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Home My WebLink AboutSupplement No.10SUPPLEMENT NO. 10 November 2007 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. 2007-21, enacted July 9, 2007. See the Code Comparative Table for further information. Remove old pages xi—xiv Checklist of up-to-date pages 143, 144 148.1, 148.2 313, 314 559, 560 632564 613, 614 639-644 649-651 693, 694 695, 696 705, 706 709, 710 715, 716 25,726 731-736 1041, 1042 1045-1051 1227-1230 1241-1246 1260.5-1260.8 1330.1-1332 1342.43-1342.50 1342.57-1344 1353, 1354 1368.1-1378 1383-1390 1396.1-1402 2101 2145, 2146 3111-3119 Insert new pages xi—xiv Checklist of up-to-date pages (following Table of Contents) 143, 144 148.1, 148.2 313, 314 559, 560 562.1-564 613, 614 639-644.6 649-652 693, 694 695-696.2 705, 706 % 710 715, 716 725, 726 731-736.2 1041, 1042 1045-1054 1227-1230.4 1241-1246.2 1260.5-1260.8 1331-1332.4 1342.43, 1342.44 1343-1344.2 1353-1354.2 1369-1378.4 1383-1388 1397-1402 2101 2145, 2146 3111-3119 INSTRUCTION SHEET—Cont'd, 3121-3123 3121-3123 3129-3138 3129-3138 3141-3144 3141-3144 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. IVZCTNICII'AL 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 CURRENT OFFICIALS CITY OF WINTER SPRINGS, FLORIDA John F. Bush Mayor Robert S. Miller Rick Brown Donald A. Gilmore Sally McGinnis Joanne M. Krebs City Commission Ronald W. McLemore City Manager Anthony A. Garganese City Attorney Andrea Lorenzo-Luaces, CMC City Clerk Supp. No. 10 lii TABLE OF CON TENTS—Cont'd. Chapter Page 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...... . 69 9 6 a 0 0 0 6 0 0 0 0 6 582.1 Div. 5. Utilities ................................. 584.1 Div. 6. Off -Street Parking and Loading........... 585 Div. 7. Dumpsters .............................. 591 Art. V. Design Standards ............................ 592 Art. VI. Site Plan Review ........................... 604 Div. 1. Generally ............................... 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.....................................0 638 Div. 1. Overview and Exemptions ................ 638 Div. 2. Levels of Service Standards (LOS) ........ 641 Div. 3. Concurrency Administration .............. 643 Div. 4. Appeal Procedures ....................... 644 Div. 5. Transportation Facility Proportionate Fair - Share Mitigation Program ................ 644.1 Art. XI. Nonconformities ............................ 644.6 Art. XII. Minimum Community Appearance and Aes- thetic Review Standards, . 0 00 of goo 0 649 10. Licenses and Business Regulations ...................... 693 Art. I. In General ................................... 695 Art. II. Local Business Tax Receipts ................. 695 Art. III. Sexually Oriented Businesses and Adult Enter- tainment Establishments ................... 696 Art. IV. Amusements ............................... 735 Art. V. Peddlers and Solicitors and Miscellaneous Sales 735 Art. VI. Secondhand Precious Metals ................ 737 11. Miscellaneous Offenses .................................. 761 Art. I. In General ................................... 817 Art, H. Administration . ............................. 818 Supp. No. 10 xi WINTER SPRINGS CODE Chapter Page Art. III. Regulations ................................ 820 Div. 1. Generally ............................... 820 Div. 2. Stopping, Standing, Parking .............. 822 13. Nuisances .............................................. 873 Art. I. In General ................................... 875 Art, II. Noise, . a 0 0 6 0 0 0 . 0 0 0 0 * 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 ................ 880.4 Div. 5. Sound Levels by Receiving Land Use. . * 0 * 0 880.5 Div. 6. Measurement Procedures ................. 880.6 Div. 7. Enforcement. . R 0 0 4 0 4 a 0 9 0 4 a 0 0 0 & & 6 d a 0 P P 4 4 0 880.7 Art. III. Fire and Security Alarms ................... 880.8 Art. IV. Miscellaneous Nuisances ................... a 881 Af AT PiiVNIin INTL?isarce All �'+n i "+ 1 n�� ............ 992 14. Personnel .............................................. 931 Art. I. In General, . a 0 a 6 0 a . 0 4 0 6 0 0 . a 0 a a 0 0 0 a 0 6 & & 6 00 4 $0 0 933 Art. H. Old Age and Survivors Insurance. . 0 4 a 6 6 6 a a 0 f * 933 Aic. III. I'o, 1 u11 flat, ............................... 934 15. Planning ............................................... 985 Art. I. In General, o 4 9 0 0 0 a 0 a 0 a a a 0 a 0 6 4 0 0 0 0 a a a & Vol Art. II. Comprehensive Plan. 4 6 0 0 0 0 a 9 0 0 987 Art. III. Comprehensive Plan Amendments .......... 0 987 16. Signs and Advertising, . & 0 6 * 6 4 6 0 P * 0 a a 0 0 a & 0 & a 6 6 0 0 1041 Art. I. In General... & 6 a & a 6 6 0 & a 0 V * * 9 0 . 0 4 1 0 0 0 & a a 6 & 0 6 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. . 1101 Art. I. In General ................................... 1103 Art. II. Streets ..................................... 1103 Art. III. Sidewalks .................................. 1105 Art. IV. Excavations ................................ 1105 18. Taxation ............................................... 1157 Art. I. In General ................................... 1159 Art. II. Municipal Public Service Tax, . * 6 6 6 0 4 a 6 4 0 4 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 Div. 7. General Provisions ....................... 1176 Supp. No. 10 Xli TABLE OF CON Tran TS-Cont'us Chapter Page Div. 8. Specific Special Assessment Disticts and Areas ................................... 1176 19. Utilities,... &*as* so so 0 $00 000* 8#6090009 0 8*6*4*466009 $00*0 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. 0 0 0 9 0 0 0 6 0 0 6 & & 1257 Art. VI. Water Shortage Conditions and Shortages .... 1260.7 Art. VII. Reserved.................................9 1263 Art. VIII. Utility Protection and Enforcement......... 1263 20. Zoning................................................0 1305 Art. I. In General ................................... 1311 Art. II. Administration.. to 9 0 9 940 sots so*** 0600090 0*0 9 1316 Div. 1. Procedures Land Use Decisions ........... 1316 Div. 2. Planning and Zoning Board. . 0 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-lAA and R4A One -Family Dwelling Dis- tricts .................................... 1328 Div. 5. R-1 One -Family Dwelling Districts.. . a * 0 * 4 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. I-1 Light Industrial District ............. 1334 Div. 9. R-U Rural Urban Dwelling Districts ...... 1336.1 Div. 10. T4 Trailer Home Districts ............... 1336.2 Div. 11. R-T Mobile Home Park Districts ......... 1337 Div. 12. Town Center District Code ... 6 ......... 9 1341 Div. 13. Greeneway Interchange Zoning District .. 1342936 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 ................. 1342.55 Div. 1. Generally ..............................8 1342.55 Div. 2. Part A. Planned Unit Development........ 1342.55 Div. 3. Part B. Planned Unit Development........ 1352 Art. V. Supplemental District Regulations ............ 1364 Div. 1. Generally ............................... 1364 Supp. No. 10 xiii WINTER SPRINGS CODE Chapter Page Div. 2. Motor Vehicles. 1366 Div. 3. Siting and Regulation of Telecommunica- tions Towers ............................. 1369 Art. VI. S.R. 434 Corridor Vision Plan .............. 0 1378.2 Div. 1. S.R. 434 Corridor Overlay District ........ 1378.2 Div. 2. General Design Standards for New Develop- ment Area, . a 0 & a & 6 * 6 a 0 0*404P4904 0 0 9 4 0 0 0 # 4 1378.3 Div. 3. General Design Standards for Redevelop- ment Area ............................... 1391 Div. 4. Reserved ................................ 1404 Code Comparative Table-1974 Code ......................... 2091 Code Comparative Table —Ordinances ........................ 2093 State Law Reference Table ................................... 2145 Charter Index ............................................... 2197 Code Index ................................................. 3101 Supp. No. 10 �p Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 137, 138 8 10 13% 140 8 v, vi OC 140.1, 140.2 2 vii, viii OC 140.3, 140.4 2 ix, x 9 141, 142 1 xi, xii 10 143, 144 10 xiii, xiv 10 145, 146 6 1, 2 2 147, 148 9 314 2 148.1, 148.2 10 5, 6 2 14% 150 OC 7, 8 2 151, 152 OC 9, 10 2 203, 204 4 11, 12 2 205, 206 4 13, 14 3 207, 208 4 15, 16 2 257 OC 17, 18 9 259 OC 67 2 309, 310 5 77, 78 4 311, 312 5 7% 80 OC 313, 314 10 81, 82 OC 315, 316 5 83 4 317, 318 5 133, 134 9 3192 320 5 135, 136 9 321, 322 5 136.1, 136.2 3 323, 324 5 Supp. No. 10 [1] WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 325, 326 5 555, 556 9 327, 328 5 556.1, 556.2 9 32% 330 5 557,558 6 331,332 5 55% 560 10 333, 334 5 561, 562 9 335, 336 5 562.1, 562.2 10 37,338 5 563, 564 10 33% 340 5 564.1, 564.2 9 341, 342 5 564.3, 564.4 9 343, 344 5 5651566 OC 345, 346 5 567, 568 OC 347, 348 5 56% 570 OC 49,350 5 571, 572 OC 3512 352 5 573, 574 2 NP K 97A 1 57^_ 2 9 365, 366 9 575,576 OC 367, 368 9 577, 578 OC 36% 370 2 579,580 OC 371, 372 2 581,582 6 373, 374 2 582.1, 582.2 6 375, 376 2 583, 584 1 376.1, 376.2 2 584.1, 584.2 3 77,378 6 585, 586 OC 378.1, 378.2 6 587, 588 OC 378.3, 378.4 6 58% 590 5 37% 380 3 591,592 5 381, 382 9 592.1, 592.2 3 382.1, 382.2 9 593,594 OC 383, 384 3 595, 596 OC 385, 386 3 597,598 OC 387, 388 3 59% 600 OC 433, 434 3 6012 602 OC 435, 436 2 603, 604 OC 437, 438 2 605, 606 2 43% 440 OC 607,608 7 441, 442 OC 60% 610 7 493, 494 3 611, 612 OC 495, 496 1 613, 614 10 497, 498 1 615, 616 OC 49% 500 1 617, 618 OC 501, 502 1 619, 620 OC 503, 504 1 621, 622 OC 505, 506 1 623, 624 OC 507 1 625, 626 8 Supp. No. 10 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. SuFPO No. 627, 628 8 81% 820 7 62% 630 8 821, 822 7 631, 632 5 823, 824 7 351636 OC 873, 874 7 37,638 2 875,876 6 63% 640 10 877,878 6 641,642 10 87% 880 7 643, 644 10 880.1, 880.2 7 644.1, 644.2 10 880.3, 880.4 7 644.3, 644.4 10 880.52 880.6 7 644.5, 644.6 10 880.7, 880.8 7 645, 646 5 880.9, 880.10 7 647, 648 5 881, 882 6 649, 650 10 882.1, 882.2 6 651, 652 10 883, 884 5 693, 694 10 885 5 695, 696 10 931, 932 3 696.1, 696.2 10 933, 934 3 972698 5 985, 986 3 69% 700 5 987,988 3 701, 702 5 989, 990 3 703, 704 5 1041, 1042 10 705, 706 10 1043, 1044 OC 707, 708 5 1045, 1046 10 70% 710 10 1047,1048 10 711, 712 5 1049, 1050 10 713, 714 5 1051, 1052 10 715, 716 10 1053, 1054 10 717, 718 5 1101, 1102 3 719, 720 5 1103, 1104 OC 721, 722 5 1105, 1106 OC 723, 724 5 1157, 1158 4 25,726 10 1159, 1160 2 727, 728 5 1161, 1162 2 729, 730 5 1162.1, 1162.2 3 731, 732 10 1163, 1164 OC 33,734 10 1165, 1166 3 35,736 10 1167, 1168 OC 736.1, 736.2 10 11692 1170 OC 737, 738 6 1171, 1172 OC 761, 762 3 1173, 1174 OC 63,764 OC 1175, 1176 4 15,816 3 1177 4 8172 818 OC 1227, 1228 10 Supp. No. 10 [3] WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. N0. 122% 1230 10 1335,1336 7 1230.1, 1230.2 10 1336.1, 1336.2 6 1230.3, 1230.4 10 133693) 1336.4 6 1231, 1232 OC 1337, 1338 OC 1233, 1234 OC 133% 1340 OC 1235, 1236 OC 1341, 1342 1 1237, 1238 OC 1342.1, 1342.2 1 1239, 1240 OC 1342.3, 1342.4 1 1241, 1242 10 1342.5, 1342.E 1 1243, 1244 10 134247, 1342.8 1 1245, 1246 10 1342.9, 1342.10 1 1246.1, 1246.2 10 1342.112 1342.12 1 12472 1248 3 1342.13, 1342.14 1 1249, 1250 3 1342.15, 1342.16 1 1251 1252 g 1an217 1PA9IQ 1 1253, 1254 3 1342.19, 1342.20 1 1255, 1256 3 1342.212 1342.22 1 1257, 1258 6 MUM, 1342.24 1 125% 1260 6 1342.25, 1342.26 1 1260.1, 1260.2 6 1342.272 1342.28 1 1260.3, 1260.4 6 1342.29, 1342.30 1 1260.5, 1260.E 10 1342.31, 1342.32 7 1260.7, 1260.8 10 1342.33, 1342.34 7 1261, 1262 3 1342.34.1, 1342.34.2 7 1263, 1264 3 1342935; 1342.36 1 1305, 1306 6 1342.37, 1342.38 7 1307, 1308 6 1342.39, 1342.40 7 1309, 1310 9 1342.41, 1342.42 1 1310.1, 1310.2 9 1342.43, 1342.44 10 1311, 1312 7 1342.51, 1342.52 6 13132 1314 9 1342.532 1342.54 6 1315, 1316 9 1342.552 1342.56 6 1316.11 1316.2 9 1343, 1344 10 1317, 1318 6 1344.1, 1344.2 10 131% 1320 6 1345, 1346 OC 1321, 1322 6 1347, 1348 OC 1323, 1324 6 134% 1350 OC 1325, 1326 6 1351, 1352 OC 1327, 1328 6 1353, 1354 10 132% 1330 6 1354.1, 1354.2 10 1331, 1332 10 1355, 1356 OC 1332.1, 1332.2 10 1357, 1358 OC 1332.32 1332.4 10 1359, 1360 OC 1333, 1334 7 1361, 1362 OC Supp. No. 10 [4] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 1363, 1364 6 1365, 1366 9 1366.1, 1366.2 9 1367, 1368 4 136% 1370 10 1371, 1372 10 1373, 1374 10 1375, 1376 10 1377, 1378 10 1378.1, 1378.2 10 1378.3, 1378.4 10 13799 1380 OC 1381, 1382 OC 1383, 1384 10 1385, 1386 10 1387, 1388 10 1391, 1392 5 1392.1, 1392.2 5 1393, 1394 OC 1395, 1396 1 1397, 1398 10 139% 1400 10 1401, 1402 10 1403, 1404 5 1405, 1406 1 1407 1 2091, 2092 OC 2093, 2094 OC 2095, 2096 OC 2097, 2098 9 209% 2100 9 2101 10 2145, 2146 10 21979 2198 2 2199 2 3111, 3112 10 3113, 3114 10 3115, 3116 10 3117, 3118 10 3119 10 3121, 3122 10 3123 10 312% 3130 10 3131, 3132 10 Supp. No. 10 [5] 3133, 3134 3135, 3136 3137, 3138 31IL 3142 3143, 3144 Supp. No. 10 10 10 10 10 ADMINISTRATION § 2-69.6 Section Title Class Sec. 2-69.5. Procedures to pay or contest ci- tations. 17-1 Hazards (obstruc- (a) Any person cited for a violation under sec- tions) R.O.W. I tions 2-69.1, 2-69.2, 2-69.3, and 2-69.4 shall within 7-27 Fireworks and explo- thirty (30) days of issuance of the citation: sives I (1) Pay the civil penalty set forth in the All second offenses of schedule of violations at the clerk of the class I II circuit court's office; or (2) Contest the citation in county court through 646 No building permit II appearance at the clerk of the circuit 10-26 No local business tax court's office to receive a court date. receipt II (b) If the person cited pays the civil penalty as 5-3 No arbor permit II provided in subsection (a)(1) of this section, he shall be deemed to have admitted the civil infrac- 7-1 Spreading fire II tion and to have waived his right to a hearing to 7-1 Failure to notify fire II contest the citation. 493 No meter backflow II (c) If the person cited appears at the clerk of the circuit court's office to receive a court date as All second offenses of provided in subsection (a)(2) of this section, he class II III shall appear on said court date to contest the citation in county court and he shall be deemed to Third offenses of have waived his right to the civil penalty set forth class I III in the schedule of violations and shall be subject 6-217 No pool enclosure III for each violation to the maximum civil penalty which shall not exceed five hundred dollars 9-349(a), ($500.00) plus any applicable court costs. (b), (c) Site plan violation III (d) If the person cited fails to pay the civil 6465 Building mainte- penalty within the time allowed, or fails to appear nance to code III in court to contest the citation, he shall be deemed Additional offenses to to have waived his right to contest the citation class I, II, and III IV and judgment may be entered against the person for an amount up to the maximum civil penalty Violation Classification Civil Penalty not to exceed five hundred dollars ($500.00). Class I Class II $ 50.00 (b) The citations issued pursuant to sections 2-69.2, 2-69.3, and 2-69.4 may be contested in county court in and for Seminole County. (Ord. No. 547, § I(§ 2-66g), 11-22-93; Ord. No. 2006-23, § 3, 12-11-06) (e) Any person who willfully refuses to sign or Sec. 2-69.6. Citation contents. The citation issued by the code enforcement officer shall be in a form prescribed by the city and shall contain: (1) The date and time of issuance. Supp. No. 10 143 WINTER SPRINGS CODE (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code en- forcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (Rl ThP annlrahlP ri.ril nanalt�� if the r�r�pn elects not to contest the citation. (9) The applicable civil penalty if the person elects to contest the citation. (10) A conspicuous statement that if the per- son fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to con- test the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Ord. No. 547, § I(§ 2-661), 11-22-93) Sec. 2-69.7. Disposition of citations and civil penalties. (a) After issuing a citation to an alleged viola- tor, the code enforcement officer shall: (1) Deposit the original citation and one (1) copy of the citation with the clerk of the circuit court; (2) Provide the alleged violator with one (1) copy; (3) Deposit one (1) copy with city clerk; and (4) Retain one (1) copy in the code enforce- ment officer's department file. Supp. No. 10 144 (b) All civil penalties received by the county court from violators of city codes or ordinances shall be paid into the general fund of the city in the penalty and fine account. All court costs shall be retained by the clerk of the circuit court. (Ord. No. 547, § I(§ 2-66j), 11-22-93) Sec. 2-69.8. Provisions supplemental. It is the legislative intent of this subdivision to provide an additional and supplemental means of obtaining compliance with city codes and ordi- nances. Nothing contained in this subdivision shall prohibit the city from enforcing its codes or ordinances by any other means. (Ord. No. 547, § I(§ MR), 11-22-93) Secs. 2-70-2-73. Reserved. Secs. 2-74, 2-75. Reserved. DIVISION 4. BEAUTIFICATION BOARD Sec. 2-76. Created. There is hereby created "The Beautification of Winter Springs Board" (hereinafter referred to as "BOWS"). (Ord. No. 459, § 1, 5- M9) Sec. 2-77. Composition; appointment of mem- bers. BOWS shall consist of seven (7) members, five (5) members to be appointed by the city commis- sion and two (2) members to be appointed by the mayor. (Ord. No. 459, § 2, 5-22-89) `Editor's note —Ord. No. 709, § I, adopted Dec. 14, 1998, repealed Former Div. 3, §§ 2-70-2-73, in its entirety which pertained to the commerce and industry development board and derived from Ord. No. 424, §§ 1-4, adopted July 11, 1988. 'Editor's note —Ord. 459, § 1, adopted May 22, 1989, did not specify manner of codification; hence, inclusion herein as 4, §§ 2-76-2-80, has been at the discretion of the editor. Cross references —Building regulations generally, Ch. 6; fences, walls and hedges, § 6-186 et seq.; land development, Ch. 9; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20. 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). A11 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, 6-12-00; Ord. No. 2007-12, § 2, 641-07) 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: (i) 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 from the re- quirements of subsection (a) provided that said purchases are not prohibited by city charter, state 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, § 21 641-07) 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 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 148.2 TREE PROTECTION AND PRESERVATION § 54 Sec. 54. Permit required for tree removal this chapter only if trees are planted and and land clearing; separate viola- growing on the premises of the licensee tions; criteria; contractor permit and are for sale or intended for sale in its required. ordinary course of business. (a) Permit required. No person shall engage in (c) Review standards. When making a deter - tree removal or engage in land clearing located mination on whether a tree meets one of the within the city, without first obtaining a permit as conditions set forth in section 54(b) and there - provided in this chapter. If a property owner has fore, whether to approve or deny an application retained a contractor to perform the land clearing under this chapter, the city shall apply one (1) or or tree removal, the contractor shall be responsi- more of the following standards of review deemed ble for obtaining the permit required by this relevant: chapter prior to the land clearing or tree removal. It shall be a separate violation of this chapter for (1) Necessity to remove trees which pose a each tree removed and each day a person is clear and obvious safety hazard to pedes- engaged in land clearing without a permit. trian or vehicular traffic or threaten to cause disruption to public services or a (b) Criteria. Upon receipt of a completed appli- significant obstacle to accessing and uti- cation and verification on -site by the city forester, lizing public easements and rights -of -way. a permit may be issued for tree removal under any one of the following conditions: (2) Necessity to remove trees which pose a (1) Trees located on building and construc- clear and obvious safety hazard to build- ings and other improvements on a lot or tion sites as shown on city approved plans, parcel of land. Ordinary small cracks or provided said trees are replaced else- uplifts in pavement, sidewalks, and non - where on the property in accordance with occupied structures that are typically section 5-9 of this chapter. caused by settling and small roots shall (2) Trees located within ten (10) feet of a not be considered a safety hazard. structure or other improvement, provided (3) Necessity to remove diseased trees or trees said trees are replaced elsewhere on the weakened by age, storm, fire or other property in accordance with section 5-9 of injury or trees with severe structural de - this chapter. fects that pose a clear and obvious safety (3) Trees severely diseased, severely injured hazard to people, buildings or other im- or dead. provements on lot or parcel of land. (4) Trees that interfere with the construction (4) The extent to which tree removal is likely or repair of public infrastructure and fa- to result in damage to the property of cilities. other owners, public or private, including (5) Undesirable trees, per Appendix A. damage to lakes, ponds, streams, or rivers (6) Trees removed by the city or other govern - through runoff or erosion. mental agency and which are located (5) Any proposed landscaping including plans within a public road, drainage rights -of- whereby the applicant has planted or will way, or permanent utilities and drainage plant trees to replace those that are pro - easements, posed to be cleared. (7) Trees that have been approved by the city (8) All trees and plants, within a licensed tree nursery, planted for harvest shall be exempt from the terms and provisions of (6) Topography of the land and the effect of (7) Good forestry practices, such as the num- ber of healthy trees that a given parcel of Supp. No. 10 313 WINTER SPRINGS CODE land will reasonably support and the proven techniques that sustain healthy trees. (8) Necessity to remove trees in order to construct approved and permitted improve- ments to allow economic enjoyment of the property, including: a. Need for access around the proposed structure for construction equip- ment (maximum of ten (10) feet). b. Need for access to the building site for construction equipment. c. Essential grade changes. d. Need for locating street or road rights - of -way, utilities, drainage ways, as Wnll a�, t_hn "nor, to nrnvidn rnannn_ able use and property access. (9) The extent of any damage or demon- strated hardship which would result to the applicant Loria a denial of the l e- quested permit. (10) The species and size of the trees proposed for removal. (11) The following factors shall also be consid- ered: a. Trees forming the current canopy. b. Preservation of the next generation of trees. (d) Silviculture exemption. All trees planted specifically for silvicultural purposes shall be ex- empt from the provisions of this chapter provided the property owner can provide documentation to the city evidencing that: (1) The property is registered as a silvicultural site with the division of forestry; and (2) Trees of typical harvestable size and type exist on the property which are capable of being harvested for income and that the property owner has, or intends to, gener- ate income from the harvested trees. (e) Contractor license required; contractor ob- taining permits. Any person or entity engaged in the business of tree removal or pruning shall be licensed by the city on an annual basis. Licenses Supp. No, 10 314 may be obtained from the city by completing an application prepared by the city and paying the required license fee. The license application shall contain at a minimum the name, address, and telephone number of the contractor and a copy of the contractor's local business tax receipt and proof of liability and workers' compensation in- surance. It shall be unlawful for any person or entity to engage in the business of tree removal or pruning within the City of Winter Springs with- out a license required under this subsection. It shall also be unlawful for any such person or entity to fail to obtain a permit on behalf of a property owner pursuant to section 5-4(a) of this chapter. (Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2, 10-13-03; Ord. No. 2006-23, § 4, 1241-06) Sec. 5-5. City forestry office. (a) Establishment of office. There is hereby created within the department of community de- VC.'1Op111011L, L110 offluo 01 CiLy fo) t -� 01'y. The cuniiiiu pity development director shall head this office and the city manager shall appoint one (1) or more employees of the department to act in the capacity of forester for the city. (b) Scope of authority. The city forester shall be charged with the responsibility and authority to review and oversee all activities within the city mi lits which involve tree removal, land clearing, or danger to and by any tree. Notwithstanding, the city forester shall have absolutely no author- ity to vary any plans, permits, or agreements approved by the city commission. (c) Responsibilities. The role of the city for- ester shall include, but not necessarily be limited to: (1) Receiving and processing applications for tree removal, land clearing and other per- mits under this chapter. (2) Inspection of all property subject to an application. (3) Confirming all information provided by the applicant is correct and accurate. (4) To approve or deny all permit applications under this chapter. LAND DEVELOPMENT Sec. 9-391.8. Capital expansion plans. Sec. 9-391.9. Refunds. Sec. 9-391.10. Vested rights. Sec. 9-391.11. Penalty for violation. Sec. 9-391.12. Appeal. Secs. 9-392-9-395. Reserved. Division 4. Reserved Sec. 9-396-9-400. Reserved. Article IX. Vested Rights Sec. 9-401. Intent. Sec. 9402. Vested rights application process. Sec. 9403. Standards for determining vested rights. Sec. 9404. Limitations on determination of vested rights. Secs. 9-404-9-499. Reserved. Article X. concurrency Administration and Evaluation Procedure Division 1. Overview and Exemptions Sec. 9-500. Purpose of concurrency evaluation. Sec. 9-501. Definitions. Sec. 9-502. Application submittal. Sec. 9-503. Reserved. Sec. 9-504. Change of use. Sec. 9-505. Demolitions. Secs. 9-506-9-509. Reserved, Division 2. Level of Service Standards (Los) Sec. 9-510. Introduction. Sec. 9-511. Potable water LOS (Reserved). Sec. 9-512. Solid waste LOS (Reserved). Sec. 9-513. Wastewater LOS (Reserved). Sec. 9-514. Parks and recreation LOS. Sec. 9-515. Storm water LOS (Reserved). Sec. 9-516. Transportation LOS (Reserved). Secs. 9-517-9-529. Reserved. Division 3. concurrency Administration Sec. 9-530. Development review committee. Sec. 9-531, concurrency review. Sec. 9-532. Conditional approvals. Sec. 9-533. Concurrency certificate. Secs. 5-534-5-539. Reserved, Division 4. Appeal Procedures Sec. 9-540. Notice of appeal. Sec. 9-541. Appeal notice and hearing. Sec. 9-542. Appeal of city commission. Secs. 9-543-9-545, Reserved. Supp. No. 10 559 WINTER SPRINGS CODE sion 5. 74ansportation Facility Proportionate Fair -Share Mitigation Program Sec. 9-546. Purpose and intent. Sec. 9-547. Applicability. Sec. 9-548. General requirements. Sec. 9-549. Intergovernmental coordination. Sec. 9-550. Application process. Sec. 9-551. Determining proportionate fair -share obligation. Sec. 9-552. Impact fee credit for proportionate fair -share mitigation. Sec. 9-553. Proportionate fair -share agreements. Sec. 9-554. Appropriation of fair -share revenues. Sec. 9-555. Cross jurisdictional impacts. Secs. 9-556-9-560. Reserved, Article XI. Nonconformities Sec. 9-561. Intent; rules of interpretation; building and fire codes; defini- tions. Sec. 9-562. Continuance of lawful nonconforming uses and structures. Sec. 9-563. Nonconforming lots of record. Sec. 9-504. Nonconiornling uses of structures or of structures and premises in combination. Sec. 9-565. Abandonment. Sec. 9-566. Repairs and maintenance. Sec. 9-567. Temporary uses. Sec. 9-563. Special pe';nit,. Sec. 9-569-9-599. Reserved, Article XII. Minimum Community Appearance and Aesthetic Review Standards. Sec. 9-600. Statement of findings and purpose. Sec. 9-601. Approval prerequisite for permits. Sec. 9-602. Minimum standards; compliance with other code provisions. Sec. 9-603. Procedure. Sec. 9-604. Duration of approval. Sec. 9-605. Application criteria. Sec. 9-606. Building permits; enforcement. Sec. 9-607. Residential compatibility and harmony regulations. Supp. No. 10 560 LAND DEVELOPMENT variance shall not be granted if it has the effect of nullifying the intent and purpose of this chapter. (b) A written application for such variance must be submitted demonstrating that special conditions exist which are peculiar to the lands, structures or required subdivision improvements involved and which are not applicable to other lands, structures or required subdivision improve- ments. Application shall be accompanied by the fee for a variance as specified in the fee schedule currently in effect. (c) Before any variance shall be granted, a public hearing on the proposed variance shall be held by the board of adjustment. Notice of such public hearing shall be published fifteen (15) days prior to the hearing in a newspaper of general circulation in the county. Such notice shall also be posted fifteen (15) days prior to the hearing in three (3) separate places in the city, and be mailed to all persons who are record owners of property within one hundred fifty (150) feet of the subject property. (d) The board of adjustment shall make find- ings that the requirements of each portion of this section have been met. The board of adjustment shall further make a finding that the reasons set forth in the application justify granting of the variance and that the variance is the minimum variance that would make possible the reasonable use of the lands, buildings or other improve- ments. (e) The board of adjustment shall make a fur- ther finding that the granting of the variance would be in harmony with the general purpose and intent of this chapter and will not be injuri- ous to the surrounding territory or otherwise detrimental to the public welfare. (f) In granting any variance, the board of ad- justment may prescribe appropriate conditions and safeguards, to such variance, and when made a part of the terms which the variance is granted a violation of any term or condition shall be deemed a violation of this chapter and shall be punishable as such. (Code 1974, § 144) Sec. 9-6. Appeals from granting of variances. (a) Any pern so, board, taxpayer, departmn et or bureau of the city, aggrieved by the granting of any variance, or the failure of granting of any variance, or by the interpretation by the board of adjustment of this chapter may appeal the deci- sion of the board of adjustment to the city council. (b) Upon the rendering of an unfavorable de - on upon appeal by the city council, any person, board, taxpayer, department or bureau of the city, aggrieved by the granting of any variance or by the interpretation by city officials of this chapter may seek review through a court of record of such finding or interpretation in the manner provided by the laws of the state. (Code 1974, § 14-5) Sec. 9-7. Enforcement and penalties. (a) The city council or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this chapter, including unctive relief, to enjoin and restrain any per- son from violating the provisions of this chapter anI any rules and regulations adopted under this chapter, and the court may, upon proof of the violation of this chapter, issue such temporary anI permanent injunctions as are necessary to prevent the violation of this chapter. (b) Any person violating or failing to comply with the terms and provisions specified herein, shall be punished, upon conviction and at the discretion of the court, by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not exceeding sixty (60) days, or by both fine and imprisonment. Each day that a violation is per- mitted to exist shall constitute a separate offense. (Code 1974, § 14-6) Sec. M. Soil, rock, etc., removal. (a) It shall be unlawful for any person to remove fi om any real property within the city any soil, subsoil, rock, or sand without approval as provided herein. Prior to such removal such per- son shall file with the city manager an application which shall include a written consent of the owner for such removal. The city manager shall Supp. No. 10 562.1 WINTER SPRINGS CODE present the application to the city commission for its approval. If the commission approves the ap- plication, the mayor shall issue a written permit for such removal. (b) Unless such removal becomes a public sance or endangers the public health, safety or welfare, no permit would be necessary other than a building permit for the removal which would be incident to the preparation of single-family homes or auxiliary structures such as patios, swimming pools or driveways. (Code 1974, § 9-5) Sec. 9-9. Replatting. Originally platted lots or parcels maybe replat- ted in accordance with the platting provisions of i.111 U�/LGl 1/ 1, 1'1V11UGl IJ Lf.1.LULG.Y Ul1LL Ii111S VL1QlJ l.Cl. (Ord. No. 2005-23, § 2, 9-12-05) Sec. 9-10. General criteria for approval. l3el'ore any Alai; replat or lot split; application is approved by the city commission under this chap- ter, the applicant must demonstrate, and the city commission must find, that the proposed plat, replat or lot split meets the following criteria: (a) The application is in compliance with the provisions of this chapter and applicable law. (b) The application is consistent with the city's comprehensive plan and applicable city master plans. (c) The application is compatible and in har- mony with the surrounding neighborhood including with respect to the size of exist- ing surrounding lots and development trends in the neighborhood which have been previously approved by the city com- mission. For properties zoned residential (excluding planned unit developments and Town Center), the resulting lots must comply with the following additional min- imum standard: (1) The size of each proposed lot must be equal to or greater than the average size of all lots that are located within a one thousand (1,000) foot radius around the outer perimeter of the proposed lots and have the same city zoning designation as the proposed lots. The average shall be defined as the arithmetic mean and shall be determined using the average of all residential lots, excluding lots and tracts reserved for stormwater, con- servation, and areas on previously approved plans designated for fu- ture development. The proposed lots shall be included in the calculation of the average. (d) The application does not create any lots, tracts of land or developments that do not conform to the City Code. (e) The application does not create burden- some congestion on the streets and high- ways. (f) The application promotes the orderly lay- out and use of land. (g) The application provides for adequate light and air. (h) The application does not create overcrowd- ing of land. (i) The application does not pose any signif- icant harm to the adequate and economi- cal provision of water, sewer, and other public services. (j) The application provides for proper in- gress and egress through a public or ap- proved private street or perpetual cross access easements. (Ord. No. 2005-23, § 2, 9-12-05; Ord. No. 2006-11, § 2, 941-06) Sec. 9-11. Lot splits. The city commission may by resolution at a public hearing grant waivers from the platting requirements of this chapter for divisions of land that constitute a lot split: Supp. No, l0 562.2 (a) For purposes of this section, the term "lot split" shall mean a division of a tract of land or lot that will result in the creation LAND DEVELOPMENT of exactly one (1) additional lot or tract of land provided the following conditions are met: (1) The lot or tract of land to be split is a previously platted lot or legal de- scription of record. (2) Each lot or tract of land created hereunder shall abut a public or approved private street, unless per- petual cross -access easements al- ready exist on the lot to be split or are determined not to be necessary, or, if necessary, are provided by sep- arate instrument. (3) The lot split shall in every respect meet the criteria established else- where in this chapter and the City Code for the category of zoning and other relevant Codes under which the property is zoned. (b) Every lot split shall be processed in the following manner: (1) An application form provided by the community development department Supp. No. 10 563 § 0-11 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 564 LAND DEVELOPMENT a specific type of an use activity per unit of development per day as documented in the ITE Trip Generation Report, 5th Edition (1991). Unit of development: The standard incremental measure of land development activity for a spe- cific type of land use upon which the trip genera- tion rate is based as documented in the ITE Trip Generation Report, 5th Edition (1991). Vehicle miles of travel; lane miles: The sum of the product of the length of each roadway link times the number of trips on each link as identi- fied in the Winter Springs Future Year Network with Existing Traffic Volumes Study attached as Exhibit "A" [following this division] and hereby adopted. (Ord. No. 512, § 1, 12-9-91; Ord. No. 200449, § 3, 12-13-04) Sec. 9-386.5. Limitations on issuance of building permits. Any person who applies for the issuance of a building permit for land development activity which will generate additional traffic shall be required to pay a road impact fee in the manner and amount set forth herein. Except as provided elsewhere in this division, no building permit for any land development activity generating traffic requiring payment of a road impact fee pursuant to this division shall be issued unless and until the road impact fee hereby required has been paid. Except as provided elsewhere in the division, no person shall carry out any land development activity generating traffic unless and until the road impact fee required by this division has been paid and a building permit has been issued. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.6. Determination of road impact fees. The road impact fee for any land development activity generating traffic shall be determined either by using the fee rate schedule set forth in section 9-386.7 or by using the independent method of calculation set forth in section 9-386.8 of this division. Also, any applicant may propose to enter into an impact agreement with the city as set § 9-386.7 forth in section 9-386.10 of this division in order to establish just and equitable impact fees or their equivalent which are appropriate to the specific circumstances of the land development activity generating traffic. (Ord. No. 512, § 17 12-9-91) Sec. 9-386.7. Road impact fee rate schedule. Any person may determine their road impact fee by using the fee rate schedule presented in Exhibit "B" [following this division] and hereby adopted, and as may be amended from time to time. The fee rate schedule is presented for the convenience of the public and may be used in lieu of the independent method of calculation set forth in section 9-386.8. The fee rates have been calcu- lated using the method of calculation presented in section 9-386.8 using recognized accepted trip generation rates based upon acceptable national and local averages. For the convenience of the public the fee rates which are based on trip generation have been converted to dollar amounts per unit of development, i.e., per dwelling unit, per one thousand (1,000) square feet, per room, etc., depending upon the type or classification of land development. The road impact fee is deter- mined by the following provisions: (1) Road Impact Fee Rate Schedule: See Ex- hibit . (2) The total road impact fee for a specified type of land development activity is cal- culated by multiplying the impact fee rate for the specified type of land development activity by the number of units of devel- opment of the specified type of develop- ment activity. (3) When a land development activity for which an application for a building permit has been made includes two (2) or more buildings, structures or other land uses in any combination, including two (2) or more uses within a building or structure, the total road impact fee assessment shall be the sum of the products, as calculated above, for each and every building, struc- ture or other use, including each and every use within a building or structure, unless otherwise provided for in this divi- Supp. No. 10 613 § 9-3s6.7 WINTER SPRINGS CODE sion. For purposes of clarification, the impact fee schedule in Exhibit "B" appli- cable to convenience markets includes and accounts for impact of land use for gas pump operation. (4) In the case of a change of use, redevelop- ment or modification of an existing build- ing, structure or other land development activity which requires the issuance of a building permit, the impact fee shall be based upon the new increase in the im- pact fee for the new or proposed land development activity as compared to the existing or last previous land use or activ- ity. (5) In the case of a demolition of an existing uui uing ul buruUuure, Ulle iu1.PaC, lee Iw future redevelopment shall be based upon the net increase in the impact fee for the new or proposed land development activ- ity as compared to the lan!1 iase or activity existing prior to demolition. Credit for the proper use shall not be transferable to another location. (6) In the case of a relocation of a building or structure, an impact fee shall be assessed to the relocated building at its new loca- tion. Future redevelopment of the old lo- cation from which the building was re- moved will receive a credit against the impact fee assessed equal to the impact fee that would have been assessed against the relocated structure. Credits shall not be transferable to the new location. (7) In order to take advantage of subsection (4), (5) or (6) (above) and pay impact fees only for the net increase in development activity, the applicant shall provide rea- sonably sufficient evidence that the pre- vious land use or activity was actually maintained on the site at any time during the five-year period prior to the date of application for the new development ap- proval. Such evidence may include proof of utility records, records for the use sought to be shown, or other documentation. Lo- cal business tax receipt issuance is not of itself substantial proof. Supp. No, 10 614 (8) In the event that an applicant for a build- ing permit or the City of Winter Springs contends that the land use for which the building permit is proposed is not within the categories listed in the impact fee schedule, Exhibit "B", or fits within a different category, then the city manager, or his designee shall make a determina- tion as to the appropriate land use desig- nation which is consistent with current practices to add land use categories to the fee rate schedule following submission to the commission. In addition, either the city or the applicant can propose actual studies or surveys in order to calculate the most appropriate fee rate. Such deter- mination may be appealed to the city (Ord. No. 512, § 1, 12-9-91; Ord, No. 638, § I, 2-10-97; Ord. No. 2006-23, § 5, 12-11-06) Sec. 9-386.8. Indelpendent impact fee calcu- lation. (a) In the event an applicant believes that the impact of this development on the municipal collector road network will be less than that presumed in this division, the applicant may submit a proposed scope of work for determining an independent fee calculation which shall com- ply with the requirements of subsection (d) of this section. Upon approval of the scope of work the applicant may submit an independent fee calcu- lation to the city manager or his designee, pursu- ant to the provisions of this section. If the city manager, or his designee, finds that the data, information and assumptions used by the appli- cant to calculate the independent impact fee sat- isfy the requirements of this section, the indepen- dent impact fee shall be deemed the impact fee due and owing for the proposed development. Since processing of independent impact fee calcu- lations involves significant staff time, applicants should submit their independent impact fee cal- culation at least sixty (60) days prior to the date they will need a final determination of their LAND DEVELOPMENT article. No development permit or order which contains a specific plan of development, including densities and intensities of development, shall be issued unless adequate public facilities are avail- able to serve the proposed development as deter- mined by the concurrency evaluation set forth in this article. (Ord. No. 2001-39, § 1, 940-01) Sec. 9-501. Definitions. The following words and phrases used in this article shall have the meanings ascribed below unless the context clearly indicates otherwise: City's growth management policies. The growth management policies of the City of Winter Springs that are set forth in the city's comprehensive plan and land development regulations which regulate land development and established levels of ser- vice of public facilities and services, cluding san- itary sewer, solid waste, drainage, potable water, parks and recreation, and transportation facili- ties. Concurrency certificate. A certificate issued for a specific development or property that indicates available capacity for each public facility re- viewed based upon adopted levels of service stan- dards established in this article at the time the certificate is issued and does not guarantee capac- ity in the future, nor does the certificate encum- ber capacity for a specific period of time. Concurrency evaluation. Evaluation by the de- velopment review committee based on adopted levels of service standards to ensure that public facilities and services are available concurrent with the impacts of such development as defined in this article. Development order. Any order granting, deny- ing or granting with conditions an application for a development permit. Development permit. Includes any building per- mit, zoning permit, subdivision approval, rezon- ing certification, special exception, variance, or any other official action of the city having the effect of permitting the development of land. Development review committee. Shall be a com- mittee established by the city manager to review § 9-501 and approve applications for the development of land. At a minimum, the committee shall consist of the directors of utilities/public works, commu- nity development, and parks and recreation or their designee. The city manager or city commis- sion may also appoint residents of Winter Springs to serve on the committee. Financial feasibility means that sufficient rev- enues are currently available or will be available from committed funding sources for the first three (3) years, or will be available from committed or planned funding sources for years 4 and 5, of the city's 5-year capital improvement program (CIP) for financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and developer contribu- tions, which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted level -of -service standards are achieved and maintained within the period covered by the five-year CIP. Level of service standard. The measurement indicating the degree of service provided by, or proposed for a facility based on operational char- acteristics of the facility. Proportionate Mirshare means the method by p which the imacts of development on transporta- tion can be mitigated by the cooperative efforts of the public and private sectors. The intent of the proportionate fair -share contributions is to pro- vide applicants for development an opportunity to proceed under certain conditions, notwithstand- ing the failure of transportation concurrency, by contributing their share of the cost of improving the impacted transportation facility. Proportion- ate fair share is a pay -and -go method that does not require immediate resolution of the level of service deficiency, but transportation proiects mit- igating the LOS deficiencies on these facilities must still be programmed for improvement in the city's 5-year capital improvement program. Public facilities and services. Those public fa- cilities and services for which level of service standards have been established in the City of Winter Springs Growth Management Policies, anI are recognized in this article, and which Supp. No. l0 1299 WINTER SPRINGS CODE include (1) roads, (2) wastewater, (3) storm water, (4) solid waste, (5) potable water, (6) parks and recreation. (Ord. No. 2001-39, § 1, 9-lMl; Ord. No. 2006-20, § 2, 11-2M6) Sec. 9-502. Application submittal. (a) The development review committee shall be responsible for carrying out the requirements of this article and shall make determinations regarding concurrency applications and issue cer- tificates according to the procedures established by this article. An application for a concurrency certificate shall be filed with all applications for a final development order or permit, unless other- wise exempted by this article. A preliminary re- view application may also be submitted for an informational and non -binding concurrency re- view by the development review committee. All applications shall be made on a form prescribed by the city, which should require, at a minimum and as applicable: (1) Date of submittal. (2) Name, address, and telephone number of applicant and property owner. (3) Parcel I.D. number, street address, and legal description. (4) Proposed land use(s) by land category, square feet and number of units. (5) Phasing information by proposed uses, square feet and number of units. (6) Existing use of property, acreage of prop- erty, name of DRI, PUD, subdivisions. (7) Site design information. (8) Previously issued concurrency certifi- cates. (9) Possible limitations in the manner in which the proposed use will be conducted, includ- ing restrictions on use, resident popula- tion, density and intensity of use. (10) Possible limitations on the height, size, location, density or intensity of a building or other structure. (11) Possible phasing schedule. Supp. No. 10 640 (12) Possible alternative with respect to size, number, location or nature of vehicle ac- cess points. (13) Possible increase in the amount of street dedication, roadway width, or construc- tion of roadway improvements within street right of way. (14) Plans for the protection of existing trees, vegetation, water resources, wildlife hab- itat and other significant natural re- sources. (15) Any information regarding possible solu- tions or alternatives which would permit the proposed development in conformity with the requirements and intent of this article and the city's growth management ,. . vuiiuies. (16) Data and analysis relevant to the concur- rency facilities and services evaluated un- der this article, whereupon the develop- ineiit review cowwLittee can conduct a 7d make an informed concurrency determi- nation. (b) An application which is not technically complete shall be returned to the applicant with a correspondence detailing the deficiencies in the application. Failure to submit the required infor- mation in accordance with this section shall re- sult in the denial of the concurrency application. Applications deemed complete by the city shall be handled on a first -come first -served basis. Once an application is accepted by the city as complete, any changes in uses, densities and intensities for the subject property that result in an increased capacity requirement for any concurrency facility shall be subject to a new concurrency review. An application fee may be established by the city commission by resolution. All completed applica- tions shall be reviewed in accordance with the procedures contained in