HomeMy WebLinkAboutSupplement No.11SUPPLEMENT NO. 11
March 2008
CODE OF ORDINANCES
City of
WINTER SPRINGS, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 2007-31, enacted December 10, 2007.
See the Code Comparative Table for further information.
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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
Div. 8. Specific Special Assessment Disticts and
Areas ................................... 1176
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 .................................. 1263
Art. VIII. Utility Protection and Enforcement......... 1263
20. Zoning ................................................. 1305
Art. I. In General. 4 0 0 a a 6 a & a 0 a 0 0 0 0 0 a a # 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 ............................... 1324
Div. 2. R-1AAA Single -Family Dwelling Districts.. 1326
Div. 3. R-CI Single -Family Dwelling District...... 1327
Div. 4. R-1AA and 114A One -Family Dwelling Dis-
tricts .................................... 1328
Div. 5. R-1 One -Family Dwelling Districts ....... 6 1330
Div. 6. 11-3 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. I-1 Light Industrial District.... *6*044606 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
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 ................. 1343
Div. 1. Generally ............................... 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
Supp. No. 11 xiii
Chapter
WINTER SPRINGS CODE
Div. 2. Motor Vehicles ...........................
Div. 3. Siting and Regulation of Telecommunica-
tions Towers .............................
Art. VI. S.R. 434 Corridor Vision Plan .............. .
Div. 1. S.R. 434 Corridor Overlay District ....... .
Div. 2. General Design Standards for New Develop-
ment Area ...............................
Div. 3. General Design Standards for Redevelop-
ment Area ...............................
Div. 4. Reserved ................................
Code Comparative Table —Ordinances ....................... .
State Law Reference Table ...................................
Charter Index.
CodeIndex .................................................
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is checklist will be updated with the
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CHARTER
00°14'26 west 681 66 feet; run thence north
85°14'00" west 602.10 feet; run thence south
87°51'100" west 1,083.26 feet; run thence south
00°15'09" east 2,167.87 feet; run thence north
84°48'16" west 2,404.62 feet to the point of begin-
ning; less that portion of Winter Springs as re-
corded in Plat Book 15, Pages 81 and 82 of the
Public Records of Seminole County, Florida; also
less, begin at the southeast corner of Gardena
Farms as recorded in Plat Book 6, Pages 23 and
24 of said Seminole County, Florida; run thence
north 05°09'50" east 33.00 feet; run thence north
85000'00" west parallel with the southerly line of
said Gardena Farms, 4,502.35 feet; to a point of
beginning; run thence further north 85°00'00"
west 627.31 feet; thence run north 05°00'00" east
225.00 feet; thence run north 84°09'48" east 175.44
feet; thence run south 85°00'00" east 455.00 feet;
thence run south 05°00'00" west 257.98 feet to the
point of beginning; also less, begin at the south-
east corner of Gardena Farms as recorded in Plat
Book 6, Pages 23 and 24 of the Public Records of
Seminole County, Florida; run thence north
05009'50" east along the east line of said Gardena
Farms 7,160.06 feet to a point on the northerly
right-of-way line of a Florida Power and Light
easement as recorded in O.R. Book 183, Page 130;
run thence north 85°10'12" west along said north-
erly right-of-way line 2,513.71 feet to a point on
the southerly right-of-way line of a Florida Power
and Light easement as recorded in D.B. 193, Page
276, of said Seminole County; run thence south
1,098.64 feet; run thence north 85010'12" west
772.70 feet to the point of beginning; run thence
north 04°49'48" east 300.00 feet; run thence north
85°10'12" west 675.80 feet to the easterly right-
of-way line of the Tuscawilla-Gabriella Road; run
thence south 23°20'07" west along said easterly
right-of-way line 316.36 feet; thence leaving said
easterly right-of-way line run south 85°10'12"
east 776.20 feet to the point of beginning, contain-
ing 2,890.9140t acres. And also less, the south 33
feet of the aforesaid Gardena Farms Subdivision,
and also less that part lying within existing North
Orlando city limits, and begin at the northeast
corner of Lot 6, Gardena Farms as recorded in
Plat Book 6, Pages 23 and 24, Public Records of
Seminole County, Florida; run thence westerly
along the north line of Lots 6 through 11 a
distance of 3,851.40 feet to the northwest corner
of Lot 11 of said Gardena Farms; run thence
southerly along the westerly line of said Gardena
Farms 6,623.75 feet; thence run westerly to a
point 1,309.8 feet north and 198 feet east of the
northwest corner of Section 13, Township 21 South,
Range 30 East; thence run southerly 1,309.8 feet
to a point 198 feet east of said northwest corner of
Section 13, Township 21 South, Range 30 East;
thence run easterly 906.5 feet; thence run north
19°20' east 359.00 feet; thence run south 85° east
801.9 feet; thence run south 05° west to the
westerly right-of-way line of the Tuscawilla-
Gabriella Road; thence run northeasterly along
the said westerly right-of-way line of the Tuscawilla-
Gabriella Road to the point of beginning, and also
Lots 1 and 2, Block A, D. R. Mitchell's Survey of
the Levy Grant, Plat Book 1, Page 5, Seminole
County Public Records, less all that part previ-
ously lying within the city limits of the Village of
North Orlando, and also; Begin at the intersec-
tion of State Road 15 and 600 (U.S. 17/92) and
State Road S 434 run south 89°02'30" east 4,005.18
feet to the P.C. of a curve concave to the north,
having a radius of 2,864.93 feet, a central angle of
5°30'30"; thence run northeasterly along said
curve an arc length of 275.42 feet to the P.T. of
said curve; thence run north 85027'00" east 3,709.58
it to the P.C. of a curve concave northwesterly
having a radius of 1,273.57 feet, a central angle of
18058100"; thence run northeasterly along said
curve an are length of 421.48 feet to the P.T. of
said curve; thence run north 66°29'00" east 2,776.82
feet to the P.C. of a curve concave northwesterly
having a radius of 1,637.28 feet, a central angle of
17004'00"; thence run northeasterly along said
curve an arc length of 487.67 feet to the P.T. of
said curve; thence run north 49°25'00" east 70.24
feet to the P.C. of a curve concave southeasterly
having a radius of 636.62 feet, a central angle of
27058'00"; thence run northeasterly along said
curve an arc length of 310.74 feet to the P.T. of
said curve, said point being the intersection of
State Roads 5-434 and 419, less those parts lying
within the City of Casselberry and the City of
Longwood, Florida.
0upp. No. 11 17
CODE
Ordinances Annexing Property to the City
Ord. No. Date Ord. No. Date
2000-OS
R
4-10-00
2003-18
6-23-03
2000-22
844-00
2003-27
7-28-03
2000-24
8-14-00
200342
1-12-04
2000-33
11-13-00
2004-09
2- 9-04
2000-36
11-27-00
2004-15
5-24-04
200040
11-27-00
2004-18
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
543-02
200549
6-27-05
2002-26
11-25-02
2007-01
2-26-07
<li4nr$c� »n4.n Th. hn�.o lief of in an n�0 �nr�otin rr
property to the city begins with Ord. No. 200M8, adopted Apr.
