$ 5-17 Definitions, . SOS* ........... Soup .....0 19-136
Specimen, historic trees, . 9 * 0 a 9 0 0 m 0 0 6 to 5-8 Inspection ........................... 19440
Tree protection area signage, (App. D to Rates and charges, ................... 19-138
Chap. 5) Routing and construction ............. 19437
Tree pruning standards ............... 54 Service procedures, regulation........ 19439
Tree replacement guidelines........... 5-9 Promulgation, enforcement of....... 19-139
Supp. No. 12 0106
CODE INDEX
Section Section
UTILITIES (Cont'd.) UTILITIES (Cont'd.)
Septic tanks Rates, fees and charges
Private septic tanks re wastewater sys- Annual rate review ................ 19-99
tem ............................ 19-29 Appeals........................... 19-98
Sewers. See herein: Wastewater System Application requirements........... 19400
Solid waste services; rates; penalties and Billing, payment, delinquency .. e ... 19-97
enforcement for nonpayment........ 19-2 Conservation methods, . a 6 0 4 0 0 . 0 a . a 6 19-94
Stormwater management utility Definitions ........................ 19-91
Adjustment of fees ..................a 19466 Intent............................. 19-92
Billing, payment, penalties, enforce- Office hours ....................... 19401
ment........................... 19-165 Penalties and charges.............. 19-31
Definitions ........................... 19462 Policy for bill adjustments for unex-
Director(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 ......... 19470 Accountant certification of ade-
Enforcement, penalties, legal proceed- quate maintenance ......... 19429
ings ............................ 19475 Accounts established ............ 19-126
Fee created .....................state 19-163 Deposits........................ 19427
High risk screening, . a 4 a 0 9 a 0 4 Volvo**** 19A74 Expenditures ................... 19-128
Illicit discharges, connections (prohibi. User charge
tion)............................ 19-171 Generally....................... 19-96
Industrial, commercial, construction ac. Schedule. . a 0 0 6 6 # 0 4 4 4 * 0 4 . 6 0 a a 0 a 9 0 19402
tivities; stormwater discharges from 19470.5 System ......................... 19-93
Inspection, monitoring for compliance, Septic tanks, private. . * * 4 0 0 0 0 0 0 a 0 a 0 a 0 0 19-29
operational maintenance......... 19-173 Sewerage revenue generation system
Interconnected municipal storm sewer Accountant certification of adequate
systems maintenance ................. 19-129
Control of pollutant contributions from 19472 Accounts established ............... 19426
Prohibited acts, generally ............. 19-169 Deposits .......................... 19-127
Purpose; intent....................... 19-161.5 Expenditures...................... 19428
Rates, schedule of .................... 19-164 Use of wastewater system............. 19-27
Stormwater management utility fund .. 19467 Water shortage conditions and shortages
Title ................................ 0 19461 Application of this article ............ 0 19-202
Utility protection, enforcement Definitions .......................... 0 19-201
Enforcement ......................... 19-304 Enforcement......................... 19-205
Meters furnished by, remain property of Exception ........................... 0 19-206
city; all water must pass through Implementation ...................... 19-203
meter. . 0 4 6 * 6 0 0 * a 4 * a 0 a 0 a 4 0 0 0 a **** 19-300 Intent and purpose................... 19-200
Right of entry of authorized agents, erase Penalties ............................ 19-207
ployees ..................... mesa 19-301 Water use constitutes acceptance of pro -
Tampering with city utility system .... 19-302 visions of the article ............. 19-208
Trespass ............................. 19-303 Water uses, surcharges and factors con.
Wastewater system sidered .agog .................... 19-204
Accidental discharge protection........ 1944
Charges. See herein: Rates, Fees and V
Charges
Contaminants prohibited .............. 19-72 VEHICLES. See: MOTOR VEHICLES AND
Definitions ........................... 19-26 TRAFFIC
Discharges prohibited. . a . 0 4 & 0 0 a 0 a 6 W 9 1 * 19-71 VENDORS. See: PEDDLERS, CANVASSERS
Enforcement ......................... 19-53 AND SOLICITORS
Enforcement board ................... 19-30
Fees. See herein: Rates, Fees and Charges VOTES, VOTING. See: ELECTIONS
Industrial wastewater contribution per-
mit ............................. 19-52 W
Inspection and monitoring ............ 19-51 WALLS. See: FENCES, WALLS, HEDGES
Penalties and charges ................ 19-31 AND ENCLOSURES
Pretreatment ........................ 19-73
Private septic tanks ................. 4 19-29 WARES. See: GOODS, WARES OR MER-
Public sewers, required use of......... 19-28 CHANDISE
Supp. No. 12 3137
WINTER SPRINGS CODE
Section
WARRANTS. See: WRITS, WARRANTS AND
OTHER PROCESSES
WASTEWATER. See: UTILITIES
WATER AND SEWERS. See also: UTILITIES
Concurrency administration and evalua-
tion procedure
Level of service standards (LOS) ...... 9-510 et seq.
See: LAND DEVELOPMENT
Declaration of a state of emergency; water
use restrictions ...................0 2-255
Reclaimed water system ................. 19-136 et seq.
See: UTILITIES
Water shortage conditions and shortages . 19-200 et seq.
See: UTILITIES
WATERWAYS AND WATERCOURSES
Boats. See that subject
Discharges into natural waters, municipal
storm sewer system ................ 19-170
Flood damage prevention ......... . ...... 8-1 et seq.
bee: FLOOD DAm AGt; PhEVEN'lYOiN
Prohibitions ............................ 13-2
WEAPONS. See: FIREARMS AND WEAP-
ONS
wEA1"BLit
WEEDS
Accumulation or untended growth of ..... 13-2(c)
WINE. See: ALCOHOLIC BEVERAGES
WINTER SPRINGS. See: CITY
WRITS, WARRANTS AND OTHER PRO-
CESSES
Subpoenas
Code enforcement board powers ....... 2-61
WRITTEN, IN WRITING
Definitions and rules of construction ..... 1-2
11
YARD SALES
At-home sales .......................... 10-137
YARDS AND OPEN SPACES
Land development; public sites and open
spaces ............................ 9-103
Swimming pools, yard requirements re ... 6-219
Zoning regulations generally. . V 20-1 et seq.
See: ZONING
YEAR
Definitions and rules of construction ..... 1-2
Section
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Supp. No. 12 3138