this article. (Ord. No. 2001-39, § 1, 9-10-01) Sec. 9-503. Reserved. Sec. 9-504. Change of use. (a) Any change, redevelopment or modification of use shall require a concurrency evaluation under this article, provided the proposed change, LAND DEVELOPMENT redevelopment or modification of use has more than a de minimis impact on public facilities and services than the previous use that was actively maintained on the site during the six (6) month period prior to the date of application for concur- rency evaluation. Concurrency credit shall be given for the previous use that was actively main- tained on the site during the six (6) month period prior to the date of application for concurrency evaluation. If the proposed change, redevelop- ment or modification of use has a lesser impact on public facilities and services than the previous use during the six (6) month period prior to the date of application for concurrency evaluation, then no concurrency evaluation shall be required. If no use existed on the site for the six (6) month period prior to the date of application, no concur- rency credit shall be issued and the proposed use shall be subject to concurrency evaluation. (b) The impact of such change, redevelopment or modification shall be measured in terms of level of service criteria including, but not limited to, vehicular trips per day, estimated increases in water and sewer flows, increases in resident pop- ulation, increases in on -site impervious surfaces, and estimated solid waste generation. (c) The burden is on the applicant to provide reasonably sufficient evidence that the previous use has been actively maintained on the site during the six (6) month period prior to the date of application for the concurrency evaluation. Such evidence may include utility records, records re- flecting the use sought to be proven, and other relevant documents. A local business tax receipt is not of itself sufficient proof of a particular use, but may be used to support other evidence of a use maintained on a site. (Ord. No. 2001-39, § 1, 9-10-01; Ord. No. 2006-23, § 5, 1241-06) Sec. 9-Man . Demolitions. In the case of a demolition of an existing use or structure, the concurrency evaluation for the re- development shall be based upon the net increase of the impact for the new or proposed land use as compared to the most recent land use existing prior to demolition, provided that such credit is § 9-514 utilized within six (6) months of the date of the issuance of the demolition permit. Such credits are non-transferrable. (Ord. No. 2001-39, § 1, 940-01) Secs. 9-506-9-509. Reserved. STANDARDS (LOS) Sec. 9-510. Introduction. The levels of service set forth in this Division 2 are intended to be the minimum levels of service which are acceptable under the city's growth management policies for: (1) potable water; (2) solid waste; (3) wastewaters (4) parks and recre- ation, (5) storm water; and (6) transportation. The city shall monitor compliance with the minimum levels of service set forth in this division by ensuring that public facilities and services needed to support development are available concurrent with the impacts of development, as required by law. (Ord. No. 2001-54, § 3, 12-lMl) Sec. 9-511. Potable water LOS (Reserved). Sec. 9-512. Solid waste LOS (Reserved). Sec. 9-513. Wastewater LOS (Reserved). Sec. 9-514. Parks and recreation LOS. A parks and recreation concurrency evaluation shall be required for any residential development on a citywide and per development basis. Citywide minimum levels of service for parklands shall be determine on a two level basis for community parks and neighborhood parks. In addition to the citywide minimum levels of service, new residen- tial development shall supplement the system of neighborhood parks and recreation services by providing parklands (or fees in lieu of) consistent with the level of service criteria and requirements established for parks and recreation under the city's comprehensive plan and this section. (1) The parks and recreation level of service standards for community parks shall be monitored by the city through concur- Supp. No. 10 641 WINTER SPRINGS CODE rency evaluations to ensure that the min- imum level of service standard for citywide community parks remains at or above one and six -tenths (1.6) acres per one thou- sand (1,000) population. In performing the concurrency evaluation for commu- nity parks for a proposed residential de- velopment, the development review com- mittee shall determine the number of acres of community parkland which would be necessary to serve the number of citywide dwelling units existing or ap- proved prior to the development plus the number of proposed new dwelling units. If the development satisfies the level of ser- vice standards for community parkland, then the development shall be deemed rnnntirrnn,t fnr rnmmuni TT Parlro "nrl u certificate shall be issued consistent with section 9-533 of this article. If a residen- tial development causes or continues to cause the level of service for community parks to be not concurrent, the developer shall pay the city a fair share community parks and recreation impact fee, as estab- lished by the city commission by resolu- tion. All such fees collected shall be allo- cated and appropriated to the city's recreation budget to be expended to en- hance the city's community parks system with priority given to expend such funds to acquire parkland. (2) The parks and recreation level of service standards for neighborhood parks shall be based on the application of the level of service standards established for each res- idential development by particular region of the city as follows: Northwest Region— 5.9 acres per 1,000 population South -Central Region-5.3 acres per 1,000 population Southeast Region-6.9 acres per 1,000 pop- ulation In performing the concurrency evaluation for neighborhood parks and recreation for a proposed residential development, the development review committee shall de- Supp. No. 10 642 termine the number of acres of parkland which would be necessary to serve the number of dwelling units on -site (mini- mum one-half (.5) acre). If such amount of parkland can be provided while meeting the level of service standards set forth in this section, then the development shall be deemed concurrent for parks and rec- reation. If such amount of parkland can not be provided while meeting the level of service standards set forth in this section, then the development shall be deemed not concurrent for parks and recreation and a certificate shall not be issued. However, if a development can not provide the re- quired on -site parkland, the development review committee shall permit the devel- oper to satisfy the parks and recreation standard by providing a combination of on -site and off -site parkland and a fair share neighborhood parks and recreation impact fee as established by the city com- mission by resolution. In such cases, the development review committee shall re- quire on -site parkland to the maximum extent feasible and practicable, off -site parkland shall be located in the same gi reon as the proposed development, and said impact fee shall only be paid if on and off site parkland can not be provided as required herein. Any and all such fees collected shall be allocated and appropri- ated to the city's recreation budget to be expended for public recreational purposes and priority shall be given to expend such funds to acquire parkland. At such time the development satisfies the level of ser- vice for parks and recreation, a certificate shall be issued consistent with section 9-533 of this article, with the condition that the necessary parkland and recre- ational services (including any impact fees) shall be in place or paid when the impacts of the development occur or shall be guar- anteed to be in place through an enforce- able development order or agreement not more than one (1) year after the issuance of a certificate of occupancy or its func- tional equivalent. LAND DEVELOPMENT (3) For purposes of determining levels of ser- vice for parks and recreation facilities within the city under this section, the term "parkland" shall mean a public or private use of land that is dedicated or exclusively set aside as a neighborhood or community recreational area including, but not limited to, a playground, playing field, swimming pool, tennis court, fishing hole or pier, nature trail, landscaped city square or green for the pursuit of leisure activities, stadium, conservation area suit- able for passive recreation, water sport area, or other similar type areas suitable for bona fide recreational activities. A storm water retention pond shall not be considered parkland unless the retention pond includes uplands suitable for bona fide recreational activities or incorporated by design into a bona fide recreational area (e.g., a place to install a water foun- tain and littoral plantings in a park like setting). If a storm water retention pond is used for parkland purposes, the pond shall include abutting uplands for park purposes at least equal to the size of the pond and the pond shall not be fenced and shall be designed in a safe manner to protect the public (e.g., gradual pond slopes). All parkland required by this ar- ticle shall be a minimum of one-half (.5) acre and have a minimum width and length of one hundred twenty-five (125) feet unless a lesser width or length is approved by the city commission by vari- ance. When considering a variance, the city commission shall consider whether the requested size and dimensions of the park will provide a functional recre- ational area in light of the recreational amenities proposed, the recreational de- mands of the residential community that the recreational area is intended to serve, and the compatibility of the recreational area with the surrounding neighborhood. (4) For purposes of complying with the concur- rency requirements of this section, prop- erties zoned Town Center on June 1, 2000 shall satisfy concurrency by providing the § 9-532 parkland required by the Town Center Zoning Code and applicable development agreements. (Ord. No. 2001-39, § 1, 940-01) Sec. 9-515. Storm water LOS (Reserved). Sec. 9-516. Transportation LOS (Reserved). Secs. 9-517-9-529. Reserved. DIVISION 3. CONCURRENCY ADMINISTRATION Sec. 9-530. Development review committee. The development review committee shall re- view each completed application for a concur- rency certificate or preliminary review and deter- mine, as soon as practicable, whether the application is sufficient. (Ord. No. 2001-39, § 1, 9-10-01) Sec. 9-531. concurrency review N Sec. 9-532. Conditional approvals. (a) If the development review committee deter- mines that the application can be approved with conditions, the development review committee shall recommend to the city commission a written concurrency agreement. The applicant may ac- cept the conditional approval by written concur- rency agreement approved by the city commis- sion, or the applicant may consider the application denied, in which case the applicant may appeal the denial to the city commission. When the development review committee recommends and the city commission approves any conditional Supp. No. 10 643 WINTER SPRINGS CODE concurrency agreement, the city commission, with the recommendation of the development review committee, may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this article, including any of the following: (1) Limit the manner in which the use is conducted, including restricting density and intensity of the use. (2) Limit the height, size, location, density or intensity of a building or other structure. (3) Require phasing of the project. (4) Designate the size, number, location or nature of vehicle access points. (9l Tncraaga the amnnnt, of Street �lPrAi�atinn roadway width, or require construction of road improvements within the street right- of-way. (�) t-0t8�:t1Y2b 811�;. L1Y1� LL'f: E::i, Vi�i;Lu'L�OYl, Wa- ter resources, wildlife habitat or other significant natural resources. (7) Specify other conditions to permit devel- opment in the city in conformity with the intent and purpose of this article and the adopted city growth management poli- cies. (b) All conditional approvals shall be incorpo- rated in a written development agreement which shall be subject to city commission approval. (Ord. No. 2001-39, § 11 9-10-01) Sec. 9-533. concurrency certificate. (a) A concurrency certificate is a "snap shot" of available capacity for each public facility, evalu- ated under this article, at the time the certificate is issued. The concurrency certificate does not guarantee capacity in the future or encumber or vest capacity for any period of time. At a mini- mum, the concurrency certificate shall contain: (1) Name, address, and telephone number of the applicant and property owner. (2) Parcel I.D. number and legal description. (3) Date of issuance. Supp. No. l0 644 (4) Proposed uses) by land use category, square feet, and number of units. (5) Phasing information by proposed uses, square feet, and number of units, if appli- cable. (6) Total current available capacity within service area(s). (7) Project impact based on LOS standards. (b) A concurrency certificate shall expire one (1) year after issuance unless the applicant com- mences construction of the development under a validly issued building permit. A one (1) year extension may be granted by the development review committee provided circumstances have not adversely diminished the capacity of public u facilities and services to spport the development. The development shall be subject to a new concur- rency evaluation. (Ord. No. 2001-39, § 1, 940-01) Secs. 5-534-5-533. Itt,eserved. DIVISION 4. APPEAL PROCEDURES Sec. 9-540. Notice of appeal. The applicant may appeal the denial of a cer- tificate of concurrency by the development review committee by filing with the city manager a written notice of appeal within fifteen (15) days after the date of the concurrency denial. (Ord. No. 2001-39, § 1, 9-10-01) Sec. 9-541. Appeal notice and hearing. Upon receipt of a written notice of appeal, the city manager shall schedule the matter for con- sideration by the city commission within thirty (30) days after the appeal is filed. The city clerk shall notify the applicant of the day of the city commission hearing at least ten (10) days in advance of the hearing. Prior to the hearing, the city manager shall provide the city commission with all information submitted to the develop- ment review regarding the subject concurrency application on appeal. The final decision on the co ncurrency application shall be vested in the city commission. The city commission shall have the right to deny, approve, or approve with conditions LAND DEVELOPMENT § 9-548 any concurrency application considered under ap- exempted from concurrency as provided in the peal in conformity with the intent and purpose of City Code, Comprehensive Plan or any other this article. applicable law. (Ord. No. 2001-39, § 1, 940-01) (Ord. No. 2006-20, § % 11-27-06) Sec. 9-542. Appeal of city commission. A final decision of the city commission on a concurrency application shall be subject to judi- cial review as provided by law. (Ord. No. 2001-39, § 1, 940-01) Sec. 9-548. General requirements. (a) An applicant may choose to satisfy the transportation concurrency requirements of the city by making a proportionate fair -share contri- bution, pursuant to the following requirements: (1) The proposed development is consistent Secs. 9-543-9-545. Reserved. with the comprehensive plan and applica- ble land development regulations. DIVISION 5. TRANSPORTATION FACILITY (2) The city five-year Capital Improvement PROPORTIONATE FAIR -SHARE MITIGATION Program (CIP) includes transportation im- PROGRAM* provement(s) that, upon completion, will accommodate additional traffic generated Sec. 9-546. Purpose and intent. by the proposed development, as deter- mined by the city. The purpose of this division is to establish a method whereby the impacts of development on (b) The city may choose to allow an applicant transportation facilities can be mitigated by the to satisfy transportation concurrency through the cooperative efforts of the public and private sec- proportionate fair -share program by contributing tors, to be known as "the Proportionate Fair- to an improvement that, upon completion, will Share Program as required by and in the manner satisfy the requirements of the city transporta- consistent with section 163.3180(16), Florida Stat- tion CMS, but is not contained in the CIP, where utes. one of the following apply. (Ord. No. 2006-20, § 2, 11-27-06) (1) The city adopts, by resolution or ordi- nance, a commitment to add the improve - Sec. 9-547. Applicability. ment to the five-year CIP no later than The proportionate fair -share program shall ap- the next regularly scheduled update. To ply to all developments in the city that have been qualify for consideration under this sec - notified of a lack of capacity to satisfy transpor- tion, the proposed improvement must be tation concurrency on a transportation facility in reviewed by the city and determined to be the city's concurrency management system financially feasible pursuant to section ("CMS"), including transportation facilities main- 163.3180(16)(b)l, Florida Statutes, consis- tained by FDOT or another jurisdiction that are tent with the comprehensive plan, and in compliance with the provisions of this relied upon for concurrency determinations, pur- division. Financial feasibility for this sec- suant to the requirements of section 9-548. The tion means that additional contributions, proportionate fair -share program does not apply to developments of regional impact (DRIs) using Payments or funding sources are reason - ably anticipated during a period not to proportionate fair -share under section 163.3180(12), exceed ten (10) years to fully mitigate Florida Statutes, or to developments that may be impacts on the transportation facilities. *Editor's note —Ord. No. 2006-20, § 2, adopted Nov. 27, (2) If the funds allocated for the five-year CIP 2006, added provisions to the Code designated as §§ M61— M70. In order to avoid conflicts in section numbering the are insufficient to fully fund construction editor has redesignated the provisions of said ordinance as of a transportation improvement required herein set out. by the CMS, the city may still enter into a Supp. No. 10 644.1 § 9-548 WINTER SPRINGS CODE binding proportionate fair -share agree- ment with the applicant authorizing con- struction of that amount of development on which the proportionate fair -share is calculated if the proportionate fair -share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the trans- portation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair -share compo- nent must be adopted into the five-year CIP at the next annual update. (3) Any improvement project proposed to meet the developer's fair -share obligation must meet design standards of the city for lo- cally maintained roadways and those of the MOT for the state highway system. (Ord. No. 2006-20, § 2, 11-2M6) Sec. 9-549. Intergovernmental coordination. Pursuant to policies in the Intergovernmental Coordination Element of the city's comprehensive plan and applicable policies of other agencies, municipalities, and counties, the city shall coor- dinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair - share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose. (Ord. No. 2006-20, § 2, 11-2M6) Sec. 9-550. Application process. (a) Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the proportionate fair -share program pursuant to the requirements of section M48. (b) Prior to submitting an application for a proportionate fair -share agreement, apre-appli- cation meeting shall be held to discuss eligibility, application submittal requirements, potential mit- igation options, and related issues. If the im- Supp. No. 10 644.2 pacted facility is on the strategic intermodal sys- tem, then the FDOT will be notified and invited to participate in the pre -application meeting. (c) Eligible applicants shall submit an applica- tion to the city that includes an application fee as established by resolution of the city commission and which includes the following: (1) Name, address and phone number of prop- erty owner(s), developer and agent; (2) Property location, including parcel identi- fication numbers; (3) Legal description and survey of property; (4) Project description, including type, inten- sity and amount of development; (5) Phasing schedule, if applicable; (6) Description of requested proportionate fair - share mitigation method(s); and (7) Copy of concurrency application. (d) The city shall review the application and certify that the application is sufficient and com- plete within ten (10) business days. If an applica- tion is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair -share program as indicated in section M48 then the applicant will be notified in writing of the reasons for such deficiencies within ten (10) business days of submittal of the application. If such deficiencies are not remedied by the applicant within thirty (30) days of receipt of the written notification, then the application will be deemed abandoned. The city commission may, in its discretion, grant an extension of time not to exceed sixty (60) days to cure such deficien- cies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure. (e) Pursuant to section 163.3180(16)(e), Flor- ida Statutes, proposed proportionate fair -share mitigation for development impacts to facilities on the Strategic Intermodal System requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair -share agreement. LAND DEVELOPMENT (f) When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair -share obligation and binding agreement will be prepared by the city or the applicant with direction from the city and delivered to the appro- priate parties for review, including a copy to the MOT for any proposed proportionate fair -share mitigation on a strategic intermodal system facil- ity, no later than sixty (60) days from the date at which the applicant received the notification of a sufficient application and no fewer than fourteen (14) days prior to the city commission meeting when the agreement will be considered. (g) The city shall notify the applicant regard- ing the date of the commission meeting when the agreement will be considered for final approval. No proportionate fair -share agreement will be effective until approved by the city commission. (Ord. No. 2006-20, § 2, 11-2M6) Sec. 9-551. Determining proportionate fair - share obligation. (a) Proportionate fair -share mitigation for concurrency impacts may include, without limita- tion, separately or collectively, private funds, con- tributions of land and/or construction and contri- bution of facilities. (b) A development shall not be required to pay more than its proportionate fair -share. The fair market value of the proportionate fair -share mit- igation for the impacted facilities shall not differ regardless of the method of mitigation. (c) The methodology used to calculate an applicant's proportionate fair -share obligation shall be, as provided for in section 163.3180(12), Flor- ida Statutes, as follows: The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways re- sulting from construction of an improvement nec- essary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to main- tain the adopted LOS, or Proportionate Fair -Share = E[(Development Trips;) / (SV Increase;)) x Costi Where: § 9-551 Development Tripsi =Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the CMS: SV Increase =Service volume increase pro- vided by the eligible improvement to roadway segment Wit per section E: Cost =Adjusted cost of the improvement to segment "i". Cost shall include all improve- ments and associated costs, such as design, right-of-way acquisition, planning, engineer- ing, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred. (d) For the purposes of determining proportion- ate fair -share obligations, the city shall determine improvement costs based upon the projected fu- ture cost of the improvement as obtained from the Capital Improvements Program, the MPO/TIP or the FDOT Work Program. Where such informa- tion is not available, improvement cost shall be determined using one of the following methods: (1) An analysis by the city of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the city commission. In order to accommodate increases in con- struction material costs, project costs shall be adjusted to address inflation; or (2) The most recent issue of FDOT Transpor- tation Costs, as adjusted based upon the type of cross-section (urban or rural); lo- cally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improve- ments not included in the adopted FDOT Work Program shall be determined using this method in coordination with the FDOT District. (e) If the city has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section. Supp. No. 10 044.3 % 9-551 WINTER SPRINGS CODE (f) If the city has accepted right -of --way dedica- tion for all or a portion of the proportionate fair -share payment, credit for the dedication of the non -site related right -of --way shall be valued by fair market value established by an indepen- dent appraisal approved by the city and at no expense to the city. The applicant shall supply a signed and sealed survey and legal description of the land and a certificate of title or title search of the land to the city at no expense to the city. If the estimated value of the right-of-way dedication proposed by the applicant is less than the city estimated total proportionate fair -share obliga- tion for that development, then the applicant must also payor provide mitigation of the differ- ence. (Ord. M. 2006-20, § 2, 11-27-06) Sec. 9-552. Impact fee credit for proportion- ate fair -share mitigation. (a) Proportionate fair -share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair -share mitigation is used to address the same capital infrastructure improvements contem- plated by the city's impact fee regulations as set forth in Article VIII of Chapter 9 of the City Code ("impact fee regulations"). (b) Impact fee credits for the proportionate fair -share contribution will be determined when the transportation impact fee obligation is calcu- lated for the proposed development. Impact fees owed by the applicant will be reduced per the proportionate fair -share agreement as they be- come due per the city's impact fee regulations. If the applicant's proportionate fair -share obliga- tion is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the city pursuant to the requirements of the impact fee regulations. (c) Major projects not included within the im- pact fee regulations or created under section 9-563(1))(1) and (2) which can demonstrate a sig- nificant benefit to the impacted transportation system may be eligible at the city's discretion for impact fee credits. (d) The proportionate fair -share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. As a result, any road impact fee credit based upon proportionate fair -share contributions for a pro- posed development cannot be transferred to any other location. (Ord. No. 2006-20, § 2, 11-27-06) Sec. 9-553. Proportionate fair -share agree- ments. (a) Upon execution of a proportionate fair - share agreement (agreement) the applicant shall receive a city certificate of concurrency approval. Should the applicant fail to apply for a develop- ment permit within twelve (12) months then the agreement shall. be considered. null and void, and the applicant shall be required to reapply. (b) Payment of the proportionate fair -share contribution is due in full prior to issuance of the flasal development Order or iocordirig of the final at and shall be non-refundable. If the payment is submitted more than twelve (12) months from the date of execution of the agreement, then the proportionate fair -share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improve- ment at the time of payment, pursuant to section 9-551 and adjusted accordingly. (c) All developer improvements authorized un- der this article must be completed prior to issu- ance of a development permit, or as otherwise established in a binding agreement that is accom- panied by a security instrument that is sufficient to ensure the completion of all required improve- ments. It is the intent of this section that any required improvements be completed before issu- ance of building permits or certificates of occu- panty. (d) Dedication of necessary right -of --way for facility improvements pursuant to a proportion- ate fair -share agreement must be completed prior to issuance of the final development order or recording of the final plat. (e) Any requested change to a development project subsequent to a development order maybe subject to additional proportionate fair -share con- Supp. No. l0 644.4 LAND DEVELOPMENT tributions to the extent the change would gener- ate additional traffic that would require mitiga- tion. (f) Applicants may submit a letter to withdraw from the proportionate fair -share agreement at any time prior to the execution of the agreement. The application fee and any associated advertis- ing costs to the city will be non-refundable. (g) The city may enter into proportionate fair - share agreements for selected corridor improve- ments to facilitate collaboration among multiple applicants on improvements to a shared transpor- tation facility. (Ord. No. 2006-20, § 2, 11-27-06) Sec. 9-554. Appropriation of fair -share rev- enues. (a) Proportionate fair -share revenues shall be placed in the appropriate project account for fund- ing of scheduled improvements in the city's CIP, or as otherwise established in the terms of the proportionate fair -share agreement. At the discre- tion of the city commission, proportionate fair - share revenues may be used for operational im- provements prior to construction of the capacity project from which the proportionate fair -share revenues were derived. Proportionate fair -share revenues may also be used as the fifty (50) per- cent local match for funding under the FDOT TRIP. (b) In the event a scheduled facility improve- ment is removed from the CIP, then the revenues collected for its construction may be applied to- ward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of section 9-563(b)(2). Where an impacted regional facility has been designated as a regionally significant transporta- tion facility in an adopted regional transportation plan as provided in section 339.155, Florida Stat- utes, then the city may coordinate with other impacted jurisdictions and agencies to apply pro- portionate fair -share contributions and public con- tributions to seek funding for improving the im- pacted regional facility under the FDOT TRIP. Such coordination shall be ratified by the city § 9-555 commission through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose. (c) Where an applicant constructs a transpor- tation facility that exceeds the applicant's propor- tionate fair -share obligation calculated under sec- tion 9-566, the city shall reimburse the applicant for the excess contribution using one or more of the following methods: (1) An impact fee credit account may be es- tablished for the applicant in the amount of the excess contribution, a portion or all of which may be assigned and reassigned under the terms and conditions accept- able to the city. (2) An account may be established for the applicant for the purpose of reimbursing the applicant for the excess contribution with proportionate fair -share payments from future applicants on the facility. (3) The city may compensate the applicant for the excess contribution through pay- ment or some combination of means ac- ceptable to the city and the applicant. (Ord. No. 2006-20, § 2, 11-27-06) Sec. 9-555. Cross jurisdictional impacts. (a) In the interest of intergovernmental coor- dination and to reflect the shared responsibilities for managing development and concurrency, the city may enter an agreement with one or more adjacent local governments to address cross juris- dictional impacts of development on regional trans- portation facilities. The agreement shall provide for application of the methodology in this section to address the cross jurisdictional transportation impacts of development. (b) A development application submitted to the city subject to a transportation concurrency determination meeting all of the following criteria shall be subject to this section: (1) All or part of the proposed development is located within one (1) mile of the area which is under the jurisdiction, for trans- portation concurrency, of an adjacent local government; and Supp. No. 10 044.5 WINTER SPRINGS CODE (2) Using its own concurrency analysis proce- dures, the city concludes that the addi- tional traffic from the proposed develop- ment would use five (5) percent or more of the adopted peak hour LOS maximum service volume of a regional transporta- tion facility within the concurrency juris- diction of the adjacent local government ("impacted regional facility"), and (3) The impacted regional facility is projected to be operating below the level of service standard. adopted by the adjacent local government, when the traffic from the proposed development is included. (c) Upon identification of an impacted regional facility pursuant to subsection (b)(1)—(3) of this is il. .. 1 11 .•P .1 10 i 1 it aecUiuii, title wuy 5tlail uuLuy the appucaut, anu brie affected adjacent local government in writing of the opportunity to derive an additional propon tionate fair -share contribution, based on the pro- jected imps.cts of the proposed development on the impacted adjacent facility. (1) The adjacent local government shall have up to ninety (90) days in which to notify the city of a proposed specific proportion- ate fair -share obligation, and the in- tended use of the funds when received. The adjacent local government must pro- vide reasonable justification that both the amount of the payment and its intended use comply with the requirements of sec- tion 163.3180(16), Florida Statutes. Should the adjacent local government decline pro- portionate fair -share mitigation under this section, then the provisions of this section would not apply and the applicant would be subject only to the proportionate fair share requirements of the city. (2) If the subject application is subsequently approved by the city, the approval shall include a condition that the applicant provides, prior to the issuance of any building permit covered by that applica- tion, evidence that the proportionate fair - share obligation to the adjacent local gov- ernment has been satisfied. The city may require the adjacent local government to declare, in a resolution, ordinance, or equiv- Supp. No. 10 644.6 alent document, its intent for the use of the concurrency funds to be paid by the applicant. (Ord. No. 2006-20, § 2, 11-27-06) Secs. 9-556-9-560. Reserved. ARTICLE XI. NONCONFORMITIES Sec. 9-561. Intent; rules of interpretation; building and fire codes; defini- tions. (a) Intent. This article is intended to permit the continuation of those lots, structures, uses, characteristics of use, or combinations thereof, which were lawful before the passage of the City ude or which au one mine had been iawfuiiy permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or future amend- ments thereto. This article is des3Jned to provide standards and guidelines for the control and management of nonconforming uses and non- complying buildings and structures, especially in regulating changes in the use of land or in the buildings or structures, including quality, volume or intensity, location, ownership or tenancy, acce- LAND DEVELOPMENT WWWJU 1 .. RIAM41 Sec. 9-600. Statement of findings and pur- pose. (a) The City of Winter Springs has evolved into a unique family -oriented community with extraor- dinary cultural character and beauty. Indicative of Winter Springs' uniqueness is its reputation as primarily a residential community with beautiful mature trees, award -winning parks, scenic lakefront vistas, and innovative development projects such as the Tuscawilla PUD, Village Walk, Cross -Seminole Trail, and the Towne Cen- ter —within close proximity to several internation- ally -renowned tourist destinations including Walt Disney World, Universal Studios, Kennedy Space Center and several major cruise ship terminals. (b) In recognition of Winter Springs' unique- ness, the city commission has determined that a deliberate and conscientious effort must be made by community leaders, in partnership with archi- tects, planners, realtors, builders, and the citi- zenry of Winter Springs, to protect the general welfare of the community by preserving and im- proving Winter Springs' aesthetic appearance, beauty, and character —so as to ultimately en- hance the quality of life and civic pride of all people who reside, work, vacation, or spend time in Winter Springs. (c) The facilitator of this effort shall be the city commission, whose primary purpose shall be to encourage creative, effective, and flexible archi- tectural standards and cohesive community de- velopment consistent with the intent and purpose of this article. (d) The cultural character and beauty of Win- ter Springs involves, among other things, the aesthetic quality of all one sees in moving about the entire community. Consequently, the ultimate designers and developers of buildings and struc- tures must be informed of the larger context in which their particular works will be viewed within the community. The task of the city commission shall be to provide a mechanism by which pro- posed new development and modifications or re- habilitations of buildings and structures can be § 9-601 reviewed and approved, in a uniform manner, so as to be in harmony with the comprehensive architecturally related policies, objectives and stan- dards adopted by Winter Springs for the overall betterment of the community. (e) It is recognized by the Florida Supreme Court that zoning solely for aesthetic purposes is not outside the scope of the police power of mu- nicipal governments —like Winter Springs. It has also been judicially recognized in Florida (and in other jurisdictions) that the promotion of aes- thetic beauty also protects property values, tour- ism, and other economic interests which Winter Springs deems vital to the community. (f) Zoning is the single most powerful legal enforcement of an overall urban concept, but alone it does not create beauty, aesthetic order, or amenity. The task of the city commission shall be to preserve various elements of urban beauty and require that new and redevelopment projects be- ing developed enhance existing development and the landscape of the community. (g) The essential foundation of beauty in com- munities is harmony. The plan for achieving beauty must grow out of special local characteristics of site, development and redevelopment potential. Some local areas of natural beauty are Lake Jessup, city parks, Cross -Seminole Trail, and conservation areas designated in the city's com- prehensive plan. The vistas and visual delight of these should only be enhanced. (h) It is the intent and purpose of this article to apply to all new commercial, industrial, institu- tional, multi -family, and residential subdivision development projects and major alterations thereto. It is not intended to apply to individual single- family residences, except as specified in section 9-607. (Ord. No. 200343, § 2, 1-26-04; Ord. No. 2007-21, § 2, 7-9-07) Sec. 9-601. Approval prerequisite for per- mits. (a) Except as provided in subparagraph (b) of this section, all new building elevations and ac- cessory structures, and proposed permanent signs for buildings or structures, or major alterations Supp. No. 10 649 WINTER SPRINGS CODE thereto, shall be approved by the city commission before a permit is issued for any such building, structure, or sign, which has an exterior visual impact or effect on the community. (b) Notwithstanding paragraph (a) of this sec- tion, if the city manager determines that a build- ing permit application is minor or insignificant, the city manager may grant the permit without submitting the application to the city commission for approval, providing the permit is consistent with the intent and purpose of this article. For purposes of this paragraph, the phrase "minor or insignificant" shall mean a small scale renovation or modification project affecting a small site and having a nominal exterior visual impact and effect on the community. Any party or person adversely affected by a decision made by the city manager may appeal said decision to the city commission. (Ord. No. 200343, § 2, 1-26-04) Sec. 9-602. Minimum standards; compliance with other code provisions. The requirements of this article shall be con- sidered minimum standards. Further, they shall be deemed supplemental of, and in addition to, all other applicable codes adopted by the city includ- ing, but not limited to, the Land Development Regulations, and all fire and building regulations. (Ord. No. 200343, § 2, 1-26-04) Sec. 9-603. Procedure. (a) Submission of application. As part of the site plan or subdivision review process, or upon separate application created by the city manager, all applicants for development approval subject to the provisions of this article shall submit to the city manager or his designee the application and documents prescribed in section M05. (b) Scheduling and notice of hearing. Upon receipt of the required documents, the city man- ager shall forthwith schedule a hearing on the application before the city commission. Said hear- ing shall run concurrently with the site plan or subdivision review process to the extent feasible and practicable. Public notice of the time and Supp. No. 10 650 place of the public meeting shall be posted at places within the city deemed reasonably appro- priate for providing such notice. (c) Conduct of hearing; approval or denial. At the designated public hearing, the city commis- sion shall hear the applicant on the proposed application, and shall hear from members of the general public in accordance with the rules and procedures adopted by the city commission. Dur- ing the public hearing, the applicant may be present in person or by counsel, and the applicant has the right to present evidence in support of the application and cross examine adverse witnesses whose testimony is offered at the hearing. The city commission may approve, approve with con- ditions, or disapprove the application only after consideration of whether the following criteria have been satisfied: (1) The plans and specifications of the pro- posed project indicate that the setting, landscaping, proportions, materials, col- ors, texture, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. (2) The plans for the proposed project are in harmony with any future development which has been formally approved by the city within the surrounding area. (3) The plans for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within five hundred (500) feet of the proposed site, with respect to one or more of the follow- ing features of exterior design and appear- ance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other significant features of design such as, but not limited to: materi- LAND DEVELOPMENT als, roof line, hardscape improve- ments, and height or design ele- ments. (4) The plans for the proposed project are in harmony with, or significantly enhance, the established character of other build- ings, structures or signs in the surround- ing area with respect to architectural spec- ifications and design features deemed significant based upon commonly ac- cepted architectural principles of the local community. (5) The proposed project is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Winter Springs, design criteria adopted by the city (e.g. Towne Center guidelines, SR 434 design specifications) and other applicable federal, state or local laws. (6) The proposed project has incorporated nificant architectural enhancements such as concrete masonry units with stucco, marble, termite -resistant wood, wrought iron, brick, columns and piers, porches, arches, fountains, planting areas, display windows, and other distinctive design de- tailing and promoting the character of the community. (Ord. No. 200343, § 2, 1-26-04) Sec. 9-604. Duration of approval. Approvals by the city commission under this article shall be valid for a maximum of eighteen (18) months from the date the city commission renders its approval at a public meeting. If the applicant fails to obtain a building permit within the eighteen (18) month period, the city commission's approval shall expire at the end of the period. However, once a building permit is issued, the approval shall be valid for a time period equal to the permit and shall expire only if the building permit expires. Reasonable exten- sions may be granted by the city commission upon good cause shown by the applicant, provided substantial changes have not occurred in the surrounding area that would make the prior approval inconsistent with the criteria set forth in section M03. (Ord. No. 200343, § 2, 1-26-04) Sec. 9-605. Application criteria. An applicant shall submit the following appli- cation information to the city manager or his designee for consideration by the city commission: (1) A site plan in accordance with other pro- visions of the city code. (2) Elevations illustrating all sides of struc- tures facing public streets or spaces. (3) Illustration of all walls, fences, and other accessory structures and the indication of their height and the materials of their construction. (4) Elevation of proposed exterior permanent signs, outdoor advertising or other con- structed elements other than habitable space, if any. (5) Illustration of materials, texture, and col- ors to be used on all bungs, accessory structures, exterior signs, and other con- structed elements. (6) Such other architectural and engineering data as may be requested to clarify the application. (Ord. No. 200343, § 29 1-26-04) Sec. 9-606. Building permits; enforcement. Unless otherwise provided by this article, no building permit shall be issued until the city commission has approved the proposed building's or structure's architectural specifications and de- sign features, pursuant to this article. Any final plans and specifications that differ substantially, in the opinion of the city manager, from the approved application by the city commission shall be resubmitted prior to the issuance of the build- ing permit. All approved specifications and design features shall become a binding condition of, and made a part of, the building permit(s) secured for the building or structure associated therewith. Supp. No. 10 651 WINTER SPRINGS CODE The building permit shall be enforced in a manner similar to all other building permits issued by the city. (Ord. No. 200343, § 2, 1-26-04) Sec. 9-607. Residential compatibility and harmony regulations. (a) It is the intent of this section to promote and protect existing residential developments by prohibiting additions, modifications and expan- sions of structures and buildings that are incom- patible and not in harmony with the subject property and the surrounding neighborhood. These regulations shall apply to existing residential land uses and residential principal and accessory buildings and structures located thereon or infill ragir1Pnt al r1PVPlnnmPnt nrnjP_rt� on varant. lnt, within established residential developments. (b) Before any building permit is issued for the addition, modification or expansion of any build- ing or structure oiz a residential lot, the city manager or designee shall consider and review the plans and specifications to determine whether or not the proposed addition, modification or expansion is compatible and in harmony with existing buildings and structures on the subject property and with the surrounding neighborhood. Compatibility and harmony shall be determined based on a review of the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast and simplicity of the proposed addition, modification or expansion. Noth- ing herein shall be construed to prohibit a pro- posed addition, modification or expansion that significantly enhances the established character of other buildings and structures on the subject property and within the surrounding neighbor- hood in accordance with the review criteria stated above and commonly accepted architectural prin- ciples of the local community. The city manager is authorized to retain the services of a technical advisor on an as -needed basis. (c) If the city manager or designee determines that the addition, modification or expansion is not compatible and in harmony, the building permit application shall be denied on that basis. The applicant shall have the right to appeal the denial to the city commission. Said appeal shall be filed with the city manager in writing within five (5) calendar days of denial along with a filing fee established by the city commission, Upon review of the appeal the city commission shall render a final decision on the issue of residential compat- lity and harmony. All decisions of the city commission shall be considered final and shall be subject to appeal to a court of competent jurisdic- tion pursuant to law. (d) These regulations are supplemental and in addition to all other applicable provisions of the City Code. To the extent that these regulations conflict with any other provision of the City Code, these regulations shall prevail and apply. (Ord. No. 2007-21, § 21 7-M7) Supp. Mn Jr) 652 The next page is 693] Chapter 10 Article I. In General Secs. 10-1-10-25. Reserved. Article II. Local Business Tag Receipts Sec, 10-26. Required. Sec. 10-27. Receipt year established. Sec. 10-28. Limitation on term; half -year receipts. Sec. 10-29. Local business tax receipts established. Sec. 10-30. Transfer of receipt. Sec. 10-31. Revocation. Sec. 10-32. Delinquency penalty established. Secs. 10-33-10-50. Reserved. Article III. Sexually Oriented Businesses and Adult Entertainment Establishments Sec. 10-51. Short title. Sec. 10-52. Purpose, findings and intentlincorporation of whereas clauses. Sec. 10-53. Construction. Sec. 10-54. Obscenity/indecent exposure unlawful. Sec. 10-55. Definitions. Sec. 10-56. Notice. Sec. 10-57. Penalties/remedies/relief. Sec. 10-58. License required. Sec. 10-59. Responsibilities of other offices and departments. Sec. 10-60. License application and application fee. Sec. 10-61. Contents of application. Sec. 10-62. Continuing duty/false or misleading information. Sec. 10-63. Consent. Sec. 10-64. Investigation of applicant. Sec. 10-65. Issuance or denial of license. Sec. 10-66. Reasons for denial of application of license. Sec. 10-67. Reapplication after denial. Sec. 10-68. Annual license fee. Sec. 10-69. Contents of license, term of license, renewals, expiration, lapse, nonconforming establishments. Sec. 1040. Records and reports. Sec. 10-71. Transfer of license. Sec. 10-72. Establishment name change. Sec. 1043. Suspension and revocation of license. Sec. 10-74. Suspension and revocation proceedings. Sec. 10-75, Worker records. Sec. 10-76. General requirements for all adult entertainment establishments and sexually oriented businesses. Sec. 10-77. Sexually oriented businesses. Sec. 1048. Adult theater provisions. *Cross references -Administration, Ch. 2; code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; finance, § 2-136 et seq.; buildings and building regulations, Ch. 6; fire prevention and protection, Ch. 7; fire and security alarms, § 13-51 et seq.; signs and advertising, Ch. 16; taxation, Ch. 18; zoning, Ch. 20. State law references -Local occupational license tax, F.S. ch. 205; regulatory license fees, F.S. § 166.221. Supp. No. 10 693 WINTER SPRINGS CODE Sec. 10-79. Adult performance establishment provisions. Sec. 10-80. Commercial bodily contact establishments provisions. Sec. 10-81. Escort service. Sec. 10-82. Engaging in prohibited activity -Customers. Sec. 10-83. Engaging in prohibited activity-Workers/operators. Sec. 10-84. Operation without license. Sec. 10-85. Operation contrary to operational requirements. Sec. 10-86. Use of restrooms or dressing rooms. Sec. 10-87. Minors -Unlawful provisions. Sec. 10-88. Records -Unlawful provisions. Sec. 10-89. Hours of operation -Unlawful provisions. Sec. 10-90. Special prohibitions relating to escorts and escort services - Unlawful provisions. Sec. 10-91. Special prohibited acts; commercial bodily contact; unlawful provisions. Sec. 10-92. Commercial bodily contact establishments -Prohibited; savings provision. Sec. 10-93. Local business tax receipts/home occupations. Sec. 10-94. Sexual encounter businesses prohibited/prohibited acts -Unlaw- ful provisions. Sec. 10-95. Immunity from prosecution. Secs. 10-96-10-99, Reserved, Sec. 10-100. Zoning, Sec. 10-101. Prohibited locations for adult entertainment establishments; sexually oriented businesses. Sec. 10-102. Measurement of distance. .