10, 20000
[The next page is 67]
Supp. No. 11 18
LAND DEVELOPMENT
sory and incidental uses, extension, enlargement,
replacement, or any other change in characteris-
tic.
It is the intent of this article to permit these
nonconformities and non -compliances to continue
until they are removed through discontinuance,
abandonment or amortization, but not to encour-
age their continuation unless otherwise autho-
rized under this article either expressly or by
special permit. Such nonconforming uses and
structures are declared by this article to be incom-
patible with permitted uses in the zoning districts
involved unless the city commission issues a spe-
cial permit based upon evidence that special cir-
cumstances exist in accordance with the stan-
dards set forth in this article. It is further the
intent of this article that nonconforming uses and
structures shall not be enlarged upon, expanded,
increased or extended, nor be used as grounds for
adding other structures or uses prohibited else-
where in the same zoning district unless other-
wise provided by special permit under this article.
(b) Rules for interpretation. Nothing in this
article shall be interpreted as authorization for or
approval of the continuation of any illegal use of a
building, structure or land or illegal structure or
building that was in violation of any ordinance in
effect at the time of the passage of this article or
any amendments thereto. The casual, intermit-
tent, temporary or illegal use of land, building or
structure or construction of an unlawful structure
shall not be a basis to establish the existence of a
nonconforming use or structure. A lawful building
permit issued for any building or structure prior
to the enactment of this article, the construction
of which is in conformity with approved site
plans, if applicable, and building plans shall not
be affected by this article if the building or struc-
ture is built in full compliance with the City Code
as it existed at the time of the issuance of the
building permit. In the event there is a conflict
with the provisions of this article and a specific
amortization provision requiring the removal or
modification of a nonconforming structure or dis-
continuance of a nonconforming use of land, the
provision which requires the nonconformity to
come into compliance with the current City Code
the earliest shall apply.
§ 9-562
(c) Building and fire codes. No provision con-
tained in this article, or elsewhere in the City
Code, shall nullify, void, abrogate or supercede
any requirement contained in a building or fire
code that is duly enacted by law.
(d) Definitions. As used in this article, the
following words shall have the meaning ascribed
unless the context clearly indicates otherwise:
(1) Lot of record shall mean a lot which is
part of a subdivision recorded in the offi-
cial record books of Seminole County, Flor-
ida, or a parcel of land described by metes
and bounds legal description, the descrip-
tion of which has been recorded in the
official record books of Seminole County,
Florida, and complies with the subdivi-
sion of land regulations of the city.
(2) Nonconforming or nonconformity shall
mean any lot, structure, use of land or
structure, or characteristic of any use or
structure which was lawful at the time of
subdivision, construction, or commence-
ment, as the case may be, which over time
no longer complies with the City Code or
other applicable law due to a subsequent
change of the City Code or other law.
(Ord. No. 2003-36, § 2, 10-13-03)
Sec. 9-562. Continuance of lawful noncon-
forming uses and structures.
(a) Continuance of nonconforming uses. Anon -
conforming use lawfully existing at the time of
the enactment of the City Code or any subsequent
amendment thereto may be continued subject to
the following provisions:
(1) No such nonconforming use shall be en-
larged or increased, nor extended to oc-
cupy a greater area of land than was
occupied at the adoption or subsequent
amendment of the City Code; unless such
use is changed to a use permitted in the
district in which such use is located;
(2) No such nonconforming use shall be moved
in whole or in part to any other portion of
the lot or parcel occupied by such use at
the adoption or subsequent amendment of
the City Code;
Supp. No. 11 645
WINTER SPRINGS CODE
(3) If any such nonconforming use of land
ceases for any reason for a period of more
than one hundred eighty (180) consecu-
tive days, any subsequent use of such
land shall conform to the regulations spec-
ified by the City Code for the zoning
district in which such land is located; and
(4) No additional structures which do not
conform to the requirements of the City
Code shall be erected in connection with
such nonconforming use of land.
(b) Continuance of nonconforming structures.
The lawful use of a nonconforming structure may
be continued subject to the following provisions:
(1) No such structure may be enlarged or
altered in a way which increases its non-
conformity;
(2) Any structure or portion thereof may be
altered to decrease its nonconformity$
(3) Should such structure be damaged by any
means, such that the cost of repair or
reconstruction exceeds sixty (60) percent
of the assessed value of the structure at
the time of damage, it shall not be re-
paired or reconstructed except in confor-
mity with the provisions of the City Code;
and
(4) Should such structure be moved for any
reason for any distance whatsoever, it
shall thereafter conform to the regula-
tions of the zoning district in which it is
located after it is moved.
Notwithstanding any of the above, upon any
nonconforming lot of record as described in this
article, that is improved with a single-family
dwelling as of the date of the adoption of the City
Code or lawfully permitted under the City Code, a
single-family dwelling may be rebuilt within the
original footprint of the dwelling structure exist-
ing as of the date of the adoption of the City Code
or subsequent amendment, without regard to
area, width, yard, or setback requirements.
(Ord. No. 2003-36, § 22 1043-03)
Sec. 9-563. Nonconforming lots of record.
(a) In any zoning district in which single-
family dwellings are permitted, notwithstanding
limitations imposed by other provisions of the
City Code, a single-family dwelling and custom-
ary accessory buildings may be erected on any lot
of record. This provision shall apply even though
such lot fails to meet the requirements for area or
width, or both, that are generally applicable in
the zoning districts, provided that yard dimen-
sions and other requirements shall conform to the
regulations for the district in which such lot is
located. Variances of yard dimensions other than
area or width, or both, shall be obtained only
through action of the city commission.
(b) If two (2) or more lots of record with con-
tinuous frontage are under single ownership, and
all or part of the lots do not meet the require-
ments for lot width and area as established by the
City Code, the lands involved shall be considered
t� hp sn nndivirlar# narr%P1 for 01P niirnn�!,Ps, of
development and this article. No portion of said
parcel shall hereafter be created and used as a
separate parcel or sold or otherwise subdivided
which does not meet lot width and area require-
ments established by the City Code unless all or
paA of the parcel is sold in order to create a lot
meeting the requirements of the City Code. Not-
withstanding this aggregation of land require-
ment, a single-family dwelling and customary
accessory buildings may be erected on any such
single lot of record in a residential zoning district
provided the land density requirements of the
comprehensive plan are satisfied and the pro-
posed single-family dwelling and any customary
accessory building are compatible to the surround-
ing neighborhood with respect to property values
and building size. For purposes of this paragraph,
compatible shall mean substantially similar to or
exceeds the property values and building size of
other single-family dwellings and customary ac-
cessory buildings in the surrounding neighbor-
hood.
(Ord. No. 2003-36, § 2, 10-13-03)
Sec. 9-564. Nonconforming uses of struc-
tures or of structures and pre-
mises in combination.
If a lawful use involving individual structures,
or of structure and premises in combination,
exists at the adoption or subsequent amendment
of the City Code, that would not be allowed in the
zoning district under the terms of the City Code,
Supp. No. 11 646
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Sec. 17-1. Obstructing streets and sidewalks;
permit required.