°ecs. 10-103-_10-110. Reserved, Article IV. Amusements Sec. 10-111. Dance halls; permit required; conduct in dance halls. Secs. 10-112-10-114. Reserved. Sec. 10-115. Slot machines and devices. Secs. 10416-10-135. Reserved, Article V. Peddlers and Solicitors and Miscellaneous Sales Sec. 10-136. Transient or nerant solicitors; permit required; prerequisite to issuance. Sec. 10-137. At-home sales. Secs. 10-138-10450. Reserved. Article VI. Secondhand Precious Metals Sec. 10-151. Definitions. Sec. 10-152. Register of transactions. Sec. 10-153. Waiting period prior to disposal of certain property. Sec. 10454. Storage of articles during waiting period. Sec. 10-155. Dealing with persons under age eighteen years prohibited. Supp. No. 10 694 LICENSES AND BUSINESS REGULATIONS ARTICLE I. IN GENERAL Secs. 10-1-10-25. Reserved. ARTICLE II. LOCAL BUSINESS TAX RECEIPTS* Sec. 10-26. Required. It shall be unlawful for any person to engage in any business coming within the scope of this article without first obtaining a local business tax receipt therefor and paying the prescribed fee or tax. (Code 1974, § 8-20; Ord. No. 2006-23, § 3, 1241- 06) Sec. 10-27. Receipt year established. The receipt year for local business tax receipts required by this article shall begin on the first day of October of each year and end on the last day of September of each year, on which latter day all receipts shall expire. (Code 1974, § 8-21; Ord. No. 2006-23, § 2, 1241- 06) Sec. 10-28. Limitation on term; half -year re- ceipts. No local business tax receipt required by this article shall be issued for more than one (1) year or for less than one (1) year prior to the first day of April of each year, after which date a receipt for six (6) months may be issued on payment of one-half of the amount of the annual receipt fee. (Code 1974, § 8-22; Ord. No. 2006-23, § 2, 12-11- 06) Sec. 10-29. Local business tax receipts estab- lished. Local business taxes for business, professionals and occupations shall be established by resolution of the city commission and are on file in the building department office. (Code 1974, § 8-23; Ord. No. 674, § I, 8-25-97; Ord. No. 2006-23, § 2, 1241-06) State law reference —Due date when date falls on a Saturday, Sunday or holiday, F.S. § 205.053(1). *Cross reference —Taxation, Ch. 18. State law reference —Local occupational license taxes, F.S. ch. 205. Sec. 10-30. Transfer of receipt. § 10-32 All local business tax receipts required by this article shall be transferable with the approval of the building department with the business for which the same were issued when there is a bona fide sale or transfer of the property used and employed in the business as stock in trade. The original receipt must be surrendered to and filed with the building department and a fee of three dollars ($3.00) paid at the time of the application for such transfer and such transfer, when ap- proved, shall be of the same force and effect as the original receipt. (Code 1974, § 8-24; Ord. No. 2006-23, § 2, 12-11- 06) State law reference —Transfer of licenses, F.S. § 205.043(c). Sec. 10-31. Revocation. Any local business tax receipt issued under the provisions of this article may be revoked upon five (5) days' notice by the building department after an opportunity to be heard has been provided to the receipt holder when a business other than that designated in the receipt is conducted or operated, or where any business is conducted in violation of this article or any other ordinance of the city or law of the state. (Code 1974, § 8-25; Ord. No. 2006-23, § 2, 12-11- 06) Sec. 10-32. Delinquency penalty established. (a) Those annual receipts not renewed by Oc- tober 1 shall be considered delinquent and subject to a delinquency penalty as follows: 1) After October 1-10% of receipt fee. ( (2) After November 1-1590 of receipt fee. (3) After December 1-20% of receipt fee. (4) After January 1-25% of receipt fee. (5) After February 1—closing of business in addition to any other penalty prescribed by ordinance. (b) Any person engaging in or managing any business, occupation, or profession without first obtaining the local business tax receipt provided for herein shall be subject to a penalty of twenty- Supp. No. 10 695 § 10-32 WINTER SPRINGS CODE five (25) percent of the receipt determined to be due in addition to any other penalty provided by law or ordinance. (c) No local business tax receipt required un- der this article shall be issued to any person who has acquired a business from someone owing a receipt fee hereunder for the business until the delinquent receipt fees are paid, provided how- ever, that part or all of the increase may be rebated by action of the city commission. (Ord. No. 431, § 1, 9-26-88; Ord. No. 2006-23, § 2, 1241-06) State law reference —Delinquency penalty authorized, F.S. § 205.053. Secs. 10-33-10-50. Reserved. ARTICLE III. SEXUALLY ORIENTED BUSINESSES AND ADULT ENTERTAINMENT ESTABLISHMENTS* Sec. 10-51. Short title. This article shall be known and may be cited as the "City of Winter Springs Sexually Oriented Business and Adult Entertainment Establish- ment Ordinance. (Ord. No. 200341, §§ 2, 3, 2-9-04) Sec. 10-Mill . Purpose, findings and intent/ incorporation of whereas clauses. (a) Purpose. It is the purpose of this article to regulate sexually oriented businesses and adult entertainment establishments in order to pro- mote and protect the public health, safety, good order, and general welfare of the citizens of the city, to establish reasonable and uniform regula- tions of adult entertainment establishments and sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing an unreasonable limitation or unreasonable restriction on the content of any lawful communicative materials including sexu- ally oriented materials. Similarly, it is not the *Editor's note —Ord. No. 200341, §§ 2, 3, adopted Feb. 8, 2004, amended former Art. III, §§ 10-51-10-72, in its entirety to read as herein set out. Former Art. III pertained to similar subject matter and derived from Ord. No. 595, §§ II—XXII, adopted Dec. 11, 1995. Supp. No, l0 696 intent nor effect of this article to unreasonably restrict or deny access by adults to sexually oriented materials protected by the First Amend- ment or to deny access by the distributors and exhibitors of sexually oriented entertainment pro- tected by the First Amendment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene or otherwise illegal material. (b) Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the city commission, and on findings incorporated in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986); Young v. American Mini Theaters, 426 U.S. 50 (iy7ti); �sarnes v. Gieni'heater, inc., 5ui U.S. 5bu (1991); City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000); and City of Los Angeles v. Alameda Books, 535 U.S. 425 (2003), and on materials made of cord rcicdting tv the Seminole County, and St. Johns County Public Nudity Ordinances, and on the substance of and findings made or incorpo- rated in studies accomplished in other communi- ties and ordinances enacted in other communi- ties, including, but not limited to, New York, New York; City of Houston Ordinance Number 97-75; Senate Bill Number 232, as passed by the Kansas State Legislature; Phoenix, Arizona; Tucson, Ari- zona; St. Paul, Minnesota; Minneapolis, Minne- sota; Houston, Texas; Indianapolis, Indiana; Am- arillo, Texas; Garden Grove, California; Los Angeles, California; Austin, Texas; Macon -Bibb County, Georgia; Palm Beach County, Florida; Manatee County, Florida; the findings of the Attorney General of the State of Minnesota; the report of United States Attorney General's Commission on Pornography (1986); Jacksonville, Florida; De- troit, Michigan; and "A Summary of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values," conducted by the Division of Planning, Depart- ment of Metropolitan Development, Indianapolis, January 1984; the publication entitled "Protect- ing Communities From Sexually Oriented Busi- nesses" (Southwest Legal Press, Inc.); the publi- cation entitled "Local Regulation Of Adult Businesses" (Clark, Boardman and Callaghan); publications prepared by the Florida Family As- LICENSES AND BUSINESS REGULATIONS sociation, Inc. (Tampa, Florida) relating Co the regulation of sexually oriented businesses and adverse secondary effects of sexually oriented businesses; the "Report to: The American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses", Peter R. Hecht, Ph.D. Supp. No. 10 696.1 § 10-52 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 696.2 LICENSES AND BUISNESS REGULATIONS organs in a manner contrary to the first poses of this article when they are en - sentence of Florida Statute, § 800.03, the gaged in the bona fide practice of their State's indecent exposure statute. occupation or profession: Adult theater: An establishment which consists a. Persons licensed as a massage ther- of an enclosed building, or a portion or part of an apist or apprentice massage thera- enclosed building, or an open-air area used for gist pursuant to Chapter 480, Flor- viewing by persons of films, motion pictures, ida Statutes, when providing massage video cassettes, video tapes, slides, computer dig- services in an establishment licensed ital graphic recordings, or other photographic under Chapter 480, Florida Stat- reproductions which have as their primary or utes. dominant theme, matters depicting, illustrating b. Persons licensed under the laws of or relating to specified sexual activities or speci- the State of Florida to practice med- fied anatomical areas. "Adult motels," and "adult icine, surgery, osteopathy, chiropody, booths" are included within the definition of "adult naturopathy, or podiatry. theater." c. Persons licensed under the laws of Adult video store: See "adult bookstore." the State of Florida as a physician's assistant or nurse. Alcoholic beverages: All beverages containing d. Persons holding a drugless more than one (1) percent of alcohol by weight. It practitioner's certificate under the shall be prima -facie evidence that a beverage is laws of the State of Florida. an alcoholic beverage if there is proof that the e. Persons licensed as barbers or cos - beverage in question was or is known as beer, metologists under the laws of the wine, whiskey, moonshine whiskey, moonshine, State of Florida. shine, rum, gin, tequila, bourbon, vodka, scotch, scotch whiskey, brandy, malt liquor, or by any f. Persons performing authorized ser- other similar name or names, or was contained in vices in a hospital, nursing home, a bottle or can labeled as any of the above names, sanitarium, adult congregate living or a name similar thereto, and the bottle or can facility, group home, day care center, bears the manufacturer"s insignia, name, or trade- or similar place of business when mark. Any person who, by experience in the owned and operated in accordance handling of alcoholic beverages, or who by taste, with the laws of the State of Florida. smell, or drinking of such alcoholic beverages has g. Persons who are instructors, coaches, knowledge of the alcoholic nature thereof, may or athletic trainers employed by, or testify as to his opinion about whether such on behalf of, any professional, ama- beverage is an alcoholic beverage. teur, Olympic, or similar athletic team Commercial bodily contact: engaging in bona fide athletic events, or when employed by a governmen- (1) The manipulation, washing, scrubbing, tal entity or a bona fide educational stroking, or touching, for commercial or institution. pecuniary gain, of the body of another h. Persons licensed as physical thera- person directly, or indirectly through a pists under the laws of the State of medium or using any object, instrument, Florida. substance, or device between a worker (Ord. No. 200341, §§ 2, 3, M- 04) and a customer. Commercial bodily contact establishment: Any (2) The following persons engaged in the bona establishment, business, or place operated for fide performance of the following activi- commercial or pecuniary gain or where for any ties shall not be deemed to be engaging in form of consideration workers or customers en - commercial bodily contact for the pur- gage in commercial bodily contact or any estab- Supp. No. 10 705 WINTER SPRINGS CODE lishmenu, business or place any portion of which is set aside, advertised, promoted or used as a place where commercial bodily contact occurs or which is described or depicted as a "body scrub salon," "body wash salon," or "body relaxation salon." Commercial or pecuniary gain: Operated for commercial or pecuniary gain shall be presumed for any establishment which has received a local business tax receipt. For the purposes of this article, operation for commercial or pecuniary gain shall not depend on actual profit or loss. An establishment which has a local business tax receipt or an establishment which advertises it- self as a type of adult entertainment establish- ment shall be presumed to be "operated for com- mercial or pecuniary gain." Commercial establishment: Any business, loca- tion, or place which conducts or allows to be conducted on its premises any activity for com- mercial or pecuniary gain. Conviction: A determination of guilt resulting from plea or trial, regardless of whether adjudi- cation was withheld or whether imposition of sentence was suspended. Customer: (1) Any person present at an adult entertain- ment establishment or sexually oriented business, other than operators or work- ers, regardless of whether the person has given or paid any consideration to be present at the adult entertainment estab- lishment or sexually oriented business and regardless of whether the person has paid any money for goods or services at or to the adult entertainment establishment or sexually oriented business. (2) Any person, excluding a worker or opera- tor, who has paid, or has offered, agreed, been solicited, or had someone else offer or agree on that person's behalf to pay any consideration, fee, or tip to an operator or worker of an adult entertainment estab- lishment or sexually oriented business. Educational institution: Apremises or site upon which there is an institution of learning for mi- nors, whether public or private, which conducts Supp. No. 10 706 regular classes and/or courses of study required for eligibility to certification by, accreditation to, or membership in the State Department of Edu- cation of Florida, Southern Association of Col- leges and Secondary Schools, or the Florida Coun- cil of Dependent Schools. The term "educational institution" includes a premises or site upon which there is a nursery school, kindergarten, elemen- tary school, junior high school, senior high school, or any special institution of learning, a vocational institution, professional institution, an institu- tion of higher education, a community college, junior college, four (4) year college or university. Entity: Any proprietorship, partnership, corpo- ration, association, business trust, joint venture, nt-stock company or other for profit and/not for profit organization by whatever name, title or description. Escort: Any person who, for commercial or pecuniary gain, compensation or tips, agrees to, offers to go, or goes to any place, including, but not limited to, a business, hotel, motel, residence, at, vessel, motor vehicle, or other mode of transportation to do any of the following acts: (1) Act as a companion or date for, or con- verse with a customer; (2) Engage in commercial bodily contact with another person; (3) Engage in a private performance; (4) Engage in adult modeling or act as an adult model; (5) Display specified anatomical areas, strip naked, or go topless; or (6) Engage in any specified sexual activity. Nothing in this definition shall be construed to legalize prostitution or other conduct prohibited by this Code or other law. Workers of a licensed adult performance establishment for whom worker records are maintained pursuant to this article are excluded from the definition of escort when engaged in the expressive display of specified anatomical areas at a licensed adult performance establishment. An escort who is a paid employee type worker of an escort service for whom taxes and social secu- LICENSES AND BUSINESS REGULATIONS G-Strings, thongs, and similar coverings shall not be considered an opaque cover- ing. Specified criminal act: (1) A violation of this article; (2) Any felony not otherwise specified in this definition; (3) An offense under Chapter 794, Florida Statutes (sexual battery); (4) An offense under Chapter 796, Florida Statutes (prostitution); (5) An offense under Chapter 800, Florida Statutes (lewdness; indecent exposure); (6) An offense under Chapter 826, Florida Statutes (bigamy; incest); (7) An offense under Chapter 847, Florida Statutes (obscene literature; profanity); or (8) An offense against an analogous federal statute or the statutes of a state other than Florida, or an analogous ordinance of another county or city. Specified sexual activities: (Editor's note: The sources for the footnotes below are (1) Taber's Cyclopedic Medical Dictionary, T.A. Davis Co., Philadelphia, 1997 (ed. 18); (2) Oxford Dictionary of the English Language (multi -volume); (3) Flor- ida Statutes. The definitions of terms set forth in the footnotes are a material part of this article and apply to the use of the term each time it is used.) (1) Human genitals in a state of sexual stim- ulation, arousal or tumescence; or (2) Acts of human anilinguss, bestialitylo, buggery", cunnilingus12, coprophagy13, 9Anilingus-Oral stimulation of the anus by use of the tongue or lips. 1oBestiality—(1) Use of animals for sexual enjoyment or any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, penis or vagina of the other. "Buggery --Sodomy. 12Cunnilingus—Sexual activity in which the mouth and tongue are used to stimulate the female genitalia. 13Coprophagy—The eating of excrement. § 10-55 coprophilia14, fellatio 15, flagellation l6, mas- ochi17, masturbation18, necrophilials sm, pederasty20, pedophilia21, sadism22, sado- masochism23, sapphism24, sexual inter- course25, sodomy26, urolagnia27, or zooerasty28; or (3) Fondling or other touching of human gen- itals, pubic region, any part of the but- tocks, anus or female breast; or (4) Oral, anal, or vaginal penetration by, or union with, the sexual organ or any other part of the body of another; (5) Anal or vaginal penetration of another or oneself with any object; or (6) The handling or fondling of the sexual organ of another for the purpose of mas- turbation directly or through a medium; or (7) Excretory functions as part of or in con- nection with any of the activities set forth in subsections (a) through (f). 14Coprophilia—An abnormal interest in feces. I�Fellatio—Oral stimulation of the penis. 16Flagellation—Whipping or a massage by strokes which is a form of sexual aberration in which the libido is stimulated by whipping oneself, being whipped, or whipping someone else. "Masochism —Sexual excitement by being humiliated or hurt by another or a sexual perversion in which one takes delight in being dominated, even to the extent of violence or cruelty, by another person. "Masturbation —Stimulation of genitals or other eroge- nous areas by some means other than sexual intercourse, such as a hand or object. "Necrophilia --Sexual intercourse with a dead body. "Pederasty —Anal intercourse between a man and a young boy. z'Pedophilia—Fondling of children or any other sexual relations with a child. 2'Sadism—Sexual pleasure derived from inflicting mental or physical pain on others. Sadomasochism —Sexual pleasure related to sadism and masochism. 2`'Sapphism—Lesbianism, i.e., the unnatural sexual rela- tionship between women such as cunnilingus, anilingus, mas- turbation, etc. 2'Sexual intercourse —Sexual union between a man and a woman by insertion of the penis into the vagina. 2'Sodomy—Anal intercourse. Z'Urolagnia—Sexual excitation associated with urination (e.g., watching another person urinate or having another person urinate on one's own body.) 28Zooerasty—Bestiality. Supp. No. 10 709 § IU-00 Straddle dance: WINTER SPRINGS CODE (1) The use by a worker of any part of his or her body to touch the genital or pubic area of another person, or the touching of the genital or pubic area of any worker by another person; or the straddling of the legs of a worker over any part of the body of a customer at the establishment, re- gardless of whether there is a touch or touching; or the use by a worker, of any part of his or her body to touch the geni- tal, pubic region, buttock, anus or female breast of another person while at the establishment, or the touching of the gen- ital, pubic region, buttock, anus or female breast of any worker by a customer while at the establishment. (2) Conduct shall be a "straddle dance" re- gardless of whether the "touch" or "touch- ing" occurs while the worker is displaying or exposing any specified anatomical area. (3) Conduct shall also be a "straddle dance" regardless of whether the "touch" or "touch- ing" is direct or through a medium. (4) The terms "lap dance," "table dance," and "face dance" are included within the term "straddle dance". Worker: A person who works, performs, or pro- vides services at an adult entertainment estab- lishment or at or for a sexually oriented business, irrespective of whether said person is paid a salary or wage and shall include, but is not limited to, employees, independent contractors, subcontractors, lessees, or sub -lessees who work or perform at an adult entertainment establish- ment or at or for a sexually oriented business. An operator is a type of worker. (Ord. No. 200341, §§ 2, 3, M- 04s Ord. No. 2006- 23, § 611241-06) Sec. 10-56. Notice. Any notice required under this article shall, unless otherwise provided in this article, be ac- complished by posting upon the subject premises and/or sending a written notification by certified mail to the mailing address set forth on the application for the license or a permit. This mail- Supp. No. 10 710 ing address shall be considered the correct mail- ing address unless the city manager or his desig- nee has been otherwise notified in writing. (Ord. No. 2003-41, §§ 2, 3, M- 04) Sec. 10-57. Penalties; remedies; relief. Any person violating any of the provisions of this article shall be prosecuted in the same man- ner as misdemeanors are prosecuted. Such viola- tions shall be prosecuted in the name of the State of Florida in a court having jurisdiction of misde- meanors by the prosecuting attorney thereof and, upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by im- prisonment in the county jail not to exceed sixty (60) days or by both fine and imprisonment as provided in Section 162.22, Florida Statutes (2003). Each incident or separate occurrence of any act that violates this article shall be deemed a sepa- rate offense. In addition to the penalties provided under this section, violators of this article shall be �a juc'; cu airy utisur apprupiraiu Civil Ur crrrrrrrial action provided by law in a court of competent jurisdiction, including, but not limited to, injunc- tive relief. (Ord. No. 200341, §§ 2, 3, M-04) Sec. 10-58. License required. (a) Requirement. It is unlawful for any person to operate or to be an operator of or worker at a sexually oriented business or an adult entertain- ment establishment which has not first obtained a license which is applicable for said establish- ment or business pursuant to this article; or to continue to operate or be an operator of or worker at a sexually oriented business or an adult enter- tainment establishment where that person knows or has reason to know that the license of the establishment or business is under suspension, has been revoked or has lapsed. The operation of asexually oriented business or an adult entertain- ment establishment without a valid license, where applicable, is unlawful and shall be grounds for the closing of the establishment or business upon a finding of fact by a court or other body with proper jurisdiction that the establishment does not have a valid license. the circumstances which may lead to a different decision regarding the former reason(s) for denial. (Ord. No. 200341, §§ 2, 3, 2-9-04) Sec. 10-68. Annual license fee. (a) There shall be collected under this article annual license fees for the following classifica- tions of adult entertainment establishments and sexually oriented businesses: (1) Adult bookstore/adult video store: Seven hundred fifty dollars ($750.00); (2) Adult theater: Seven hundred fifty dollars ($750.00); (3) Adult performance establishments: Seven hundred fifty dollars ($750.00); (4) Adult motel: Seven hundred fifty dollars ($750.00); (5) Commercial bodily contact establishment: Seven hundred fifty dollars ($750.00); and (6) Escort Service: Seven hundred fifty dol- lars ($750.00). (b) The annual license fees are declared regu- latory in nature, collected for the purpose of examination and inspection of adult entertain- ment establishments and sexually oriented busi- nesses under this article and the administration thereof. This annual license fee is hereby declared to be revenue neutral in that the city will incur a greater annual cost to license and monitor an adult entertainment establishments and sexually oriented businesses compliance with this article. These regulatory fees are in addition to, and not in lieu of, the local business taxes imposed by the Winter Springs City Code or state law and other land development or regulatory fees associated with general commercial activities and locations. (Ord. No. 200341, §§ 2, 3, 2-9-04; Ord. No. 2006- 23, § 6, 12-11-06) Sec. 10-69. Contents of license, term of li- cense, renewals, expiration, lapse, nonconforming establishments. (a) Contents. An adult entertainment establish- ment or sexually oriented business license shall state on its face the name of the licensee, the name of the establishment the street address of the establishment, tense, the date of expiration. § 10-70 the classification of the li- issuance, and the date of (b) Term. All licenses issued under this article shall be annual licenses which shall commence running on October 1, on which date they shall have been paid for, and shall expire on September 30 of the following year. If a license is issued after October 1, but by March 31 of the following year, the applicant shall pay the appropriate license fee in full. If a license is issued after March 31, but by October 1 of the same year, the applicant shall pay one-half the appropriate license fee. (c) Expiration /renewal /lapse. Each license shall expire on September 30 of each year and may be renewed only by making an application for a license in accordance with the provisions of this article. Applications for renewal shall be made at least thirty (30) days before the expiration date of the license. The city manager or his designee shall issue or deny the renewal application within thirty (30) days of the application being filed. Failure to make application at least thirty (30) days before the expiration date will not suspend the expiration of the current license and could result in a final determination on the renewal application after the commencement of the new license year on October 1. If the application for a renewal is denied, the applicant may immediately appeal to a court of competent jurisdiction, which couA shall provide prompt judicial review of said appeal. (d) Nonconforming establishments. Unless ex- pressly provided otherwise in this article, the nonconforming status of any adult entertainment anI sexually oriented business shall be governed by the nonconforming uses of land and uses of structures provisions of the city's land develop- ment code. (Ord. No. 200341, §§ 2, 3, 2-9-04) Sec. 10-70. Records and reports. Each licensee shall keep such records and make such reports as may be required by this article. (Ord. No. 200341, §§ 2, 3, 2-9-04) Supp. No. 10 715 WINTER SPRINGS CODE Sec, 10-71. Transfer of license. It is unlawful for a licensee to transfer his, her or its license to another person or entity or surrender possession, control, and operation of the licensed establishment to such other person or entity. (Ord. No. 200341, §§ % 31 2-9-04) Sec. 10-72. Establishment name change. It is unlawful for a licensee to change the name of an adult entertainment establishment or sexu- ally oriented business unless and until the city manager or his designee is given thirty (30) days' notice in writing of the proposed name change and any and all changes or alterations in the information or disclosures required by this article ,.. •11 , A Al. •, ale bUIJ1111LPUCU LU Ville c16y. (Ord. No. 200341, §§ 2, 3, 2-9-04) Sec. 10-73. Suspension and revocation of li- e� (a) For purposes of this section 10-73, the term "violation" shall mean an incident having oc- curred at, or by, an adult entertainment establish- ment or sexually oriented business which is pro- hibited by the provisions of this article or made unlawful by Chapters 561, 562, 563, 564, 565, 794, 796, 800, 826, 827, 847, 893 or 895, Florida Statutes, or an analogous federal statute. (b) Inspection of records and premises. In the event that the city manager or his designee de- termines that the licensee or an operator at or of the licensee has refused to allow any inspection of records or premises as required by this article; the city manager or his designee may suspend the license for a period not to exceed thirty (30) days. (c) Suspension. The following suspension pro- cedure shall apply when the city manager deter- mines the violations have occurred without the licensee's knowledge. The city manager or his designee shall suspend a license when he or his designee determines that any one of the following has occurred: (1) In the event three (3) or more violations occur within atwo- (2) year period, and convictions result from at least three (3) of the violations, the city manager or his Supp. No. 10 716 designee shall, upon the date of the third conviction, notify the licensee that the license shall be suspended for a period of thirty (30) days unless good cause is shown in accordance with this article, that the violations have not occurred. For pur- poses of calculating this two-year period, the two-year period shall be deemed to be those twenty-four (24) months occurring immediately prior to the violation occur- rence date for which the thirty (30) day suspension is sought. (2) In the event one (1) or more violations occur within a two (2) year period from the date of the last violation occurrence date from which the conviction resulted in a thirty (30) day suspension pursuant to subsection (c)(1), but not including any time during which the license was effec- tively suspended, and a conviction results from one (1) or more of the violations, the ClLy 111anagez oz 1i1s ue:�ig lee shall, upua the date of the latest conviction, provide notice to the licensee that the license shall be suspended for a period of ninety (90) days unless good cause is shown in accor- dance with this article that the violation has not occurred. (3) In the event one (1) or more violations occur within a two (2) year period from the date of the last violation occurrence date from which the conviction resulted in a ninety -day suspension pursuant to sub- section (c)(2), but not including any time during which the license was effectively suspended, and a conviction results from one (1) or more of the violations, the city manager or his designee shall, upon the date of the latest conviction, provide no- tice to the licensee that the license shall be suspended for a period of one hundred eighty (180) days unless good cause is shown in accordance with this article that the violation has not occurred. (d) Revocation. The following revocation proce- dure shall apply when the city manager deter- mines the violations have occurred with the licensee's knowledge. The city manager or his LICENSES AND BUSINESS REGULATIONS dancing or simulating sexual activity with any patron, spectator, employee, or other person on the premises of an adult perfor- mance establishment; and (2) Not suffer or permit any person maintain- ing, owning or operating an adult perfor- mance establishment to construct, main- tain, or use areas partitioned or screened from public view that are designed to be occupied or are commonly occupied alone or together by any person or persons on the premises of such establishment for private performances involving the dis- play or exhibition of specified anatomical areas; and (3) Not permit any person or customer on the premises of an adult performance estab- lishment to use or to be present in areas partitioned or screened from public view that are designed to be occupied together or along by any person or persons on the premises of such establishment for the display or exhibition of specified anatom- ical areas; and (4) Post a sign which is clearly legible and located in a conspicuous place setting forth that straddle dancing is strictly pro- hibited; and (5) Not place or permit the placement of a bed or mattress in the establishment. (Ord. No. 2003-41, §§ 2, 3, 2-9-04) Sec. 10-80. Commercial bodily contact estab- lishments provisions. In addition to all general requirements of this article pertaining to adult entertainment estab- lishments and sexually oriented businesses con- tained in this article, a commercial bodily contact establishment, regardless of whether it is li- censed under this article, shall: (1) Operate only from a fixed physical loca- tion which is set forth on its sexually oriented business license and all required local business tax receipts. (2) Not advertise, offer or provide any other service other thanservices which are posted. (3) Provide clean linen and towels for each customer when towels and linens are used during the course of providing services to a customer; provided, however, that heavy white paper may be substituted for sheets if such paper is used for only one (1) customer and then discarded into a sani- tary receptacle. (4) Store clean linen, towels and other mate- rials used in connection with providing commercial bodily contact in closed cabi- nets. (5) Disinfect and sterilize non -disposable in- struments after each use on a customer. (6) Cause all workers to conceal their speci- fied anatomical areas with an opaque covering at all times when on the pre- mises of the business by wearing an opaque surgical type gown. (7) Not encourage, allow or permit any cus- tomer to consume food or beverages in the business. (8) Provide commercial bodily contact in an area wherein such area is visible at all times from common areas in the establish- ment. No contact may occur in a separate or individual cubicle, room, booth or area which is not visible from common areas of the establishment and a receptionist area; provided, however, that if male and fe- male customers are provided services at the same time, separate work areas shall be established for each gender. (9) Not advertise, display, publish, exhibit, place, distribute or promote on any adver- tising matter or signage services that are not posted or a suggestion that services not posted will be provided. (10) Not advertise, display, publish, exhibit, pIace, distribute or promote on any adver- tising matter or signage any suggestion that workers will be dressed in any man- ner other than as required in this article. (11) Not begin a meeting or service with a customer between 10:00 p.m. of any day of the week and 9.00 a.m. the following day. Supp. No. 10 725 § 10-80 WINTER SPRINGS CODE (12) Not provide services at any place other city unless the escort service does not than a physical location licensed to pro- refer, send, or dispatch escorts to any vide commercial bodily contact under the location within the jurisdictional limits of provisions of this article. the City of Winter Springs. (13) Not place or permit the placement of any bed, mattress or sofa at the business; provided, however, that a sofa may be placed in the reception area open to the public at the main entrance of the busi- ness and cots or padded mats may be used when providing commercial bodily con- tact. (Ord. No. 200341, §§ 2, 3, 2-9-04; Ord. No. 2006- 23, § 2, 12-11-06) Sec. 10-81. Escort service. Tn at#�iti�n t� all aanaral nrnvi�inns nartainin<r to adult entertainment establishments and sexu- ally oriented businesses contained in this article, an escort service, regardless of whether licensed under this article, shall: (1) Not advertise, offer or perform any other service than services which are posted. (2) Cause all workers and escorts to conceal their specified anatomical areas with an opaque covering at all times when on the premises of the escort service. (3) Not advertise, display, publish, exhibit, place, distribute or promote on any adver- tising matter or signage services that are not posted or a suggestion that services not posted will be provided. (4) Not begin a meeting or service with a customer between 10:00 p.m. of any day of the week and 9:00 a.m. the following day. (5) If offering or providing escorts or escort service within the City of Winter Springs, each escort service shall notify the city manager or his designee of an authorized physical location, which may or may not be within the city, from where the escort service operates and dispatches escorts. (6) Include in all advertising or promotional literature posted, placed, published, or distributed within the City of Winter Springs the number of a valid sexually oriented business license issued by the Supp. No. 10 726 (7) Each escort service shall ensure that ev- ery escort and worker of the escort service is provided with a copy of the escort service's license and carries it while work- ing as an escort for the service, and dis- plays said license upon the request of any law enforcement officer or the city man- ager or his designee. In addition to a copy of the escort service's license, each escort service shall ensure that each escort has a local business tax receipt to engage in the occupation of escort within the city and that they carry said receipt while work- ing, and displays said receipt upon the request of any law enforcement officer or the city manager or his designee. Notwith- standing the foregoing, an escort or worker of an e.`ieuA &'ei'vic;t; whu L a Paid em- ployee for whom taxes and social security payments are withheld and paid by the licensed escort service and who is not an independent contractor may substitute and carry a copy of the sexually oriented busi- ness/escort service license of the employ- ing escort service only, provided that worker records as required by this article are created and maintained by the licensed escort service. (8) If a meeting with or the service of a customer occurs at a location not open to the public, then the escort shall check in with the on duty manager of the premises in person where the meeting or service occurs or begins prior to meeting or ser- vicing a customer and advise the manager of the following; names of the escort(s), the escort service and customer(s); the escort's time of arrival and estimated time of departure; and a copy of the escort service's sexually oriented business li- cense and the escort's own local business tax receipt, if applicable, and the location of the meeting within the structure. (Ord. No. 200341, §§ 2, 3, 2-9-04; Ord. No. 2006- 23, § 6, 1241-06) LICENSES AND BUSINESS REGULATIONS (4) A person under eighteen (18) years of age to be a worker at or for the establishment or business. (Ord. No. 200341, §§ % 32 2-9-04) Sec. 10-88. Records —Unlawful provisions. (a) It is unlawful to be an operator or worker of an adult entertainment establishment or sexually oriented business, regardless of whether it is licensed under this article, if the current and valid adult entertainment establishment or sexu- ally oriented business license is not conspicuously displayed on the premises of the establishment or business. (b) It is unlawful to be an operator of an adult entertainment establishment or sexually oriented business, regardless of whether licensed under this article, which does not create, establish and compile worker records, maintain worker records or where such records are not produced for inspec- tion by a law enforcement officer upon request when the establishment or business is open for business. (c) It is unlawful to be an operator of a sexually oriented business, regardless of whether it is licensed under this article, at which customer contracts, daily registers and a list of services have not been compiled, maintained or are not produced for inspection by a law enforcement officer upon request when the establishment or business is open for business. (d) It is unlawful for a worker at or of an adult entertainment establishment or sexually oriented business, regardless of whether licensed under this article, to fail to obtain, carry or produce for inspection by a law enforcement officer upon request, a local business tax receipt for the occu- pation in which the worker is engaged; provided, however, that a worker of an adult entertainment establishment or sexually oriented business who is a paid employee for whom income taxes and social security payments are withheld and paid by the establishment and who is not an independent contractor shall not be required to obtain a local business tax receipt or their own adult entertain- ment establishment/sexually oriented business license. (e) It is unlawful for an escort, regardless of whether they are a paid employee for whom income taxes and social security payments are withheld and paid by the escort service, to fail to carry and produce for inspection by a law enforce- ment officer a copy of the sexually oriented busi- ness license of the employing escort service when working as an escort or providing the services of escort. (f) It is unlawful for any person or any person on their behalf applying for a license under this article to make a false or misleading statement or provide false or misleading information which is intended to facilitate the issuance of a license. (g) It is unlawful for any worker, customer or operator to provide false or misleading informa- tion in any worker record, customer contract or daily register required by this article. (h) It is unlawful to be an operator or worker at an adult entertainment establishment or sex- ually oriented business which does not have con- spicuously posted the name of the operator on duty while the establishment is open for business. (i) It is unlawful for an operator of an adult entertainment establishment or sexually oriented business to fail to produce for inspection any worker record required by this article, when re- quested by a law enforcement officer or the city manager or his designee when the establishment or business is open for business. (j) It is unlawful for an operator of a sexually oriented business to fail to produce for inspection any worker record, customer contract or daily register required by this article when requested by a law enforcement officer or the city manager or his designee' when the establishment or busi- ness is open for business. (Ord. No. 200341, §§ 2, 3, M- 04; Ord. No. 2006- 23, § 6, 12-11-06) Sec. 10-89. Hours of operation —Unlawful provisions. (a) It is unlawful for any operator of an adult entertainment establishment, regardless of whether licensed pursuant to this article, to allow such establishment to remain open for business or to knowingly allow any worker to engage in a Supp. No. 10 731 § W-89 WINTER SPRINGS CODE performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day. (b) It is unlawful for any operator of a sexually oriented business, regardless of whether licensed pursuant to this article, to allow such business to remain open for business or to permit any worker to engage in a performance, solicit a performance, make a sale, solicit a sale, begin, continue or provide a service or solicit a service between the hours of 10:00 p.m. and 9:00 a.m. of any particu- lar day. (c) It is unlawful for any worker of an adult entertainment establishment, regardless of whether licensed pursuant to this article, to en- gage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day. (d) It is unlawful for any worker of a sexually oriented business, regardless of whether licensed pursuant to this article, to provide a service, solicit a service, engage in a performance, solicit a performance, make a sale, solicit a sale, begin a service or continue a service between the hours of 10:00 p.m. and 9:00 a.m, of any particular day. (Ord. No. 200341, §§ % 3, 2-9-04) Sec. 10-90. Special prohibitions relating to escorts and escort lawful provisions, provisions. It is unlawful for any escort, escort service or worker of an escort service, regardless of whether licensed under this article, to commit any of the following acts or for an operator of an escort service regardless, of whether licensed thereun- der, to knowingly permit, suffer, aid, assist or allow any escort or escort service worker to com- mit any of the following acts: (1) To enter a hotel, motel or other place of temporary lodging for the purpose of meet- ing or providing services to a customer without immediately upon entering such hotel, motel or other place and prior to meeting the customer making personal face-to-face contact with the on duty man- Supp. No. 10 732 ager at the front desk or reception area and providing that person with the follow- ing information: a. The time of arrival and estimated time of departure; b. A copy of the escort service's sexu- ally oriented business license and, if applicable, the escort's local busi- ness tax receipt; c. The name of the escort, the escort service and the customer being met/ served; and d. The location of the meeting or ser- vice within the structure including the room number. 