It shall be unlawful for any person to place or
deposit, or cause or allow to be placed or depos-
ited, on any street, avenue, alley or sidewalk,
park or other public space within the limits of the
city, any building material whatsoever, or any
articles or things which may obstruct or hinder
the traffic thereon, without a special permit from
the city commission or official who has been
designated by the city commission to issue such
permit. Such permit shall state clearly what space
may be used and what materials may be placed
thereon, the length of time the permit shall re-
main in force, and the terms and conditions upon
which the authorization for placing materials on
public property is granted. When, in the discre-
tion of the city commission or an official who has
been designated by the city commission, it be-
comes necessary for the protection of motorists or
pedestrians, the person issued the permit shall
provide adequate protective devices to include,
but not limited to, sheds, walls, and guardrails to
protect persons in the area. Such protective de-
vices shall be constructed in accordance with
plans approved by the city commission, or an
official who has been designated by the city com-
mission, and shall be maintained thereafter dur-
ing the construction or repair, but under no con-
ditions shall the streets or sidewalks be obstructed
to such an extent to not allow passage of pedes-
trian and vehicular traffic.
(Code 1974, § 1M)
Secs. 17-2-17-25. Reserved.
ARTICLE II. STREETS*
Sec. 17-26. New streets; permit required.
It shall be unlawful for any person to lay out on
the ground and establish the boundaries or grade
of any public roadway or street without first
*Cross references —Limitations on obstruction of clear
vision when adjacent to street, intersection, etc., § 6-191 et
seq.; land development, Ch. 9; transportation facilities impact
fee, § 9-386 et seq.; vehicular speed on public streets, § 12-52.
receiving a per from the city commission or an
official who has been designated by the city com-
mission, which permit shall describe the exact
boundaries and grade of such roadway or street.
(Code 1974, § 13-7)
Cross reference —City permits are required for utility
use, road crossings and drainage construction in public rights -
of -way that have been previously accepted for maintenance by
the city, § 9-179(e).
Sec. 17-27. Vacating and abandoning streets
and alleys.
The city commission is hereby authorized to
vacate, abandon, discontinue, or close any exist-
ing roadway, street or alley, and to renounce and
disclaim any right of the city and public in and to
any land, delineated on any recorded map or plat
as a roadway, street or alley. Such action shall be
by resolution, and shall be published in a news-
paper of general circulation at least five (5) days
prior to adoption, and shall be duly recorded in
the official public records of Seminole County
upon adoption.
(Code 1974, § 1M; Ord. No. 2007-31, § 2, 12-10-
07)
Sec. 17-28. Prohibiting the littering of
streets, street rights -of --way, side-
walks; prohibiting removal of
trees and shrubbery.
(a) It shall be unlawful for any person to
throw, or cause to be placed or thrown, dump, or
deposit any paper, bottles or pieces thereof, tin
cans, garbage, glassware, refuse, debris or any
other offensive, unwholesome or unsightly matter
whatever in or on any street, road, sidewalk,
alley, playground, vacant property or any other
public grounds within the city.
(b) It shall be unlawful for any person to
remove, cut, mar, deface, or destroy any trees,
plants or shrubbery which are either planted or
natural growths within the rights -of --way of the
streets in the city.
(c) Any person desiring to plant trees, plants
or shrubbery in the city street rights -of --way shall
obtain permission from the city commission or an
official who has been designated by the city com-
mission prior to planting.
(Code 1974, § 1M)
Supp. No. 11 1103
WINTER SPRINGS CODE
Sec. 17-29. Access control.
In order to promote the safety of motorists and
pedestrians and to minimize traffic congestion
and conflict by reducing the magnitude of and the
points of contact, the following regulations shall
apply:
(1) A point of access, that is, a driveway or
other opening for vehicles onto a public
street, shall not exceed twenty-four (24)
feet in width, except as otherwise pro-
vided in this section.
(2) The maximum number of points of access
permitted onto any one (1) street shall be
as follows:
Lot Width Abutting .Number of Points
Street of Access
Less than 65 feet 1
65 feet-200 feet 2
Over 200 feet 2
Plus for each addi- 1
tional 200 feet or
fraction thereof
(3) In lieu of any two (2) openings permitted
on any one (1) street, there may be pen
mitted a single point of access up to sixty
(60) feet in width; however, service sta-
tions shall be permitted two (2) openings
not to exceed sixty (60) feet each in width,
along any abutting public street, provided
that such property abuts such street for a
distance of not less than one hundred fifty
(150) feet.
(4) Except in 11-1 and R-IA zoning districts,
there shall be a minimum distance of
twelve (12) feet between any two (2) open-
ings onto the same street. In R4 and
R-1A zoning districts access point open-
ings shall not be closer than two (2) feet of
any property line.
(5) No point of access shall be allowed within
ten (10) feet of the intersection of the
right -of --way lines of any public street or
streets.
(6) No curbs shall be cut or altered, and no
point of access or opening for vehicles onto
a public street shall be established with-
out a permit from the city commission or
an official who has been designated by the
city commission.
(7) Projects for which a site plan is required,
such as plaza developments, compound
uses and shopping centers, shall be con-
sidered on an individual basis and may
deviate from these requirements in the
interest of traffic safety after recommen-
dation by the planning and zoning board
of the city.
(8) Permit fees shall be established by reso-
lution of the city commission.
(Code 1974, § 1341)
Sec. 17-30. Obstruction to vision at street
inier�secLions.
It shall be unlawful to obstruct the vision at
intersections of a street or streets in the city as
hereinafter described:
(1) There shall be clear vision to and through
street intersections from a distance of
forty (40) feet from the point of intersec-
tion extending down each intersecting
street for a minimum distance of forty
(40) feet from the point of intersection.
(2) Any plant within the area of clear vision
shall not exceed three (3) feet in height.
Abutting property owner is responsible to
maintain such plants within this height
or the plant or plants shall be subject to
removal at the expense of the abutting
property owner.
(3) Trees shall be permitted within the clear
vision space, provided that foliage is kept
cut back to a height not less than eight (8)
feet from the ground.
(4) Lampposts and street name signposts shall
be permitted within the clear vision space
described in (1) above.
(Code 1974, § 13-12)
Sec. 17-31. Violation.
Any person who shall begin excavation, con-
struction or repair work involving the tearing up
or replacing of any street or sidewalk or any part
Supp. No. 11 1104
ZONING
Building volume: The space displaced by the
exterior walls and roof of a buildings a product of
building width, depth, and height. It is the intent
of this division to regulate building volume in
order to shape public spaces that are human -
scaled, well -ordered, and which maximize the
shared real estate amenity.
Building width: The distance from one side of a
building frontage to the other. In conditions where
buildings are attached, building width is the
distinction between buildings which shall be ex-
pressed via a change in architectural expression,
such as a vertical element running from ground to
roof, a change in fenestration or style, color or
texture, or a break in facade plane or roof line.
These changes may be subtle or significant, but it
is the intent to avoid homogenous blocks of exces-
sively long buildings.