0 ins m �G/ iU 1"tlljU1IC, CnIC� UI" It b'VIICIL any CUBWIIIeI" to remove any article of clothing. (3) To display or expose any specified anatom- ical area to a customer. (4) To begin a meeting or service without first meeting the customer in a public place such as a bar or restaurant before accom- panying the customer to any place not open to the public such as a hotel room or residence. (5) To meet with or provide services to a customer in any place not open to the public such as a hotel room, motel room or residence without first executing the cus- tomer contract as required by this article. (6) To provide services to a customer even in a public place without first executing the customer contract as required by this ar- ticle; immediately following the meeting of the customer. (7) To solicit a tip or gratuity from a customer in exchange for a promise or suggestion that any act or service not contracted for in the customer contract will be per- formed. (8) To accept any compensation or payment except that which is provided in the cus- tomer contract. (Ord. No. 200341, §§ 2, 3, 2-9-04 Ord, No. 2006- 23, § 6, 12-11-06) LICENSES AND BUSINESS REGULATIONS Sec. 10-91. Special prohibited acts; commer- cial bodily contact; unlawful pro- visions. It is unlawful for a worker of a commercial bodily contact establishment, regardless of whether licensed pursuant to this article, to commit any of the following acts or for the operator of a commer- cial bodily contact establishment, regardless of whether licensed thereunder, to knowingly or with reason to know, permit, suffer, aid, assist or allow any worker to commit any of the following acts: (1) To provide commercial bodily contact or to be present at the premises of the business when open for business unless covering their specified anatomical areas by wear- ing an opaque surgical type gown. (2) To display or expose any specified anatom- ical area to a customer. (3) To allow a customer to expose or display the customers specified anatomical areas in the presence of a worker. (4) To allow a customer to engage in any specified sexual activity with him or her- self, another customer or with a worker. (5) To perform or provide commercial bodily contact except at the premises of a com- mercial bodily contact establishment li- censed under this article. (6) To engage in or offer to engage in private modeling or the activities of an escort with any customer. (7) To provide commercial bodily contact or service to a customer without first execut- ing a customer contract as required by this article. (S) To intentionally touch, fondle, manipulate or massage the specified anatomical area of any customer. (9) To allow any customer to intentionally touch, fondle, manipulate or massage any specified anatomical area of any worker or the body of any worker below the waist and above the knee, directly, indirectly or through a medium. § z (10) To remain in the presence of any customer who is displaying, exposing, intentionally touching, fondling or manipulating any specified anatomical area. (11) To allow any customer to intentionally touch, massage or manipulate any speci- fied anatomical area while on the pre- mises of the business or when in the presence of a worker. (12) To solicit or require a customer to remove any item of clothing as a prerequisite to providing commercial bodily contact. (13) To accept or solicit any tip, remuneration, consideration or gratuity in excess of the fee provided in the executed customer contract. (14) To accept or solicit any tip, remuneration, consideration or gratuity in exchange for any enhanced service. (15) To fail to require a customer to cover such customers' specified anatomical areas with a towel, robe, undergarment, bathing suit or other similar fully opaque material while on the premises of the business. (16) To engage in or offer to engage in any private performance or act as an adult model. (Ord. No. 2003-41, §§ % 3, M- 04) Sec. 10-92. Commercial bodily contact estab- lishments —Prohibited; savings provision. (a) Notwithstanding any provision of this arti- cle, it is unlawful to operate, or be a worker for or at a commercial bodily contact establishment which engages in commercial bodily contact. (b) Notwithstanding the provisions of subsec- tion (a), in the event that subsection (a), prohib- g commercial bodily contact establishments is found to be unconstitutional, or otherwise invalid by a court of competent jurisdiction or should an unction be issued relative to the enforcement of subsection (a), then all provisions set forth this article applicable to commercial bodily contact Supp. No. 10 733 WINTER SPRINGS CODE establishments and sexually oriented businesses shall apply to businesses and establishments en- gaged in commercial bodily contact. (Ord. No. 200341, §§ 2, 3, 2-9-04) Sec. 10-93. Local business tax receipts/home occupations. (a) The city manager or his designee may take such steps as may be necessary to ensure that the local business tax is paid by only such individuals and entities that are lawfully permitted in accor- dance with the provisions of this article. (b) Adult entertainment establishments and sexually oriented businesses shall not be ap- proved as home occupations. (Ord. No. 2003-41, §§ 22 3, 2-9-04; Ord. No. 2006- sin 9 r In 11 AnN Is u) tA-11-vu/ Sec. 10-94. Sexual encounter businesses pro- hibitect rohibited acts—Unlaw- +��1 (a) It is unlawful to be an operator of or be a worker at a sexual encounter business. (b) It is unlawful to cause, encourage, or allow a person under eighteen (18) years of age to be present at a sexual encounter business. (c) It is unlawful to aid or abet a person causing, encouraging or allowing a person under eighteen (18) years of age to be present at a sexual encounter business. (Ord. No. 200341, §§ 2, 3, 2-9-04) Sec. 10-95. Immunity from prosecution. The city and any and all of its officers, depart- ments or agents and any law enforcement officer shall be immune from prosecution, civil or crimi- nal, for the reasonable, good -faith trespass upon an adult entertainment establishment or sexually oriented business while acting within the scope of the authority set forth in this article. Secs. 10-96-10-99. Reserved, Sec. 10400. Zoning. All adult entertainment establishments and sexually oriented businesses within the City of Supp. Mn 10 734 Winter Springs, Florida, shall be limited to the industrial zoning district as designated by an adopted comprehensive plan, and City of Winter Springs Future Land Use Map, and shall be subject to all restrictions enumerated herein. (Ord. No. 200341, §§ 2, 3, 2-9-04) Sec. 10-101. Prohibited locations for adult entertainment establishments; sexually oriented businesses. No person shall cause or permit the establish- ment, substantial enlargement of an adult enter- tainment establishment or sexually oriented busi- ness within seven hundred fifty (750) feet of any other adult entertainment establishment or sex- ually oriented business, any church, school, pub- lic park or public recreation area or within seven hundred fifty (750) feet of an area zoned for residential use and/or designated by an adopted comprehensive plan in a manner primarily in- tended for dwellings. No person shall cause or e1'Iiiii the est' ablishirrent o substantial enlarge- ment of a church, school, public park or public recreation area or residential area as described above within seven hundred fifty (750) feet of any existing adult entertainment establishment or sexually oriented business. "Substantial enlarge- ment" shall mean increasing the size of the per- mitted and/or licensed premises by more than ten (10) percent of the original licensed premises. (Ord. No. 200341, §§ 2, 3, 2-9-04) Sec. 10-102. Measurement of distance. For the purpose of this article, distance mea- surement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the property used as an adult entertainment establishment or sexually oriented business to the nearest property line of the premises of the other adult entertainment establishment and sexually oriented business, of a church, school, public park, or public recreation area, or to the nearest boundary of any area legally zoned and/or designated by comprehensive in in a manner primarily intended for dwell- ings without regard to municipal boundaries. (Ord. No. 200341, §§ 2, 3, 2-9-04) Secs. 10-103-10410. Reserved, LICENSES AND BUSINESS REGULATIONS ARTICLE IV. AMUSEMENTS* Sec. 10-111. Dance halls; permit required; conduct in dance halls. (a) It shall be unlawful for any person to operate for profit in the city any place wherein dancing is permitted without first obtaining a permit from the city commission. (b) It shall be unlawful for any owner or lawful operator of a dance hall to allow or permit disor- derly conduct within such premises. (Code 1974, § 8-3) Secs. 10-112-10-114. Reserved. Sec. 10-115. Slot machines and devices. (a) Purpose and intent. The purpose and intent of this section is to regulate and prohibit, within the City of Winter Springs, Florida, slot machines or devices and casino -type slot machines as de- fined in this section or as prohibited by Chapter 849, Florida Statutes. (b) Definitions. The following words, terms, and phrases, when used in this section) shall have the meanings ascribed to them in this section, except where the context clearly indicates a dif- ferent meaning: (1) Slot machine or device shall mean an amusement machine, device, game or in- strument operated by means of the inser- tion of a coin, bill, currency, credit card, debit card, ticket, token or slug, for use as a game, contest of skill or amusement of any description, which device, machine, game or instrument is similar to, or in the nature of a casino -type slot machine. (2) Casino -type slot machine shall mean a machine, device, game or instrument which is prohibited by Section 849.16, Florida Statutes, and which, by means of skill or chance, or both, has as its object the lining up of two or more colors, lights, or spin- ning objects, or any combination thereof. *State law references —Poolrooms, F.S. §§ 849.04, 849.07; coin -operated devices, F.S. § 817.32, 817.33. (c) Slot machine or device prohibited. (1) It shall be unlawful to have, own, operate, use or allow another to have, own operate or use a slot machine or device in the city, and slot machines or devices are hereby prohibited in the city. (2) No local business tax receipt shall be issued by the city for any business, enter- prise, or organization that proposes to operate a slot machine or device in the city and no local business tax receipt shall be issued by the city for a slot machine or device. (d) Exemption. This section is not intended to anI specifically does not regulate: (1) Merchandise vending machines; (2) Coin -operated mechanical or electrical mu- sical instruments or devices; (3) Coin -operated amusement devices that are not in the nature of, or similar to, casino - type slot machines; or (4) Coin -operated amusement devices that may be in the nature of or similar to casino -type slot machines or devices, which are not used for commercial or betting purposes but kept only for purposes of display. (Ord. No. 2004-03, § 2, 2-23-04; Ord. No. 2006-23, § 6, 1241-06) Secs. 10-116-10-135. Reserved. ARTICLE V. PEDDLERS AND SOLICITORS AND MISCELLANEOUS SALESt Sec. 10-136. Transient or itinerant solici- tors;permit required; prerequi- site to issuance. (a) It shall be unlawful for any transient. or itinerant solicitor to solicit orders for goods, wares, merchandise, newspapers, magazines, periodicals j'Cross references —Noises made by peddlers, hawkers, vendors restricted, § 13-29; streets, sidewalks and other public places, Ch. 17. Supp. No. 10 735 § 10-136 WINTER SPRINGS CODE or any other matter having a commercial business purpose, whether for profit or not, including the solicitation of funds, without first obtaining a written permit from the city manager. Specifically excluded from this regulation are all noncommer- cial solicitations including, but not limited to, political or religious canvassing, or distribution of handbills and pamphlets or other non-commercial materials. (b) The city manager is hereby authorized to issue a permit required by (a) above to any person upon completion and submittal of an application accompanied by a fee of one hundred dollars ($100.00) and providing for the following informa- tion: (1) Name, address, and date of birth of appli- 4- VUll U. (2) Photographic identification of applicant (valid driver license or state -issued iden- tification card). (3) Valid state and/or local business tax re- ceipt or work permit issued to conduct commercial or business solicitations or the solicitation for funds if applicable. (4) Documentation reflecting that solicitation is to be performed on behalf of an active, bona fide company, corporation, group, or foundation which may include, but not be limited to articles of incorporation, certi- fied letter containing corporate seal, or business registration with the State of Florida. (5) Name, address and date of birth for each person seeking to conduct solicitation ac- tivities under the application. (6) Name and address of business on whose behalf the solicitation is to be conducted. (7) Time period and location in which the solicitation is to occur. (c) The city manager shall deny or revoke the issuance of a permit for any one or more of the following reasons under this section if the appli- cant: (1) Fails to provide the information required under subsection (b) above; or Supp. No. 10 736 (2) Provides false or misleading information in the applications or (3) Fails to maintain applicable state and/or local business tax receipt(s) or their equiv- alent to conduct solicitations during the term of the solicitation permit issued un- der subsection (b) above; or (4) Has been convicted, whether formal adju- dication or not of a violation of state or local law relating to theft, burglary or fraud -related crimes as set forth under Chapters 812-817, Florida Statutes, or any person intending to conduct solicita- tions under the application; or (5) Conducts solicitation in such a manner as erty; or (6) Ceases to possess the qualifications re- quired under this subsection for the orig- inal registration; or (7) Within the previous seven (7) years, has violated subsection (c)(2), (3), vO or (5) above. (Code 1974, § 8-1; Ord. No. 2002-24, § 2, 10-13-03; Ord. No. 2006-23, § 2, 12-11-06) Sec. 10-137. At-home sales. (a) Sales on residential property of new or used goods, wares, or merchandise, generally out- doors, and known variously as carport, garage, yard, sidewalk, attic, basement, rummage, tent, estate sales, or any similar sales, shall be held only after a permit for such sale is obtained from the city building department. Such sales on resi- dential property shall be held only by the resi- dent(s) of the property and shall be of no longer duration than six (6) days total for each sale. No more than two (2) such sales shall be held during any twelve-month period by any person or orga- nization. No retail or wholesale merchant shall hold any such sale on residential property. (b) A fee established by resolution of the city shall be charged for the permit required to hold the sale and to post signs advertising the sale on the property on which the sale is held. A portion of LICENSES AND BUSINESS REGULATIONS the fee may be refunded if all signs noticing the sale are removed from the site of the sale within We (5) days after the sale. (Code 1974, § &2) Supp. No. 10 736.1 § 10-137 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 736.2 Chapter 16 SIGNS AND ADVERTISING* Article I. In General Secs. 16-1-16-25. Reserved. Article II. Distribution of Handbills and Periodicals Sec. 16-26. Findings of fact. Sec. 16-27. Distribution upon residential property prohibited without con- sent of owner. Sec. 16-28. Distribution on or in vehicles and public places prohibited. Sec. 16-29. Aiding and abetting prohibited. Sec. 16-30. Exemptions from article provisions. Sec. 16-31. Granting of variances. Secs. 16-32-16-50. Reserved, Article III. Signs Division 1. Generally Sec. 16-51. Definitions. Sec. 16-52. Purpose and intent. Sec. MO. Building permit required. Sec. 16-54. Applications; permit fees; review period; approval criteria; ap- peals. Sec. 16-55. Exemptions from permit requirements. Sec. 16-56. Nonconforming signs. Sec. 16-57. Prohibited signs. Sec. 16-58. Waiver. Sec. 16-59. Construction and maintenance standards. Sec. 16-60. Supplemental temporary sign requirements. Sec. 16-61. 911 emergency response system. Secs. 16-62-16-75. Reserved. Division 2. Standards Sec. 16-76. Generally. Sec. 16-77. Outdoor display/billboards-Off-premises signs prohibited. Sec. 16-78. Same -On -premises signs. Sec. 16-79. Supplemental sign regulations. Secs. 16-80-16-84. Reserved. Sec. 16-85. Bench signs. Sec. 16-86. Reserved. Sec. 16-87. Banners. Sec. 16-88. Weather. Sec. 16-89. Enforcement. Sec. 16-90. Implied consent. Sec. 16-91. Viewpoint neutral. Sec. 16-92. Severability. *Cross references -Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; arboreal standards of the City of Winter Springs, Ch. 5; buildings and building regulations, Ch. 6; fire prevention and protection, Ch. 7; land development, Ch. 9; licenses and business regulations, Ch. 10; sign standards for adult entertainment establishments, § 10-91 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; zoning, Ch. 20. Supp. No. 3 1041 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 1042 SIGNS AND ADVERTISING ARTICLE III. SIGNS* DIVISION 1. GENERALLY Sec. 16-51. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Balloon display is any balloon anchored on private property for the purpose of advertise- ment. Banner is any strip of cloth, plastic or other flexible material on which a sign is printed, painted, or otherwise displayed. Bench sign is any sign which displays advertis- ing or which is intended for the display of adver- tising and when such benches are to be located on the public way or when such benches are to be located on private property but the advertising is intended to be viewed from the public way. Bus stop shelter sign is any sign located on any part of the surface of a bus stop shelter. Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line, enclosing the extreme limits of the sign, including all ornamental attachments, insignias, symbols, logos, trademarks, interconnecting links and the like, and any stripe, frame or border. Sign area does not include the main support structure of the sign unless used for sign display purposes. The calculation for a double faced sign shall be the area of one face only. The calculation for wall signs, if permitted hereunder, comprises individ- ual letters, numbers, symbols and the like, where the exterior wall of the building upon which it is affixed acts as the background of the sign, shall be calculated within the smallest regular geometric figure needed to encompass the sign display. Discontinued sign shall mean any sign located on property which has been vacant and unoccu- pied for a period of ninety (9u) days or more$ or *State law reference —Sign ordinances, F.S. §§ 166.0425, 479.155. any sign face which advertises a service no longer conducted or product no longer sold upon the premises where the sign is located. Electronic signs shall mean a sign on which the copy changes automatically by electronic means. Freestanding sign is any mobile or portable sign or sign structure not securely attached to the ground or to any other structure. This definition shall not include trailer signs. Ground sign. A sign wholly independent of any building for support which is placed upon or permanently affixed in the ground. Hazardous sign is any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or which obstructs the visibility of any official traffic - control device or which diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to obstruct the vision of pedes- trians. The use of flashing, running, or revolving lights in any sign is prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited. Height of sign or height shall mean the dis- tance between the top of a sign and the average shed grade elevation of the base of the sign. Nonconforming sign is any sign which was lawfully existing in the city before the adoption of this article or amendments to this article or other applicable city code, that does not comply with the requirements of this article or amendments to this article or other applicable code. Obscene sign is any sign which is deemed obscene pursuant to the Florida and United States Constitutions. On premises sign shall mean a sign (1) identi- fying an activity conducted or products or services available on the premises where the sign is lo- cated, or (2) displaying a noncommercial message or (3) any combination of the two. Off -premises sign shall mean a sign identifying an activity which is not on the premises where the Supp. No. 10 1045 WINTER SPRINGS CODE sign is located or products or services which are not available on the premises where the sign is located. Pole sign is a ground sign supported by poles, uprights, or braces, which are not concealed in an enclosed base, but are permanently placed on or in the ground and wholly independent of any building for support. Right -of --way is any land designated as city, county, state, or federal roadway and private roadways. Roof sign shall mean any sign erected or in- stalled upon a roof of any building or structure. Signs shall mean any surface, fabric, device, or display, whether illuminated or non -illuminated, and can be seen off -site. Snipe sign is any sign of any material whatso- ever that is attached in any way to a utility pole, L,x'ee oally object located wo situated on a public road right-of-way, or any sign which is installed on property without the permission of the prop- erty owner. Spot or searchlight is any apparatus designed to project a beam of light for the purpose of advertisement during hours of darkness. Tempory si a�gn shall mean a sign displayed before, during or after an event or occurrence scheduled at a specific time and place, inclusive for example, for rent signs, for sale, construction signs, real estate signs, management signs. Trailer sign is any sign mounted on a vehicle normally licensed by the state as a trailer and used for advertising or promotional purposes. (Code 1974, § 5412; Ord. No. 675, 12-8-97; Ord, No. 2001-50, § 2, 10-22-01; Ord. No. 2003-36, § 4, 10-13-03; Ord. No. 2006-18, § 2, 10-23-06) Cross reference —Definitions and rules of construction generally, § 1.2. Sec. 16-52. Purpose and intent. (a) The purpose of this article is to regulate the umber, size, type, use, design n, construction and location of signs within the city. These regulations are established in order to promote the overall economic well-being of the city, while at the same Supp. No, 10 1046 time providing for the health, safety and welfare of the public by reducing the adverse effects of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the city. These regulations are intended to avoid excessive com- petition and clutter among sign displays in the demand for public attention, eliminate danger- ous, dilapidated and unsightly signs and provide for adequate maintenance and inspection of signs within the corporate limits of the city, consistent with constitutional guarantees and while provid- ing for adequate opportunities for effective means of communication. (b) For purposes of this article, any lawful sign may display a noncommercial message in addi- tion to, or in lieu of, any other message. All noncommercial speech shall be deemed to be on -premises. Nothing in this article shall be con- strued to regulate the content of the message displayed on any sign. (Code 1974, § 5-111; Ord. No. 200648, § 2, 10-23- 06) Sec. 16-53. Building permit required. No person shall erect, alter, repair, replace, or relocate within the city any sign, except as pro- vided in section 16-55, without first obtaining a building permit for such work. No permit shall be issued until the city determines that such work is in accordance with the requirements contained in this article, and such work will not violate the building, electrical, aesthetic or other codes of the city. A sticker, provided by the city showing the permit number and date of expiration of the permit, if any, shall be displayed on each permit- ted sign. (Code 1974, § 5-118; Ord. No. 200648, § 2, 10-23- 06) Sec. 16-54. Applications; permit fees; review period; approval criteria; appeals. (a) All sign permit applications shall be filed on forms supplied by the city. The application shall contain the following information and docu- ments: (1) The name, address and telephone number of the property owner and applicant if different than owner. SIGNS AND ADVERTISING (2) The name, address, telephone number and state license number of the sign con- tractor/manufacturer and if applicable, the same information for the engineer and architect. (3) The street address, legal description and tax identification number of property upon which proposed sign is to be located. (4) The zoning and future land use designa- tion of the property on which the sign is to be located. (5) The type of sign, square footage, height and location of all signs currently located on the premises. (6) The type of sign, square footage, design, sign area, height, location and fully di- mensioned elevation drawings of the sign or sign proposed to be erected on the premises. If the sign is to be electrically lighted, the electrical plans and specifica- tions for the sign. In addition, the name and address of the electrical contractor accompanied by the appropriate electrical permit application. (7) Written permission of the property owner to erect the proposed sign if the applicant is not the property owner. (8) A fully dimensioned site plan showing the lot frontage, building frontage or busi- ness, establishment or occupant frontage, parking areas and location of all existing and proposed signs. For ground signs and temporary signs, the site plan shall show the distance from the right-of-way and property lines, and street corner visibility calculations. (9) For temporary signs, over six (6) square feet, name, date and time associated with the event and a time frame for the tem- porary sign to come down. (10) The type of construction, materials, sign supports, electrical details for the pro- posed sign. (11) Wind load calculations and footer details for the proposed sign as required by the city's adopted building code. (b) A permit fee schedules hall be established by resolution of the city commission. All sign permit applications shall be accompanied by the appropriate sign permit fee. (c) Upon receipt of a completed sign permit application and upon payment of the appropriate sign permit fee by the applicant, the city shall conduct review of the application, the proposed sign and the premises. The city shall grant or deny the sign permit application within forty-five (45) days from the date the application and appli- cation fee were filed with the city, unless aesthetic review of the proposed sign is required under section MOO et seq., then sixty (60) days, or as provided in subsection (h) below. (d) If after review and payment of the permit fee required herein, the city determines that the application meets the requirements contained in the sign code and determines that the proposed sign will not violate any applicable building, elec- trical, aesthetic or other adopted codes of the city, the city shall issue the permit. (e) If, after review as required herein, the city determines that one or more reasons for denial exist, the permit application shall be denied and the city shall report in writing the denial and the reasons therefore to the applicant. The applica- tion shall be denied if one or more of the following reasons are found to exist: (1) The application does not comply with the requirements of this article; or (2) The application violates any applicable building, electrical, aesthetic or other adopted code of the city. (f) Any person denied a sign permit for a sign or an extension of existing sign permit may file a written appeal on the building department's de- cision to the city commission within ten (10) calendar days after receipt of the written decision to deny the permit. The city commission shall hear and decide the appeal de novo within thirty (30) days of the filing of the appeal. The city commission's decision shall be considered final and may be appealed to a court of competent jurisdiction. Supp. No, l0 1047 WINTER SPRINGS CODE (g) Sign permits shall expire one hundred and eighty (180) days after the date of issuance, unless the permitted sign is certified as complete by the city before the expiration of the one hun- dred eighty (180) days. The building department, or the city commission on appeal of a building department decision to deny an extension, may grant one reasonable extension for a period of time not to exceed ninety (90) days upon a show- ing by the permittee of good cause. (h) Notwithstanding any contrary sign appli- cation requirements contained in this section, any person may request that a sign or signs be ap- proved as part of an overall proposed develop- ment plan for a particular land development project. In such cases, the person will be required to submit the plans and specifications of the sign(s) with the plans and specifications for the proposed land development project. The proposed sign(s) will be reviewed and approved in conjunc- tion with the site plan review, aesthetic review, and building permit review. (Code 1974, § 5-119; Ord. No. 2006-18, § 2, 10-23- 06) Sec. 16-55. Exemptions from permit require- ments. (a) The following signs maybe erected without a permit, subject, however, to all remaining re- quirements of these regulations: (1) Traffic control devices installed in accor- dance with applicable provisions of the City Code and the Traffic Control Manual published by the Florida Department of Transportation. (2) Decals affixed to and normally associated with signs painted on equipment, fuel pumps or other types of equipment, pro- vided such decals are affixed with the consent of the equipment owner. (3) Signs wholly within a building or enclosed space, excluding window signs which are further regulated herein. (4) One sign or cornerstone per building, when cut into any masonry surface or when constructed of bronze or other incombus- Supp. No. 10 1048 tible materials and fully and permanently incorporated into the surface of the build- ing. (5) Window signs located on the inside of the building provided the size of the sign shall not exceed four (4) square feet of copy area and the total window copy area shall not exceed twenty (20) percent of the total window glass area for each side of the building or unit thereof. Further, the square footage of the window signs, when added to the total existing signage for the build- ing or unit thereof, does not cause the total signage copy area for the building or unit thereof to exceed the maximum total signage copy area allowed for the partic- ular building or unit thereof. (6) Temporary signs that do not exceed six (6) square feet, provided the signs meet the requirements set forth in sections 16-59 and 16-60. (7) For 911 and emergency response pur- poses, signage identifying the address of the property, which shall be located in a place that is clearly visible from the right- of-way. (Code 1974, § 5420; Ord. No. 2002-21, § 2, 7-8-02; Ord. No. 200648, § 2, 10-23-06s Ord. No. 200648, § 2, 10-23-06) Sec. 16-56. Nonconforming signs. Unless otherwise provided in this article, non- conforming signs shall be subject to Chapter 9, Article XI, Nonconformities. (Code 1974, § 5414; Ord. No. 2003-36, § 4, 10-13- 03; Ord. No. 200648, § 2, 10-23-06) Sec. 16-57. Prohibited signs. The following signs are hereby prohibited: (1) Snipe signs and signs attached to trees; (2) Freestanding signs; (3) Obscene signs; (4) Hazardous signs; (5) Electronic signs, animated signs or signs of a flashing, running or revolving nature; SIGNS AND ADVERTISING (6) Bus stop shelter signs; (7) Any sign placed on public right -of --way that does not constitute a bona fide traffic control device installed for the safety of pedestrians and vehicles; (8) Balloon displays; (9) Spot or search lights; (10) Trailer signs; (11) Off -premises signs; (12) Unless otherwise expressly authorized by the City Code, signs with exposed neon tubing. The use of neon tubing to outline buildings, windows or doors shall be pro- hibited. However, window signs may uti- lize exposed neon tubing for the advertis- ing of products or services provided the size of the sign is less than or equal to four (4) square feet; (13) Backlit awning signs, (14) Discontinued signs, (15) Roof signs; (16) Pole signs; (17) Signs attached to temporary structures; (18) Window signs not meeting the require- ments of section 16-55(a)(5), City Code; (19) Signs located or erected on an inoperable or unlicensed motor vehicle and visible from the right -of --way or adjacent prop- erty; (20) Signs located or erected on a parked mo- tor vehicle which are intended primarily for display purposes and not regularly used for transportation purposes and which are visible from the right-of-way or adja- cent property; (21) Signs painted directly on any exterior wall unless located on property zoned commercial or industrial and such sign is approved by the city commission in accor- dance with the aesthetic review proce- dures set forth in section 9-600, et seq.; (22) Hazardous sign; and § 16-59 (23) Any sign not expressly authorized under the City Code. (Code 1974, § 5-115; Ord. No. 2001-09, § 1, 2-26- 01; Ord. No. 2001-50, § 2, 10-22-01; Ord. No. 2003-06, § % 12-8-03; Ord. No. 2006-18, § % 10-23-06) Sec. 16-58. Waiver. Any property owner may request a waiver from the provisions of this article by submitting an application which specifies in detail each provi- sion of this article to which the property owner seeks a waiver. The waiver application shall be approved or denied in accordance with the crite- ria and procedures set forth in section 20-34, City Code. However, a waiver shall not be permitted from the provisions of sections 16-56 and 16-57. (Code 1974, § 5-117; Ord. No. 2006-18, § 2, 10-23- 06) Sec. 16-59. Construction and maintenance standards. (a) All signs shall be constructed and main- tained in accordance with the provisions and requirements of the city's building codes, electri- cal codes, and other applicable codes. (b) All copy area shall be maintained so as to be legible and complete. (c) All signs shall be maintained in a vertical position unless originally permitted otherwise, anI in good and safe condition. (d) Damaged faces or structural members shall be promptly repaired. (e) Electrical systems, fasteners, and the sign and structure as a whole shall be maintained at all times in a safe condition. (f) Temporary signs shall be constructed of sturdy material such as wood, hard plastic, vinyl, masonite or particle board of sufficient thickness so as to withstand the weather elements com- monly experienced within the city. Cardboard and paper faced temporary signs are strictly prohib- ited unless it is safely fastened, in its entirety, to a backing made of material set forth in this section. (Ord. No. 2006-18, § 2, 10-23-06) Supp. No. l0 1049 WINTER SPRINGS CODE Sec, 16-60. Supplemental temporary sign re- quirements. In addition to any other applicable provision of this article and code, the following minimum standards shall apply to all temporary signs: (a) Temporary signs shall be removed within three (3) days after the date upon which the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has con- cluded). (b) On property zoned residential or used for residential purposes, no temporary sign shall exceed six (6) square feet and the total number of temporary signs on any one residential property shall not exceed four (4). (c) On property zoned other than residential or used for non-residential purposes, no temporary sign shall exceed nine (9) square feet and the total number of temporary signs on anyone non-residential property shall not exceed thirty-six (36) square feet. (d) If the temporary sign is a ground sign, the maximum height of any such sign shall be four (4) feet on property zoned or used for residential purposes, or eight (8) feet on any non-residential property. (e) Such signs shall also meet the following minimum standards: (a) the sign must be at least five (5) feet from any right-of-way; (b) the sign must be at least ten (10) feet from side and rear property lines; (c) the sign shall not be illuminated. (f) Upon issuance of a building permit, areas under development pursuant to an exist- ing development order approved by the city shall be permitted one (1) additional non -illuminated temporary sign not to exceed a sign area of sixteen (16) square feet and six (6) feet in height for a single family lot or thirty-two (32) square feet and ten (10) feet for multi -family, commer- cial, industrial, and institutional develop- ment projects. Signs permitted hereunder shall be permitted for one (1) year or until the building permits for the area under Supp. Mn 10 1050 development have expired or been re- voked. All signs shall be removed when the project has been completed, sus- pended, or abandoned for at least three (3) months. (Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-61. 911 emergency response system. For 911 and emergency response purposes, the primary address of the building shall be displayed on the property and shall be visible from the public or private street. For commercial and in- dustrial buildings, the address or range of ad- dresses shall be incorporated into the signage permitted for the property with numerals/letters u lall al uxu vl Vl�',11{i \v/ 1a11.i1GO lli 11G1�'114, IJUL 1i11C address shall not be counted against allowable copy area. In addition to the address being posted on a single family residential mailbox or single fa enily dwelling, a sign not to exceed three (3) square feet may be posted on the dwelling at the main entrance or in the yard, provided the sign is visible from the public or private street. The address shall not be counted against allowable copy area. (Ord. No. 2006-18, § 2, 10-23-06) Secs. 16-62-16-75. Reserved. DIVISION 2. STANDARDS* Sec. 16-76. Generally. All signs shall be maintained in original condi- tion and maintained in accordance with any per- mitted condition. No sign shall be placed in a city -controlled right -of --way with the exception of authorized traffic control devices. Any sign erected on private property that exceeds six (6) square feet in area requires the payment of a fee to and a permit from the building department, and shall display an official city sticker showing the permit date and any expiration thereof. No sign shall *Cross reference —Buildings and building regulations, Ch. 6. SIGNS AND ADVERTISING obstruct the sight of any roadway or driveway intersection or approach between two (2) feet and five (5) feet from ground level. (Code 1974, § 5-113(a); Ord. No. 200648, § 2, 10-23-06) Sec. 16-77. Outdoor display/billboards—Off- premises signs prohibited. (a) Other than as provided within this section, off -premises signs are strictly prohibited within the City of Winter Springs. (b) Notwithstanding anything in the City of Winter Springs Code of Ordinances to the con- trary, from and after the effective date of Ord. No. 2001-50 [Oct. 22, 2001], the total number of outdoor off -premises signs located in the incorpo- rated areas of the city shall be limited as hereaf- ter specified. (c) The initial limitation on outdoor off -pre- mises signs are the five (5) outdoor off -premises sign structures (hereinafter referred to as "Exist- ing Structure(s)") currently existing in the incor- porated areas of the city (the "Existing Struc- tures"). An inventory of these existing structures dated October 22, 2001, is filed in the community development department and is incorporated herein by this reference. (d) The limit stated in subsection (c) above may only be increased by the number of lawfully existing off -premise sign structures within unin- corporated areas of Seminole County which are annexed by the City of Winter Springs. Contem- poraneously with annexation the city shall con- duct a survey of all existing off -premise sign structures within the annexed portions of unin- corporated Seminole County. The inventory of existing structures, on file with the community development department, shall be amended by resolution of the city commission to include the addition of legally existing off -premise sign struc- tures. (e) The limit stated in subsection (c) above, as may be amended by subsection (d), shall be cor- respondingly reduced upon the occurrence of any of the following: (1) An existing structure is removed incident to a road widening or other public works project; and (2) An existing structure is removed incident to the development or redevelopment of the property upon which the existing struc- ture is located; or (3) An existing structure is removed incident to the expiration of the lease or other agreement authorizing placement of the existing structure on the property. (4) An existing structure which is noncon- forming due to zoning is removed due to destruction, damage or other casualty which results in destruction of fifty (50) percent or more of the support structure for or of fifty (50) percent or more of the face of the sign. (5) An existing structure is removed or mantled by fifty (50) percent or more of the support structure or fifty (50) percent or more of the face of the sign. (6) By the terms and conditions of a develop- ment agreement with the city, except that any development agreement after the ef- fective date of this section shall not allow the removal of an existing structure later than the time that would otherwise be provided by this section. Any existing struc- ture subject to a development agreement with the city prior to the effective date to this section shall be exempt from the provisions of this subsection (e) and shall be removed in accordance with the terms of the development agreement. (f) At any point in time the then current limit on the number of outdoor off -premises signs lo- cated in the incorporated areas of the city shall be the initial limit specified in subsection (c) and as amended by subsection (d) above less the total number of existing structures which have been removed as specified in subsection (e) above. (g) In addition to the limitation specified above, there is hereby imposed a limitation upon the number, size and orientation of the sign faces located upon the existing structures. From and after the effective date of Ord. No. 2001-50 [Oct. 22, 20011, the number of sign faces on an existing structure may not be increased, either by adding an additional face oriented in a different direction Supp. Mn 10 1051 WINTER SPRINGS CODE or by changing the display mechanism to permit the display of multiple signs on a single sign face. From and after the effective date of this Ord. No. 2001-50, no sign face on an existing structure may be increased in size and the orientation of each sign face located upon an existing structure may not be changed. (h) Except for an existing structure which is non -conforming (which cannot be replaced), an existing structure damaged or destroyed by flood, fire, earthquake, war, riot, act of God or other similar casualty loss may be reconstructed in the same location with the same (or smaller or fewer, as the case may be) size and number of sign faces. An existing structure may not be relocated to another location. (i} c,xcepc as specincaiiy authorized by permit issued by the State of Florida Department of Transportation or as required by specific state statute, no trees or vegetation shall be removed or trimmed from the property upon which an out- door off -premises sign is located or from property adjacent thereto in order to enhance the visibility of the outdoor off -premises sign. (j) In connection with any off -premise signs which are erected or constructed in violation of the provisions of this section, each day that said sign remains erected in violation of this section shall constitute a separate violation and each person responsible for erecting or constructing such off -premise sign, including but not limited to the real property owner, shall pay the city a penalty of five hundred dollars ($500.00) per day until the off -premise sign is removed. (Code 1974, § 5-113(b); Ord. No. 2001-50, § 2, 10-22-01; Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-78. Same —On -premises signs. (a) Any outdoor advertising display/billboard on -premises sign attached to a building shall have a total allowable copy area, of one (1) square foot for each lineal foot of store frontage. (b) Such signs not attached to a building shall be placed not less than twenty-five (25) feet from any intersection, with a maximum copy area of thirty-two (32) square feet on each side. Double. sided or ' V" signs are permissible provided they S11pp. No. 10 1052 are constructed with an inner angle not to exceed thirty (30) degrees. The maximum height of a sign shall not exceed twelve (12) feet unless otherwise expressly provided in this article. (c) Signs not attached to a building, proposed as part of a development plan, may be reviewed and approved at the applicant's request in con- junction with the city's site plan and sign permit review process. If the sign is not proposed during the site plan review process, a separate sign permit application shall be required under this article. (Code 1974, § 5413(c); Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-79. Supplemental sign regulations. �� sigua stiaii aisu eornpiy wicii ocher appnca- bl , supplemental sign regulations including, but not limited to, the S.R. 434 Corridor Regulations, Town Center District Code, and Minimum Com- munity Appearance 9nd Aesthetic 'Reviow Ston- Bards set forth in section 9-600 et seq. (Ord. No. 2006-18, § 2, 10-23-06) Secs. 16-80-16-84. Reserved. Editor's note —Ord. No. 2006-18, § 2, adopted Oct. 23, 2006, repealed former §§ 16-80-17-84 in their entirety. These former sections dewed from the Code of 1974 and respectively pertained to political signs, construction signs, real estate signs, garage sale signs and directional signs. Sec. 16-85. Bench signs. A franchise agreement between the city and the applicant shall be required before bench signs are permitted to be installed. Bench signs are permitted subject to the terms and conditions of such franchise agreement. (Code 1974, § 54130)) Sec. 16-86. Reserved. Editor's note —Ord. No. 2006-18, § 2, adopted Oct. 23, 2006, repealed former § 16-86 in its entirety which pertained to identification signs and derived from the Code of 1974. Sec. 16-87. Banners. A maximum of one (1) on -premises banner sign may be erected on commercial, industrial, or multi -family zoned property provided that the SIGNS AND ADVERTISING banner does not exceed sixty-four (64) square feet and is not erected for more than fourteen (14) calendar days during any one calendar year. A maximum of one (1) on -premises banner sign may erected on property zoned residential provided the banner does not exceed twenty-four (24) square feet and is not erected for more than three (3) calendar days during anyone calendar year. All banner signs shall be securely fastened to a structure in a manner to withstand weather ele- ments commonly experienced by the city. (Code 1974, § 5-113(1); Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-88. Weather. All nonpermanent signs shall be moved to a secure location upon a warning of high winds or hurricane by the National Weather Service. (Code 1974, § 5416) Sec. 16-89. Enforcement. (a) Removal of signs. Private signs on public property or public rights -of --way may be removed by the city or its agents without notice to the sign owner. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the code en- forcement officer or the building official, the owner thereof, or person maintaining the sign, shall, upon receipt of written notification from the build- ing official or code enforcement officer, immedi- ately secure the sign, cause it to be placed in good repair or remove the sign. (c) Removal of illegally erected signs. The owner, owner's agent, or person in control of any property where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the code enforce- ment officer or building official that a sign is illuminated in violation of this chapter, the owner, owner's agent, or person in control of the pre- mises, shall immediately terminate the prohib- ited illumination of such sign. (e) Emergencies. In the case of emergency sit- uations. the city manager or the city manager's designee is hereby authorized to take such steps that may be necessary to secure or remove signage that poses a threat to the public health, safety, anI welfare. (Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-90. Implied consent. Any person applying for, and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the following: (1) Consents to complying with all provisions of this Code: and (2) Consents for city officials to come on vate property to inspect all signage and to remove illegally erected signs upon rea- sonable advanced notice by the city. (Ord. No. 200648, § 2, 10-23-06) Sec. 16-91. Viewpoint neutral. Notwithstanding anything in this chapter or code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure. (Ord. No. 200648, § 2, 10-23-06) Sec. 16-92. Severability. (a) General If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or any other supple- mental sign regulation set forth in section 16-79 is declared unconstitutional by the valid judg- ment or decree of any court of competent jurisdic- tion, the declaration of such unconstitutionality shall not affect any other part, section, subsec- tion, paragraph, subparagraph, sentence, phrase, use, term, or word of this article or any other supplemental sign regulation. (b) Severability where less speech results. With- out diminishing or limiting in any way the decla- ration of severability set forth above in subsection (a), or elsewhere in this article or any other supplemental sign regulation set forth in section 16-79, this article or any supplemental sign reg- ulation, or any adopting ordinance thereof, if any part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of S11pp. Mn 10 1053 § 16-92 WINTER SPRINGS CODE this article or supplemental sign regulation is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or supplemental sign regulation, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. (c) Severability of provisions pertaining to pro- hibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this article or other supplemental sign regulation set forth in section 16-79, or any adopting ordinance thereof, if any part, section, subsection, para- graph, subparagraph, sentence, phrase, clause, term, or word of this article or any supplemental sign regulation or any other law is declared un- constitutional by the valid judgment or decree of any court of competent jurisdiction, the declara- tion of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or supplemental sign regula- tion that pertains to prohibited signs, including specifically those signs and sign -types prohibited and not allowed under section 16-57 of this arti- cle. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 16-57 is declared uncon- stitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subpara- graph, sentence, phrase, clause, term, or word of section 16-57. (d) Sever•ability of prohibition on off -premises signs. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, supplemental sign regulation set forth in section 16-79 and/or any other Code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the decla- ration of such unconstitutionality shall not affect the prohibition on off -premises signs as contained in this article and Code. (Ord. No. 2006-18, § 2, 10-23-06) Supp. No. 10 1054 [The next page is 1101] Chapter 19 UTILITIES* Article I. Solid Waste Sec. 19-1. Garbage service to be provided for certain tenants. Sec. 19-2. Solid waste services; rates; penalties and enforcement for non- payment. Secs. 19-3-19-25. Reserved. Article II. Wastewater System Division 1. Generally Sec. 19-26. Definitions. Sec. 19-27. Use of wastewater system. Sec. 19-28. Required use of public sewers. Sec. 19-29. Private septic tanks. Sec. 19-30. Enforcement board. Sec. 19-31. Penalties and charges. Secs. 19-32-19-50. Reserved. Division 2. Administration Sec. 19-51. Inspection and monitoring. Sec. 19-52. Industrial wastewater contribution permit. Sec. 19-53. Enforcement. Secs. 19-54-1940. Reserved, Division 3. Use Regulations Sec. 19-71. Discharges prohibited. Sec. 19-72. Contaminants prohibited. Sec. 19-73. Pretreatment. Sec. 1944. Accidental discharge protection. Secs. 1945-19-90. Reserved. Division 4. Rates, Fees and Charges Sec. 19-91. Definitions. Sec. 19-92. Intent. Sec. 19-93. User charge system. Sec. 19-94. Conservation methods. Sec. 19-95. Revenues. Sec. 19-96. User charges. Sec. 19-97. Billing, payment, delinquency. Sec. 19-98. Appeals. Sec. 19-98.5. Policy for bill adjustments for unexplained excessive use. Sec. 19-99. Annual rate review. Sec. 19-100. Application requirements. Sec. 19401. Office hours. *Cross references -Administration, Ch. 2; code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; buildings and building regulations, Ch. 6; plumbing code adopted, § 6-126; utility easements not to be enclosed or fenced, § 6-192; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; requirements for water and sewer systems in land development code, § 9-261 et seq.; planning, Ch. 15; taxation, Ch. 18; public service tax levied, § 18-26 et seq. Supp. No. 10 1227 WINTER SPRINGS CODE Sec, 19-102. User charge schedule, general. Secs. 19-103-19-125. Reserved, Division 5. Sewerage Revenue Generation System Sec. 19-126. Accounts established. Sec. 19-127. Deposits. Sec. 19-128. Expenditures. Sec. 19429. Accountant certification of adequate maintenance. Secs. 19-130-19-135. Reserved. Article III. Reclaimed Water System Sec. 19-136. Definitions. Sec. 19-137. Routing and construction. Sec. 19-138. Rates and charges. Sec. 19-139. Promulgation and enforcement of service procedures and regula- tions. Sec. 19440. Inspection. Secs. 19441-19-145. Reserved. Article IV Potable Water Supply Division 1. Generally Secs. 19-146-19-149. Reserved, Sec. Sec. Sec. Sec. Sec. Sec, Sec, Secs. Sec. Sec. Sec, Sec, Sec, Sec. Sec, Sec. Sec, Sec, Sec, Division 2. Cross -Connection Control, Backflow Prevention . Intent. 19-150 19-151. Manual of cross -connection control adopted by reference; compli- ance required. 19-152. Changes to manual. 19-153. Administration. 19-154. Inspection and testing, right of access. 19-155. Installation, testing and maintenance of backflow prevention devices. 19-156. Cross -connection violations and penalties. 19-157-19-160. Reserved, 19-161. 19-161.5 19-162. 19-163. 19-164. 19-165. 19-166. 19-167. 19-168. 19-169, 19-170. Sec, 19470.5. Sec. 19-171. Sec. 19-172. Article V. Stormwater Management Utility Title. Purpose and intent. Definitions. Stormwater management utility fee created. Schedule of rates. Billing, payment, penalties and enforcement. Adjustment of fees. Stormwater management utility fund. Powers, duties and responsibilities of director. Prohibited acts, generally. Discharges into natural waters and the municipal storm sewer system. Stormwater discharges from industrial, commercial and construc- tion activities. Prohibition of illicit discharges and illicit connections. Control of pollutant contributions fi•om interconnected municipal storm sewer systems. Supp. No. 10 1228 UTILITIES Sec. 19-173. Inspection, monitoring for compliance and operational mainte- nance requirements. Sec. 19-174. High risk screening. Sec. 19-175. Enforcement, penalties and legal proceedings. Secs. 19-176-19499. Reserved. Article VI. Water Shortage Conditions and Shortages Sec. 19-200. Intent and purpose. Sec. 19-201. Definitions. Sec. 19-202. Application of this article. Sec. 19-203. Implementation. Sec. 19-204. Water uses, surcharges and factors considered. Sec. 19-205. Enforcement. Sec. 19-206. Exceptions. Sec. 19-207. Penalties. Sec. 19-208. Water use constitutes acceptance of provisions of article. Secs. 19-209-19-250. Reserved, Article VII. Reserved Secs. 19-251-19-299. Reserved. Article VIII. Utility Protection and Enforcement Sec. 19-300. Utility meters to be furnished by and remain property of city; all water must pass through meter. Sec. 19-301. Right of entry of authorized agents or employees. Sec. 19-302. Tampering with city utility system. Sec. 19-303. Trespass. Sec. 19-304. Enforcement. Supp. No. 10 1229 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 1230 UTILITIES ARTICLE I. SOLID WASTE Sec. 19-1. Garbage service to be provided for certain tenants. (a) Property owners owning property in multi- family residential or commercial zoning classifi- cations who lease such properties to tenants shall provide garbage collection and removal services for the properties they own. (b) Such garbage collection and removal ser- vices shall include a sufficient number of commen cial or industrial size dumpsters to adequately accommodate the volume of garbage generated by the property and its tenants. (c) Any person who violates this section shall be subject to the penalties prescribed in section 1-15. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited con- ditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. No. 409, §§ 1-3, 2-22-88) Sec. Min -2. Solid waste services; rates; penal- ties and enforcement for nonpay- ment. (a) All property owners shall be required to utilize the solid waste services provided by the city in accordance with any applicable solid waste franchise awarded by the city and in accordance with other applicable law. (b) Solid waste services shall be subject to rates established by resolution adopted by the city commission. Solid waste fees shall become due and payable in accordance with any applica- ble franchise agreement and as provided by the rules and regulations established by the city manager pertaining to the collection of utility fees. (c) All solid waste fees assessed pursuant to this section shall be a lien upon the property to which such fees are associated from the date said § 19-20 fees become due until such fees are paid. The city manager is authorized to record evidence of this lien in the public records of Seminole County, Florida, at such time the fees remain unpaid for more than ninety (90) days for a particular prop- erty. The lien shall accrue interest at the statu- tory interest rate imposed for judgments in Flor- ida. The lien shall be prior to all other liens on such property except the lien of federal, state, county, and municipal taxes and shall be on a parity with the lien of such federal, state, county, and municipal taxes. In the event the city must take such action to enforce the lien, the city shall be entitled to recover all costs associated with collecting the unpaid fees including, but not lim- ited to, court costs and reasonable attorney's fees. (d) Nothing set forth herein shall limit the city's authority to otherwise collect or enforce payment of solid waste fees as provided by law. (Ord. No. 200743, § 2, 4-23-07) Secs. 19-3-19-25. Reserved. ARTICLE II. WASTEWATER SYSTEM* DIVISION 1. GENERALLY Sec. 19-26. Definitions. As used in this article, and unless the context specifically indicates otherwise, the following terms anI phrases shall be defined and construed to mean as follows: Approval authority. The state director in an NPDES state with an approved state pretreat- ment program and the administrator of the USEPA in a non-SPDES state or NPDES state without an approved state pretreatment program. Biochemical oxygen demand (BOD). The quan- tity of oxygen utilized in the biochemical oxida- tion of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade, expressed in terms of weight and concentration (milligrams per liter (mg/1)). *Cross reference —Reclaimed water system, § 19-136 et seq. Supp. No. l0 1230.1 WINTER SPRINGS CODE Building sewer. The extension from the build- ing drain at a point five (5) feet outside of the outer building wall to the public sewer or other place of disposal, the building drain being the lowest horizontal piping of a building's interior drainage system which receives wastewater from the building's interior and conveys it outside the building wall. Cooling water. The water discharged from any use such as air conditioning, cooling or refrigera- tion, or to which the only pollutant added is heat. Director. The utility manager of the city waste- water treatment works and freshwater distribu- tion system who is in responsible charge of the wastewater treatment works or his authorized deputy, agent or representative. Domestic wastewater Sewage produced from noncommercial or nonindustrial activities and resulting from normal human living processes, substantially similar in origin and strength to that typically produced in households, including but not limited to discharges from baths, laun- dries, sinks, garbage disposals and sanitary con- veniences. EPA or USEPA. The United States Environ- mental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of the agency. FDER. The Florida Department of Environmen- tal Regulation and its duly authorized officials. Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum -pump tank trucks. Industrial user: A source of wastewater and wastes, excluding domestic wastewater and in- cluding wastewater from agricultural, commer- cial, governmental, industrial, institutional, man- ufacturing, processing, producing and other operations from which the discharge includes waste of non -human origin not otherwise classi- fied as domestic wastewater. Interference. The inhibition or disruption of the wastewater treatment works treatment processes or operations which contributes to a violation of any requirement of the city operating authority or permit granted by FDER or other authorizing or permitting agency. The term includes preven- tion of sewage sludge use or disposal by the wastewater treatment works in accordance with section 405 of the Federal Water Pollution Con- trol Act, (33 U.S.C. 1345) or any criteria, guide- lines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA, applicable to the method of disposal employed by the wastewater treatment works. National categorical pretreatment standard or pretreatment standard. Any regulation contain- ing pollutant discharge limits promulgated by the USEPA in accordance with section 307(b) and (c) of the Federal Water Pollution Control Act (33 U.S.C. 1347) which applies to a specific category of industrial useis. National pollution discharge elimination sys- tem (NPDES) permit. A permit issued pursuant to section 402 of the Federal Water Pollution Con- trol Act (33 U.S.C. 1342). Natural outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater. pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution which expresses the degree of acidity or alkalinity. Pollutant. Any dredged spoil, solid waste, in- cineratorresidue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or dis- charged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste dis- charged into water, or any other material capable of altering the integrity of water. Pretreatment or treatment. The reduction of the amount of pollutants, the elimination of pollut- ants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the wastewater Supp. No. 10 1230.2 UTILITIES system. The reduction or alteration can be ob- tained by physical, chemical or biological pro- cesses, or by process changes or other means, except as prohibited by 40 Code of Federal Regu- lations section 403.6(d). Storm sewer. A sewer which carries stormwater and other drainage. Stormwater. Any flow occurring during or fol- lowing any form of natural precipitation and resulting therefrom. Suspended solids (SS). The total suspended matter that floats on the surface of, or is sus- pended in, water, wastewater or other liquids, and which is removable by laboratory filtering. Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promul- gated by the administrator of the USEPA under the provision of section 307(a) of the Federal Water Pollution Control Act or other acts. User. Any person who contributes, causes or permits the contribution of wastewater into the wastewater treatment works. Wastewater or sewage. The liquid and water - carried industrial or domestic wastes from dwell- ings, commercial buildings, industrial facilities, institutions, or other outlets, together with any groundwater, surface water, or stormwater that may be present whether treated or untreated, which is contributed or permitted to enter the wastewater treatment works. Wastewater• treatment plant. That portion of the wastewater treatment works designed to pro- vide treatment to wastewater. Wastewater• treatment works. The complete mu- nicipal sewer system including sanitary sewers, lateral sewer lines and other sewer facilities con- structed or acquired by the city, including such purification and treatment facilities and works as may be provided during the course of sewage disposal, together with all improvements, exten- Supp. No. 10 1230.3 § I9-26 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 1230.4 UTILITIES that such fees are required by the Code of Ordi- nances, the charges may be established by the city commission and assessed at the time of application. (f) Service availability charges. A new user requiring a new connection to the sewer and water treatment facilities shall pay a charge for sewer and water capacity available at the treat- ment facilities, distribution system and collection system. The charge shall be assessed on a per - gallon basis and shall be related to the cost of providing such capacity. Developers will be re- quired to enter into a developer's agreement, which outlines in more detail the requirements of connection to the city's utility system. These charges do not include actual physical connection to the utility system. (Code 1974, § 1645) Sec. 19-97. Billing, payment, delinquency. Users of the water and/or wastewater system shall be billed monthly and payment shall be due when rendered. If payment is not received by the city in full within twenty (20) days from the date of mailing, the unpaid amount is to be considered to be in arrears and shall be considered delin- quent and a delinquent notice will be issued. If there is an arrearage amount due when the delinquent bill is printed, a late fee will be as- sessed at the rate of five (5) percent per month on the arrearage amount or five dollars ($5.00), whichever amount is greater; except the city manager is authorized to waive the late fee one time during the lifetime of a customer's account. The customer shall be notified of the delinquent amount along with the late fee charges by refer- ence in the mailing of a delinquent notice as considered necessary by the city manager or his designee. If the entire bill if not paid in full within ten (10) days from the date of mailing of the delinquent notice, service shall be discontinued. A be of thirty dollars ($30.00) shall be assessed to reinstate service, and a fee of thirty-five dollars ($35.00) shall be assessed for reinstatlment of a meter if removed for nonpayment or unable to lock -off. However, if a customer has never previ- ously been disconnected by the city and has had no more than two (2) late fees over the previous three-year period, the city manager is authorized § 19-98.5 to waive the reinstatement fee. A fee of twenty dollars ($20.00) or five (5) percent of the face amount of the check, whichever is greater, shall be assessed for each check returned for insuffi- cient funds or closed account. Any customer who has two (2) returned checks within a six-month period will be required to make payment in cash or money order. (Code 1974, § 16-46; Ord. No. 449, § I,1-9-89; Ord. No. 538, § I, 1244-92; Ord. No. 702, § I, 6-8-98; Ord. No. 2002-20, § 2, 6-24-02; Ord. No. 2007-08, § 2, 4-9-07) Sec. 19-98. Appeals. (a) Any user who feels their monthly bill for water and sewer service is unjust and inequitable may make written application to the city manager or his designee requesting a review of their monthly bill within ten (10) days after the date of render- ing the bill by the city. The written request shall, at a minimum, show the basis of the adjustment, including the actual or estimated average flow of the water and sewer use in comparison to the amount upon which the charge is based and include a statement explaining the methods used in calculating the measurements or estimates for the appeal. (b) The city manager or his designee shall review the request and, if substantiated, the monthly bill for that user shall be recomputed based on the revised flow data and the new charge shall be adjusted on the next bill. The decision of the city manager may be appealed to the city commission whose decision shall be final and binding. (Code 1974, § 16-47; Ord. No. 702, § II, 6-8-98) Secs. 19-98.5. Policy for bill adjustments for unexplained excessive use. (a) Definitions: Except as otherwise provided for in this Resolution, all definitions reflected in Chapter 19 entitled "Utilities" are applicable to the provisions of this policy. (1) Unexplained excessive use shall mean the amount of potable water use metered by the city at an individual customer's premise for a single billing period which is not considered as being customary for that Supp. No. 10 1241 § 19-98.5 WINTER SPRINGS CODE account and is not known as to why the be at least four (4) times the average consumption occurred based on the usage water use of such account for the last criteria reflected in this policy. twelve (12) consecutive months as (2) Individually metered residential service metered and billed by the city. shall refer to those water accounts classi- b. The metered water use of an account fled as being residential whose domestic for the particular billing period shall water requirements are individually me- be at least two (2) times the previous tered by the city. If the applicable cus- highest monthly water use of such tomer has a single water meter that reg- account for the last twelve (12) con- isters both domestic and irrigation water secutive months as metered and billed consumption, the measured water con- by the city. sumption associated with this meter will c. Water service to the account must be considered as domestic water use. If have occurred for a minimum of the applicable customer has a dual domes- twelve (12) consecutive months prior tic and irrigation service (two meters) to the month where the unexplained which allows for the separate metering of excessive use as occurred with no both types of water use, only the meter months having a zero (0) usage ne- which measures water consumption pri- riod. marily for indoor use will be considered as d. The occupants of the subject residen- the metered domestic water use for the tial account must have lived in the purposes of this policy. residence continuously for twelve (1_2) (3) Applicant shall mean the customer, prop- consecutive months consistent with erty owner, or person that applies for an the historical water use period that unexplained excessive use credit with the is being relied upon in the determi- city pursuant to the terms of this policy. nation of unexplained excessive use. (4) Rate ordinance shall refer to Chapter 19 e. The net amount of metered potable entitled "Utilities" of the city's Code of water registered at the domestic Ordinances which delineates, among other meter which is considered as being things, i) the monthly rates for water and excessive for the particular billing wastewater services ii) provisions regard- period must be a minimum of twenty ing the billing, payment, and delinquency thousand (20,000) gallons when com- of utility bills; iii) appeals for the review of pared to the average and maximum monthly utility bills by an account or month water use for the account. property owner to the city; and iv) other (2) In the review of the water use and appli- applicable provisions relative to the ren- cant characteristics as it relates to the dition of service to the city's utility cus- review of the excessive use criteria dis- tomers which are relied upon in the de- cussed in subsection 19-98.5(b)(1) above, termination of this policy, all of the criteria must be satisfied in (b) Unexplained excessive use criteria: order for the city to consider any utility bill adjustment in accordance with this (1) The criteria used by the city in the deter- policy. The requirements for providing proof mination of unexplained excessive water of occupancy during the previous twelve use in a particular billing period for an (12) months are the responsibility of the individually metered residential account applicant. as it relates solely to the application of this policy is as follows: (c) Applicability: The unexplained excessive use policy is only applicable to individually mew a. The metered water use of an account tered residential accounts and does not include for the particular billing period shall service to master -metered residential service, com- Supp. No, 10 1242 UTILITIES § 19-98.5 mercial or non-residential service, or individually c. The city will perform a flow or "bench" metered irrigation service. For single family res- test of the meter that was removed idences that have a separate meter specific for from the applicant's premise with measuring irrigation or outdoor water use, this the city's testing equipment to verify policy does not apply to any water use measured the flow registration accuracy of such by this irrigation meter. For those accounts that meter. are not subject to the provisions of this unex- plained excessive use policy, such accounts may d. Only with the prior receipt of the still follow the general utility bill appeal process concurrence from the applicant which as allowed by the city's rate ordinance. filed the application for the exces- sive use adjustment, the city will (d) City field service requirements: send a utility field representative to (1) Any applicant receiving individually me- the applicant's premise or property tered residential service who feels that to conduct a general visual review of the monthly bill for potable water service such premises to identify any unique is excessive and the reasons for such circumstances and to assist the cus- excessive use is not known or explainable tomer with addressing the unex- by the applicant may make a written plained excessive use situation. This application or make an on -site appear- review is not considered by the city ance (the "application") to the finance as a detailed inspection or water use director or his/her designee requesting for audit of the property to verify use or a bill evaluation and potential adjust- specific conditions and is expected to ment in accordance with this policy. The be performed during the removal of application by the applicant must be within the existing meter and the installa- ten (10) days after the date of rendering tion of the new meter. (mailing) of the bill by the city. e. The city will notify the applicant by (2) Once an application is made by an appli- direct mail the results of the city's cant for review of the utility bill accor- meter flow test and report whether dance with this policy and the unex- the meter was registering potable plained excessive use meets the water use water use within the accuracy limits criteria as delineated in this policy as established by the meter manufac- determined by the city, the city shall per- turer within, to the extent practical, form the following field service activities five (5) business days after the re- in order to evaluate the metered water moval of the meter from the consumption at the applicant's premise: applicant's premise. a. The city will reread the water con- sumption at the meter to verify the (e) Calculation of excess potable water use po- accuracy of the initial water reading tentially eligible for credit: and for consistency in the amount of (1) If the city determines that the potable water consumption billed to the ape, water meter that was removed from the plicant. applicant's premise was measuring the b. The city will remove the current potable water use at such premise inaccu- meter from the applicant's premise rately, the city will recalculate the utility and install a new meter which is bill in accordance with its general policy considered by the city to be measur- and notify the applicant of the amount ing potable water use within the due. To the extent that the recalculated accuracy standards as defined by the bill would still result in an unexplained meter manufacturer of the particu- excessive use position, then the provi- lar meter being installed. sions of this policy will still be applicable. Supp. No. 10 1243 § 19-98.5 WINTBR SPRINGS CODE (2) Based on the city's review of the prior old for the determination of the un- twelve (12) months domestic metered wa- explained excessive use credit. In no ter consumption history when compared event will the adjusted usage amount to that period of time (not to exceed one exceed the maximum wastewater bill- (1) billing period) for which the unex- ing threshold for individually me- plained excessive water use was mea- tered residential customers as re- sured by the city, the city will determine flected in the city's rate ordinance. the unexplained excessive use credit as To the extent that the amount of the follows: unexplained potable water use being a. The city will determine the average considered as excessive use results monthly water use for the applicant in an increase in the amount of waste - during the previous twelve (12) water use being billed to the appli- months that will serve as the maxi- cant, the amount of such use above mum water consumption or usage the maximum monthly wastewater (rate) threshold for the determina- billed will be credited to the appli- tion of the unexplained excessive use cant. Specifically, the amount of credit. The difference between the wastewater billed for the particular billin^ ..,. 4; A „r acr ,4^, ,,,T, ..,;11 r t actual metered water consumption b r". " "' .. Vy vv " registered by the meter and the con- exceed the maximum amount of sumption determined to be the max- wastewater billed during any billing imum water use threshold will i) period during the previous twelve i"onoidoed as being used �y the ap- plicant months for such applicant. and ii) will be billed at the d. If the unexplained excessive use credit first water consumption block rate as calculated by the city is accepted applicable to the individually me- by the applicant, the city will adjust tered residential class in effect at the amount of the water and/or waste - the time of the application for the water bill due the city and the total unexplained excessive use credit by amount of the adjusted bill will be the applicant, all in accordance with due and payable to the city by the the provisions of the city's rate ordi- applicant in accordance with city pol- nance. icy. b. The amount of metered water con- e. Included on Attachment A is a tem- sumption not considered as being plate and example to illustrate the excessive (i.e., up to and equal to the calculation of the unexplained exces- maximum water use threshold) will sive use credit. be calculated in accordance with the prevailing water consumption or us- ( Payment provisions. age rates in effect at the time of the (1) All provisions of the rate ordinance rela- application for the unexplained ex- tive to the payment of utility bills are cessive use credit by the applicant, applicable under this policy. all in accordance with the provisions of the city's rate ordinance. (2) If the adjusted utility bill for service, even after the recognition of the excessive use c. If the applicant also receives waste- credit, results in a monthly bill which is in water service from the city, the city excess of one hundred dollars ($100.00) of will determine the maximum monthly the maximum bill incurred for utility ser- wastewater to be billed to the appli- vice by the applicant during the previous cant based on the amount of use twelve (12) months, the city at its sole which would be billed recognizing discretion may allow for the payment of the maximum consumption thresh- the excess water use component of the bill Supp. No. 10 1244 UTILITIES on an installment basis. The payment of the excess water use on an installment basis will not exceed six (6) consecutive months and will be billed uniformly over the installment period. The installment period must be finalized between the city and the applicant prior to the due date of the current utility bill that was under review by the city and will be included on the utility bill for monthly service during the installment period. The billing of the installments will begin on the next imme- diate bill for service. In no event will the city allow the payment of the excessive water use on an installment basis if the applicant has not achieved a good pay- ment history (no delinquent payments or if applicant has had service discontinued for nonpayment) during the past twelve (12) months of service. (3) To the extent that an applicant elects the installment method of payment of the unexplained excessive use charges, all of the city's rules and regulations relative to the billing and payment for service in accordance with the city's rate ordinance will apply, including the provision that the applicant's utility service may discon- tinued for the nonpayment of utility ser- vice. (4) If the applicant requests a verification of the flow test performed by the city by a third party (e.g.meter manufacturer or another utility), and the results of such test are consistent with the results of the city's flow test (whereby the results would not result in a change of general accuracy of the meter), the applicant will be respon- sible for the actual cost of such tests. The actual cost is the amount invoiced by the third party to the city for the performance of the additional flow test and will not include any costs or markup for adminis- tration by the city. If the test results performed by the third party indicate that the meter is not registering within the accuracy limits in accordance with city policy, the meter will be considered as being inaccurate and the bill recalcula- tion policy of the city will be performed. (5) To the extent that the applicant does not accept the results of the unexplained ex- cessive use credit as determined by the city under this policy, then the entire amount as initially billed by the city for utility service shall be due and payable in accordance with the provisions of the rate ordinance. The applicant shall have the right to appeal the utility bill in accor- dance with the provisions of the rate ordinance. Any reductions in the amount billed which may be due to the applicant as a result of the appeal of utility bill will be credited by the city in the next imme- diate bill rendered to the applicant after the appeal has been finalized. (g) Limitations on adjustment eligibility and other miscellaneous provisions: (1) No unexplained excessive use credit to an applicant's utility bill determined in ac- cordance with this policy will be permit- ted more than once a year or no more than twice within ten (10) years. No unex- plained excessive use credit will extend beyond one (1) billing period. (2) If an applicant accepts the unexplained excessive use credit as determined by the city and the credit is applied to the applicant's monthly utility bill, the appli- cant will waive the right to subsequently appeal the said utility bill in accordance with the provisions of the rate ordinance. S. No. 2001-39, §§ I—VII, 10-29-01) Sec. 19-99. Annual rate review. (a) The city shall review the user charge at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of operation and maintenance and replacement including depreciation and debt ser- vice and the sewerage system capital improve- ment account. The system shall also be reviewed to ensure that it continues to provide for the proportional distribution charges among users anI user classes. Supp. No. 10 1245 WINTER SPRINGS CODE (b) The city shall notify each user at least annually of the rate being charged for operation, and maintenance, and replacement including debt service and depreciation of the water and sewer utility system. (Code 1974, § 16-48; Ord. No. 702, § III, 6-8-98) Sec. 19-100. Application requirements. (a) All applications shall be made at the busi- ness office during office hours. (b) Each applicant shall be required to provide information and pay fees at the time of applica- tion. (1) Residential users. Application shall in- clude but not be limited to the following information: a. Names) of applicant; b. Address for which the service is re- quested and the residence of the applicauJ. b, i dif ereiii.; and c. Residence telephone number of the applicant at the service address and at the residence address, if different. A deposit fee and an application fee shall be assessed at the time of application for service. The deposit fee shall accrue inter- est at a rate not to exceed six (6) percent per annum as determined periodically by the city manager or his designee, and shall be paid annually to the applicant. Upon completion of twenty-five (25) months of service with no delinquents during the previous twenty-four (24) months, the de- posit will be refunded. The twenty -five - month time period will commence again upon the first turn off of service for non- payment. A new deposit will be required to be paid by the customer upon the first time service is discontinued after the orig- inal required deposit has been refunded. However, if a customer has never been previously disconnected by the city and has had no more than two (2) late fees over the previous three-year period, the city manager is authorized to waive the new deposit. When service is terminated, the deposit plus the interest less any Supp. No. l0 1246 outstanding fees and charges shall be refunded to the user. The residential de- posits will be based on the services pro- vided by the city to such residence. The following deposit schedule shall apply: Residential Deposit Amount* Water only service ......... $30.00 Sewer only service ......... MOOWater and sewer service.... 100.00 *Reflects deposit for water and wastewa- ter service only; other deposits for ser- vices billed on the utility bill, if any, are in addition to the above -referenced deposits. An inspection fee shall be assessed at application and for each connection when applicable; refer to miscellaneous charges, section 19-102(5)c. (2) Nonresidential users. Application shall in- c11100 sal^.1� infrrm^tirn as VIC utility di- rector prescribes and that is necessary for classification, reference, and other simi- lar identification purposes. A deposit fee and an application fee shall be assessed at the time of application. The deposit fee shall accrue interest at a rate not to exceed six (6) percent per annum as determined by the city manager or his designee, and shall be paid annually to the applicant. The deposit shall be held for the term of service. When service is terminated, the deposit plus interest less any outstanding fees and charges shall be refunded to the user. The deposit shall be equal to two (2) times the average monthly bilI for service as determined by the city manager or his designee; but in no event shall the deposit be less than two hundred twenty-five dollars ($225.00). An inspection fee shall be assessed at application and for each connection when applicable; refer to miscellaneous charges, section 19-102(5)c. (Code 1974, § 16-49; Ord. No. 449, § II, 1-9-89; Ord. No. 358, § II, 12-14-92; Ord. No. 702, §§ IV, V, 6-8-98; Ord. No. 2002-20, § 3, 6-24-02; Ord. No. 2007-082 § 3, 4-9-07) UTILITIES Sec. 19-101. Office hours, (a) The business office is located at 1126 East State Road 434, Winter Springs, Florida. It is open Monday through Friday, 8:00 a.m. to 5:00 p.m. A night drop box may be provided for afterhours payment. (b) In case of an emergency, contact the busi- ness office. Emergency service shall not be avail- able to users whose account is delinquent. (Code 1974, § 16-50; Ord. No. 702, § VI, 6-8-98) Supp. No. 10 1246.1 § 19-101 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 1246.2 UTILITIES to be in violation of the provisions of an NIDES permit. Owners of any portion of the Seminole County interconnected MS4 shall be responsible for controlling the quality and quantity of dis- charge of stormwater to the city's MS4. (Ord. No. 2004-01, § 22 1-26-04) Sec. 19-173. Inspection, monitoring for com- pliance and operational main- tenance requirements. (a) City personnel shall be granted access for inspection of facilities discharging or suspected of discharging to the city's MS4 or waters of the United States in order to effectuate the provisions of this ordinance and to investigate violations or potential violations of any of the terms herein. All structures and processes which allow discharges to the city's MS4, as well as records concerning them, shall be made accessible to the city's per- sonnel for this purpose. (b) Structural controls and other BMPs used for controlling the discharge of pollutants to the city's MS4 or to waters of the United States shall be operated and maintained so as to function in accordance with permitted design and perfor- mance criteria and in compliance with federal, state or local permit conditions and regulations. (1) The operation and maintenance entity is required to provide for periodic inspec- tions of the stormwater management sys- tem to insure that the system is function- ing as designed and permitted. (2) The following operational maintenance activities shall be performed on all public stormwater systems on a regular basis or as needed: a. Removal of trash and debris; b. Inspection of inlets and outlets; c. Removal of sediments when the stor- age volume or conveyance capacity of the stormwater management sys- tem is below design levels; d. Stabilization and restoration of eroded areas; e. Mowing and removal of grass clip- pings; £ Aeration, tilling, or replacement of topsoil as needed to restore the per- colation capability of retention and swale systems. If tilling or replace- ment of the topsoil is utilized, vege- tation must be established on the disturbed surfaces; g. Undesirable species such as cattails and exotic plants should be con- trolled and minimized; and h. It is recommended that that native vegetation be maintained in the lit- toral zone as part of the system's operation and maintenance plan. (3) If the system is not functioning as de- signed and permitted, operational main- tenance must be performed immediately to restore the system. If operational main- tenance measures are insufficient to en- able the system to meet the design and performance standards, the responsible entity must either replace the system or construct an alternative design. (Ord. No. 2004-01, § % 1-26-04) Sec. 19-174. High risk screening. (a) The city shall developed and maintain a program for identifying and controlling pollut- ants, to the MS4 that are within the limits of the City of Winter Springs. Those located outside the city's limits shall be reported to the applicable municipality, SJRWMD, FDOT or FDEP for fur- ther investigation and/or enforcement actions. (b) This program shall be consistent with State Water Policy, and involves monitoring stormwater discharges to the MS4 from: (1) Municipallandfill(s); (2) Hazardous waste treatment, storage, dis- posal and recovery facilities; (3) Facilities that are subject to EPCRA Title III, Section 313; and (4) Other industrial or commercial discharge in which in the determination of the city may contribute a substantial pollutant loading to the MS4. Supp. No. l0 1260.5 WINTER SPRINGS CODE (c) The high risk screening program shall re- quire: (1) Inspecting businesses "Al government owned facilities that could potentially gen- erate hazardous waste as well as other waste streams of concern. As part of this process photographs will be taken and the location of the inspection will be geo- referenced. Items looked at during inspections shall generally include, but not be limited to: a. Source of water supply (municipal or private well). b. Type of sewage disposal. r. Tf thnrn nrn nnv flnnr rlrninp, nnrl where they discharge to. d. Storage practices for hazardous ma- terials. e. Specific waste streams generated and now they are managed and disposed of. f. Evidence of spilled oil, chemicals, etc. g. Stormwater information including: i. Indications of illicit discharges. ii. Where it discharges to. iii. Activities that may affect stormwater. h. Manifests and other documentation that substantiates wastes are man- aged and disposed of properly. (2) Investigating complaints relating to envi- ronmental issues involving both busi- nesses and private residences. These com- plaints cover a wide range of issues, e.g.: a. Improper disposal of wastes. b. Storing hazardous materials and/or waste under conditions that could result in contamination of soil, groundwater or waters of the state. c. Illicit discharges. (3) Following up on major spills to ensure they are remediated properly by the re- sponsible party and all contaminated ma- terials are disposed of properly. (4) Recording and maintaining both an elec- tronic database and a hardcopy file. a. The database is updated by: i. Adding potential generators from new businesses that apply for a city or county local busi- ness tax receipt; Potential generators found in the trade directories and Yel- low Pages, and searches per- formed through the internet; and Complaints from anonymous and known individuals as well as those referred to the city by FDEP or other regulatory agen- cies. (Ord. No. 2004-01, § 2, 1-26-04; Ord. No. 2006-23, § 71 12-11-06) Sec. 19-175. Enforcement, penalties and le- gal proceedings. (a) The city may enforce the provisions of this article by any lawful means including, but not limited to, issuing a civil citation, bringing charges before the city's code enforcement board or special master, and seeking injunctive and equitable re- lief. (b) Where a violation of this article does not constitute a hazardous condition requiring imme- diate and direct governmental action to abate a serious and continuing danger to the public, no,, shall be provided to the property owner in accordance with Chapter 162, Florida Statutes and Chapter 2, Article III, Division 2, of the City Code, describing a violation of this article. All persons in violation of this Article shall address such violations immediately by providing a writ- ten response outlining the temporary and perma- nent measures that will be taken to correct the violation and a proposed schedule for completion Supp. No. 10 1260.E UTILITIES of the corrective measures. Proposals for correc- tive action are subject to the approval of the director. (c) In addition, cease and desist orders maybe issued by the city's code enforcement department as provided herein. Such order shall be served upon the person(s) responsible for the violation in the same manner as notices of violation are served and as described above. Specific activities and operations may be ordered to cease and desist based upon the following conditions. (1) In a situation that may have a serious effect on the health, safety or welfare of the public or the environment, including the quality of stormwater in the city's MS4; or (2) When irreversible or irreparable harm may result, in the reasonable opinion of the city's code enforcement officers, and immediate cessation of the activity is nec- essary to protect the public or the envi- ronment, including the quality of stormwater in the city's MS4. (d) In addition to any fines which may be imposed by the City of Winter Springs Code nforcement Board, persons responsible for vio- Elation of this article shall be liable for all sam- pling and analytical costs incurred in monitoring the discharge, and state and/or federal fines im- posed as a result of the discharge and costs of removing or properly treating the discharge. (e) Any fines or other funds received as a result of enforcement under this article which are not used for specific purposes set forth in this article shall be deposited in the stormwater util- ity fund. (Ord. No. 2004-01, § 2, 1-26-04) Secs. 19-176-19499. Reserved. ARTICLE VI. WATER SHORTAGE CONDITIONS AND SHORTAGES Sec. 19-200. Intent and purpose. It is the intent and purpose of this article to protect the water resources of the city from the harmful effects of overutilization during period of water shortage and allocate available water sup- plies, including by assisting the St. Johns River Water Management District in the implementa- tion of its water shortage plan and the city creat- ing, its own water shortage plan. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-201. Definitions. For the purpose of this article the following terms, phrases, words, and their derivatives shall have the meaning described below, unless the Supp. No. 10 1260.7 § 19-201 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 1260.8 ZONING dominantly as apartments, townhouses, patio homes or other multiple -family dwelling struc- tures. (Ord. No. 44, § 44945017 1-8-68; Ord. No. 68, § X, 11-29-71) Sec. 20-207. Uses permitted. Within any R-3 Multiple -Family Dwelling trict, no building, structure, land or water shall be used except for the following uses: (1) Any uses permitted in R-1AAA, R-lAA, R-lA, or R-l. (2) Apartments, townhouses, patio homes or other multiple -family dwelling structures. (3) Boarding and/or lodging homes. (4) Guest and tourist homes. (5) General office including: medical, dental, legal, architecture/engineering, real es- tate, financial, information technology, and administrative headquarters, or similar use, however, under no circumstances will any type of office use incompatible with residential, schools, parks or public build- ings be permitted. Signage shall be lim- ited to building -mounted identification signage. No outside storage or fleet and dispatch yards are permitted; however, governmental vehicles are exempted. (Ord. No. 44, § 44.4502) 1-8-68; Ord. No. 68, § XI, 11-2941; Ord. No. 2005-09, § 2, 3-28-05) Sec. 20-208. Conditional uses. (a) Conditional uses allowed within R-1AAA, R-1AA, R-1A and R-1 Single -Family Dwelling Districts. (b) Multi -use projects that include a vertical mix of uses designed along the principles of the Town Center. Such projects shall be exempted from section 20-209, regarding building height regulations, and section 20-211, regarding front, rear and side yard regulations. Such projects, however, are still subject to the provisions and requirements of the Town Center District Code. (c) Day nurseries, kindergartens and day cares. For purposes of this subsection, "day nurseries, kindergartens and day cares" shall not include "family day care homes" as defined by Florida law. (Ord. No. 44, § 44.45.3, 1-8-68; Ord. No. 68, § XII, 11-29-71; Ord. No. 240, § 7, 5-26-81; Ord. No. 20044% § 2, 12AM4; Ord. No. 20OM% § 2, 3-28-05; Ord. No. 2007-20, § 2, 7-9-07) Sec. 20-209. Building height regulations. In R-3 Multiple -Family Dwelling Districts, build- ing heights shall not be higher than forty-five (45) feet. (Ord. No. 44, § 44A5.4, 1-8-68; Ord. No. 68, § XIII, 11-29-71) Sec. 20-210. Building area regulations. The multiple -family dwelling structures in- cluded within the R-3 zoning classification shall not consist of more than sixteen (16) units per acre. 11-29-71) Sec. 20-211. Front, rear and side yard regu- lations. The following yard regulations shall apply in the R-3 Multiple -Family Dwelling Districts: (1) Front yard. The front yard shall not be less than twenty-five (25) feet in depth. (2) Rear yard. The rear yard shall not be less than thirty-five (35) feet in depth. (3) Side yard. The side yard shall not be less than ten (10) feet in width. (4) Corner lots. The front yard setback regu- lation shall control when the building is located on more than one (1) street. (Ord. No. 44, § 44A5.6, 1-8-68; Ord. No. 68, § XV, 11-29-71) Sec. 20-212. Lot coverage. Seventy-five (75) percent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located within the R-3 Multiple -Family Dwelling Districts. (Ord. No. 44, § 44.4507, 1-8-68; Ord. No. 68, § XVI, 11-29-71) Supp. Mn 10 1031 § ZV-413 WINTER SPRINGS CODE Sec. 20-213. Off-street parking regulations. (3) Alcoholic beverage on -premises consump- All parking within the R-3 Multiple -Family tion; Dwelling District shall be provided in an off- (4) Alterations and tailoring; street parking lot, which shall accommodate at least two (2) parking spaces for each unit located (5) Animal hospitals and veterinary clinics within the multiple -family dwelling structure. (with no outside kennels); (Ord. No. 44, § 44.45.8, 1-8-68; Ord, No. 68, (6) Antique and gift shop; § XVII, 11-29-71) (7) Appliances, sales and service; Secs. 20-214-20-230. Reserved. (8) Art supplies and picture framing shops; (9) Artists' (such as painters, sculptors, and DIVISION 7. C-1 NEIGHBORHOOD craftmakers) studios; COMMERCIAL DISTRICTS (10) Attorneys; Sec. 20-231. In general. (11) Automotive accessories sales; The C4 Neighborhood Commercial. Dis9,ricf (12) Bakery, retail; consists of lands abutting principal streets, the (13) Bathroom accessories; frontages of which are especially adaptable to (14) Bicycles, sales and service (including rent - selected light retail sales and services and office- als); oriented professional services which serve the community and which are not detrimental to i15 i�ooissbores, scaiioieYy arrd ofrrce supplies, adjacent residential districts. Adjoining these lands newsstands; are residential districts that would be adversely (16) Bookkeepers; affected by a greater diversification of uses treat- (17) Butcher shop, retail only; ing serious problems of traffic movement and generation. The land uses under this district shall (18) Cleaners; promote spaciousness of land uses, minimize traf- (19) Coin dealers; fic along adjacent thoroughfares and within resi- dential districts, promote aesthetic and architec- (20) Computers, hardware, software, and other tural harmony, attractiveness, and compatibility electronics sales and service; with nearby residential districts and within the (21) Confectionery and ice cream stores (in. community, and abide by the performance and eluding outside dining); development standards of the city, county, state, and U.S. government. Areas of the city for which (22) Copy shops; this zoning category are appropriate are desig- nated on the future land use map as "commer- (23) Cultural institutions (such as museums, ; cial. etc.) (Ord. No. 44, § 44.46, 1-8-68; Ord. No. 2002-07, (24) Dance and music studios; § 4, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04) (25) Day nurseries, kindergartens and day care; Sec. 20-232. Uses permitted. (26) Drug and sundry stores; (a) Within any C-1 Neighborhood Commercial (27) Employment agencies; District, no building, structure, land or water (28) Financial institutions, banks, savings and shall be used except for one (1) or more of the loan; following uses: (29) Floor coverings; (1) Advertising agencies; (30) Florist and gift shops (including outdoor (2) Alcoholic beverage sales (package); display and sales); Sapp. No. 10 1332 ZONING (31) Formal wear rentals; (32) Furniture, retail, new and used; (33) Grocers, retail; those whose business in- clude and are limited to the retail sale of groceries including produce, meats and household goods but shall not include the sale of gasoline; (34) Gun shop; (35) Hair and beauty salons (including nail salons); (36) Hardware stores; (37) Health and exercise clubs and athletic training facilities; (38) Health food; (39) Hobby and craft shops; fabric stores; (40) Hospitals, and nursing homes; (41) Hypnotists; (42) Ice, retail (43) Insurance; (44) Interior decorating and draperies; (45) Jewelry stores; (46) Launderettes and Laundromats; (47) Libraries; (48) Loan companies; (49) Locksmiths; (50) Luggage shops, (51) Medical and dental clinics and laborato- ries; (52) Micro -breweries and micro -wineries; (53) Nurseries, plants, trees, etc., retail (in- cluding outdoor display and sales); (54) Offices, professional and business; (55) Outdoor advertising signs sales offices; (56) Paint store; (57) Parking garages; (58) Pet shops and grooming; (59) Photographic studios; (60) Post office; (61) Private clubs and lodges; (62) Public and government services, (63) Radio and TV sales and service; (64) Religious assembly; (65) Rental shops; (66) Retirement homes; (67) Restaurants and outdoor dining; cafes; (68) Schools, public, private and parochial, ser- vice vocational schools (such as cosmetol- ogy, medical and dental assistant's train- ing) requiring no mechanical equipment; (69) Shoe repair shops; (70) Skating rinks; (71) Sporting goods, retail; (72) Swimming pool sales, service and sup- plies; (73) Tailoring shops, (74) Taxidermists, (75) Telephone business office and exchanges and telemarketers (No dispatch); (76) Title companies; (77) Tobacco shops; (78) Toy stores; (79) Travel agencies; (80) Wearing apparel stores; (81) Public recreational facilities. (b) Outdoor display and/or sales are prohibited except by conditional use. (Ord. No. 44, § 44.47, 1-8-68; Ord. No. 264, § 1, 7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No. 2002-07, § 4, 7-8-02; Ord. No. 2004-28, § 2, 742- 04; Ord. No. 200449, § 2, 12-13-04; Ord, No. 2006-1% § % 11-13-06) Sec. 20-233. Reserved. Editor's note —Ord. No. 2003-36, § 5, adopted Oct. 13, 2003, repealed former section 20-233 in its entirety which pertained to nonconforming uses and derived from Ord. No. 44, § 44.47.1, Jan. 8, 1968; Ord. No. 264, § 1, July 13, 1982. Supp. No. 10 1332.1 § 20-234 WINTER SPRINGS CODE Sec, 20-234. Conditional uses. Sec. 20-238. Off-street parking regulations. (1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys and similar uses), excluding public recreational areas and facilities which shall be permitted under section 20-232(81); (2) Animal hospitals and veterinary clinics with outside kennels; (3) Car wash; (4) Convenience markets and stores and self- service gasoline sales; (5) Multiple -family residential with amaxi- lilulil allow ute doil`ulby llV gLuauu'i blldll LouaL al- lowed under a medium density residential future land use designation and with at least two (2) parking spaces for each unit provided within an enclosed Prarsvp, (Ord. No. 44, § 44.48, 1-8-68; Ord. No. 240, § 8, 5-26-81; Ord. No. 2004-28, § 2, 7-12-04; Ord. No. 2006-192 § 2, 11-13-06) Sec. 20-235. Building height regulations. In C-1 Neighborhood Commercial Districts, the building height shall not exceed fifty (50) feet. (Ord. No. 44, § 44.4% 1-8-68) Sec. 20-236. Overlay district regulations. Overlay district regulations may apply. (Ord. No. 44, § 44.50, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-237. Bulk regulations. ft. (1) Minimum front setback: Twenty-five (25) (2) Minimum rear and side setback: Fifteen (3) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 44, § 44.510 1-8-68; Ord, No. 2004-28, § 2, 7-12-04) Section 9-276 et seq. as to off-street parking regulations in C4 Neighborhood Commercial Dis- tricts shall apply. (Ord. No. 44, § 44.5% 1-8-68) Sec. 20-239. Reserved. Editor's note —Ord. No. 2000-07, § 2, adopted May 8, 2000, repealed former § 20-239 in its entirety which pertained to the requirement of a wall between commercial and residen- tial developments and derived from Ord. No. 710, § II, adopted Jan. 11, 1999. Secs. 20-240-20-250. Reserved. DIVISION 8. C-2 GENERAL COMMERCIAL TITSTRTC!T Sec. 20-251. In general. The lands of the C-2 General Commercial Lili:L d ) LU bu UL;ud by a val`iay Ul cUilililel-clal operations which serve the commercial needs of the community. The purpose of this district is to permit the normal operation of the majority of general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses, minimize the interrup- tion of traffic along adjacent thoroughfares, pro- mote aesthetic and architectural harmony, attrac- tiveness, and compatibility within the community, and abide by the performance and development standards of the city, county, state and U.S. gov- ernment. This district is intended for lands adja- cent to or easily serviced by collector and major arterial roads adaptable to higher traffic generat- ing general commercial uses. (Ord. No. 44, § 44.53, 1-8-68; Ord. No. 2002-07, § 31 7-8-02) Sec. 20-252. Uses permitted. Within C-2 General Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: Supp. No. 10 1332.2 (1) Any permitted use allowed in C-1 Neigh- borhood Commercial Districts; (2) Automotive sales; (3) Automotive renting and leasing; ZONING (4) Automotive tires; (5) Baker, wholesale; (6) Boat sales; (7) Building and plumbing supplies; (8) Bus terminal; (9) Cold storage and frozen food lockers; (10) Convenience markets and stores; (11) Cultural institutions (such as museums and art galleries; Supp. No. 10 1332.3 § ZV-404 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 1332.4 ZONING (2) Buffers shall contain a perimeter brick or masonry wall six (6) feet in height. (3) Buffers shall contain eight (8) canopy trees a minimum of two and one-half (2.5) inches in diameter (dbh) for every one hundred (100) linear feet of buffer. Trees