Colonnade or arcade: A covered, open-air walk-
way at standard sidewalk level attached to or
integral with the building frontage; structure
overhead is supported architecturally by columns
or arches along the sidewalk.
Dwelling area: The total internal useable space
on all floors of am UcULV)not including porches,
balconies, terraces, stoops, patios, or garages.
Front porch: A roofed area, attached at the
ground floor level or first floor level, and to the
front of a building, open except for railings, and
support columns.
Garden wall: A freestanding wall along the
property line dividing private areas from streets,
alleys, and or adjacent lots.
Height: The vertical distance from the lowest
point on the tallest side of the structure to the top
of the parapet, cornice or eave.
Liner building: A building built in front of a
parking garage, cinema, supermarket etc., to con-
ceal large expanses of blank wall area and to face
the street space with a facade that has doors and
windows opening onto the sidewalk (see diagrams
in section 20-324). Parking garages and their
Liners may be built at different times.
Lot: A single building plot; the smallest legal
increment of land which may be bought and sold.
§ 20-323
Lot frontage: The property line adjacent to the
frontage street.
Marquee: A permanently roofed architectural
projection the sides of which are vertical and are
intended for the display of signs; which provides
protection against the weather for the pedestrian;
anI which is supported entirely from an exterior
wall of a building.
Primary Space or Street: The space or street
that a building fronts. At squares and street
intersections the space or street highest in the
hierarchy is the primary street.
Stoop: A small platform and/or entrance stair-
way at a house door, commonly covered by a
secondary roof or awning.
Storefront: Building frontage for the ground
floor usually associated with retail uses.
Structured parking: Layers of parking stacked
vertically.
(Ord. No. 707, § l(Exh. A), 6-12-00)
Sec. 20-323. Permitted uses.
[(a) Uses permitted. The following uses shall
be permitted in the Town Center District;]
Administrative public buildings
Adult congregate living facility
Advertising agencies
Alcoholic beverage sales (package)
Alcoholic beverage on-premesis consumption
Alterations and tailoring
Amusement enterprises, private commercial
Antique and gift shop
Appliances, sales and service
Artists' studios
Automotive accessories sales
Bakery, wholesale and retail
Bathroom accessories
Bed and breakfast inn
Bicycles, sales and service
Bookkeepers
Bookstores, stationery, newsstands
Bridal shops
Butcher shop, retail only
Carpets, rugs and linoleum
Churches (with or without educational and
recreational buildings and facilities)
Cleaners
Supp. No. 11 1342.3
§ ZV-040
WINTER SPRINGS CODE
Coin dealers
Computers, hardware, and software sales and
service
Confectionery and ice cream stores
Convention center
Corner store or neighborhood convenience store
without gas pumps
Dance and music studios
Day nurseries, kindergartens and day care
Drug and sundry stores
Employment agencies
Financial institutions, banks, savings and loan
Florist and gift shops
Furniture, retail, new and used
Government service facilities
Grocers, retail and wholesale
Gun shop
Hair, nail and tanning salons
Hardware stores
Health food
Hobby and craft shops
Home occupations
Hospitals and nursing homes
Hotel
Hypnotists
Inn
Insurance
Interior decorating and draperies
Jewelry stores
Libraries
Loan companies
Locksmiths
Luggage shops
Manufacturing and assembly of scientific and
optical precision instruments
Markets and stores, small (Not exceeding 20,000
square feet)
Medical clinics and laboratories
Municipal Buildings
Museums and/or cultural institutions
Nurseries, plants, trees, etc., Retail and whole-
sale
Nursing Homes
Offices
Outdoor signs sales offices
Paint store
Parking garages
Parks and public recreation areas and facilities
Pet shops and grooming
Photographic studios
Physical fitness and health clubs
Post office
Private clubs and lodges
Public restrooms
Public utilities and service structures
Quick printers
Radio and TV broadcasting studios, excluding
towers
Radio and TV sales and service
Reception facilities
Rental stores
Retirement homes, including independent liv-
ing through assisted living
Residential, single family (attached and de-
tached)
Residential, multifamily
Restaurants
Schools, service and vocational schools (such as
cosmetology, medical and dental assistant's
training)
Shoe repair shopsC'�Ft�i!
1 dlh cafes
Snack shops
Sporting goods, retail
Tailoring shops
Taxidermists
Telephone business office and exchanges
Theaters, not drive-ins
Title companies
Tobacco shops
Town Center marketing and sales center
Toy stores
Trail heads
Travel agencies
Wearing apparel stores
Any other similar retail store or business en-
terprise not listed, that in the judgement
of the development review committee is
not specifically limited to other zoning
districts within the city and is consistent
with those included above, and further,
that will be in harmony with the spirit of
the Winter Springs Town Center Master
Plan.
(b) Uses permitted by special exception only.
Automobile repair shops (routine service)
Bowling alleys
Bus terminal
Car wash
Supp. No. 11 1342.4
ZONING
Corner store or neighborhood convenience store
with gas pumps
Equestrian facilities
Gas stations
Launderettes and laundromats
Printers, commercial
Schools, private and parochial
Skating rinks
Stadiums and arenas
Swimming pools; sales service and supplies
Veterinary clinics (no overnight boarding)
(Ord. No. 707, § 1(Exh. A), 642-00; Ord, No.
2007-301 § 2, 12-10-07)
Sec. 20-324. General provisions.
The following general provisions apply to all
street types.
(1) Corner radii and clear zones: Corner curb
radii shall be between nine (9) feet and
fifteen (15) feet. Fairly tight turning radii
shorten pedestrian crossings and inhibit
reckless drivers from turning corners at
high speeds. To allow for emergency vehi-
cles (e.g. fire trucks) to turn corners, a
twenty -five-foot radius clear zone shall be
established free of all vertical obstruc-
tions including but not limited to tele-
phone poles, sign poles, fire hydrants,
electrical boxes, or newspaper boxes.
Properly /Right-of•Way line
26 Radius Clear Zone Ure
Clear Zone
Curb
Curb Radius
(2) Alleys: Alleys are required in the town
center to minimize curb cuts and to pro-
vide access to parking and service areas
behind buildings. Alley requirements may
be waived by the DRC for access to de-
tached single family residential lots greater
than fifty-five (55) feet in width in situa-
§ 20-324
tions in which proper streetfront orienta-
tion, pedestrian circulation, and parking
can still be accomplished. Alley locations
and dimensions are not fixed but shall be
designed to accommodate the alley's pur-
pose. Additional curb cuts shall be added
only with the permission of the develop-
ment review committee. Alleys may be
incorporated into parking lots as drive
aisles and fire lanes.
(3) Exceptions from build -to lines: Exceptions
from build -to lines may be granted by the
development review committee for avoid-
ing trees with calipers greater than eight
(8) inches.
On corner sites (within fifty (50) feet of
the corner) with build -to lines set back
from the property line, building frontage
may be positioned forward of the build -to
line up to the property line, provided it
does not encroach upon the clear zone.
(4) Side and rear setbacks: No side or rear
setbacks are required in the Town Center.
(5) First floor height for residential: Residen-
tial uses on the first story shall have
finished floor height raised a minimum of
two (2) feet above sidewalk grade.
(6) Diversity of building widths: No more
than three (3) residential buildings twenty
(20) feet or less in width are permitted
within any two hundred (200) feet of front-
age.
(7) Accessory structures: Accessory structures
are permitted and may contain parking,
accessory dwelling units, home occupa-
tion uses, storage space, and trash recep-
tacles. Home occupation uses are re-
stricted to owner plus one (1) employee,
shall not include noxious or disruptive
functions, and may not disrupt parking
for neighboring residents.
Accessory structures shall not be greater
than six hundred twenty-five (625) square
feet in footprint and shall not exceed two
(2) stories in height.
(8) Drive-throughs: Drive -through service win-
dows are permitted in the rear in mid-
Supp. No. 11 1342.5
WINTER SPRINGS CODE
block and alley accessed locations pro- way traffic) and parallel parking
vided they do not substantially disrupt spaces shall be 8'x 20' minimum
pedestrian activity or surrounding uses, with ten -foot drive lanes (twenty (20)
feet for two-way traffic).
Parking shall be provided as neces-
sary to meet the requirements of the
Americans with Disabilities Act and
Alle Florida Accessibility Code.
' b. On -street parking. The selection of
Example IFFIFFIFF Chive -through diagonal or parallel parking along
Mid a � orner Service area any section of road shall be deter-
; eu ial" i B„la;" mined in consultation with DRC. In
Front Side of Buildings the event that DRC approves diago-
nal instead of parallel parking, di-
mensions should be adjusted in sub-
(9) Civic sites: Civic buildings contain uses of section 20-325(c).
�".�.iiui "ui�iii�. iiia'�'v tuai�.�.. 04-v7,^ I",;1 -1"�"" /'1.ep ��<-�-,.4- C....,.. ..,1_�_, _ I _ R
"N 2' N " Au FU1xi6" �. v1i-��idc� OLLILCLUZ palt"lig LUu pldce-
include, but are not limited to, municipal ment. Off-street surface parking lots
buildings, churches, libraries, schools, shall be set back a minimum of fifty
daycare centers, recreation facilities, and (50) feet from the property line along
places of assembly. Civic buildings do not the main street. DRC shall have
include retail buildings, residential build- discretion to make this requirement
ings, or privately owned office buildings. applicable elsewhere on prominent
In order to provide greater flexibility to frontages, such as along key pedes-
create a special architectural statement, trian connections, within significant
civic buildings are not subject to build -to vistas and within important public
line requirements or building frontage spaces. Outbuildings serving as ga-
requirements. The design of civic build- rages facing alleys shall be permit-
ings shall be subject to review and ap- ted within this setback. Surface park-
proval by the development review commit- ing lots may be built up to the
tee. property line on all other street front-
(10) Parking: ages.
a. Parking requirements. The intent of Ir �� FIN
;
these parking regulations is to en- a� �` ' ` \ �` �FF"
courage a balance between compact A
Parkin Structure
pedestrian oriented development and g
necessary car storage. The goal is to IFF k F=:,"'
�4� j;✓::;
construct neither more nor less park- r ►- Liner" Buildings
ing than is needed. .II
There shall be no minimum parking
requirement in the Town Center. The
applicant shall provide a parking
analysis justifying the proposed park-
ing solution.
Minimum parking space dimensions
for head -in or diagonal parking shall
be 9x 18' with eleven -foot drive
lanes (twenty-two (22) feet for two-
Primary Frontage
d. Structured parking lot placement.
Parking structures shall be set back
a minimum of fifty (50) feet from the
property lines of all adjacent streets
Supp. No. 11 1342.E
ZONING
(27) Radio and television studios and offices;
(28) Recreational vehicles sales and service;
(29) Research development and service facili-
ties;
(30) Retail commercial and commercial outlets
not exceeding 50,000 sq. ft.;
(31) Showrooms;
(32) Theaters, not drive-ins.
(Ord. No. 2004-28, § 3, 7-12-04)
Sec. 20-346.2. Building height regulations.
No building or structure shall exceed fifty (50)
feet in height.
(Ord. No. 2004-28, § 3, 7-12-04)
Sec. 20-346.3. Conditional uses.
(1) Automotive boat/manufactured home ma-
jor service and major repair establishments (in-
cluding body repairs and painting and similar
heavy type uses) provided that all activity shall
be conducted within a completely enclosed build-
ing and there is no outdoor storage of any kind;
(2) Halfway houses, group homes, and similar
uses;
(3) Light manufacturing, processing, assembly
and/or wholesale distribution, provided that all
activity shall be conducted within a completely
enclosed building (tenant space not to exceed
10,000 sq. ft.) and there is no outdoor storage of
any kind;
(4) Mortuary and funeral homes;
(5) Multiple -family residential with a maxi-
mum allowable density no greater than that al-
lowed under a High Density Residential future
land use designation and with at least two (2)
parking spaces for each unit provided;
(6) Outside storage if screened from streets
anA adjacent properties by an eight -foot masonry
wall with any gates being opaque;
(7) Pawn shops;
(8) Retail commercial and commercial outlets
exceeding fifty thousand
§ 20-351
(9) Seasonal or temporary outdoor display and/or
sales (such as Christmas tree lots, etc.).
(Ord. No. 2004-28, § 3, 742-04)
Sec. 20-346a Bulk regulations.
(1) All uses shall be maintained within an
enclosed permanent building with no outside dis-
play, sales, or storage unless stated otherwise or
permitted by conditional use.
ft.
(2) Minimum front setback: Twenty-five (25)
(3) Minimum rear setback: Fifteen (15) ft.
(4) Minimum side setback: Five
corner lot: Fifteen (15) ft.
(5) The total impervious surface area shall not
exceed seventy-five (75) percent of the total site.
(Ord. No. 2004-28, § 3, 742-04)
ARTICLE IV. PLANNED iTNIT
DEVELOPMENTS
DIVISION 1. GENERALLY
Secs. 20-347-20-350. Reserved.
DIVISION 2. PART A. PLANNED UNIT
DEVELOPMENT
Sec. 20-351. Definitions.
The following words, terms and phrases, when
used in this division, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Applicant. The legal or beneficial owner or
developer of the land proposed to be included in a
planned unit development.
Common open space. An area of land or water
or any combination thereof, within the area of a
planned unit development which is designated
anI intended for the use and enjoyment of the
residents of the planned unit development in
common.
Condominium. Actual ownership of real prop-
erty that is a combination of ownership in fee
Supp. No. 11 1343
§ ZV-001
WINTER SPRINGS CODE
simple of the dwelling unit and an undivided
ownership, in common with other purchasers, of
the common elements in the structure including
the land and its appurtenances. Condominium
shall refer to any dwelling unit developed, con-
structed and sold in the manner described above.
Cooperative apartment. An apartment within a
multiunit building where the ownership and cost
of operation are shared by the occupants in pro-
portion to the value of the occupied space.