may be clustered or planted at regular intervals. (e) The following table prescribes the land- scape buffer and setback requirements relating to the height of buildings when the following uses are adjacent to existing residential land uses and/or properties assigned a residential zoning land use classification or land use designation. Table 1 Passive/Active Landscape Buffer and Side and Rear Setback Requirements Building Height and Use Passive Side o Building Active Side o Buildin Buffer (in Feet) Setback (in Feet) Buffer (in Feet) Setback (in Feet) One story: Office 15 25 25 50 Commercial 15 25 25 50 Multi -family 15 25 25 50 2 or more stories: Office 15 50 50 100 Commercial 15 50 50 100 Multi -family 15 100 50 100 (1) No existing or dedicated public or private right -of --way shall be included in calcula- tion of the buffer widths. (2) Existing vegetation shall be used where possible to meet these requirements. (f) Walls: All freestanding walls, sound barri- ers, ground sign enclosures, planters, man-made structures fronting along the designated roadway or its major intersections shall be of brick decora- tive or split -faced concrete block. When these materials are used for a visual screen, they shall conform to the architectural style, materials, and color of the development. (Ord. No. 725, 8-2MW Sec. 20-337. Reserved. Editor's note —Ord. No. 2006-18, § 5, adopted Oct. 23, 2006, repealed fromer § 20-337 in its entirety which pertained to signs in the Greenway Interchange Zoning District and derived fiom the following: Ord. No. 725, 8-23-99; Ord. No. 2003-061 § 3, 12-8-03; Ord. No. 200449, § 2, 12-13-04. Sec. 20-338. Utility lines. All new or relocated utility lines within the district shall be constructed and installed be- neath the surface of the ground unless it is determined by the city that soil, topographical, or any other compelling conditions, make the under- ground installation of such utility lines as pre- scribed herein unreasonable and impracticable. (1) It shall be the developer's responsibility on -site to make the necessary arrange- ment with each utility in accordance with the utility's established policy. (2) The underground installation of inciden- tal appurtenances, such as transformer boxes, switch boxes, pedestal mounted boxes for the provision of electricity shall not be required. However, such appurte- nances where not rendered impractical by the determination of the city shall be installed on the site of any development approved after the adoption of this sec- Supp. No. 10 1342.43 § 20-338 WINTER SPRINGS CODE tion. The necessary easements to allow the utility company access and service to such appurtenances shall be dedicated to the service provider by the developer prior to issuance of a building permit. (3) All transformers and switch boxes related to development approved after the adop- tion of this section shall be set back a minimum of fifteen (15) feet from any right -of --way and visually screened using landscape materials or masonry construc- tion in conformance with these land de- velopment regulations. (Ord. No. 725, &23-99) Sec. 20-339. Cross -access easements. (a) All t1PVPl�nmPnt excPnt �in�rla family rani- dential and duplex uses, with parking lots or direct access to a public road shall, as part of the development approval process, establish cross - access easements which provide for the internal connection of the parcel to adjacent parcels unless the city engineer makes a finding that such joint - access is not feasible or practicable based upon circumstances unique to the properties. (b) Shared parking areas shall be permitted a reduction in required parking spaces if peak de- mand periods for proposed land uses do not occur at the same time. (Ord. No. 725, &23-99) Sec. 20-340. Building and screening design guidelines. (a) Projects shall use materials consistent with materials used in the area. Acceptable materials include stucco, split -faced or decorative concrete block reinforced concrete with tile, and brick and terra coma accent material. Inappropriate mate- rials are river rock unfinished timber (unpainted), shake roofs, reflective/mirror glass, and metal siding. Materials should be high quality and well crafted. [The next page is 1342.51] Supp. No. 10 1342.44 ZONING § 2M53 Sec. 20-352. Intent and purpose of district. complimentary to and compatible with each other The intent and purpose of the planned unit and the adjacent land uses, and if designated on development zoning district are as follows: an approved preliminary and final development plan: (1) To provide for planned residential commu- (1) Planned residential communities: Residen- nities containing a variety of dwelling tial dwelling units, including but not lim- unit types and arrangements, with com- ited to detached single-family, patio homes, plimentary and compatible commercial cen- garden apartments, condominiums, coop- ters with supportive residential and/or erative apartments, townhouses, provided complimentary and compatible industrial that all are compatible with each other; land uses; and planned industrial parks complimentary and compatible support - with complimentary and compatible resi- ive commercial and/or industrial land uses dential and/or commercial land uses, all designed to create an aesthetically pleas - designed to promote the public health, ing and harmonious environment, safety and general welfare. (2) Planned commercial centers: Commercial (2) To allow diversification of uses, structures uses, including but not limited to business and open spaces compatible with adjacent services, professional services, personal land uses. services, retail sales and services, service (3) To preserve the natural amenities and stations, hotels and motels; complimen- environmental assets of the land by en- tary and compatible residential and/or couraging the preservation and improve- industrial land uses designed to create an ment of scenic and functional open space aesthetically pleasing and harmonious en - areas. vironment. (4) To encourage flexible and creative con- (3) Planned industrial parks: All types of cepts in site planning that will allow an industrial uses including but not limited increase in the amount and usability of to warehousing, manufacturing, and truck,, open space that is possible through con- ing facilities; complimentary and compat- ventional practices. ible residential and/or commercial land uses designed to create an aesthetically (5) To encourage an environment of stable pleasing and harmonious environment. character. (4) Other: Any other private, public, or (6) To encourage a more efficient use of land semipublic uses complimentary to and and smaller networks of utilities and compatible with planned residential, com- streets than is possible in other zoning mercial, and/or industrial development. districts. (5) Public recreational areas and facilities: (7) To allow for the creation of well-balanced Public recreational areas and facilities communities that provide basic recre- shall be permitted in planned residential ational and supportive facilities. and commercial communities and shall (8) To ensure that development will occur hereby be deemed compatible with sur- according to the limitations of use, design, rounding residential and neighborhood coverage and phasing as stipulated on the commercial developments, provided said preliminary and final development plans. areas and facilities are located at the (Ord. No. 367, § 1, Art. XIV, Part A, § 44.85.1, southwest corner of the intersection of 541-87) S.R. 417 and S.R. 434 and adjacent to state owned recreational lands and the Sec. 20-353. Permitted uses. area comprises at least twenty (20) acres of land. The following uses shall be permitted in the (Ord. No. 367, § 1, Art. XIV, Part A, § 44.85.3, planned unit development district if they are 5-11-87; Ord. No. 2006-19, § 2) 11-13-06) Supp. No. 10 1343 WINTER SPRINGS CODE Sec. 20-354. Site development standards. (a) Site development standards shall be estab- lished for planned unit developments, to ensure adequate levels of light, air and density, to main- tain and enhance locally recognized values of community appearance and design; to promote the safe and efficient circulation of pedestrian and vehicular traffic; to provide for orderly phas- 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- aauxeu, as lw-ig as the adoptu)d uVa all 1:esidulU al 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 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 detached Patio homes TO 2 stories Townhouses 10.0 3 stories Garden apart- 16.0 3 stories ments (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 iiw.aauu 1v11 vi 111(AL1l! .u�.a1 �.11uLL�Gw� �i uillGllu- 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- tion shall be preserved and utilized, where possible, through the careful location and design of circulation systems, buildings 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 Supp. No. 10 1344 ZONING 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- 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. Supp. No. 10 1344.1 § 20-354 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 1344.2 ZONING § 20-378 included. Land which has been declared environ- allowing a diversification of structures; mentally sensitive by the state department of commercial centers allowing a diversifica- environmental regulation shall not be included. tion of uses and structures; controlled Open space. The gross acreage of the PUD industrial parks; and public and quasi - exclusive of buildings, accessways and parking public facilities developed in accordance with an approved development plan; all areas. designed to promote the public health, Party wall. A fire wall on an interior lot line, safety and general welfare. used or adapted for joint service between two (2) (2) To allow for a controlled graduation of buildings. density, compatible and harmonious with Patio homes. Single-family dwelling units with and complimentary to permitted land uses a private outdoor living area, one (1) side wall of on abutting properties. which may be a party or lot line wall having a (3) To preserve the natural amenities and two-hour fire rating. Patio homes are designed environmental assets of the land by the and constructed to be individually owned and are preservation and improvement of scenic sometimes referred to as cluster houses, single- and functional open space areas. family attached dwelling units, atrium houses, or (4) To encourage flexible and creative con - court garden houses. cepts in site planning that will allow an Planned unit development. Atract of land zoned increase in the amount and usability of and developed in accordance with the purposes, open space more so than is possible through intent and provisions of this article. The letters conventional practices. PUD shall be considered an abbreviation for (5) To provide maximum opportunity for ap- planned unit development in this Code. plication of innovative concepts of site Story. That portion of a building included be- planning in the creation of aesthetically tween the surface of any floor and the surface of pleasing living, shopping, working and the floor directly overhead, or if there is no floor recreation environments on properties of directly above, then the space between such floor adequate size, shape and location, and the ceiling next above it. (6) To encourage a natural use of land in Townhouses. Self-contained dwelling units lo- planning networks of utilities and streets cated side by side with no units located above or more so than is possible in other zoning below one another and designed and constructed districts. so that the units may be individually owned. (7) To allow for the creation of well-balanced Townhouse units are normally in groups of three communities that provide active, im- (3) to six (6) units and except for the end units are proved recreational and supportive facili- separated by party or lot line walls on each side, ties. each of which shall have a minimum two-hour fire (8) To ensure that development will occur rating. according to the limitations of use, design, (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.14, coverage and phasing as stipulated on the 541-87) master and final subdivision plans. Cross reference —Definitions and rules of construction (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.1, generally, § 1-2. 5-11-87) Sec. 20=377. Intent and purpose of district. Sec. 20-378. Interpretation, purpose and con - The intent and purpose of the planned unit flict. development (PUD) zoning district are as follows: In interpreting and applying the provisions of (1) To provide for planned, and architectur- this division, they shall be held to be the mini - ally controlled residential communities mum requirements for the promotion of the public Supp. No. 10 1353 WINTER SPRINGS CODE health, safety, morals and general welfare of the community. It is not intended by this division to interfere with, abrogate or annul any lawful ease- ments, covenants, or other agreements between parties; provided however, that where this divi- sion imposes a greater restriction upon the use of buildings or premises, or upon the heights of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by lawful easements, covenants or agreements, the provisions of this division shall control. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.2, 541-87) Sec. 20-379. Permitted uses. The followir�� uses shall be »ermitfe�l in the PUD district if they are complimentary to and harmonious and compatible with each other and adjacent land uses, and if designated on an ap- proved master and final subdivision plan: (1) Planned residential communities. Residen- tial dwelling units, including but not lim- ited to detached single-family homes, pa- tio homes, apartments, condominiums, and townhouses, provided that all are compat- ible with each other. Complimentary and compatible supportive commercial land uses, if included must not exceed five (5) percent of the net acreage and must be 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 and full service stations (with mechanics). Compli- mentary and compatible residential and/or industrial land uses, if included, must be designed to create an aesthetically pleas- ing and harmonious environment. Com- plimentary and compatible industrial land uses, if included, must not exceed twenty- five (25) percent of the net acreage. (3) Planned industrial parks. Light indus- trial uses not to exceed the intensity of use presently provided for by the City Code. Complimentary and compatible com- mercial land uses, if included, must be designed to create an aesthetically pleas- ing and harmonious environment. (4) Other uses. Any other private, public or semipublic uses adequately buffered both in sight and distance from, but compli- mentary to and compatible and harmomi ous with, planned residential, commercial and/or industrial development. (5) Public recreational areas and facilities: Public recreational areas and facilities shall be permitted in planned residential 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 L;La u uwaed e creaiio ial laiids and ;he area comprises at least twenty (20) acres of land. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.3, 5- U1 87; Ord. No. 2006-19, § 2, 11-13-06) Sec. 20-380. Site development standards. (a) Site development standards shall be estab- lished for PUD's to ensure adequate levels of light and air, to maintain and enhance locally recog- nized values of community appearance and de- sign, to promote the safe and efficient circulation of pedestrian and vehicular traffic, to provide for orderly phasing 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 height limitations for each dwelling unit type in the proposed PUD. The commission may adopt the recommendation or make such changes or amendments it deems appropriate. 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- Supp. No. 10 1354 ZONING 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 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 paved public roads, utilities, services, and facil- ities required to serve the development. Supp. No. 10 1354.1 § 4V-380 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 1354.2 ZONING Sec. 20-435. Authorized commercial vehi- cles in residentially zoned dis- tricts. Utility vehicles used to maintain the site of one (1) acre or more and are adequately screened so that they are not visible from an abutting prop- erty or any rights -of --way are permitted; or horse trailers of any length are permitted within any parcel of one (1) acre or more within a residen- tially zoned district that allows horses to be kept provided that the trailers are not visible from any rights -of -way or abutting property. (Ord. No. 721, § 5, 6-28-99; Ord. No. 731, § 1, 8-11-99) Sec. 20-436. Authorized commercial vehi- cles —Limited -term parking per- mits. (a) One (1) authorized commercial vehicle per dwelling unit, as defined in section 20434 above and not to exceed ten (10) feet in height, may be exempted from the garaging and fencing require- ments of section 20434 until July 2, 2001, if the dwelling unit of the owner, user, or caretaker of the authorized commercial vehicle does not have a garage or fence capable of screening the vehicle from view as provided in section 20434 provided that the owner, user, or caretaker of the autho- rized commercial vehicle shall have first acquired from the city a limited term parking permit which shall be clearly affixed upon the rear window or rear panel of the authorized commercial vehicle. (b) Following the termination of the period of the permit the commercial vehicle must comply in all respects with section 20434 or be removed from the residential zoned district. (c) No authorized commercial vehicle as de- fined in section 20-434 may be provided a limited term parking permit later than December 31, 1999. (d) A permit may be transferred to a similar authorized commercial vehicle as defined in sec- tion 20434 for the duration of the special excep- tion provided that a new permit is acquired from the city and the original permit is returned to the city. (e) Lost limited term parking permits must be replaced by the city and affixed upon the vehicle as provided herein before the vehicle can be parked in a residentially zoned district of the city. (f) Limited term parking permits may be pur- chased from the city for a price of twenty-five dollars ($25.00). Transferred and replacement lim- ited term parking permits may be purchased from the city for a price of twenty-five dollars ($25.00). (Ord. No. 721, § 6, 6-28-99; Ord, No. 747, § 1, 11-22-99) Sec. 20-437. Exempted vehicles. (a) Governmental vehicles. Police, fire, rescue, anI other governmental vehicles which serve a vital public safety, health or welfare purpose as determined by the city are exempted from the restrictions of this section and may be parked in residentially zoned districts of the city. (b) Automobiles. Automobiles which may be used in business but which do not have visible commercial lettering, signage, materials, sup- plies, equipment, storage racks attached thereto or stored thereupon are exempted from the re- strictions on the parking of commercial vehicles. (Ord. No. 721. § 7, 6-28-99; Ord. No. 731, § 2, 8-11-99) Secs. 20-438-20-450. Reserved. DIVISION 3. SITING AND REGULATION OF TELECOMMUNICATIONS TOWERS* Sec. 20-451. Telecommunications towers. (a) Definitions. Antenna shall mean a transmitting and/or re- ceiving device used in telecommunications that radiates or captures electromagnetic waves, in- cluding directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar anten- nas, amateur radio antennas and satellite earth stations. *Editor's note —Ord. No. 645, § I, adopted July 14, 1997, amended the Code by adding provisions designated as § 20- 434. In order to avoid conflicts in section numbering the editor has redesignated the provisions of Ord. No. 645 as § 20-451. Supp. No. 10 1369 WINTER SPRINGS CODE Co -location shall mean telecommunications tow- ers that have the potential to have three (3) or more carrier antennas located on it. Development review committee shall mean the city staff composed of the city manager, land development coordinator, city engineer, public works/utilities director, community development coordinator, building official, police chief, fire chief. Guyed tower shall mean a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors. Lattice tower shall mean a telecommunications tower that is constructed with a series of struts forming a non -solid surface tower, without guy wires standing on and fastened to an in -ground Microwave shall mean a dish antenna, or a dish -like antenna used to link communication sites together by wireless transmission of voice or data. Monopole tower shall mean a telecommunica- tions tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires with ground anchors. Panel antenna shall mean an array of antennas designed to concentrate a radio signal in a partic- ular area. Personal wireless services shall mean any per- sonal wireless service defined in the Federal Telecommunications Act which includes Federal Communication Commission (FCC) licensed com- mercial wireless telecommunications services in- cluding cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging as well as unlicensed wireless services, and common car- rier wireless exchange access services. Stealth facility shall mean any telecommunica- tions facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof - mounted antennas, antennas integrated into ar- chitectural elements, and telecommunications tow- ers designed to look like light poles, mono -power poles or trees. Supp. No. 10 1370 Telecommunications tower shall mean a mono- pole tower constructed as a free-standing struc- ture greater than thirty-five (35) feet and no more than one hundred sixty-five (165) feet in height including antenna, which supports communica- tion, transmission or receiving equipment. Them terincludes towers for the transmission or receiving television, AM/FM radio, digital, micro- wave, cellular telephones, or similar forms of electronic communication. The term excludes ra- dar towers, radio support structures licensed by the FCC, transportable communication devices, private home use of satellite dishes and television antennas and satellite earth stations. Whip antenna shall mean a cylindrical an- tenna that transmits signals in three hundred v+' rl �Tgyv.AJ t9v()l A (b) Findings and intent. The city has with increasing frequency received requests to approve sites for telecommunications towers. Land devel- opment regulations have not adequately identi- fied specific procedures to address recurring is- sues relating to the approval of locations for telecommunications towers. Therefore, it is the intent of this section to address the recurrent issues pertaining to the approval of telecommuni- cations towers upon parcels located in the city. Accordingly, the city commission finds that the promulgation of this section is warranted and necessary; (1) To protect residential areas and land uses from the potential adverse impacts of tele- communications towers when placed at inappropriate locations or permitted with- out adequate controls and regulation con- sistent with the provisions of law; (2) To minimize the adverse visual impacts resulting from telecommunications tow- ers through sound and practical design, siting, landscape screening, and innova- tive camouflaging techniques all in accor- dance with generally acceptable engineer- ing and planning principles and the public health, safety and welfare; (3) To avoid potential damage to adjacent properties through sound engineering and ZONING § 20-451 planning and the prudent and careful (2) All new communications antennas (i.e., approval of telecommunications tower sites stealth rooftop or building mounted an - and structures; tennas) which are not attached to telecom- (4) To require shared use/co-location of exist- munications towers shall comply with sub- ing and new telecommunications towers section (f)(11). (capability of having space for three (3) or (3) All telecommunication towers existing on more carriers) to avoid proliferation of July 14, 1997 shall be allowed to continue towers throughout the city. One (1) co- their usage as they presently exist. Rou- located position shall be reserved exclu- tine maintenance shall be permitted on sively for the use of the city; such existing towers. New construction (5) To ensure that location of telecommunica- other than routine maintenance on an tions towers is consistent with the provi- existing telecommunications tower shall sions of the City of Winter Springs Com- comply with the requirements of this sec- prehensive Plan, the East Central Florida tion. Regional Policy Plan, the state compre- hensive plan as well as the provisions of (4) For purposes of implementing this sec - state and federal law; tion, a telecommunications tower that has received city approval or building permit, (6) To fix a fair and reasonable compensation, but has not yet been constructed, shall be by resolution of the city commission, to be considered an existing tower so long as paid to the city for the privilege to locate a such approval is current and not expired. telecommunications tower in the city and defray the administrative costs of review- (d) Location, permitted uses and conditional ing the applications. Also, a fee shall uses. apply separately to each antenna user on the tower or other support structure. Fee (1) All telecommunication towers shall coin- rates shall be renegotiable when contract ply with the following development stan- expires; dards: (7) To discourage new telecommunication tow- (1) They shall be located as far as tech- ers and to encourage the use of existing nically feasible fiom properties that structures including, but not limited to, are designated residential on the city's rooftops, sports lighting, utility poles, and future land use or zoning maps and church steeples for deploying personal shall comply with all other applica- wireless service facilities; and ble distance standards which are set (8) To encourage the use of the lowest height forth in the City Code; technology to provide personal wireless (ii) To the extent technically feasible. services including, but not limited to, mi- the lowest height technology shall be cro cell technology incorporated including, but not lim- (c) Applicability. ited to, micro cell technology; (1) All new telecommunications towers and (iii) Towers shall be erected to a height antennas in the city shall be subject to that is the minimum height neces- these regulations and all other applicable sary to technically serve the regulations. For purposes of measure- applicant's needs, but not exceeding ment, telecommunications tower setbacks the lesser of one hundred sixty-five as listed in subsection (f M shall be cal- (165) [feet] or a height calculated culated and applied to facilities located in based on a tower setback of one the city, irrespective of other municipal hundred twenty-five (125) percent of and county jurisdictional boundaries. the tower height measured at grade Supp. No. 10 1371 § 20-451 WINTER SPRINGS CODE from the base of the tower to the southeast quadrant of Site 16 closest residentially zoned property east of the southern percolation line; ponds. (iv) The most effective stealth technol- d. City of Winter Springs City Hall. ogy (including stealth towers) shall (ii) Tier 71vo. A telecommunication tower be incorporated; shall be considered a conditional use (v) The location shall be the least visu- at the following locations, provided ally intrusive location in the commu- the proposed tower complies with nity; the standards of this section and complies with the conditional use (vi) The proposed tower shall be located criteria set forth in 2M3 of the City in an area where the visual impact Code: on the community is minimized to a. On property owned by the City the greatest extent practicable; of Winter Springs that is desig- (vii) Antennas shall be close -mounted or nated public/semi-public on the concealed. However, concealment city's future land use map; or shah be encouraged and preferred to b. On an existing commercial or the greatest extent practicable; and industrial building, not located (viii) The visual impact of all towers shall or incorporated within a single be reduced or eliminated to the max- family residential area, pro- imum extent possible by conceal- vided the tower does not extend ment camouflage, and disguise. more than ten (10) feet above the roof line of the building and (2) In addition to the standards set forth in the tower does not exceed the subsection (1) above, the location of all applicable maximum height lim- proposed telecommunication tower sites itation in the City Codes or shall be determined based upon a tiered c. Within (enclosed) an existing zoning system. Specifically, a telecommu- church steeple or other type of nication tower shall be allowed as either a existing structure which exists permitted use or a conditional use depend- ing upon the location of the applicable for a primary purpose other than for personal wireless services. site: It is the intent of this subsec- W Tier One. Telecommunication towers tion to take advantage of exist - shall be a permitted use at the fol- ing structures for providing per - lowing sites (see map attachment sonal wireless services and not Figure 1 dated February 12, 2007) to allow the construction of new subject to other regulations which structures for said purposes; or may apply: d. Upon existing sports lighting a. City of Winter Springs Waste- structures, utility structures, water Treatment Plant #l/West and water tanks, provided the Plant. structure is not located within b. Proximate area of the Seminole a single family residential area, County School Board Consoli- the tower does not extend more dated Services Facility (a/k/a than ten (10) feet above the top of the existing structure, and Bus Barn), the tower does not exceed the c. City of Winter Springs West applicable maximum height lim- Effluent Disposal Sites: at the itation in the City Code: or Supp. No. 10 1372 T' 1 r O Coo 1r 0 LLM w H 41�-- ZONING Permitted Sites for Telecommunications Towers Supp. No. 10 1373 WINTER SPRINGS CODE e. On the site of the proposed Fire existing on the subject property Station #3 which is to be lo. or installed to meet the require- cated on the south side of S.R. ments of this subsection, or they 434 in Tuscawilla Tract 15, Par- can be a combination of both. cel 3 (approximately 2,300 feet d. Property which has a future west of Vistawilla Drive). Said land use designation of tower, if approved, shall not Greeneway Interchange. exceed one hundred twenty (120) feet. All other locations shall be prohibited. Further. (iii) Tiers Three. If an applicant presents the construction of a tower for speculative pur- to the city competent substantial ev- poses shall be prohibited. For purposes of this idence which demonstrates that Tier Code, it shall be deemed primae facie evidence One and Tier Two locations are not that a tower is being built for speculative pur- available or technically feasible for poses if the applicant can not provide with the the location of a tower, a telecommu- application written evidence that one (1) or more nication tower shall be considered a carriers have committed to locate on the proposed conditional use on the following pre- tower within three (3) months of the construction of }j jn 4n<xrnr fur w Pn nri of n+ 1 ne} �,>n M� ��no w (erred sites. which are listed in order of preference. The preferred sites (e) Site plan; application; technical supporting shall be considered in the sequence data. listed below and the applicant shall be zecluifed to deilioiiL,t°ate, bai�eu (7) Any telecommunications company or en - on technical feasibility, that a more tity that intends to install a telecommu- preferredsite is not available or suit- nications tower in the city shall file a site able before requesting a lessor pre- plan for review and approval by the city in ferred site: accordance with the City Code. All pro- posed towers requiring conditional use a. Property which has a future approval shall be reviewed by the board of land use designation of indus- adjustment for compliance with this sec - trial. tion and other applicable provisions of the b. Property which has a future City Code. Upon review, the board of land use designation of mixed adjustment shall make a recommenda- use and is part of a develop- tion to the city commission of either ap- ment of regional impact. proval, approval with conditions, or de- co Densely wooded or concealed vial. areas limited to a golf course (2) All applications shall contain the informa- and areas of property which tion required by the city to process appli- have been designated conserva- cable building permits, aesthetic review tion by perpetual easement and pursuant to section M00 et seq. of the on the city's future land use City Code, site plan permits, and any map. If a new telecommunica- other required development permits. Ap- tion tower is placed within trees plications shall be processed within the or wooded areas, the tower shall time frames required by law. Additionally, be concealed by the surround- at a minimum, the following information ing trees or wooded areas to the shall also be provided by the applicant: maximum extent possible to minimize the visibility of the a. Name, address, telephone number, tower from any road, occupied and original signatures of the appli- building, and fairway if located cant and all co -applicants. on a golf course. Trees can be b. Detailed description of the request. Supp. No. 10 1374 ZONING § ZU-451 c. Location information including legal k. Documentation evidencing that one description of subject property, par- or more carriers have committed to cel identification, geographic coordi- locate an antennae on the proposed nates, and name of nearest roads, tower for purposes of providing per - street addresses, or other landmarks. sonal wireless services. d. Scaled elevation and engineering (3) The applicant shall provide a visual im- drawings depicting the proposed pact report that provides a line -of --sight tower and related facilities including analysis including scaled and colored front, all mounts, antennas, collocation side, and rear elevation drawings or pho- spaces, and equipment facilities. tographs that depict the proposed tower e. A current property appraiser aerial and related facilities. The drawings or delineating the subject property, the photographs shall also depict any signifi- proposed tower and related facilities cant natural and manmade features that within one thousand (1,000) feet of affect the buffering of the potential visual the proposed tower and facilities. impact of the proposed tower and related facilities. Upon receipt of the visual im- f. For proposed towers within trees and pact report, the city may require the ap- wooded areas, a tree survey identi- plicant to conduct a visual impact demon- fying the type, size (DBH) and height stration consisting of a minimum of two of existing and/or proposed trees hour balloon test, which shall demon - within a seventy -five-foot radius of strate the maximum height of the prom, the proposed tower and related facil- posed tower. The balloon test shall be ities. scheduled with the city and representa- g. Future land use and zoning designa- tives of the city shall be present at the tion of the subject property. proposed site for purposes of evaluating the test. h. Any applicable letters of approval for the proposed request received by (4) For purposes of demonstrating technical the applicant from any other govern- feasibility under this section 20451, the ment agency including the FAA, applicant shall be required to submit, in FDOT, and FCC (if permitted by conjunction with a site plan application law). and to the extent permitted or required by i. Documentation of location and site law, technical data indicating that the selection process, including search proposed tower is the only technically feasible available site to assure telecom ring, location and siting criteria, al- - tmunications services coverage needs to ernative sites in the area, and site selection methodology. area citizens. Further, such technical data not for speculative, untried telecommuni- j. To the extent permitted or required cations uses, but is for current technology by law, technical data, maps and recognized or approved for service area analysis showing the area to be served needs and market conditions under appli- by the proposed tower and personal cable state, federal or local laws, regula- wireless service facilities and any tions or ordinances. All such technical claimed gaps in coverage where the data shall be provided at cost to the ap- applicant desires to erect a tower. In plicant. The city may, in approximate cases addition, technical data and maps in its sole discretion, retain the service of demonstrating any other proposed, technically competent consultants to eval- existing, and authorized towers in uate the data submitted by an applicant the service area as the proposed tower to justify an additional tower pursuant to and related facilities. this section. The applicant shall post a Supp. No. 10 1375 § LU-451 WINTER Orn1NGS CODE deposit with the city manager or his des- ignee in a sum such that the applicant for the additional telecommunication tower pays the full cost of technical review of such tower by city's consultant. (f) Performance standardsldesign criteria. (1) Setbacks. (4) Illumination. Telecommunications towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration. (5) Finished color: Telecommunications tow- ers not requiring FAA painting/marking shall be of such color that will blend with the surrounding environment. a. Telecommunications tower setbacks (6) Structural design. shall be measured from the base of a. Site plan(s) are required and shall be submitted for approval as defined the tower to the property line of the in Chapter 20 Zoning (if applicable) parcel on which it is located. and/or Chapter 9 Land Develop- b. The setback requirements shall be a ment, Code of Ordinances, City of minimum of ten (10) feet from any Winter Springs, Florida. lot line and shall comply with set- b. Telecommunications towers shall be back requirements in this section or constructed in accordance with the the City Code for setbacks from ad- EIA/TIA 222-E Standards as pub - joining uses, lished by the Electronic Industries Association, which may be amended (2) Separation of towers fr•orn offsite uses from time to time, ASC % 95, `Min - used to calculate maximum tower height. imum Design Load for Buildings and Separation distances between telecommu- Structures," (Wind Loads Chapter), nications towers and the lot line of any as published by the American Soci- residentialzoned property shall be used ety of Civil Engineers, and further to determine the maximum height of a defined by ASCE 7.88, "Guide to the proposed tower. The maximum height of Use of the Wind Load Provisions", any tower shall not exceed one hundred both which may be amended from sixty-five (165) feet provided however that time to time, and all City of Winter the distance from the tower base to the Springs construction/building codes nearest lot line of residentially zoned prop- as indicated in a statement signed, erty shall be a minimum of one hundred sealed and dated by a professional twenty-five (125) percent of the tower engineer licensed to practice in the height. State of Florida. c. Such statement shall also describe (3) Measurement of height. the tower's capacity, number and type a. Measurement of telecommunications of antennas it can accommodate. No tower height shall include antenna, tower shall be permitted to exceed base pad, and any and all other its loading capacity. For all towers appurtenances and shall be mea- attached to existing structures, the sured from the finished grade of the statement shall include certification that the structure can support the parcel on which the telecommunica- load imposed by the tower. tions tower is located. d. All new telecommunications towers, b. Telecommunications towers shall not and those existing towers to be mod - exceed one hundred sixty five (165) ified, shall have the capability of feet in height which shall include having space for three (3) or more the antenna. carriers. Upon request by the city, Supp. No. 10 1376 ZONING § 20451 one (1) of these spaces shall be re- shall be installed by the applicant served exclusively for the use of the around each telecommunications City of Winter Springs. Tower own- tower. Barbed wire or other fencing ers shall accommodate other an- method to prevent pedestrian access tenna users on their towers. to the tower, not to exceed two (2) e. Further, any improvements and/or feet in height, shall be installed along additions (i.e., antenna, satellite the top of the fence or wall, but shall dishes, etc.) shall require submis- not be included when calculating the sion of a site plan signed, sealed and height of the fence or wall, dated by a professional engineer li- b. Access to the tower through the fence censed in the State of Florida which or wall shall be through a gate which provides substantial competent evi- shall be locked at all times the tower dence of compliance with the EIT/ site is not being occupied by the TIA 222-E Standards ASCE 7-95, person or entity in charge of the "Minimum Design Load for Build- telecommunications tower or site. ings and Structures," (Wind Loads (10) Landscaping. The visual impacts of a tele- Chapter), as published by the Amer- communications tower shall be mitigated ican Society of Civil Engineers, and for nearby viewers through landscaping further defined byASCE 7-88, "Guide or other screening materials at the base of to the Use of the Wind Load Provi- the tower and ancillary structures in or- sions," both which may be amended der to maintain visual aesthetics for those from time to time, in effect at the who must view the site on a regular basis time of said improvement or addi- including, but not limited to, proximate tion. residents and the travelling public. The (7) Public notice. Notice of any request, un- following landscaping and buffering re - der this section, shall be published (in a quirements shall be required around the newspaper of general circulation) and per- perimeter of the tower and accessory struc- sonal notification shall be given to all tures; property owners located within three (3) a. A row of shade trees of minimum of times the height of the tower area. Per- eight (8) feet tall that will reach sonal notification shall mean notice sent heights of forty (40) plus feet, two by first class U.S. mail, and to the board of and one-half (2 1/2) inches in caliper, directors of duly recognized homeowners and a maximum of ten (10) feet associations. apart shall be planted around the (8) Signage. No commercial signage or adver- outside perimeter of the fence/wall; tising shall be permitted on a telecommu- b. A continuous hedge shall be planted nication tower unless otherwise required in front of the tree line referenced by law or the signage pertains only to the above; it shall be at least thirty (30) posting of the property relative to tres- inches high at planting capable of passing. The use of any portion of a tower growing to at least thirty-six (36) or perimeter fence/wall for signs or adver- inches in height within eighteen (18) tising purposes, including company name, months shall be planted in front of banners, streamers, etc., shall be prohib- the tree line referenced above; ited. c. All landscaping shall be of the ever- (9) Fencing. green variety being a minimum qual- a. A vinyl coated chain -link fence or ity of Florida #1. masonry wall not less than eight (8) d. All landscaping shall be xenscape feet in height from finished grade tolerant and shall be properly main- Supp. No. 10 1377 WINTER SPRINGS CODE tained by the telecommunications f. No more than one (1) total un- tower owner/operator to ensure good manned equipment building shall health and viability. contain more than seven hundred The use of existing vegetation shall be fifty (750) square feet of gross floor area or be more than twelve (12) feet preserved to the maximum extent practi- in height. All building shall be sub - cable and may be used as a substitute or ject to regulations of the building supplement towards meeting landscaping department; and requirements. (12) Equipment storage. Mobile or immobile (11) Antennas on buildings. Stealth rooftop or equipment not used in direct support of a building mounted antennas maybe erected. telecommunications tower facility shall Any stealth rooftop or building mounted not be stored or parked on the site of the antennas which are not attached to a tower unless repairs to the tower are telecommunications tower, shall be a per- being made, and are in progress, mitted ancillary use to any commercial, industrial, public buildings, utility instal- (13) Schedule of structural integrity. Telecom- lation, and recreation (sites greater than munication tower owners/operators shall fen (iu) acres in size) land uses indicated uN :,it to tl.e liiiN ding depa iYi;eiii a on the future land use map of the city's tified statement from a qualified, regis- comprehensive plan provided that: tered, professional engineer, licensed in the State of Florida, attesting to the struc- a. Antennas shall only be permitted on tural and electrical integrity of the tower buildings which are at least fifty (50) on the following schedule: feet in height (the height require- a. All towers examined one year after ment may be waived if public safety initial construction. needs warrant the antenna); b. All towers every five (5) years; b. Antennas may not extend more than twenty (20) feet above the highest c. The city may require such certified point of a roof (this requirement may statement after a nearby unusually be waived if public safety needs war- severe storm event as determined by rant additional height); the (NOAA) national weather ser- vice. c. Antennas and related equipment buildings shall be located or screened (14) Ransmission /reception interference. Each to minimize the visual impact of the application to allow construction or mod - antenna upon adjacent properties and ification of a telecommunications tower shall be of a material or color which shall include a certified statement from a matches the exterior of the building qualified, registered, professional engi- or structure upon which it is situ- neer, licensed in the State of Florida, ated• attesting that the construction of the tower, including receiving and transmitting fun- d. No commercial advertising shall be tions, shall not interfere with public safety allowed on an antenna or supporting communications and the usual and cus- structure; tomary transmission or reception of radio, e. No signals, lights, illumination shall television, etc., service enjoyed by adja- be permitted on an antenna or equip- cent residential and non-residential prop- ment building unless required by erties. the Federal Communications Com- (15) Prohibitions with certain principal uses. mission (FCC) or the Federal Avia- Telecommunications towers are prohib- tion Administration (FAA): and ited when a proposed or existing principal Supp. No. 10 1378 ZONING use includes the storage, distribution, or sale of volatile, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals. This prohibition does not apply to emergency generators. (g) Co -location of communications antennas. The City of Winter Springs desires to minimize the number and general proliferation of commu- nication towers. This section is intended to insure that telecommunication towers that are permit- ted within the City of Winter Springs are utilized in a manner that provides for the maximum number of service providers upon each tower within the context of technical feasibility and safety. Further, this section is intended to minimize the number of such towers within the city. Specifi- cally, as a minimum, telecommunications towers exceeding one hundred (100) feet in height shall be engineered and constructed to accommodate three (3) communication providers. The city shall have the authority to require, specify and other- wise stipulate that telecommunication towers be engineered and constructed in a manner that provides for three (3) co -locations as part of the conditional use and/or site plan approval pro- cesses. As a condition of approval of all telecom- munication towers and to the extent that co - location is technically feasible, all owners of existing telecommunication towers shall, upon request of another service provider and for reasonable and agreed upon consideration, permit additional com- munication service providers upon such existing telecommunication tower. Applicants desiring to construct new telecommunication towers shall submit written documentation that clearly ex- plains the need for and reasons for the proposed construction of a new telecommunication tower rather than locating proposed antenna array/ communication equipment upon an existing tower. Such documentation shall include plans of exist- ing and future towers by the applicant/provider in question, correspondence with existing telecom- munication tower owners and may include a cost analysis of alternatives. Existing service provid- ers, e.g., existing telecommunication tower own- ers, that are unwilling, upon request of another service provider, to allow co -location upon such § 20-4DI existing tower, shall submit written documenta- tion to the city with reasons and justification as to why such co -location cannot be accomplished. Competition between service providers shall not be considered to be a valid reason for preventing or otherwise obstructing co -location. The city shall determine whether the applicant and/or existing provider are reasonable and correct in their re- spective assertions. If the city determines that either party is being unreasonable or otherwise uncooperative, the city shall deny the applicant's request for a new tower and/or the city may cause the existing telecommunication tower's approval to be revoked and said existing tower to be re- moved. Such determination involving existing tower owners shall be made in writing and adopted by a majority vote of the city commission upon holding an advertised public hearing and notification of the owner at least fifteen (15) days prior to such hearing. Upon adoption of such determination by the city commission, the existing tower owner and the property upon which such tower is located shall be considered to be a violation of the city's Land Development Regulations and shall be sub- ject to any and all remedies and penalties thereof. To minimize adverse visual impacts associated with the proliferation and clustering of telecom- munications towers, co -location of communica- tions antennas by more than one (1) carrier on existing or new telecommunication towers shall take precedent over the construction of new single - use telecommunications towers as follows: (1) Proposed communications antennas shall co -locate onto existing telecommunica- tions towers. (2) Type of construction. A telecommunica- tions tower which is reconstructed to ac- commodate the co -location of an addi- tional communications antenna shall be of a monopole tower type. Stealth -de- signed monopoles are encouraged. (3) Height. An existing telecommunications tower may be modified or rebuilt to the allowed height including antennas by com- pliance with this article; (4) Onsite-location. a. A Telecommunications tower which is being rebuilt to accommodate the Supp. No. 10 1378.1 WINTER SPRINGS CODE co -location of an additional commu- nications antenna may be moved onsite, but shall comply with or max- imize setback requirements from res- identially zoned property. b. After a telecommunication tower is rebuilt to accommodate co -location, only one (1) tower shall remain on the site; (h) Certification of compliance with