Detached single-family dwelling. A building
with no party or lot line walls, designed to be
occupied exclusively by one (1) family.
Developer. Any person, firm, association, syndi-
cate, partnership or corporation, or any combina-
tion tharPof, whn arp artnally imrolvar3 in flip
creation and construction of a planned unit devel-
opment.
Final development plan. The set of documents
delineated in section 20-35157 which se veo as the
specific development standard for the planned
unit development area which it encompasses. The
final development plan may include all or a part
of the preliminary development plan.
Floor area ratio. The ratio of the number of the
square feet, or fractions thereof, of covered floor
area as a numerator within a particular phase
over the number of every square foot of land area,
within the same particular phase, exclusive of
public or private streets.
Garden apartments. Multifamily dwelling units
not to exceed three (3) stories in height. Typically,
garden apartments have units one above the
other with several units sharing a common en-
trance hall or court.
Gross acreage. The total number of acres within
the perimeter boundaries of a planned unit devel-
opment.
Gross residential acre. An acre of land commit-
ted to the explicit use of residential buildings or
structures or which provides access to or contrib-
utes to the amenities of a residential develop-
ment, such as parks, open space, parking lots, etc.
Land devoted to schools shall not be included.
Areas primarily dedicated to water or utility
related uses may be included in calculating gross
residential acre, if incorporated into a final devel-
opment plan as a significant and bona fide ame-
nity to the residential development.
Landowner The legal or beneficial owners of
all land proposed to be included in a planned unit
development, or one having possessory rights of
equal dignity.
Lot line wall. A wall adjoining and parallel to
the lot line used primarily by the party upon
whose lot the wall is located.
Mixed residential PUD. A planned residential
community which may include any combination
of single-family homes, patio homes, townhouses
or garden apartments.
Multifamily dwelling. Buildings designed to be
occupied by three (3) or more families living
independently of one another.
Open space. The gross acreage of the planned
unit development exclusive of buildings, vehicu-
lar accessways, and parking areas.
Patio homes. Single-family dwelling units with
a private outdoor living area, the sidewalls of
which may be party or lot line walls and having a
minimum two-hour fire rating. Patio homes are
designed and constructed to be individually owned
and are sometimes referred to as cluster houses,
single-family attached dwelling units, atrium
houses, or court garden houses.
Planned unit development. Atract of land zoned
and developed in accordance with the purposes,
intent and provisions of this article. The letters
PUD shall be considered an abbreviation for
planned unit development in this Code.
Preliminary development plan. The set of doc-
uments delineated in section 20-356 which serves
as the general development standard for the
planned unit development district it covers.
Story. That portion of a building included be-
tween the surface of any floor and the surface of
the floor directly overhead, or if there is no floor
directly above, then the space between such floor
and the ceiling next above it.
Townhouses. Self-contained dwelling units lo-
cated side by side with no units located above or
below one another, designed and constructed so
Supp. No. 11 1344
ZONING
that the units may be individually owned.
Townhouse units are to be separated by party or
lot line walls and shall have a minimum two-hour
Ire rating.
(Ord. No. 367, § 1, Art. XIV, Part A, § 44.85.2,
5-11-87; Ord. No. 2007-29, § 2, 12-10-07, § 2,
12-10-07)
Cross reference —Definitions and rules of constructions
generally, § 1-2.
Sec. 20-352. Intent and purpose of district.
The intent and purpose of the planned unit
development zoning district are as follows:
(1) To provide for planned residential commu-
nities containing a variety of dwelling
unit types and arrangements, with com-
plimentary and compatible commercial cen-
ters with supportive residential and/or
complimentary and compatible industrial
land uses; and planned industrial parks
with complimentary and compatible resi-
dential and/or commercial land uses, all
designed to promote the public health,
safety and general welfare.
(2) To allow diversification of uses, structures
and open spaces compatible with adjacent
land uses.
(3) To preserve the natural amenities and
environmental assets of the land by en-
couraging the preservation and improve-
ment of scenic and functional open space
areas.
(4) To encourage flexible and creative con-
cepts in site planning that will allow an
increase in the amount and usability of
open space that is possible through con-
ventional practices.
(5) To encourage an environment of stable
character.
(6) To encourage a more efficient use of land
and smaller networks of utilities and
streets than is possible in other zoning
districts.
(7) To allow for the creation of well-balanced
communities that provide basic recre-
ational and supportive facilities.
(8) To ensure that development will occur
according to the limitations of use, design,
coverage and phasing as stipulated on the
preliminary and final development plans.
(Ord. No. 367, § 1, Art. XIV, Part A, § 44.85.1,
5-11-87)
Sec. 20-353. Permitted uses.
The following uses shall be permitted in the
planned unit development district if they are
complimentary to and compatible with each other
anI the adjacent land uses, and if designated on
an approved preliminary and final development
plan:
(1) Planned residential communities: Residen-
tial dwelling units, including but not lim-
ited to detached single-family, patio homes,
garden apartments, condominiums, coop-
erative apartments, townhouses, provided
that all are compatible with each other;
complimentary and compatible support-
ive commercial and/or industrial land uses
designed to create an aesthetically pleas-
ing and harmonious environment.
(2) Planned commercial centers: Commercial
uses, including but not limited to business
services, professional services, personal
services, retail sales and services, service
stations, hotels and motels; complimen-
tary and compatible residential and/or
industrial land uses designed to create an
aesthetically pleasing and harmonious en-
vironment.
(3) Planned industrial parks: All types of
industrial uses including but not limited
to warehousing, manufacturing, and truck-
ing facilities; complimentary and compat-
ible residential and/or commercial land
uses designed to create an aesthetically
pleasing and harmonious environment.
(4) Other: Any other private, public, or
semipublic uses complimentary to and
compatible with planned residential, com-
mercial, and/or industrial development.
(5) Public recreational areas and facilities:
Public recreational areas and facilities
shall be permitted in planned residential
Supp. No. 11 1045
WINTER SPRINGS CODE
and commercial communities and shall
hereby be deemed compatible with sur-
rounding residential and neighborhood
commercial developments, provided said
areas and facilities are located at the
southwest corner of the intersection of
S.R. 417 and S.R. 434 and adjacent to
state owned recreational lands and the
area comprises at least twenty (20) acres
of land.
(Ord. No. 367, § 1, Art. XIV, Part A, § 44.85.3,
541-87; Ord. No. 2006-19, § 2, 1143-06)
Sec. 20-354. Site development standards.
(a) Site development standards shall be estab-
lished for planned unit developments, to ensure
udCgLiate ie Vfalo Ul lig,'1tL, all dull dulldl Uy, UU llldlll-
tain and enhance locally recognized values of
community appearance and design; to promote
the safe and efficient circulation of pedestrian
and vPhicnlar traffic; to provide for orderly pbas-
ing of development, and to protect the public
health, safety and general welfare.
(b) The applicant shall propose, and the plan-
ning and zoning board shall recommend to the
city commission an overall maximum residential
density and maximum residential densities and
height limitations for each dwelling unit type in
the proposed planned unit development. The com-
mission may adopt the recommendation or make
such changes or amendments it deems proper.