Federal Communications Commission (FCC) NIER Stan- dards. Prior to receiving final inspection by the Winter Springs Building Department, documented certification shall be submitted to the FCC, with copy to the land development coordinator, certify- ing that the telecommunications facility complies with all cnrrPnt FCC rPmilntinnG for nnn-innwino, electromagnetic radiation (NIER). V (i) Abandonment. (1) In the event the use of any telecommuni- cations tower has been discontinued for a period of one -hundred eighty (180) consec- utive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the building official who shall have the right to request documentation and/or affida- vits from the telecommunications tower owner/operator regarding the issue of tower usage. The telecommunications tower own- er/operator shall provide all requested information within ten (10) working days of a request being made, and failure to so provide shall be deemed to constitute one hundred eighty days (180) days of non-use of the tower. Upon such abandonment, the owner/operator of the tower shall have an additional ninety (90) days within which to: a. Reactivate the use of the tower or transfer the tower to another owner/ operator who makes actual use of the tower; or b. Dismantle and remove the tower. With regard to towers that received conditional use approval, ninety (90) days after dismantling or the expira- tion of the two -hundred seventy (270) day period as set forth in this sec- tion, the conditional use and/or vari- ance for the tower shall automati- cally expire. (2) The City of Winter Springs, upon aban- donment, and at its discretion, may as- sume ownership of the tower at no cost, or require the owner to dismantle the tower at the owner's expense. If the decision is to dismantle the tower, the property shall be cleared of all appurtenances and re- turned to its natural state. (3) An appropriate surety instrument to as- sure dismantling costs shall be provided by the owner prior to a tower construction D erMi t. (Ord. No. 645, § 1, 7-14-97; Ord. No. 678, § 1, 10-13-97; Ord. No. 2Q04-49, § 2, 12-13-04; Ord. No. 2006-1% § % 242-06) Secs. 20-452-20-460. Reserved. ARTICLE VI. S.R. 434 CORRIDOR VISION PLAN* DIVISION 1. S.R. 434 CORRIDOR OVERLAY DISTRICT Sec. 20-461. Intent. The purpose and intent of this specialized overlay zoning district is to encourage and pro- vide for enhanced property development within the S.R. 434 commercial corridor. Some of the objectives to be attained through the establish- ment of this district include: enhancement of the commercial status of the corridor; reduction of visual distraction through uniform sign criteria; enhancement of physical appearance through in- creased landscaping of public and private prop- erty; provision of architectural design guidelines *Editor's note —Ord. No. 675, adopted Dec. 8, 1997, amended the Code by adding provisions designated as Art. VI, Divs. 1, 2, §§ 20-445-20-459. In order to reserve sections for future use, the editor has redesignated the provisions of Ord. No. 675 as herein set out. Supp. No. 10 1078.2 ZONING to create a unifying theme over time, protection of adjacent residential land uses; and maintenance of property values. (Ord. No. 675, 12-8-97) Sec. 20-462. Creation. In addition to, and supplemental to, other zoning and land development regulation require- ments heretofore and hereafter, the S.R. 434 Corridor Overlay District includes additional reg- ulations to promote the orderly development and redevelopment of the corridor, which shall be applied through imposition and mapping of an overlay district. The regulations are in addition to and not in substitution of the underlying zoning district regulations which shall also remain ap- plicable to the overlay zone. The overlay district design standards will govern development within the corridor and will control where conflicts be- tween regulations occur. (Ord. No. 675, 12-8-97) DIVISION 2. GENERAL DESIGN STANDARDS FOR NEW DEVELOPMENT AREA Sec. 20-463. Applicability to new develop- ment overlay zoning district. The following design standards shall apply to the New Development Overlay Zoning District which includes all properties adjacent to the S.R. 434 right -of --way from Hayes Road eastward to the easternmost boundary of the City of Winter Springs with exclusion(s) indicated in Ordinance No. 675. (Ord. No. 675, 12-8-97; Ord. No. 2003-23, § 2, 6-23-03) Sec. 20-464. Building height. No building shall exceed fifty five (55) feet in height. For the purpose of these design standards, building height shall be measured from ground level to the highest point of the coping of a flat roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. (Ord. No. 675, 12-8-97) Sec. 20-465. Setbacks. (a) No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: Buildings Parking S.R. 434 50 feet 15 feet Collector 35 feet 15 feet Street Internal 15 feet 15 feet Street Side 10 feet 5 feet Rear 10 feet 5 feet (b) The narrowest dimension of a lot adjoining a road right -of --way shall determine its front for the purpose of establishing yard requirements. (c) On corner lots, the front yard shall be considered as abutting the street upon which the lot has its least dimension. The rear lot, in this case, shall be opposite the front yard. (d) The following structures are specifically excluded from the setback restrictions: (1) Steps and walks: (2) Landscaping and landscape berms; (3) Planters three (3) feet in height or less; or (4) Other improvements as may be permitted under applicable regulations of the city. The board of adjustment will consider any request for the placement of such other improvements within a setback, only after a design review board review and recommendation. In determining whether to recommend city consent, the design review board may consider, without limiting the scope of their review, the following: (i) the extent w to hich any hardship exists that would justify a variance from the normal setback requirements; the aesthetics of the proposed improvements anI their visibility from common roads and adja- cent properties; (ill) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improvements. It is the owner's burden and responsibility to provide such infor- mation and documentation as may be requested by the design review board in order to justify to the design review board that the intrusion of Supp. No. 10 1378.3 § 20465 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 1378.4 ZONING (22) Jul areas not otherwise landscaped, in- cluding the right-of-way, shall be sodded with St. Augustine solid sod by parcel owners. Other suitable sod may be per- mitted in low visibility areas or areas subject to periodic water inundation. (23) A walkway with a minimum width of five (5) feet, shall be constructed to connect the main public entrance door of a build- ing to the public walkway along rights -of - way. Where the walkway crosses parking or an access drive, the walkway shall be delineated. A landscaped area, which in- cludes sidewalk and landscaping, a mini- mum of nine (9) feet in total width shall separate the walkway from parking spaces. The use of architectural features and land- scaping is encouraged to define pedes- trian gateways. If shrubs are used in the landscaped area along walks, they shall be set back so as not to form a "wall" along the edge of the walk. (Ord. No. 675, 12-8-97) Sec. 20-469. Buffers and walls. (a) Buffers: A minimum fifteen (15) foot land- scape buffer shall be provided by the developer/ property owner abutting the designated right-of- way lines at the time of development order or permit approval. The landscape buffer may be contained within a landscape easement. (1) The developer/property owner shall be responsible for the purchase, installation, maintenance and irrigation of all re- quired landscaping. (2) This area shall be planted with live oaks or other deciduous trees with a minimum two and one-half (2.5) inch (dbh) caliper and overall height of ten (10) to twelve (12) feet at time of planting no closer than five (5) feet from the back of the right-of- way line. The trees shall be planted every fifty (50) feet. (3) A minimum of four (4) sub -canopy trees and two (2) deciduous trees per one hun- dred (100) feet of frontage or fraction thereof shall be planted in and about the buffer. Plantings should be naturalistic rather than formal in order to blend with the natural landscape. (4) No existing or dedicated public or private right -of --way shall be included in calcula- tion of the buffer widths. (5) Stormwater retention areas may be per- mitted in the corridor buffer area subject to the following: a. No more than sixty (60) percent of the corridor buffer area can be used for stormwater retention; b. Stormwater retention areas shall be naturalistic in shape, dry, sodded, and designed to blend with the over- all landscape theme and landform; c. Stormwater retention areas may be wet if designed to be part of a water feature; d. Designs which require fencing shall be prohibited; and e. No slope shall be greater than that indicated in section. 9-241(d)(1) and (2) City Code. (6) Existing vegetation shall be used where possible to meet these requirements. (b) Any developer or property owner proposing a commercial or multi -family development or re- development adjacent to a single family zoning district or use shall construct, at the developer's expense, an opaque wall of six (6) feet in height along the full length of the property line between such development or redevelopment and the ad- jacent single family zoning district or use. A wall shall also be required for a proposed commercial development or redevelopment adjacent to a multi- family zoning district or use, as required above. The wall shall be constructed of concrete block, brick or other durable material (wood not al- lowed) which is compatible with the surrounding area, and acceptable to the development review committee as to compatibility, design, and compli- ance with this section and the City Code. The wall requirements of this section shall apply internally within the boundaries of Town Center, but only to buffer loading docks, service areas, and trash disposal facilities from adjacent single-family or Supp. No. 10 1383 WINTER SPRINGS CODE multi -family residential uses. If a an is required internally within the Town Center, the wall re- quirement may be waived or varied by the devel- opment review committee and city commission pursuant to the special exception criteria and procedure set forth in the Town Center District Code. The wall requirements of this section shall also apply along the boundary of property that also constitutes the outer perimeter of the exist- ing area zoned Town Center. (c) Walls: All freestanding walls, sound barri- ers, ground sign enclosures, planters, manmade structures fronting along the designated roadway or its major intersections shall be of brick, deco- rative or split -faced concrete block. When these materials are used for a visual screen, they shall conform to the architectural style, materials, and color of the development. (Ord. No. 675, 12-8-97; Ord. No. 710, §§ III, IV, 1-11-99; Ord. No. 2000-07, § 2.C, 5-8-00) All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the city commis- sion if such signs or sign elements are visible from adjacent properties or a street right -of --way. (1) Ground mounted multi -tenant sign: For each multi -tenant development under sep- arate ownership, one (1) wide -based mon- h. Building Size (Gross Floor Area) Under 75,000 square feet 75,000-250,000 square feet Over 250,000 square feet Maximum Copy Area 32 square feet 48 square feet 64 square feet ument style, permanent sign with land- scaped base shall be permitted. For developments with five hundred (500) feet of frontage or more on a major road, one (1) additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: a. Shall only be reserved for the ten- ants' on -premises use. b. Shall be located no closer than fif- teen (15) feet from front, side, or rear property lines. c. Shall have a maximum of two (2) faces. d. Shall be consistent in design, format uiau 111u U1:.l lua.:l YY ♦U1L LllV uLi.lxl�Gl,LutC of the proposed building(s). e. A entry wall sign shall not be higher than eight (8) feet above the closest f. Signs shall be in an enclosed base a minimum width of two-thirds (2/3) the width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to pro- mote color. g. Signs shall be in accordance with the following schedule: Maximum Height 12 feet 14 feet 16 feet Multi -tenant centers are permitted additional signs for anchor tenants according to the following schedule: Building Size (Gross Floor Area) Under 75,000 square feet 75,000-250,000 square feet Supp. No. l0 1384 Anchor Tenant Additional Sign 2 of 12 square feet 3 of 12 square feet Building Size (Gross Floor Area) Over 250,000 square feet ZONING Anchor Tenant Additional Sign 4 of 12 square feet An anchor tenant is defined as the (3) Building mounted multi -tenant identifica- major retail store(s) in a center that tion sign for buildings with separate exte- is/are in excess of one hundred (100) riots tenant entrances: In addition to the front feet and a minimum area of ten ground mounted identification sign, ten - thousand (10,000) square feet. ant signs shall be permitted on the exte- (2) Ground mounted single -tenant sign: One rior walls of the building at a location near the principal tenant entrance, and (1) wide -based monument style, perma- be consistent with the following criteria: nent sign shall be permitted per single - tenant parcel. One additional permanent a. Shall be limited to one sign per ten - wide -based monument style sign may be ant for on -premises use. permitted for parcels in excess of one (1) b. The sign(s) shall be clearly inte- acre with more than one (1) ingress/ egress serving more than one (1) building. grated with the architecture of the The minimum separation for all signs on building, and shall be consistent in an individual ownership parcel shall be design, format, and materials with two hundred (200) feet. the architecture of the proposed build- i a. Shall only be reserved for the tenant's ng. on premises use. c. The sign(s) shall not either project above any roof or exceed a height of b. Shall be located no closer than fif- fourteen (14) feet. teen (15) feet from the front, side or rear property lines. d. Wall signs shall display only one (1) c. Shall not exceed two (2) faces. surface and shall not be mounted more than twelve (12) inches from d. Sign copy area shall not exceed thirty- any wall. two (32) square feet per face. For parcels in excess of 4.0 acres, the e. When more than one (1) tenant sign project identification sign face may is used on one (1) building, all tenant be increased to forty-eight (48) square signage shall be consistent in size, feet. materials, and placement. e. Shall be consistent in design, format f. The maximum size of sign letters and materials with the architecture and logos, including any sign back,, of the proposed building. grounds, shall be twenty-four (24) f. The sign shall not be more than inches in height for individual ten,, nts other than anchor tenants. The a eight (8) feet in height above the maximum height of letters and logos closest driveway or vehicular use for anchor tenants in a retail center area, shall not exceed twenty-five (25) per - go Signs shall be in an enclosed base cent of the building height. An an - that is at a minimum the full width chor tenant is defined as the major of the sign. Landscaping shall be retail store(s) in a center that is/are incorporated around the base to in- in excess of one hundred (100) front clude low growing shrubs and ground feet and a minimum area of ten cover and/or annuals to promote color. thousand (10,000) square feet. Supp. No. 10 1385 WINTER SPRINGS CODE g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the storefront the busi- ness occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. h. For office buildings without separate exterior tenant entrances, one wall sign not exceeding two (2) square feet shall be permitted identifying each individual tenant. The sign shall be located adjacent to the building entrance. (4) Building mounted single tenant sign: In addition to the ground -mounted sign, a building mounted sign may be permitted rnnPio,!+7k +nnt wtl?n fnllmiTr x " nv% grin• __.., .. _.._.. ......._.. 1. �tb >..�..... a. Shall be reserved for one (1) tenant's on -premises use. Building Size (Gross Floor Area) Less than 50,000 square feet 50,000 to 100,000 square feet Over 100,000 square feet Max. Copy Area 16 square feet 32 square feet 48 square feet (5) Reserved (6) Reserved. (7) Changeable copy signs. In order to create continuity throughout the corridor all changeable copy signs shall be as follows: a. The sign cabinet shall be all alumi- num extrusion or better as approved by staff. Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described be- low: 1. Changeable copy signs shall not comprise more than twenty- five (25) percent of the permit- ted sign area. Supp. No. 10 1386 b. The sign is located on the exterior wall of a building. c. The sign shall be consistent in de- sign, format and materials with the architecture of the proposed build- ing. d. The sign shall not either project above any roof or exceed the height of four- teen (14) feet. e. The sign shall display only one (1) surface and shall not project more than twelve (12) inches from any wall. £ Signs shall conform to the following schedule: Max. Letter Height 2 feet 25% height of building 25 o height of building (8) Backlit signs: Backlighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (9) Permanent flags: The following standards shall apply to permanent flags: a. One (1) flagpole may be permitted per parcel. b. The maximum width from top to bottom of any flag shall be twenty (20) percent of the total distance of the flag pole. c. Flagpoles shall maintain the same setback requirements tenant monu- ment signs. ZONING d. Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade. (10) Nonconforming signs. a. Any sign, other than billboards, which is nonconforming shall be amortized and may be maintained until Novem- ber 14, 2002. b. At or prior to November 14, 2002, all nonconforming signs shall be re- moved and may be replaced with signs that conform to the design stan- dards set forth in the S.R. 434 New Development regulations. c. Violations shall be subject to Chap- ter 2, Article 3, Division 2, Code Enforcement, City of Winter Springs Code of Ordinances. (Ord. No. 675, 12-8-97; Ord. No. 2000-17, § 1, 642-00; Ord. No. 2003-06, § 3, 12-8-03; Ord. No. 200648, § 3, 10-23-06) Sec. 20-471. Utility lines. All new or relocated utility lines within the designated corridor shall be constructed and in- stalled beneath the surface of the ground unless it is determined by the city that soil, topographical, or any other compelling conditions, make the underground installation of such utility lines as prescribed herein unreasonable and impractica- ble. (1) It shall be the developer's responsibility on -site to make the necessary arrange- ment with each utility in accordance with the utility's established policy. (2) The underground installation of inciden- tal appurtenances, such as transformer boxes, switch boxes, or pedestal mounted boxes for the provision of electricity shall not be required. However, such appurte- nances where not rendered impractical by the determination of the city shall be installed on the site of any development approved after the adoption of this sec- tion. The necessary easements to allow the utility company access and service to such appurtenances shall be dedicated to the service provider by the developer prior to issuance of a building permit. (3) All transformers and switch boxes related to development approved after the adop- tion of this section shall be set back a minimum of fifteen (15) feet from any right-of-way and visually screened using landscape materials or masonry construc- tion in conformance with these land de- velopment regulations. (Ord. No. 675, 12-8-97) Sec. 20-472. Corridor access management. (a) A system of joint use curbed driveways and cross access easements shall be established wher- ever feasible along the S.R. 434 Corridor and the building site shall incorporate the following: (1) Across access corridor extending the en- tire length of each block served to provide for driveway separation (consistent with the F.D.O.T. access classification system and standards). (2) A design speed of ten (10) mph and suffi- cient width to accommodate two-way travel aisles designed to accommodate automo- biles, service vehicles, and loading vehi- cles. (3) Stub -outs and other design features to make it visually obvious that the abutting proper -ties may be tied in to provide cross - access via a service drive. (4) A unified access and circulation system plan that includes coordinated or shared parking areas is encouraged wherever fea- sible. (b) Shared parking areas shall be permitted a reduction in required parking spaces if peak de- mand periods for proposed land uses do not occur at the same time periods. (c) Pursuant to this section, property owners shall: (1) Record an easement in the public records allowing cross access to and from other properties served by the joint use drive- ways and cross access or service drive; Supp. No. 10 13$7 § 20-472 WINTER SPRINGS CODE (2) Record an agreement in the public records that remaining access rights along the thoroughfare will be dedicated to the city and pre-existing driveways will be closed and eliminated after construction of the joint -use driveway. (3) Record a joint maintenance agreement in the public records defining maintenance responsibilities of property owners. (d) The city engineer may reduce required separation distance of access points, except as provided in (f), where they prove impractical, provided all of the following requirements are met: (1) Joint access driveways and cross access easements are provided where feasible in accordance with this section. (2) The site plan incorporates a unified ac- cess and circulation system in accordance with this section. (3) The property owner shall enter a written agreement with the city, recorded in the public records, that pre-existing connec- tions on the site will be closed and elimi- nated after construction of each side of the joint use driveway. (e) The Florida Department of Transportation (FDOT) has established minimum spacing reg1 it ments for the GreeneWay (S.R. 417) Interchange Area. (Ord. No. 675, 12-&97) Sec. 20-473. Building and screening design guidelines. (a) Projects shall use materials consistent with materials used in the area, acceptable materials include stucco, split -faced or decorative concrete block, reinforced concrete with tile, and brick and terra cotta accent material. Inappropriate mate- rials are river rock, unfinished timber (un- painted), shake roofs, reflective/mirror glass, and metal siding. Materials should be of high quality and well crafted. (b) Mechanical equipment and appurtenances, including but not limited to air conditioner units, ventilation equipment, refrigeration systems, heat- ing units, etc., must be screened so that they are not visible from any public right-of-way. The screen shall consist of a solid wall, facade, parapet or other similar screening material which is archi- tecturally compatible and consistent with the associated building. Such screening material shall extend at least one (1) foot above the object to be screened. If landscaping is utilized, the plantings must be high enough within one (1) year of planting to provide a screen which will screen the entire unit. In the case of satellite dishes, they shall be screened from view from ground level of adjacent rights -of --way and properties by build- ings, dense landscaping or screen walls. The de- sign review board may permit dishes on buildings if no part of the dish is visible from the ground of surrounding properties. Setbacks for antennas ^r? cut^lli+^ d;�l; Al: 11 b^ t1, , 4-1 , u sa.r, uu �..� building setbacks. (c) All storage areas shall be screened from view from the right -of --way and from adjacent c 61dwAlal Luah g disbl1Cb's. Screwling enclusuiAes may consist of any combination of landscaping and opaque building materials. If building mate- Supp. No. 10 1388 [The next page is 1391] ZONING brick or other durable material (wood not al- lowed) which is compatible with the surrounding area, and acceptable to the development review committee as to compatibility, design, and compli- ance with this section and the City Code. A wall shall also be required for a proposed commercial development or redevelopment adjacent to a multi- family zoning district or use, as required above. The wall shall be constructed of concrete block, brick or other durable material (wood not al- lowed) which is compatible with the surrounding area, and acceptable to the development review committee as to compatibility, design, and compli- ance with this section and the City Code. The wall requirements of this section shall apply internally within the boundaries of Town Center, but only to buffer loading docks, service areas, and trash disposal facilities from adjacent single-family or multi -family residential uses. If a wall is required internally within the Town Center, the wall re- quirement may be waived or varied by the devel- opment review committee and city commission pursuant to the special exception criteria and procedure set forth in the Town Center District Code. The wall requirements of this section shall also apply along the boundary of property that also constitutes the outer perimeter of the exist- ing area zoned Town Center. (c) Walls: All freestanding walls, sound barri- ers, ground sign enclosures, planters, manmade structures fronting along the designated roadway or its major intersections shall be of brick, deco- rative or split -faced concrete block. When these materials are used for a visual screen, they shall conform to the architectural style, materials, and color of the development. (Ord. No. 683, 11-10-97; Ord. No. 710, § IV, 1-11-99; Ord. No. 2000-07, § 2.D, 5-8-00) Sec. 20-486. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the city commis- sion if such signs or sign elements are visible from adjacent properties or a street right -of --way. (1) Ground mounted multi -tenant sign: For each multi -tenant development under sep- arate ownership, one (1) wide -based mon- ument style permanent sign with land- scaped base identifying the name of the development and businesses within the development shall be permitted. For de- velopments with five hundred (500) feet of frontage or more on a major road, one (1) additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: a. Shall only be reserved for the tenant's on -premises use. b. Shall be located no closer than ten (10) feet from front, side, or rear property lines. c. Shall have a maximum of two (2) faces. d. Shall be consistent in design, format and materials with the architecture of the proposed building(s). e. A wall sign shall not be higher than eight (8) feet above the closest vehic- ular use area. £ Landscaping shall be incorporated around the base to include low grow- ing shrubs and ground cover and/or annuals to promote color. g. Signs shall be in accordance with the following schedule. Building Size Maximum Copy (Gross Floor Area) Area Maximum Height Under 75,000 32 square feet 12 feet square feet 75,000-250,000 48 square feet 14 feet square feet Supp. No. 10 1397 Bung Size (Gross Floor Area) Over 250,000 square feet WINTER SPRINGS CODE Maximum Copy Area 64 square feet Maximum Height 16 feet h. Multi -tenant centers are permitted one additional signs for each anchor tenants according to the following schedule: Building Size (Gross Floor Area) Under 75,000 square feet 75,000-250,000 square feet Over 250,000 square feet An anchor tenant is defined as the major retail store(s) in a center that i in nurn c of nnn hiinr7rorl (10M front feet and a minimum area often thousand (10,000) square feet. (2) Ground mounted single -tenant sign: One (1) wide -based monument style perma- nent sign shall be permitted per single - tenant parcel. One additional permanent wide -based monument style project Men- tification sign may be permitted for par- cels in excess of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum sep- aration for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only be reserved for the tenant's on -premises use. b. Shall be located no closer than ten (10) feet from the front, side or rear property lines. c. Shall not exceed two (2) faces. d. Sign copy area shall not exceed thirty- two (32) square feet per face. For parcels in excess of four (4.0) acres, the sign face may be increased to forty-eight (48) square feet. e. Shall be consistent in design, format and materials with the architecture of the proposed building. Supp. No, l0 1398 Anchor' Tenant Additional Sign 2 of 12 square feet 3 of 12 square feet 4 of 12 square feet f. The sign shall not be more than eight (8) feet in height above the nl�no�± r1i;N7n<xrn<T Or J area. g. Signs shall be in an enclosed base a minimum width of two-thirds (2/3) the i% idtll of the ui i1. T�and iapi lg shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to pro- mote color. (3) Building mounted multi -tenant sign for buildiI gs with separate exterior' tenant entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the princi- pal tenant entrance, and be consistent with the following criteria: a. Shall be limited to one (1) sign per tenant for on -premises use. b. The sign(s) shall be clearly inte- grated with the architecture of the building. Shall be consistent in de- sign, format, and materials with the architecture of the proposed build- ing. c. The sign(s) shall not project above any roof or canopy elevations. d. Wall signs shall display only one (1) surface and shall not be mounted more than twelve (12) inches from any wall. ZONING e. When more than one (1) tenant sign is used on one (1) building, all tenant signage shall be consistent in size, materials, and placement. £ The maximum size of sign letters and logos, including any sign back- grounds, shall be twenty-four (24) inches in height for individual ten- ants other than anchor tenants. The maximum height of letters and logos for anchor tenants in a retail center shall not exceed twenty-five (25) per- cent of the building height. An an- chor tenant is defined as the major retail store(s) in a center that is in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the storefront the busi- ness occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. h. For office buildings, one wall sign not exceeding two (2) square feet Building Size (Gross Floor Area) Less than 50,000 square feet 50,000 to 100,000 square feet Over 100,000 square feet shall be permitted for an individual tenant. The sign shall be located adjacent to the building entrance. (4) Building mounted single tenant sign: In addition to the ground -mounted sign, a building mounted sign may be permitted consistent with the following criteria: Max. Copy Area 16 square feet 32 square feet 48 square feet (5) Changeable copy signs: In order to create continuity throughout the corridor all changeable copy signs shall be as follows: a. The sign cabinet shall be all alumi- num extrusion or better as approved by staff. Changeable copy signs may be incorporated into permitted signs a. Shall be reserved for one (1) tenant's on -premises use. b. The sign is located on the exterior wall of a building. c. The sign shall be consistent in de- sign, format and materials with the architecture of the proposed build- ing. d. The sign shall not project above any roof or canopy elevations, and the top of the sign shall not be higher than fourteen (14) feet above the main entry floor. e. The sign shall display only one (1) surface and shall not project more than twelve (12) inches from any wall. £ Signs shall conform to the following schedule: Max. Letter Height 2 feet 25% height of building 25% height of building and shall be included as part of the permitted sign area as described be- low: 1. Changeable copy signs shall not comprise more than twenty- five (25) percent of the permit- ted sign area. (6) Backlit signs: Backlighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. Supp. No. 10 1399 § 20-486 WINTER SPRINGS CODE (7) Permanent flags: The following standards shall apply to permanent flags: flagpole and one (1) flag may be permitted per parcel. b. The maximum width from top to bottom of any flag shall be twenty (20) percent of the total distance of the flag pole. c. Flagpoles shall maintain the same setback requirements as tenant mon- ument signs. d. Flagpole heights shall be between twenty (20) and thirty-five (35) feet in height above grade. (8) Nonconforming signs. a. Any sign, other than billboards, which is nonconforming shall be amortized and may be maintained until Novem- ber 14, 2002. b. At or prior to November 14, 2002, all nonconforming signs shall be re- moved and may be replaced with signs that conform to the design stan- dards set forth in the S.R. 434 Rede- velopment regulations. c. Violations shall be subject to Chap- ter 2, Article III, Division 2, Code Enforcement, City of Winter Springs Code of Ordinances. (Ord. No. 683, 1140-97; Ord. No. 2000-17, § 1, 642-00; Ord. No. 2003-06, § 3, 12-8-03; Ord. No. 2006-18, § 2, 10-23-06) Sec. 20487. Utility lines. All new or relocated utility lines within the designated corridor shall be constructed and in- stalled beneath the surface of the ground unless it is determined by the city that soil, topographical, or any other compelling conditions, make the underground installation of such utility lines as prescribed herein unreasonable and impractica- ble. (1) It shall be the developer's responsibility on -site to make the necessary arrange- ment with each utility in accordance with the utility's established policy. Supp. No. 10 1400 (2) The underground installation of inciden- tal appurtenances, such as transformer boxes, switch boxes, or pedestal mounted boxes for the provision of electricity shall not be required. However, such appurte- nances where not rendered impractical by the determination of the city shall be installed on the site of any development approved after the adoption of this sec- tion. The necessary easements to allow the utility company access and service to such appurtenances shall be dedicated to the service provider by the developer prior to issuance of a building permit. (3) All transformers and switch boxes related to development approved after the adop- tion of this section shall be set back a minimum of fifteen (15) feet from any right -of --way and visually screened using landscape materials or masonry construc- tion in conformance with these land de- velopnzew, regulations. (Ord. No. 683, 11-10-97) Sec. 20-488. Corridor access management. (a) A system of joint use curbed driveways and cross access easements shall be established wher- ever feasible along the S.R. 434 Corridor and the building site shall incorporate the following: (1) Across access corridor extending the en- tire length of each block served to provide for driveway separation (consistent with the access classification system and stan- dards). (2) A design speed of ten (10) mph and suffi- cientwidth to accommodatetwo-way travel aisles designed to accommodate automo- biles, service vehicles, and loading vehi- cles. (3) Stub -outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross - access via a service drive. (4) A unified access and circulation system plan that includes coordinated or shared parking areas is encouraged wherever fea- sible. ZONING (b) Shared parking areas shall be permitted a reduction in required parking spaces if peak de. nand periods for proposed land uses do not occur at the same time periods. (c) Pursuant to this section, property owners shall: (1) Record an easement in the public records allowing cross access to and from other properties served by the joint use drive- ways and cross access or service drive; (2) Record an agreement in the public records that remaining access rights along the thoroughfare will be dedicated to the City of Winter Springs and pre-existing drive- ways will be closed and eliminated after construction of the joint -use driveway. Supp. No. 10 1401 § 20-488 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 10 1402 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 2006-02 5-22-06 2 2-118 2006-03 5-22-06 2 20-419 2006-11 9-11-06 2 9-10(c) 2006-12 2-12-06 2 20451 2006-18 10-23-06 2 16-51-16-61, 16-76-1649 Rpld 16-80-16-84, 16-86 Amd 16-87 Added 16-89-16-92 3 20-470 4 20-486 5 Rpld 20-337 2006-19 11-13-06 2 20-232(a)(81), 20- 234(1), 20-353(5), 20-379(5) 2006-20 11-27-06 2 9-501, 9-546-9-5551 2006-23 12-11-06 2 10-26-10-32 3 2-69.4(a) 4 5-4(e) 5 9-386.7(7), 9-504(c), 6 10-55, 10-68(b), 10-80(1), 10-81, 10-88(d), 10-91(1), 10-93, 10-115(c)(2), 10-136 7 19-174(c) 2007-08 4- 9-07 2 19-97 3 19-100 2007-12 6-11-07 2 2-151, 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 9-600, 9-607 [The next page is 21451 Supp. No. 10 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 ,111 2 10-87 F1. Adm. Code Section l+'.S. Section Chapter this Code Section this Code 17-50 19-92(c) 163.3171 et seq. Ch. 15 19-95(b) 163.3180 9-5461 9-547 19-95(c) 9-550. 9-551 19-129 163.3181(3) 20-102(f) 17-555.360 Ch. 19, Art, IV, Ch. 163.3202 9-391 Div. 2 Ch. 166 Ch. 2 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 1-11 Ch. 50 2-64(b)(1) 10-52 50.041 2-64 20-102(f) 50.051 2-64 20-104 60.05 1344 166.201 et seq. Ch. 2, Art. VI Ch. 97, Ch. 98 2-89 Ch. 18 166.221 Ch. 10 99.093 2-88 1664231 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 et seq. Ch. 17 119.07 18-29 189.4042 18421 Ch. 162 Ch. 21 Art. III, Div, 2 200.065 Ch. 2, Art, VI 2-561 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), 162.06(3) 2-59 Ch. 205 Ch. 10 162.07 2-60 Ch. 10, Art. II 162.08 2-61 205.043(c) 10-30 162.09 2-61 2054053 10-32 3-3 205.053(l) 10-29 162.10-162.13 2-62-2-65 Cho 212 18-27 162.22 3401 10-57 Ch. 218 Ch. 2, Art, VI Ch. 163 9-3911 10-52 315.1956 12-65 20-26 Cho 316 Cho 12 Ch. 163, No II 9-500 12-2 20-28(a) 13-26 163.3161 et seq. 9-386.1 20431(1)a. Supp. No. 10 2145 WINTER SPRINGS CODE F.S. Section F.S. Section Section this Code Section this Code 316.1945(b)(2) 7-4 Cho 828 Cho 316.1955 et seq. 20-467, 20483 Ch. 847 10-55, 10-73 20-504 847.13 10-55 316.2055 Ch. 16, Art. II 847.0133 10-55 316.2065 13-62 Cho 849 10-115 316,293 13-44 849.04 Ch. 10, Art, IV Ch. 318 12-2 849.07 Ch. 102 Art. IV Ch.320 12-2 849.16 10-115 Ch.322 12-2 865.09 10-68 Ch.335 17-27 865.09 10-61 336.10 17-27 874.03 1342113-74 3376401 18-31 Chi 893 10-73 Ch. 380.06 9-403 893.138 13-72, 13-74 403.415 13-36 Cho 893 13-72 Ch. 16, Art. II 893.138 13-70 479.155 Ch. 16, Art. III Ch. 895 10-73 Ch.480 10-55 943.085-9430255 2-68 489.105 6-32 943.25(13) 11-2(a), 11-2(b) 489.127 6-270, 6-2721 6-2741 6-275, 6-279 489.132 6-270, 6-272 533.73 6-31, 6-32 538.01 et seq. Ch. 10, Art. VI Ch. 553 Ch. 6 Ch. 6, Art. III 553.06 Ch. 6, Art, V 553.19 Ch. 61 Art. IV 553.73 Ch. 6, Art. V 6-81 553.955 et seq. 6-6 Chs. 561-565 10-73 561.01 et seq. Ch. 3 561.14 3-3 561.20(7)(a) 3-3 562.45(2) Ch. 10, Art. III, Div, 2 Ch. 633 Ch. 7, 7-46 7-50 633.521 Mel Ch. 650 Ch. 14, Aft. II 14-26(a) 650.02 14-26(a) 705.101 et seq. 2-1 7754082; 775.083 2-69.5(e), 11-1 Ch. 794 10-55, 10-73 Ch. 796 10-52, 10-55, 10-73 796.07 13-72, 13-74 Ch. 800 10-551 10-73 806.101 7-3 8120019 1344 817.32, 817.33 Ch. 10, Art. IV Ch. 826 10-55, 10-73 Ch. 827 1043 Supp. No. 10 2146 [The next page is 21971 CODE INDEX Section Section A ADULT ENTERTAINMENT ESTABLISH - ABANDONMENT MENTS, SEXUALLY ORIENTED BUSI- 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, . a 4 a 6 a 0 0 a 0 0 0 a 4 0 a 4 a a a a 0 a 9 9 0 2-194 Measurement of distance................ 10402 Motor vehicle abandonment ............. 12-53, 12-54 Notice.................................. 10-56 Nonconformities ........................ 9-565 Obscenity/indecent exposure unlawful .... 10-54 Street and alley abandonment ........... 17-27 Operation contrary to operational requires, 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 a 4 a 4 a a 0 0 a a 9 0 6 a 6 10-57 maintenance .................... 19429 Prohibited locations for.................. 10-101 Provisions ACTIONS. See: SUITS, ACTIONS AND Adult performance establishment...... 10-79 OTHER PROCEEDINGS Adult theater ........................ 1048 Commercial bodily contact establish - ADULT ENTERTAINMENT ESTABLISH- menu .......................... 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, ...........0 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. . a 0 a 0 a a 4 a a a 4 0 a 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 intent/incorporation Continuing duty/false or misleading infor- of whereas clauses ................. 10-52 mation ............................ 10-62 Records and reports Definitions ............................. 10-55 Generally............................ 10-70 Engaging in prohibited activity Unlawful provisions, records .......... 10-88 Customers ........................... 10-82 Worker records....................... 10-75 Workers/operators.................... 10-83 Sexually oriented businesses............. 10-77 Escorts and escort services Short title .............................. 10-51 Escort service, generally .............. 10-81 Use of restrooms or dressing rooms ...... 10-86 Special prohibitions relating to, unlaw- Zoning ................................. 10400 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 ....... a 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. . & a a a 9 9 a 9 0 a 6 9 6 a a a 10-65 Operation without..... We* 10-84 ALARMS, ALARM SYSTEMS Reapplication after denial ............. 10-67 False alarms Reasons for denial of application of.... 10-66 Prohibited ........................... 7-28 Required. . 6 a a 0 4 0 a 0 a & 0 6 9 a a 0 a 1 0 a 0 a a a 0 a a 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. . 0 a 0 & a a 0 9 a 0 a a a 0 a 4 6 a 0 a 0 6 a 4 a 10-71 Compliance for existing system........ 13-53 Supp. No. 10 3111 ALARMS, ALARM SYSTEMS (Cont'd.) Definition. . 0 6 4 0 a 0 a 0 * 9 a a a a 4 4 0 0 * q a a t a 9 a Disconnection of system, . 0 a V 0 a 0 * 9 a a a 0 0 Emergency telephone number ........ . False alarms Warning notice .................... Installation, modification, notice of ... . Reset, disabled system, response to ... . Service fee ........................... Waiver of fee ......................... ALCOHOLIC BEVERAGES Bottle clubs prohibited ................. . Definitions ............................. Hours of sale; hours consumption prohib- ited in places of public accommoda- tion..............................0 Location of business prohibited near church or school .........................a Nudity prohibited upon alcohol licensed premises, bottle clubs ............. . vyC r CUAXU"111E , ii: pilbii� Yiu�cS ........ . Penalty................................ State of emergency (declaration of) ...... . Vendors (alcoholic beverage) in town center AMENDMENTS Additions and amendments deemed incor- porated in Code, a 0 0 9 * 9 a 0 0 a 0 a 0 0 4 9 0 6 a Altering Code. a 9 0 a 9 a 0 a 0 0 4 4 6 0 a 0 6 a 9 * 9 a a a 0 4 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 .................. ANIMAI.,S AND FOWL Animal control and protection ordinance of Seminole County, Florida, adopted . . Kennel zoning .......................... Noise disturbances prohibited Specific provisions,. at@ 004 a ease bad Sao$ Zoning regulations for animals.......... . ANNEXATIONS Annexations east of DeLeon Street prohib- WINTER SPRINGS CODE Section Section ANNEXATIONS (Cont'd.) 13-51 Certain ordinances not affected by Code .. 1-7(9) 13-61 Fee .................................... 2416 13-55 Waiting period for annexation ........... 2417 13-58 ANTENNAS 13-52 Television dish antennas ................ 6-83 13-54 APPROPRIATIONS 13-59 Certain ordinances not affected by Code .. 14(7) 13-60 ARBORS. See: TREES AND SHRUBBERY 3-5 ASSESSMENTS 3-1 Local improvements Certain ordinances not affected by Code 1-7(8) Local improvements assessments ........ 18-51 et seq. 3-4 See: TAXATION 3-2 ATHLETIC FACILITIES Use of city athletic facilities; fees ....... 4 2-2 3-10 AUDITS, AUDITING U-1 3-8 City -owned property, recording and identi- 2-255 fying re auditing procedure......... 2-192 3-3 AUTOMATIC FIRE SPRINKLER SYSTEMS Florida Fire Prevention Code, local amend- mentto ........................... 17-60 1-10 AWNINGS 1-14 Permit for erection of awnings over side- walk 1-11 Fee, a 0 * 0 0 0 9 a 0 9 a 4 0 0 4 of 0 0 9 0 a * 0 a 4 * 0 0 a P a 0 17-52 Required; application ................. 17-51 7-46 et seq. B BANNERS Signs and advertising requirement ....... 16-87 20-104 BARBED WIRE. See: FENCES, WALLS, HEDGES AND ENCLOSURES 20-6 BARRICADES Street excavation barricades ............. 17-80 10-111 BARS Alcoholic beverage regulations generally.. 3-1 et seq. See: ALCOHOLIC BEVERAGES 13-31(f) 10-115 BEAUTIFICATION BOARD Composition; appointment of members ... 247 Created................................ 2-76 Duties; expenditures ................... 0 2-79 4-1 Master beautification plan; recommenda- 20-416 tions to city 31(c) Organization; meetings .................. 2-78 13- 20-413 BEER Alcoholic beverage regulations generally.. 3-1 et seq. See: ALCOHOLIC BEVERAGES 2-118 BIDS, BIDDING. See: FINANCES Supp. No. 10 3112 CODE INDEX Section BILLBOARDS. See: SIGNS ANDADVERTIS- BUILDINGS (Contd.) ING Citations; unlicensed contractors; failure BLASTINGAGENTS. See: EXPLOSIVES AND to obtain a building permit BLASTING AGENTS Administrative hearings; accrual of pen- alties ........................... BOARDS, COMMITTEES AND COMMIS- Appeals of code enforcement board deci- SIONS. See: DEPARTMENTS AND sions .......................... . OTHER AGENCIES OF CITY Citation authorized for construction con- tracting violations.............6. BOATS Citation form ....................... . Noise disturbances prohibited Correction of violation; payment of pen,, Specific provisions alty; notice of hearing .......... . Motorboats ........................ 13-31(i) Findings.. ................... Vehicle and boat repairs............ 13-31(e) Intent and purpose., BOND ISSUES Notices ............................. . Certain ordinances not affected by Code.. 14(2) Penalty .............................. Recording code enforcement board or,, BONDS, SURETY OR PERFORMANCE ders ........................... . City -owned property supervision and con- Refusal to sign citation .............. . trol, bond for custodian re ...... agog 2493 Stop work .......................... . Land development bonding procedure .... 9-76 Code enforcement board ................ . Street excavations, bond requirement .... 17-77 See: CODE ENFORCEMENT BOARD BOOKSTORES Codes Adult entertainment establishments gaga. 10-55 et seq. Electrical code ...................... . See: ADULT ENTERTAINMENT ES- Energy efficiency code adopted TABLISHMENTS, SEXUALLY Gas code ............................ . ORIENTED BUSINESSES Mechanical code, .................... . See herein: Mechanical Code BOTTLE CLUBS Plumbing code ...................... . Prohibited, 3-5 Standard building code BOTTLES Adopted .......................... . Prohibitions ............................ 13-2 Amendment to building code....... . Standard existing building code BUDGET. See: FINANCES Adopted ........................... BUILDINGS Standard housing code Adopted.. Accessory buildings ..................... 6-84 Swimming pool code.. Administration " " " " " Administrative amendments to the Flor. Unsafe building abatement code...... . ida Building Code Compliance with provisions, . 6 4 . 4 4 * . Chapter 1......................... 6-31 Construction sign....................... Chapter 2......................... 6-32 Contractors Adoption of Florida Building Code ap- Unlicensed contractors. See herein: Ci- pendices ........................ 6-34 tations; Unlicensed Contractors; Establishing the location of local wind Failure to Obtain a Building Per. speedlines ...................... 6-33 mit Temporary storage structures ......... 6-87 Declaration of a state of emergency Automatic fire sprinkler systems Suspension of local regulations Florida Fire Prevention Code, local Electricity amendment to .................. 7-60 Electrical code adopted .............. . Building erected or altered in violation of Terms defined ........................ provisions, use of .................. 6-3 Energy efficiency code adopted.......... . Building inspector Fences, walls and hedges ............... . Authority to stop work if contrary to See: FENCES, WALLS, HEDGES AND public welfare ................... 6-5 ENCLOSURES Electrical inspector, building inspector Flood damage prevention ................ as .............................. 6402 See: FLOOD DAMAGE PREVENTION Plumbing inspector, building inspector Florida Building Code, administrative as .............................. 6-127 amendments to. See herein: Adminis- Swimming pool inspection ............ 6-213 tration Section 6-278 6-279 6-280 6-275 6-276 2-56 et seq. 6-101 6-6 6-240 6-146 et seq. 6-126 2-255 2-264 8-1 et seq. Supp. No. 10 3113 BUILDINGS (Confd.) Inspections. See herein: Permits and In- spections Land development ...................... See: LAND DEVELOPMENT Mechanical code Adopted............................. Definitions ........................... Fee.................................. Mechanical inspection ............... . Noise disturbances prohibited Specific provisions Construction ...................... Occupant Definitions and rules of construction.. . Outdoor display/billboard................ See: SIGNS AND ADVERTISING Owner Definitions and rules of construction.. . Keeping surrounding property clean, re- sponsibility re ................... Permits and inspections Failure to obtain building permit. See herein: Citations; Unlicensed Con- tractors; Failure to Obtain a Build- ing Permit Signs; building permit required....... . Plumbing Plumbing code adopted ............... Terms defined... ad 044 0 0496 u*u*d*G%G*o PUD zoning districts Setback requirements (minimum) .... . Purpose...............................a Restricted hours of building construction or installation or construction of sub- division improvements ............ . Screen enclosures.... . *me 0#00 a gas 9 0 a a & a 0 Storage Temporary storage structures ......... Swimming pools ....................... . See: SWIMMING POOLS Television dish antennas ................ Uniform building numbering system Administration and assignment of num- ber............................. Code enforcement board authority .... . Definitions ........................... Establishment of system ............. . Posting of numbers .................. . Purpose ............................. Unsafe buildings Court action to compel compliance or prosecution upon disregard of no- tice............................. Notice of unsafe building to be served on person having interest in building; method of service ................ Standards for repair or removal ...... . Unsafe building abatement code Adopted ........................... WINTER SPRINGS CODE Section Section BUILDINGS (Cont'd.) Vacating unsafe buildings and closing adjacent streets ................. 6-169 9-2 et seq. Violations, penalty ...................... 6-4 Zoning regulations ...................... 20-1 et seq. See: ZONING FA AAF 6-147 BURNING 6-149 Open-air burning regulated .............. 7-26 6-148 BUSES. See: MOTOR VEHICLES AND TRAF- FIC 13-31(d) C 1-2 CABARETS 16-77 et seq. Adult entertainment establishments ..... 10-55 et seq. See: ADULT ENTERTAINMENT ES- TABLISHMENTS, SEXUALLY 1-2 ORIENTED BUSINESSES 13-3 CAMPAIGNS. See: ELECTIONS CANALS Prohibitions ............................ 13-2 CANDIDATES. See: ELECTIONS 16-53 CAT77ASSElac. See: PEDI3LEIiS, CAPd`iTAS"- ERS AND SOLICITORS 6-126 CARPORT SALES 6-127 At-home sales .......................... 10-137 6-86 CATS 64 Animal regulations generally ............ 