Types of residential construction may be inter-
mixed, as long as the adopted overall residential
density and height limitation of each type is not
exceeded. The criteria to be used by the commis-
sion and planning and zoning board in establish-
ing the residential densities and height limita-
tions shall be as follows:
(1) The compatibility with other zoning dis-
tricts in the vicinity of the subject prop-
erty and with adopted comprehensive land
plans and policies.
(2) The preservation of natural features and
environmental assets of the site.
(3) The provisions for landscaped common
open space providing leisure and recre-
ational uses for the residents.
(4) The adequacy and proximity of public
roads, utilities, services, and facilities re-
quired to serve the development.
The maximum allowed number of dwell-
ing units per gross residential acre and
maximum height by type of dwelling unit
shall be as follows unless specifically
waived by the city commission after re-
ceiving recommendations from the plan-
ning and zoning board:
Maximum
Units per
Gross Resi- Maximum
Type dential Acre Height
Single-family 4.5 2 stories
r3 �t� rhnr7
Patio homes
7.0
Townhouses 10.0
t'ilc;li a�dr- 1C.0
ments
2 stories
3 stories
Mixed resi- Actual units per gross residen-
dential PUD tial acre and actual height shall
be determined by the city com-
mission on a case -by -case basis
by development agreement.
(c) The applicant shall propose, and the plan-
ning and zoning board shall recommend, the
maximum allowable floor area ratio for all com-
mercial and industrial uses within the PUD to the
city commission. The commission may adopt the
recommendation or make such changes or amend-
ments as it deems proper.
(d) The following site development standards
shall apply unless waived by the city commission,
specifically finding after receiving recommenda-
tions from the planning and zoning board, that
the unique characteristics of the development in
question make unnecessary the application of one
(1) or more of these provisions in order to carry
out the intent and purpose of the planned unit
development district:
(1) The natural topography, soils and vegeta-
tionshall bepreserved and utilized, where
possible, through the careful location and
design of circulation systems, buildings
Supp. No. 11 1346
ZONING
and structures, parking areas, and open
space and recreational areas. Removal of
mature trees shall be compensated through
the installation of landscaping materials.
(2) Landscaping consisting of trees, shrubs,
vines, ground covers, and irrigation facil-
ities shall be installed in common areas of
residential developments and in special
areas of commercial and industrial devel-
opments. Special attention should be given
to parking areas, refuse storage areas,
and in building setback and separation
areas to achieve proper screening.
(3) Common open space and recreational fa-
cilities in accordance with the standards
of the National Recreation Association
shall be provided to serve the residents of
the planned unit development.
(4) All land shown on the final development
plan as common open space, parks, and
recreational facilities shall be protected
through deed restrictions which shall en-
sure the preservation of its intended use,
the payment of future taxes, and the
maintenance of areas and facilities for a
safe, healthy and attractive living envi-
ronment.
(5) All common open space and recreational
facilities shall be specifically included in
the phasing plan, and shall be constructed
and fully improved by the developer at an
equivalent or greater rate than the con-
struction of the residential structures which
they serve.
(6) The proposed location and arrangement
of structures shall not be detrimental to
existing or prospective adjacent land uses.
Lighting, access points, or high noise level
activities which adversely affect abutting
property shall be prohibited.
(7) Building setbacks from the mean high-
water level of any lake, stream or body of
water, shall be at least fifty (50) feet.
Other minimum setbacks, lot sizes, and
lot widths shall be proposed by the appli-
§ 20-354
cant, reviewed by the staff and the plan-
ning and zoning board, and approved or
modified by the city commission.
(8) Central water systems, sewerage sys-
tems, stormwater management systems,
utility lines and easements shall be pro-
vided in accordance with the appropriate
sections of chapter 9.
(9) Parking and loading requirements shall
be based on section 9-276 et seq. Residen-
tial off-street parking shall be provided at
a ratio of one and one-half (11/2) spaces per
one (1) bedroom unit, and two (2) spaces
per two (2) or more bedroom units. Public
rights -of -way shall not be improved as
parking areas. Grassed parking areas may
be permitted where the frequency of use
does not destroy the ground cover.
(10) Streets shall be designed and improved in
accordance with the appropriate sections
of chapter 9. Collector and arterial streets
shall be free from backing movement of
adjoining parking areas.
(11) Local streets shall provide access within
the planned unit developmentman-
ner that will discourage through traffic
and provide for convenient accessibility to
parking areas. Local streets shall be so
located that future urban development
will not require their conversion to arte-
rial routes.
(12) Wherever practicable, vehicular and pe-
destrian passageways shall be separated.
A system of walkways between buildings,
common open space, recreation areas, and
parking areas shall be adequately lighted
where appropriate for nighttime use.
(13) As deemed appropriate, the planning and
zoning board may recommend and the
city commission may approve the imposi-
tion of additional restrictions not herein
mentioned to ensure the protection of the
public interest.
(Ord. No. 367, § 1, Art. XIV, Part A, § 44.85.4,
5-11-87; Ord. No. 2007-29, § 2, 1240-07)
Supp. No. 11 1346.1
§ 20-355 WINTER SPRINGS CODE
Sec. 20-355. Procedure for approval. city commission, stating their reasons for
such action. The city clerk shall then
The procedure for obtaining approval of a schedule and advertise a public hearing
planned unit development zoning classification on the request before the city commission,
shall be as follows:
(1) Pre -application conference: The applicant
shall contact the city clerk to arrange a
meeting with the planning and zoning
board, or its designee, in order to review
the proposed PUD request prior to formal
submittal of such request.
(2) Submittal: The applicant shall submit to
the city clerk a change of zoning request,
the proper application fee, and three (3)
copies of the preliminary development plan.
The application form, one (1) copy of the
nr�liminary rinv�lnnmont r+lan ar,r� ill
supportive documents shall be placed in a
permanent file to be kept at city hall and
open to public inspection during normal
business hours.
(3) Staff review: The city clerk shall arrange
a staff review meeting. The staff shall
consist of the city engineer, fire chief, and
any other pertinent department heads or
consultants designated by the planning
and zoning board. It shall be the duty of
the staff to review the preliminary devel-
opment plan and submit their written
recommendation thereon. The applicant
shall be invited to attend this meeting.
(4) Planning and zoning board review: The
planning and zoning board shall review
the preliminary development plan and
the staff recommendations and propose
any suggested revisions to the plan. The
applicant shall be invited to attend this
review meeting. The board shall then au-
thorize the city clerk to schedule and
advertise a public hearing on the PUD
request before the planning and zoning
board.
(5) Planning and zoning board public hear-
ing: The planning and zoning board shall
hold a public hearing to consider the change
of zoning request. The board shall either
recommend approval, approval with mod-
ifications, or denial of the request to the
(6) City commission public hearing: The city
commission shall review the preliminary
development plan, the staff recommenda-
tions, the planning and zoning board rec-
ommendations, and hold a public hearing
to consider the request. The commission
shall either approve, approve with modi-
fications, or deny the request, stating their
reasons for such action. If the request is
approved, the property shall be zoned
PUD with preliminary development plan
approval and shall be so designated on
the official 7.nninrr man. Prnvirlar 1 nvw-
ever, no permits may be issued at this
time.
(7) Final development plan; preliminary re-
'WeLU: VIVn11Cli the appilealiL l: pruprarillg LU
submit a final development plan, he shall
first contact the city clerk and arrange to
review the proposed plans with the plan-
ning and zoning board or its designee. If
three (3) or more parcels are to be created,
the property shall be platted pursuant to
chapter 9 of this Code. Review pursuant
to chapter 9 may be carried out simulta-
neously with, or subsequent to, review of
the final development plan. It is recom-
mended that the applicant file the final
development plan and the preliminary
plan concurrently.
(8) Submittal: The applicant shall submit to
the city clerk nine (9) copies of the final
development plan with a written request
for final development plan approval. The
final development plan may include all or
a part of the area included in the prelim-
inary development plan. The request and
one (1) copy of the final development plan
shall be placed in the permanent file at
city hall and shall be open to public in-
spection at all times.
(9) Staff review: The city clerk shall arrange
a staff review meeting. The staff, for the
purpose of this paragraph, shall include
Supp. No. 11 1346.2
ZONING
the city engineer, attorney, fire chief and
any other pertinent department heads or
consultants designated by the planning
and zoning board. It shall be the duty of
the staff to review the final development
pIan and submit their written recommen-
dations. The applicant shall be invited to
this meeting.
(10) Planning and zoning board review: The
planning and zoning board shall review
the final development plan and the staff
recommendations. The board shall then
either recommend approval, approval with
modifications, or denial of the plan to the
city, stating their reasons for such action.
(11) City commission review: The city commis-
sion shall review the final development
plan and the recommendations of the staff
and the planning and zoning board. The
commission shall then either approve, ap-
prove with modifications, or deny the re-
quest for final development approval, stat-
ing the factual reasons for such action. In
reviewing the final development plan, the
planning and zoning board and the city
commission shall make findings of fact
upon the following:
a. Whether there is substantial compli-
ance with the intent and purpose of
the PUD district and the approved
preliminary development plan.
b. Whether the phase of development
in question can exist as an indepen-
dent unit capable of creating an en-
vironment of substantial desirability
and stability.
c. Whether existing and proposed util-
ities and transportation systems are
adequate for the population pro-
posed.
(12) If three (3) or more parcels are created,
final plat approval must also be obtained
before any permits may be issued.
(13) After the city commission has approved
the final development plan, permits may
be issued for buildings and structures in
the area covered by the final development
§ 20-3DO
plan, provided they are in conformity with
the approved plan and with all other
pertinent ordinances and regulations.
g (14) The buildinofficial shall determine that
all common open space and recreational
improvements have been provided in ac-
cordance with the final development plan,
Supp. No. 11 1346.3
§ 2M55 WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 11 1346.4
Ordinance
Number
Date
Section
2006-02
5-22-06
2
2006-03
5-22-06
2
200641
941-06
2
2006-12
2-12-06
2
200648
10-23-06
2
Rpld
Amd
Added
3
4
5
Rpld
2006-19
11-13-06
2
2006-20
11-27-06
2
2006-23
1241-06
2
3
4
5
6
7
Section
this Code
19-1
[The next page is 2145]
Supp. No. 11 2101
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
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
19-129 163.3181(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) 166.032 2-89
34.191 11-1 166.041 141
Ch. 50 2-64(b)(1) 10-52
50.041 2-64 20402(f)
50.051 2-64 20-104
60.05 1344 166.201 et seq. Ch. 2, Art, VI
Ch. 97, Ch. 98 2-Ch. 1889 166.221 Ch. 10
99.093 2-88 166.231 18-2% 18-30
100,201 et seq. 2-94 166.231 et seq. Ch. 18, Art. II
100.361 2-26(b) 166.0425 Ch. 16, Art, III
Ch. 101 2-93 166.3161 20404
101.62-101.70 2-92 170.01 et seq. Ch. 17
101.657 2-96 Ch. 171 Ch. 2, Art. V
Ch.140 18-26 Cho 177 Cho
Ch. 102 2-85 9-2, 9-9
2-93 Ch. 180 A seq. Ch. 17
1AM 18-29 189.4042 18421
Ch. 162 Ch. 2, Art. III, Div, 2 2006065 Ch. 2, Art, VI
2-56, 6-32 Ch. 202 18-28
19474 202.11 18-26
162.05 2-57 202.20 18-31
162.05(3) 2-58 203.012 18-26
162.06(2)2 MUM) 2-59 Ch. 205 Ch. 10
162.07 2-60 Ch. 10, Art. If
162.08 2-61 205.043(c) 10-30
162.09 2-61 205.053 10-32
3-3 205.053(1) 10-29
162.10-162.13 2-62-2-65 Cho 212 18-27
162.22 3-10, 10-57 Ch. 218 Ch. 2, Art, VI
Ch. 163 9-391, 10-52 31561956 12-65
20-26 Cho 316 Cho 12
Ch. 163, Pt. II 9-500 12-2
20-28(a) 13-26
163.3161 et seq. 9-386.1 20-431(1)a.
Supp. No. 11 2145
WINTER SPRINGS CODE
F.S.
Section
F.S.
Section
Section
this Code
Section
this Code
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
10415
316.2055
Ch. 16, Art, II
849.04
Ch. 10, Art. IV
316,2065
13-62
849.07
Ch. 10, Art. IV
316,293
13-44
849.16
10-115
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
337.401
18-31
Cho 893
1043
Ch. MOM
9403
893.138
1342, 13-74
4030415
13-36
Cho 893
13-72
Ch. 16, Art. II
893.138
13-70
479.155
Ch. 16, Art, III
Ch. 895
1043
Ch.480
10-55
943.085-943.255
2-68
489.105
6-32
943.25(13)
11-2(a), 11-2(b)
4890127
6-270,6-272,
6-274, 6-275,
6-279
489.132
6-27016-272
533.73
6-31, 6-32
538.01 et seq_.
Ch. 10, Art. VI
Ch. 553
Ch. 6
Ch. 6, Art, III
553.06
Ch. 61 Art. V
553.19
Ch. 6, Art, IV
553.73
Ch. 6, Art. V
6-81
553.955 et seq.
6-6
Chs. 561-565
1043
561.01 et seq.
Ch. 3
561.14
3-3
56120(7)(a)
3-3
562.45(2)
Ch. 10, Art, III, Div. 2
Ch. 633
Ch. 71 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, 7756083
2-69.5(e), 11-1
Ch. 794
10-55, 1043
Ch. 796
10-52, 10-55, 10-73
796.07
13-72, 13-74
Ch. 800
10-55, 10-73
806.101
7-3
812.019
13-74
817.323 817.33
Ch. 10, Art, IV
Ch. 826
10-551 1043
Ch. 827
10-73
Ch. 828
Ch. 4
Ch. 847
10-55, 1043
[The next page is 21971
Supp. No. 11 2146
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