4-1 et seq. See: ANIMALS AND FOWL 11-6 CERTIFICATES, CERTIFICATION 6-85 Sewerage revenue generation system Accountant certification of adequate 6-87 maintenance .................... 19-129 6-210 et seq. CHURCHES Adult entertainment establishments 6-83 Prohibited locations .................. 10401 Alcoholic beverage sales prohibited near.. 3-2 Sexually oriented businesses 9-373 Prohibited locations .................. 10-101 9-376 9-370 CITY 9-372 Definitions and rules of construction ..... 1-2 9-374 Use of city athletic facilities; fees ........ 2-2 9-371 CITY CLERK Election Additional duties re .................. 2-95 6-168 Supervisor, city clerk as. a 6 6 0 a 0 0 9 0 a a 6 a 0 2-81 CITY COMMISSION Definitions and rules of construction ..... 1-2 6-167 Land development 6-166 Division of land; city commission aped provalrequired, ................. 9-2 6465 Recall of elected officials ................ 2-26 Supp. No. 10 3114 CODE INDEX Section Section CITY COMMISSION (Cont'd.) CODE OF ORDINANCES (Cont'd.) Zoning action; city commission authority . 20-27 References to chapters or sections........ 1-4 CITY MANAGER Repeal of ordinances, affect of ........... 1-8 Severability of parts of Code ............ 0 143 City -owned property, responsibilities re... 2-192 Supplementation of Code.... 142 CODE ENFORCEMENT COMMITTEES AND COMMISSIONS. See: Citation contents ....................... 2-69.6 DEPARTMENTS AND OTHER AGEN- Citation procedure ...................... 2-69.1 CIES OF CITY Code enforcement board ................. 2-56 et seq. Code enforcement officers COMPUTATION OF TIME Authority ............................ 2-69 Definitions and rules of construction ..... 1-2 Designation, qualifications, training ... 2-68 Definitions ............................. 2-67 CONTRACTS AND AGREEMENTS Delivery of warning notices, citations..... 2-69.2 Certain ordinances not affected by Code .. 14(1), (3) Disposition of citations, civil penalties.... 2-69.7 Code does not affect prior contracts, etc... 1-9 Intent .................................. 2-66 Old age and survivors' insurance, execu- Procedures to pay, contest citations ...... 2-69.5 tion of agreement., 14-27 Provisions supplemental, . # * 6 0 6 N 6 4 2-69.8 Supplementation of Code ................ 142 Violation classification; civil penalty...... 2-69.3 COUNTY Violations, schedule of ................... 2-69.4 Definitions and rules of construction ..... 1-2 CODE ENFORCEMENT BOARD COURTS Appeals ................................ 2-63 Court costs Building numbering system, authority re . 9-376 Assessment and collection of, use...... 11-2 Code inspector; duty .................... 2-59 Unsafe building, court action re.......... 6468 Creation ............................... 2-56 Duration of lien ......................... 2-62 CURFEW Election of officers; quorum; compensation; Declaration of a state of emergency ...... 20,255 expenses ................most...... 2-58 Hearing.. moos 6*004*94 assets$ 6 me 2-60 D Lien Application for satisfaction or release of 2-61.5 DANCE HALLS Duration of .......................... 2-62 Permit required; conduct ................ 10-111 Membership; appointment; qualification .. 2-57 DEPARTMENTS AND OTHER AGENCIES Notices. . 9 a 2-64 OF CITY Powers ................................. 2-61 Provisions supplemental. ................ 2-65 Beautification board .................... 2-76 et seq. See: BEAUTIFICATION BOARD Wastewater system, enforcement board... 19-30 Boards, committees, commissions gener- CODE OF ORDINANCES* ally Additions and amendments deemed incor- Appointments of boards and committees 242 porated in Code, N * 0 . * * 0 * 4 . & S S S 0 0 0 a 0 140 Fee to appointed board members; waiver 241 Altering Code, N 0 # * 0 * 4 . 0 S & 0 0 S 0 a S 0 9 0 1 * 0 0 V a 144 City commission ........................ 2-26 Amendments to Code; affect of new ordi- City forestry office ...................... 5-5 nances; amendatory language....... 1-11 Code enforcement board ................. 2-56 et seq. Catchlines of sections .................. a 1-3 See: CODE ENFORCEMENT BOARD Certain ordinances not affected by Code .. 14 Definitions and rules of construction ..... 1-2 Definitions ..................asset...... 1-2 Election board.......................... 2-85 General penalty; continuing violation; vio- Fire department provisions .............. 74 et seq. lation as public nuisance ........... 1-15 See: FIRE DEPARTMENT History notes ........................... 1-5 Land development site plan review board. 9-341 et seq. How Code designated and cited .......... 1-1 See: LAND DEVELOPMENT Prior offenses, rights, etc., Code does not Officers' and employees' pension plan, board affect ....................... messes 1-9 of trustees re ...................... 14-52 References and editor's notes ............ 1-6 Planning and zoning board ............. 0 20-51 et seq. See: ZONING *Note —The adoption, amendment, repeal, omissions, effec- Public nuisance abatement board ....... a 1340 et seq. tive date, explanation of numbering system and other matters See: PUBLIC NUISANCE ABATEMENT pertaining to the use, construction and interpretation of this BOARD Code are contained in the adopting ordinance and preface Public service tax; exempted entities ..... 18-30 which are to be found in the preliminary pages of this volume. Traffic violations bureau. . 12-28 Supp. No. 10 3115 WINTER SPRINGS CODE Section DEPARTMENTS AND OTHER AGENCIES OF CITY (Cont'd.) Zoning board of adjustment, . 0 4 0 4 6 6 20-76 et seq. See: ZONING DEVELOPMENT. See: PLANNINGAND DE- VELOPMENT; See also: LAND DEVEL- OPMENT DISH ANTENNAS Television dish antennas ................ 6-83 DISORDERLY CONDUCT Dance halls, disorderly conduct in........ 10411 DISTRICTS Zoning districts ......................... 20-101 et seq. See: ZONING DOGS Animal regulations generally ........... . See: ANIMALS AND FOWL T1R4TTT,6` DRAT Tgf!F Land development Drainage ditch fence required; when... Drainage facilities ................... . Open drainage ditches; storm sewers . . Storm water management........ DRUMS Noise provisions ........................ DUMPSTERS Definitions ............................. Minimum screening requirements....... . in ELECTIONS Absentee voting ......................... Applicability of Code to election where ques- tions are submitted ............... . Candidates, qualification of. 6 V 0 4 a 0 0 0 . Canvass of return ....................... Certain ordinances not affected by Code . . City clerk, additional duties of .......... . Code enforcement board election, ....... . Determination of person elected......... . Early voting exemption, . 0 . Election board .......................... Election supervisor ..................... Municipal elections to be general elections Nonpartisanship required .............. . Proclamation ........................... Qualifying fees ........................ . Recall of elected official ................ . Registration of voter .................... Vacancy in office ........................ Voting machines ........................ Voting places ........................... ELECTRICITY Electrical code adopted .................. ELECTRICITY (Cont'd.) Electrical inspection ................... . Fees................................... Flood damage control .................. . Municipal public service tax ............ . See: TAXATION Swimming pools, electrical requirements re, a 0 * 0 a a 9 a a 9 s 0 0 0 4 0 0 0 0 0 V a 9 0 a 9 0 a 0 0 4 Terms defined .......................... ELECTRONIC DEVICES Noise disturbances prohibited Specific provisions ................... . EMERGENCIES Noise Emergency exception. EMERGENCY MANAGEMENT 4-1 et seq. Applicability of provisions .............. . Certification of emergency conditions..... Declaration of a state of emergency ..... . Definitions ............................. 9-106 Fire emergencies., ...................... 9-242 Intent, . a 0 s a s 0 0 * * 6 * 6 0 9 0 V 0 a 9 0 0 a b s 0 * 0 6 6 0 9405 Police emergencies.. ... 0*00 0*60 0 9-241 ....... . Powers, duties, responsibilities.......... . Structure, emergency management...... . Suspension of local building regulations . . 13-30 Termination of state of emergency....... . Weather emergencies, . s 6 4 0 0 6 * V a 0 0 V 0 . 9-280 EMPLOYEES. See: OFFICERS AND EM- 9-281 PLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES Section 6-103 6-104 8-2 18-26 et seq. 13-31(a) ENERGY 2-92 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, . a 9 & 0 * b 6 d * 0 0 * 0 a V 10-81 2-58 Special provisions relating to ............ 10-90 2-84 EVACUATION 2-96 Declaration of a state of emergency ...... 2-255 2-85 2-8 EXCAVATIONS 2-83 Street excavations ...................... 17-76 et seq. 2-86 See: STREETS AND SIDEWALKS 2-82 2-88 EXPENDITURES 2-26 Sewerage revenue generation system, ex- 2-89 penditures re ...................... 190,128 2-87.1 2-91 EXPLOSIVES AND BLASTING AGENTS 2-90 Declaration of a state of emergency ...... 2-255 Noise disturbances prohibited Specific provisions .................... 13-31(g) 6401 Regulation of explosives ................. 7-27 Supp. No. 10 3116 FALSE ALARMS Service fee ............................. Waiver of fee ........................... Warning notice ........................0 FENCES, WALLS, HEDGES AND ENCLO- SURES Barbed wire permissible, when ......... . Building numbers to be affixed to walls, fences, etc, . * & a * a 9 0 2 a s 0 0 a s 0 0 t 6 4 6 4 0 0 Construction material ................... Drainage ditch fence required, when .... . Exceptions to provisions ................ . Height limitations generally ............ . Maintenance of fences or walls.......... . Permit required ........................ Property line, distance from ............ . Provisions not controlling; exception..... . Street, intersection, limitations when adja- cent to ............................ Swimming pool enclosures .............. . Utility easements. . FINANCES Bids, bidding When written bids required; waiver; small purchases.. ... fee$ 000 00*4 seem*** Budget Certain ordinances not affected by Code Emergency procurement re state of emer- gency............................. Fee Certain ordinances not affected by Code Old age and survivors' insurance contribu- tion.........................fees.. Payment of money Certain ordinances not affected by Code Purchasing Purchasing policy and procedure estab- lished .......................... When written bids required; waiver; small purchases. . a 9 a a 9 a 0 * 9 a a * # 4 e 4 * * 0 s & Stormwater management utility fund ... . FINES, FORFEITURES AND OTHER PEN- ALTIES Certain ordinances not affected by Code . . Code does not affect prior forfeitures, pen- alties, etc, . 0 0 s e a 0 0 a e 9 4 s 9 * * * * e 0 * 0 & 4 . Code enforcement citations ............. . Code violations General penalty; continuing violation; violations as public nuisances ... . Penalties for specific acts, omissions, etc. See specific subjects as indexed Repeal of ordinances, effect of........... . FIRE DEPARTMENT Created.. sold 404*44** 6e*e*e Department division ................... . Supp. No. 10 CODE INDEX Section 13-59 13-60 13-58 9-374 6-187 9-106 6-188 6-190 6-195 6-186 6-193 6-194 2-152 1-7(7) 2-255 1-7(17) 14-28 1-7(2), (17) 2-151 Section FIRE DEPARTMENT (Cont'd.) Deputy fire chief. . s 0 a 0 a 9 a s 0 0 V * 0 0 0 4 & 0 9 0 9 0 7-4 Fire chief. .............................. 7-3 Deputy fire chief ..................... 7-4 Fire emergencies. . 2-263 Land development Impact fees (police, fire, parks and rec- reation facilities) ................ 9-391 et seq. Organization ........................... 74 Responsibility, delegation of ............. 7-5 FIRE HYDRANTS. See: FIRE PREVEN- TION AND PROTECTION FIRE PREVENTION Fire alarm systems ..................... 13-51 et seq. See: ALARMS, ALARM SYSTEMS FIRE PREVENTION AND PROTECTION Explosives,regulation of ................ False alarms prohibited ................. Fire department provisions .............. See: FIRE DEPARTMENT Fire hydrants Approval and acceptance by city...... . Installation specifications ............ . Land development Required prior to building on lots .. . Obstruction of hydrants. . a a * a 0 a 0 s s * 0 . On site static water supplies ......... . Parking near prohibited .............. Required, . * 0 * * & 0 a & & * 0 a Responsibility for provision and mainte- nance. . 9 s s 9 s 6 0 * 0 4 0 0 * * 4 0 0 4 a e 9 1 9 1 6 Florida Fire Prevention Code, local amend- ment to Appeal.............................. Automatic fire sprinkler systems ..... . Impact fee credits ................... . Procedure for .......................0 Hydrants. See herein: Fire Hydrants Open-air burning regulated. . 2452 FIREARMS AND WEAPONS 19-167 Declaration of a state of emergency ..... . Discharging or brandishing firearms .... . Noise disturbances prohibited Specific provisions, FIREWORKS 1-9 Regulation of explosives ................. 2-69.1 et seq. FLOOD DAMAGE PREVENTION Abrogation and greater restrictions ..... . 145 Definitions ............................. Development permit ................... . Floodplain administrator 1-8 Designation of ....................... Duties and responsibility of .......... . General standards. 7-2 Interpretation .......................... 7-5 Lands to which provisions apply ........ . 3117 7-27 7-28 7-1 et seq. 7-26 2-255 11-5 13-31(g) 7-27 8-6 8-1 8-33 WINTER SPRINGS CODE Section Section FLOOD DAMAGE PREVENTION (Cont'd.) GOLD Noncompliance, penalties for ............ 8-9 Secondhand precious metals ............ a 10-151 et seq. Reducing flood losses, method of ......... 8-3 See: SECONDHAND PRECIOUS MET - Regulatory floodways, standards for...... 8-55 ALS Shallow flooding (AO zones), standards for areas of .......... 0 4 0 .............. 8_58 GONGS Small streams, standards for ............ 8-54 Noise provisions ........................ 13-32 Special flood hazard GOODS, WARES OR MERCHANDISE Basis for establishing areas of......... 8-5 Declaration of a state of emergency Designations, warning regarding area of 8-8 g Y • • • • • • Peddlers and solicitors requirements ..... 10-136 ett seq. seq. Specific standards ...................... 8-52 See: PEDDLERS, CANVASSERS AND Statement of purpose and objectives...... 8-2 SOLICITORS Variance procedure ..................... 8-34 Violations, penalties, a a BE so he $too 0 bed a gas 8-9 GRADES, GRADING Warning regarding area of special flood Certain ordinances not affected by Code .. 14(6) hazard designation, a BOSSES 8-8 Land development, street grades generally 9448 FLORIDA. See: STATE GRASS, LEAVES, UNDERBRUSH, ETC, FLORIDA STATUTES. See: F.S. Land development requirements re grass . 9-160 FOLLOWING, PRECEDING T-T Definitions and rules of construction ..... 1-2 HANDBILLS FORFEITURE. See: FINES, FORFEITURES Signs and advertising regulations gener- AND OTHER PENALTIES ally .............................. 4 16-26 et seq. See: SIGNS AND ADVERTISING FOWL. Sae: ArTTAr1AT,S Al<?D FOWL HEALTH AND SANITATION FRANCHISES Noise Certain ordinances not affected by Code .. 14(4) Immediate threat to health and welfare 13-41 Tax in addition to franchise taxes ........ 18-29 HEDGES. See: FENCES, WALLS, HEDGES F.S. AND ENCLOSURES Definitions and rules of construction ..... 1-2 HISTORICAL PRESERVATION G Tree protection and preservation Definitions (historic, specimen trees)... 5-3 GARAGE SALES Specimen, historic trees, a 0 0 0 0 a 0 a 0 a 6 a 0 6 5-8 At-home sales .......................... 10-137 HYDRANTS. See: FIRE PREVENTION AND GARBAGE AND TRASH PROTECTION Dumpsters ............................. 9-2801 9-281 Garbage service to be provided for certain I tenants ........................... 19-1 Prohibitions ............................ 13-2 IMPACT FEES Florida Fire Prevention Code, local amend. GAS CODE ment to Adopted ................................ 6-240 Impact fee credits .................... 7-54 Definitions ............................. 6-241 Land development Fees ................................... 6-243 Police, fire, parks and recreation facili- Inspection .............................. 6-242 ties............................. 9-391 et seq. GAS, GASOLINE Transportation impact fees............ 9-386.1 et seq. See: LAND DEVELOPMENT Flood damage control ................... 8-2 Municipal public service tax ............ 0 18-26 et seq. IMPOUNDMENT See: TAXATION Motor vehicle impoundment ............. 12-54 GENDER IMPROVEMENTS. See: PUBLIC WORKS Definitions and rules of construction ..... 1-2 AND IMPROVEMENTS GLASSWARE IN THE CITY Prohibitions ............................ 13-2 Definitions and rules of construction ..... 1-2 Supp. No. 10 3118 CODE INDEX Section Section IN WRITING, WRITTEN Definitions and rules of construction ..... 1-2 INDEBTEDNESS OF CITY Certain ordinances not affected by Code .. 14(2) INDECENCY AND OBSCENITY Adult entertainment establishments, sex- ually oriented businesses Obscenity, indecent exposure unlawful . 10-54 INVENTORIES City -owned property inventory........... 2-192 IRRIGATION SYSTEM Reclaimed water system ................. 19-136 et seq. See: UTILITIES K KENNELS Zoning regulations ...................... 20-416 LAKES Prohibitions ............................ 13-2 [The next page is 3121] Supp. No. 10 3119 CODE INDEX Section Section LAND DEVELOPMENT LAND DEVELOPMENT (Cont'd.) Alleys. See herein: Streets and Alleys; See Curb inlets .......................... 9-300 also herein: Design Standards Drainage ditch fence is required, when. 9406 Blocks. See herein: Lots and Blocks; See Driveway entrances .................. 9-229 also herein: Design Standards Entire tract to be used; landlocked areas Bridges, required improvements ......... 9-205 prohibited ...................... 9402 Building on lots, required improvements to Generally..... 9-101 be completed prior to; exception..... 9478 Lots and blocks Certain data to be submitted prior to in- Clearing of rights -of --way ........... 9-129 stallation of improvements ......... 9477 General requirements .............. 9-126 Comprehensive plan .................... 15-26 et seq. Lot dimensions; minimum street front - See: PLANNING AND DEVELOPMENT age .......................... 9427 Concurrency administration and evaluate Lots not to be divided by municipal tion procedure boundaries ................... 9428 Appeal procedures Open drainage ditches; storm sewers .. 9405 Appeal notice and hearing.......... 9-541 Public sites and open spaces, exception 9403 Appeal of city commission .......... 9-542 Septic tanks ......................... 9407 Notice of appeal ................... 9-540 Streets and alleys Concurrency administration Access streets, paving of............ 9-150 Concurrency certificate ............. 9-533 Alleys............................. 9-158 Concurrency review ................ 9-531 Cul-de-sac; dead ends .............. 9-152 Conditional approvals .............. 9-532 Easements ........................ 9459 Development review committee ..... 9-530 General layout; connections with ex,, Level of service standards (LOS) fisting streets ................. 9453 Introduction ....................... 9-510 Grades generally................... 9448 LOS .............................. 9-513 Grassing, mulching, sodding........ 9460 Parks and recreation LOS 9-514 Half streets ....................... 9-154 .......... Potable water LOS. a 9-511 Intersections ...................... 9455 * a 6 a 6 * 4 a * 0 a 4 s * s Solid waste LOS ................... 9-512 Minimum rights -of -way and paving Storm water LOS 9-515 width ........................ 9447 .................. Transportation LOS, a 6 0 0 a 0 s * 0 a * 6 6 0 0 9-516 Naming streets.................... 9-298 Overview and exemptions Paved, streets and alleys to be...... 9-149 Application submittal ............. 4 9-502 Paving costs ....................... 9451 Change of use ..................... 9-504 Paving of access streets ............ 9-150 Definitions 9-501 Private streets..................... 9-157 ........................ Demolitions ....................... 9-505 Street names ...................... 9456 Purpose of concurrency evaluation .. 9-500 Typical street sections .............. 9-296 Transportation facility proportionate fair- Utilities services to be underground, ex,, share mitigation program ception ......................... 9404 Applicability. . a 9 0 * 0 a 0 0 a 0 0 0 6 0 6 s 6 4 0 * 4 9-547 Valley gutters........................ 9-297 Application process ................ 9-550 Developer responsibility and control...... 9-181 Appropriation of fair -share revenues 9-554 Division of land; city commission approval Cross jurisdictional impacts ........ 9-555 required. a * 4 0 * a t 9 6 * 6 6 a * * 6 0 4 0 0 0 0 4 * * 4 9-2 Determining proportionate fair -share Drainage obligation .................... 9-551 Facilities ............................ 9-242 General requirements ............. 0 9-548 Fence required for ditches, when ...... 9406 Impact fee credit for proportionate Open drainage ditches; storm sewers .. 9405 fair -share mitigation .......... 9-552 Storm water management. a * 4 4 6 6 a 9 a * 1 9-241 Intergovernmental coordination, 9-549 Driveways Proportionate fair -share agreements 9-553 Entrances ........................... 9-299 Purpose and intent ................ 9-546 Generally,.......................... a 9-222 Curbs Dumpsters Inlets, a a * a * 0 & 0 a * 4 a a 0 0 9 a * 4 4 0 * a 6 6 9-300 Definitions........................... 9-280 a * # 0 Required improvements, a 6 4 * 4 4 * 0 * 0 & 0 a 6 9-223 Minimum screening requirements ..... 9-281 Sections, alternate, . s 0 s 4 0 a a * 0 4 0 & 9 a 0 * a % 9-301 Easements Design and certification of improvements, Design standards, a s 0 4 0 s 0 0 0 s 0 0 0 0 * 0 & 4 9-159 responsibility for. . a 0 9 0 a 0 a 4 a t a a * 9476 Required improvements............... 9-223 Design standards Enforcement and penalties .............. 9-7 Alternate curb sections .............. 0 9-301 Entire tract to be used; landlocked areas Classification ........................ 9-146 prohibited......................... 9-102 Supp. No. 10 3121 WINTER SPRINGS CODE Section Section LAND DEVELOPMENT (Cont'd.) LAND DEVELOPMENT (Cont'd.) Exemptions ............................ 943 Temporary uses...................... 9-567 Final development plan, final plat Uses of structures or of structures and Action on final development plan; expi- premises in combination ......... 9-564 ration of approval ............... 9-74 Off=street parking and loading Approval of final plat ................. 9-77 Commercial vehicles.................. 9-279 Bonding procedures .................. 9-76 Definitions,.......................... 9-276 Final plat, contents and recording pro- General provisions for off-street parking 90,278 cedures ........................4 9-75 Off-street parking requirements....... 9-277 Form and contents of final development Platted property, dividing, a 9 9 a 0 a 0 4 4 # # 0 6 6 4 9-3 plan ............................ 9-73 Police, fire, parks and recreation facilities Processing of final plans .............. 90,72 impact fees Recording/distribution of the final plat. 9-78 Appeal .............................. 9-391.12 When final development plan is to be Applicability and exemptions.......... 9-391.3 filed; extension .................. 9-71 Capital expansion plans .............. 9-391.8 Flaglots ............................... 942 Credits.............................. 9-391.6 General criteria for approval, a a 0 a 6 6 a 9 9 0 a 0 940 Definitions........................... 9-391.2 Gutters ................................ 9-223 Generally............................ 9-391 Impact fees Levy; purpose ........................ 9-391.1 Police, fire, parks and recreation facili- ties, a a 0 a 0 0 6 0 a 6 a & 4 a 0 4 4 1 0 1 0 0 6 0 a 0 a 6 9-391 et seq. Payment of fees ...................... 9-391.5 Pc^nit f r viclation () 3�1 ll Transportation impact fees..... 0 4 0 4000 9-' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 386.1 et seq. Inspections and tests .................... 9-179 Refunds ............................. 9-391.9 Irrigation utilizing reclaimed water system 19-136 et seq. Trust fund ........................... 9-391.7 See: UTILITIES Vested rights ......................... 9-391.10 Lot splits ............................... 941 Preliminary plan LuLo and blocks Action on preliminary and plan by city Clearing of rights -of -way, .............. 9-129 council ........................ a 9-47 General requirements ................ 9-126 Approval of preliminary plan to be cone, Lot dimensions; minimum street front- strued only as authority to submit age ............................. 9427 final plan....................... 9-49 Lots not to be divided by municipal Filling and contents of preliminary map boundaries ...................... 9428 and plan........................ 9-46 Maps, engineering plans and plats to be Reasons when preliminary plan is dis- submitted in preliminary and final approved; conditional approval ... 948 form .............................. 9-26 Public sites and open spaces, exception... 9-103 Minimum community appearance and aes- Replatting .............................. 9-9 thetic review standards Required improvements Application criteria, .................. 9-605 Adequate access to building sites ...... 9-178 Approval prerequisite for permits...... 9-601 Bridges .............................. 9-205 Building permits; enforcement ........ 9-606 Building on lots, required improvements Duration of approval ................. 90604 to be completed prior to; excep- Minimum standards; compliance with tions ........................... 9478 other Code provisions............ 9-602 Certain data to be submitted prior to Procedure. . a 0 a a a 4 0 0 a S 6 a a 0 a 0 a 0 0 F 0 a 9 F 9 0 9-603 installation of improvements..... 9-177 Residential compatibility and harmony Curbs, gutters, easements, a S 0 0 4 0 4 0 0 6 0 0 9-223 regulations ..................... 9-607 Developer responsibility and control ... 9481 Statement of findings and purpose..... 9-600 Drainage Monuments ............................ 9-180 Drainage facilities ................. 9-242 Nonconformities Storm water management .......... 9-241 Abandonment ........................ 9-565 Driveways........................... 9-222 Building and fire codes ............... 9-561 Fire hydrants in operation ............ 9-178 Continuance of lawful uses and strut- Inspections and tests ................. 9479 tures ........................... 9-562 Monuments.......................... 9-180 Definitions ........................... 9-561 Off-street parking and loading Intent ............................... 9-561 Commercial vehicles ............... 9-279 Lots of record ........................ 9-563 Definitions ........................ 9-276 Repairs and maintenance ............. 9-566 General provisions for off-street park,, Rules of interpretation ................ 9-561 ing........................... 9-278 Special permit ....................... 9-568 Off-street parking requirements .... 9-277 Supp. No, 10 3122 CODE INDEX Section LAND DEVELOPMENT (Cont'd.) Responsibility for design and certifica- tion of improvements ............ 9476 Sidewalks.. *Be 9-221 . stood Streets Markers, . 9-203 Right -turn deceleration lanes....... 9-206 Roadway base materials, standards for........................... 9-201 Streetlights and traffic signs........ 9-204 Surfacing of streets, standards for .. 9-202 Utilities; requirements for water and sewer systems ................... 9-261 Water and sewer systems, requirements for ............................. 9-261 Septic tanks ............................ 9-107 Sewer systems, requirement for.......... 9-261 Sidewalks.... .... 9-221 Site plan review Site plan review board Appeals ........................... 9-348 Clerical support and records ........ 9-343 Creation 9-341 .......................... Duties 9-347 ............................ Meetings .......................... 9-344 Procedures, regulations and fees .... 9-345 Prohibitions 9-346 ....................... Purpose; composition ............... 9-342 Violations, penalty ................. 9-349 Soil, rock, etc., removal............... 040 9-8 Streets and alleys Access streets, paving of .............. 9450 Alleys ............................... 9-158 Classification ........................ 9446 Cul-de-sacs; dead ends ................ 9-152 Easements..... . 0*04SO00*4 mote 64t*44* 9459 General layout; connections with exist- ing streets ...................... 9453 Grassing, mulching, sodding .......... 9460 Half streets........ 9-154 Intersections ......................... 9-155 Minimum rights -of -way and paving width 9447 Naming streets. . 9-298 Paved, streets to be ................... 9-149 Paving costs ......................... 9451 Paving of access streets ............... 9-150 Private streets ....................... 9457 Required improvements Right -turn deceleration lanes ....... 9-206 Roadway base material, standards for 9-201 Street markers .................... 9-203 Streetlights and traffic signs........ 9-204 Surfacing of streets, standards for .. 9-202 Roadway base materials, standards for 9-201 Street grades, generally. . a a 0 0 0 0 0 4 6 V *** 9-147 Street markers 9-203 ....................... Street names, . a & a * 9 0 a * 0 0 0 * t * V # 6 0 4 0 & 9456 Streetlights and traffic signs .......... 9-204 Surfacing of streets ................... 9-202 Typical street sections ................ 9-296 Section LAND DEVELOPMENT (Cont'd.) Town center zoned property ............. 9-14 Transportation impact fees Appeals of impact fee determinations .. 9-386.21 Authority and applicability............ 9-386.1 Building permits Limitations on issuance of.......... 9-386.5 Credits 9-386.11 .............................. Definitions ..........................0 9-386A Exemptions .......................... 9-386.14 Impact agreement .................... 9-386.10 Independent impact fee calculation .... 9-386.8 Intent and purpose ................... 9.386.2 Penalty., oft$ 6t****OOO** 9-386.20 Presumption of maximum impact...... 9-386.9 Return of funds ...................... 9-386.18 Review 9-386.19 .............................. Road impact fees Collection of fee assessments ....... 9-386.16 Determination of. . 9-386.6 Rate schedule ..................... 9-386.7 Total road impact fee calculations ... 9-386.8 Rules of construction ................. 9-386.3 Short title ........................... 9-386.1 Site -related road improvements ....... 9-386.13 Trust fund, establishment of .......... 9-386.15 Use of funds collected. . a . 9 9 a 4 V 4 6 * 0 9-386.17 Vested rights.. DO0610*6 0 * * 0 * s a a 9-386.12 Uniform building numbering system ..... 9-370 et seq. See: BUILDINGS Utilities Services to be underground, exception . 9-104 Water and sewer systems, requirements for ............................. 9-261 Valley gutters .......................... 9-297 Variances .............................. 9-5 Appeals from granting of. . 9-6 Vested rights Appeals. . 0 0 4 0 4 0 9-402(b) Application for special use permit ..... 9-402(a) Determining, standards for ........... 9-403 Intent ............................... 9401 Limitations on determination ......... 9404 Waiver to engineering development plan requirements ...................... 9-4 Water and sewer systems, requirements for...............................0 9-261 Zoning regulations ...................... 20-1 et seq. See: ZONING [The next page is 3129J Supp. No. 10 3123 CODE INDEX Section Section LICENSES AND PERMITS MECHANICAL CODE (Cont'd.) Adult entertainment establishments, sex- Fees ................................... 6449 ually oriented businesses........... 10-58 et seq. Inspection .............................. 6448 See: ADULT ENTERTAINMENT ES- TABLISHMENTS, SEXUALLY MERCHANDISE. See: GOODS, WARES OR ORIENTED BUSINESSES MERCHANDISE Awnings, permit for erection over side- MINORS walks ............................. 17-51 et seq. Adult entertainment establishments, sex - See: STREETS AND SIDEWALKS ually oriented businesses Dance hall permit. . 0 a 0 * 9 6 * 0 a 4 4 0 0 4 0 6 o a o 6 o 10411 Unlawful provisions .................. 10-87 Excavation permit ...................... 17-76 Alcoholic beverage sales near schools pro - Fences, walls, hedges, permits........... 6486 hibited ............................ 3-2 Flood damage control development permit 8-33 Secondhand precious metals, dealing with Industrial wastewater contribution permit 19-52 persons under age eighteen years pro - Minimum community appearance and aes- hibited ............................ 10-155 thetic review standards Approval prerequisite for permits...... 9-601 MOBILE HOMES AND MOBILE HOME Building permits. 9-606 PARKS Nonconformities Zoning regulations for trailers and mobile Special permit ....................... 9-568 homes, ............................ 20-91 et seq. Peddlers and solicitors permit ........... 10-136 et seq. See: ZONING See: PEDDLERS, CANVASSERS AND SOLICITORS MONTH Sign permit ............................ 16-53 et seq. Definitions and rules of construction ..... 1-2 See: SIGNS AND ADVERTISING MONUMENTS Street and sidewalk permit .............. 17-1 et seq. Land development monuments........... 9-180 See: STREETS AND SIDEWALKS Tree removal, land clearing permit....... 54 et seq. MOTELS. See: HOTELS AND MOTELS Vested rights special use permit ......... 9-402 MOTOR VEHICLES AND TRAFFIC LIENS Abandonment Code enforcement board lien. . 2-62 Impoundment and redemption ....... 0 12-54 Application for satisfaction or release of 2-61.5 Prohibited ........................... 12-53 Public nuisance abatement board ........ 13-76 Adoption of state law. . 0 12-2 LIQUOR. See: ALCOHOLIC BEVERAGES Buses Stands, use of.... 12-68 LITTERING Citations Nuisance provision, . 13-2 Alteration or destruction.............. 12-32 Streets, sidewalks, etc., littering ......... 17-28 Failure to obey... move 0*0 o 04 boo 46 o * o V 6 12-31 LOCAL IMPROVEMENTS. See: PUBLIC Issuance ............................. 12-29 WORKS AND IMPROVEMENTS Cleaning, repairing vehicles on roadway.. 12-66 Definitions ............................. 12-1 LOUDSPEAKERS Fines for violations ..................... 12-30 Noise disturbances prohibited Gongs, sirens on vehicles, noise provisions 13-32 Specific provisions .................... 13-31(b) Handbill distribution on or in vehicles.... 16-28 Impoundment M Illegally parked or abandoned vehicles, impoundment and redemption of . 12-54 MANUFACTURED HOUSING Intersections Flood damage control standards ......... 8-51 Fences, etc., limitations re ............ 6491 MAPS. See: SURVEYS, MAPS AND PLATS Land development requirements....... 9-155 Obstructions ......................... 17-30 MAY, SHALL Stop intersections Definitions and rules of construction .sees 1-2 Certain ordinances not affected by MAYOR Code ......................... 1-7(14) Election proclamation ................... 2-82 Land development Off-street parking and loading . s e e s ... 9-276 et seq. MECHANICAL CODE See: LAND DEVELOPMENT Code adopted..... seedbeds 6446 Mobile homes to be parked in mobile home Definition .............................. 6-147 parks; exception ................... 12-70 Supp. No. 10 3129 WINTER SPRINGS CODE Section Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) MOTOR VEHICLES AND TRAFFIC (Cont'd.) Noise disturbances prohibited Vehicular speed limits ................ 12-52 Motor vehicle noise generally.......... 1344 Taxicabs Specific provisions Passenger rates Model vehicles ..................... 13-31(h) Certain ordinances not affected by Vehicle and boat repairs............ 13-31(e) Code. No be 99%oao&@*9 of 4464 squo 1-7(13) Off-street parking and loading Stands, use of. N 4 0 4 6 6 4 0 0 6 a a 9 0 * 9 a 0 0 s s * 6 12-68 Generally ............................ 12-69 Traffic violation bureau, powers and duties Land development requirements....... 9-276 et seq, of ................................. 12-28 See: LAND DEVELOPMENT Traffic -control signs, signals and devices Zoning regulations ................... 20-128 et seq. Certain ordinances not affected by Code 1-7(14) See: ZONING Land development; streetlights and traf- One-way streets fie signs ........................ 9-204 Certain ordinances not affected by Code 14(14) Obedience to ......................... 12-67 Parking, stopping and standing Truck routes Bus, taxi stands, use of.. ... so of of so be 12-68 Certain ordinances not affected by Code 14(14) Chief of police, powers and duties re Violations, fines for ..................... 12-30 parking of vehicles ............. 4 12-27 Referral of parking violations to hearing Cleaning, repairing vehicles on roadway 12-66 officer .......................... 12-33 Impoundment and redemption of ille- Zones gally parked vehicles ............ 12-54 Loading and unloading zones.......... 12-69 Land development requirements for off, Zoning regulations for motor vehicles..... 20-431 et seq. street parking and loading ...... 6 9-276 et seq. See: ZONING See: LAND DEVELOPMENT Loading or unloading zones ........... 12-69 MULCHING Mobile homes to be parked in mobile Land development requirements ......... 9-160 home parks; exception ........... 122?0 MUSICAL INSTRUMENTS No -parking areas Noise disturbances prohibited Certain ordinances not affected by Specific provisions .................... 13-31(a) Code ......................... 1-7(14) Obedience to signs, markings ......... 12-67 Off-street parking and loading N Land development requirements .... 9-276 et seq. NOISE See: LAND DEVELOPMENT Correction for character of sound......... 13-36 Zoning regulations. . 0 a 0 9 0 9 0 0 a 9 a s a * a 20-128 et seq. Definitions............................. 13-27 See: ZONING Designation of noise sensitive zones ...... 13-43 Prohibitions, generally ................ 12-65 Emergency exception.................... 13-32 Stop intersections Immediate threat to health and welfare .. 13-41 Certain ordinances not affected by Lead agency or official .................. 13-28 Code ......................... 1-7(14) Maximum permissible sound levels by re,, Police department ceiving land use ................... 13-35 Chief of police, duties and powers of re Motor vehicle noise ..................... 13-44 operation and parking of vehicles. 12-27 Noise control officer Citation Powers .............................. 13-29 Alteration or destruction of......... 12-32 Noise disturbances prohibited Failure to obey .................... 12-31 Generally, 13-30 Issuance of ........................ 12-29 Specific provisions.................... 13-31 Referral of parking violations to hear- Notice of violation ...................... 13-40 ing officer .................... 12-33 Other remedies......................... 13-42 Duties to regulate motor vehicles and Penalties. 0 0 0 4 4 a * o 9 9 0 a 0 0 a s 6 s 0 0 0 0 * 6 W 0 13-39 traffic .........................a 12-26 Purpose and scope...................... 13-26 Fines for violations ................... 12-30 Required measurement procedures....... 13-38 Traffic violation bureau, powers and du- Standardized measurements required .... 13-37 ties of .......................... 12-28 Variances Regulations generally ................... 12-51 Special event variances............... 13-33 Skateboarding, roller skating, in -line skat- Variances for time to comply. 13-34 ing, other similar activities on human- p y propelled devices, 13-62 NUDITY Speed limits Nudity prohibited upon alcohol licensed Certain ordinances not affected by Code 1-7(14) premises and bottle clubs........... 3-10 Supp. No. 10 3130 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, in -line skat- ing, other similar activities on human - propelled devices .................. . Swimming pool nuisances .............. . NUMBER Definitions and rules of construction .... . 0 OATH, AFFIRMATION, SWEAR OR SWORN Definitions and rules of construction . . . . . OBSCENITY. See: INDECENCY AND OB- SCENITY OFFENSES Assessment and collection of court costs; use............................... Certain ordinances not affected by Code . . City -owned shade trees, injuring......... Civil infractions, schedule of. 6 o 0 . Code does not affect prior offenses, etc... . Firearms, discharging or brandishing ... . Repeal of ordinances, effect of........... . State misdemeanors adopted; penalty ... . Tree prohibitions ....................... Trespass ............................... OFFICERS AND EMPLOYEES Building inspector ...................... See: BUILDINGS Certain ordinances not affected by Code. . City forester, . # 6 a 4 # 4 6 # 1 0 0 s * 0 6 4 t 6 o 6 0 a a 0 s a 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. 4 4 4 s s a * a a * a 0 a 0 * a * % W a * 6 a Election supervisor ..................... Emergency management director ....... . Fire chief. . 1 0 & & 0 * * 4 * & o * * a 0 9 1 0 9 4 Deputy free chief .................... . CODE INDEX Section Section OFFICERS AND EMPLOYEES (Cont'd.) 13-1 Floodplain administrator ................ 8-31 et seq. See: FLOOD DAMAGE PREVENTION Noise control officer ..................... 13-29 13-3 Old age and survivors' insurance 13-51 et seq. Adoption of title II social security act .. 14-30 Contribution ......................... 14-28 13-1 Custody of fund ...................... 14-31 13-26 et seq. Execution of agreement ............... 14-27 Extension of benefits ................. 14-26 Record................. & 0 * * 14-29 134 Pension plan 13-2 Adopted ............................. 14-51 13-70 et seq. Board of trustee,. 0*00 *toe s d*0*6009044 14-52 Personnel rules or regulations Certain ordinances not affected by Code 14(11) Policy, rules and regulations ............. 144 13-62 Recall of elected officials ................ 2-26 6-222 OFFICIAL TIME Definitions and rules of construction ..... 1-2 1-2 OLD AGE AND SURVIVORS INSURANCE. See: OFFICERS AND EMPLOYEES 1-2 OPEN-AIR BURNING Regulated .............................. 70, 0 PARKS AND RECREATION Adult entertainment establishments, sex- ually oriented businesses 11-2 Prohibited locations .................. 10-101 1-7(1) Concurrency administration and evalua- 11-4 tion procedure 2-69.4 Level of service standards (LOS) for 1-9 parks and recreation ............ 9-514 11-5 Land development 1-8 Impact fees (police, fire, parks and rec- 11-1 reation facilities) ................ 9-391 et seq. 540 Public grounds 11-3 Definitions and rules of construction... 1-2 Use of city athletic facilities; fees ........ 2-2 6-5 et seq. PEDDLERS, CANVASSERS AND SOLICI- TORS 1-7(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 145 Officers' and employees' pension plan .... 14-51 et seq. 1-2 See: OFFICERS AND EMPLOYEES 7-4 PERFORMANCE BONDS. See: BONDS, 2-81 SURETY OR PERFORMANCE 2-253 et seq. 7-3 PERSON 7-4 Definitions and rules of construction ..... 1-2 Supp. No. 10 3131 WINTER SPRINGS CODE Section PHONOGRAPHS Noise provisions . 9 a 9 9 a 0 0 a 0 4 0 0 0 am * 6 a 6 a 6 0 9 13-33 PLANNING AND DEVELOPMENT Comprehensive plan Adherence to law., 15-28 a 006*600*4 9 a 0 a a a 0 0 4 Adopted a 0 6 0 0 6 a 9 0 0 9 9 0 a a 0 6 0 4 0 0 4 4 6 6 * 0 0 0 15-26 et seq. Compliance a a 0 0 a 0 4 4 4 6 0 a 0 a a 0 9 a 0 a a 9 9 a 0 4 15-27 Distribution of copies ................. 15-29 Comprehensive plan amendments Advertisement of public hearing....... 15-39 Application deadline .................. 15-32 Authority, purpose and intent a 0 a 0 a a ... 15-30 City commission transmittal public hear- ing a04a100400aa......09a9aa0a0o0 15-38 Department of Community Affairs com- ments .......................... 15-40 Effectiveness of the adopted amend- ment........................... 15-43 Exemptions, a 6 a 6 0 6 a a a 9 9 a 9 a a 4 4 a 0 0 0 0 0 0 4 15-33 Initiation of amendments 15-31 a a 0 a a 0 0 0 a a 0 a a rDeal lunni^^ � cnc., fca..,, ur:d is n as .%a. ommendation . 0 a 0 a 15-37 0 4 a a 0 0 4 0 a 6 a a 0 a Review Criteria a 0 0 0 a 0 a 6 a 0 0 0 0 0 9 a 9 a 0 9 a 15-36 P 0 0 0 0 4 Procedure. a a 9 a a a a 15-35 0 6 a 6 a 6 6 6 6 0 a 0 a 9 9 9 a 'hiansmittal of adopted amendment to the Department of Community Af- fairs. a04040060a400a0a0aa00Games* 15-42 Impact fees Police, fire, parks and recreation facili- ties a a0aaaaaaa00a090a09aa&4met*** 9-391 et seq. Transportation facilities. a a a 0 a 0 4 6 4 a a 0 0 9-386 et seq. Land development a 6 0 6 0 0 a a a 0 a a 0 & a a @spot 0 9-1etseq. See: LAND DEVELOPMENT Master beautification plan, a 0 9 0 9 a a 9 a 9 4 a 4 4 2-80 See also: BEAUTIFICATION BOARD Tree protection and preservation Protection during development, construc- tion; periodic inspection.......... 5-14 Zoning regulations generally, . 9 a P a a a d a 0 0 4 20-1 et seq. See: ZONING PLATINUM Secondhand precious metals ............. 10-151 et seq. See: SECONDHAND PRECIOUS MET- ALS PLATS. See: SURVEYS, MAPS AND PLATS PLUMBING (Cont'd.) Terms defined .......................... POLICE DEPARTMENT Emergencies, police. . Land development Impact fees (police, fire, parks and rec- reation facilities) a 9 9 0 a 9 a a 4 a 4 a 4 0 0. Traffic responsibility a a000a99aa0040a00a0. See: MOTOR VEHICLES AND TRAF- FIC POLITICS. See: ELECTIONS PRECEDING, FOLLOWING Definitions and rules of construction a 9 a a . PRECIOUS METALS. See: SECONDHAND PRECIOUS METALS PRISONS AND PRISONERS Code violations General penalty; continuing violation; violation as public nuisance a a a 0 0. PROCEEDINGS. See: SUITS ,ACTIONS AND OTHER PROCEEDINGS PROPERTY Abandoned property, disposition by city.. . City -owned personal property Definition, a a 0 9 a a a a 9 a 0 4 0 4 0 a 0 4 6 6 a a 0 0 0 a a Disposal of surplus property a a a a a me a s. Identification; records; inventory. 0 a 6 4 . Property supervision and control a 6 0 a a. Surplus property, disposal of . a 0 a 0 a 0 a a. Definitions and rules of construction a 0 0 0 . Handbill distribution upon residential prop- erty prohibited without consent of owner, ........060#0oftosets gel 0404 PUBLIC NUISANCE ABATEMENT BOARD Appeal................................. Composition; term, a040aaa6a0a090a0a9aa. Creation of the public nuisance abatement board. a 9 a 0 0 a 0 a a 0 0 6 a 0 4 V 4 6 1 B 0 0 0 F a 0 0 a Definitions a a44Ba0400F01a001a........... Enforcement procedures ................. Intent and purpose . 0 0 6 0 4 4 0 a 6 0 0 t 0 a P a 9 0 a a Penalties; fines; liens; recording......... . Powers; duties; jurisdiction a 6 a 6 0 a 0 6 a 0 a 9 0. PLAYGROUNDS PUBLIC PLACES. See: STREETS AND SIDE - Prohibitions ............................ 13-2 WALKS Cross -connection control, bacicflow preven- tion00a000a90090a00aaa00aa0000aaaa4 19-151 et seq. See: UTILITIES Fees.............04aaaa00a000a9B9aa990a 6-129 Inspection, a01001a0aP9aa0064............ 6-128 Plumbing code adopted, a a 6 a 0 a 0 a 0 a 9 0 a a 9 0 a 6-126 Swimming pools, plumbing requirements Supp. No. 10 3132 PUBLIC SERVICE TAX. See: TAXATION PUBLIC WORKS AND IMPROVEMENTS Code violation Penalty by labor on city works .... 0 0 0 . Land development required improvements See: LAND DEVELOPMENT Local improvements Certain ordinances not affected by Code Section 2-262 9- 391 et seq. 12-26 et seq. 1-2 2-1 1-15 9-176 et seq. 1-7(8) PURCHASING. See: FINANCES lid 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 .......................... S SCHOOLS Adult entertainment establishments, sex- ually oriented businesses Prohibited locations .................. Alcoholic beverage sales prohibited near. . SECONDHAND PRECIOUS METALS Dealing with persons under age eighteen years prohibited ................... Definitions ............................. Minors Dealing with persons under age eigh- teen years prohibited............ Storage of articles during waiting period . Transactions, register of. . a a * a v a 9 0 v f 4 v b * * Waiting period prior to disposal of certain property, 6 a * 0 1 # * * * 0 * 0 v 0 s * 4 * t 0 6 0 0 0 9 a CODE INDEX Section 2-255 10-101 3-2 10-155 10-151 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 require- ments ............................. 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 offact ...................... Granting of variances, . * s t * 0 9 . 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.............. save Dave god 9444 Supplemental temporary sign requirements Traffic signs ............................ Waiver ................................. Section 1-2 13-62(d) SILVER Secondhand precious metals ............. 10-151 et seq. 9-107 See: SECONDHAND PRECIOUS MET- 19-29 ALS SIRENS 1-13 Noise provisions ........................ 13-32 SKATEBOARDING, ROLLER SKATING, ETC. SLOT MACHINES, DEVICES Prohibited; exceptions................... 10415 Supp. No. 10 3133 WINTER SPRINGS CODE Section SODDING Land development requirements ......... 9-160 SOIL Land development soil removal .......... 9-8 SOLICITORS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS SPRINKLER SYSTEMS Automatic fire sprinkler systems Florida Fire Prevention Code, local amendment to .................. 7-60 STAGNANT WATER Property owner responsibility re ......... 13-2(e) 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, a 4 6 4 4 0 0 6 0 0 9 . Dedicating, naming, establishing, etc., streets Certain ordinances not affected by Code Definitions and rules of construction .... . Excavations Barricades, erection and lighting of... . Bond required, a 1 0 0 a a a a 0 a 0 4 4 0 a a 0 a 0 0 a 9 a Duty and liability of permit holder.... . Erection and lighting of barricades ... . Inspection ........................... Permit required ...................... Fences, etc., limitations for streets ...... . Flood damage control ..................a Grades Certain ordinances not affected by Code Handbill distribution in public places pro- hibited............................ Intersections, obstruction of vision at..... Land development requirements for streets, alleys, bridges, etc... as 0 of*@ a be 0 see . See: LAND DEVELOPMENT Littering Generally... as a sees moo 040**v as sea ease Prohibited ........................... Locating, opening, paving, etc., streets Certain ordinances not affected by Code 1-15 17-80 17-77 17-79 17-80 17-78 17-76 6-191 8-2 STREETS AND SIDEWALKS (Cont'd.) 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 ........................a New street; permit required.......... . Obstructing streets and sidewalks; per- mitrequired .................... Public places Definitions and rules of construction... Rights -of --way permit fee election........ . Sidewalks At-home sales. 4 0 6 0 0 a 0 0 a a a d 0 4 0 4 6 a 0 9 0 a . Definitions and rules of construction... Land development requirements...... . Permit for erection of awnings, etc., over sidewalks Fee..............................a Required; application ............ a . liansportation impact fees ............ a . See: LAND DEVELOPMENT Trees and shrubbery, removal prohibited . Uniform building numbering system .... . See: BUILDINGS Unsafe buildings, closing streets for vacat- ing, a 0 0 0 0 a a a 0 0 a 4 a 0 a a 0 V a 0 a 9 0 0 a a a 0 4 6 1 Vacating and abandoning streets and al- leys..............................a Violations, penalties, a F 4 4 a . ............ a . Widening, vacating, etc., streets Certain ordinances not affected by Code SUBDIVISIONS Certain ordinances not affected by Code.. Flood damage control standards ........ . Land development ...................... See: LAND DEVELOPMENT Planned unit developments, subdivision plan See: ZONING Zoning regulations generally, a 0 0 a 9 a a 0 0 a 0 . See: ZONING 1-7(6) SUBSCRIPTION, SIGNATURE 16-29 Definitions and rules of construction .... . 17-30 SUITS, ACTIONS AND OTHER PROCEED,, et seq. INGS Repeal of ordinances, effect of........... . SURETY BONDS. See: BONDS, SURETY 13-2 OR PERFORMANCE 17-28 SURVEYS, MAPS AND PLATS 1-7(5) Certain ordinances not affected by Code . . Supp. No. 10 3134 Section 17-30 17-1 17-51 et seq. 17-79 17-76 17-26 174 1-2 18-31 10-137 1-2 9-221 17-52 17-51 9-386.1 et seq. 17-28 9-370 et seq. 6-169 17-27 17-31 1-7(5) 1-7(10)2 (12) 8-51 9-1 et seq. 20-383 et seq. 20-1 et seq. 1-8 CODE INDEX Section SURVEYS, MAPS AND PLATS (Cont'd.) Land development platting requirements . 9-1 et seq. See: LAND DEVELOPMENT Zoning map Certain ordinances not affected by Code 14(15) Working maps and procedures......... 20-102 SWEAR OR SWORN. See: OATH, AFFIRMA- TION, SWEAR OR SWORN SWIMMING POOLS Code adopted ........................... 6-210 Conflict with deed restrictions ........... 6-223 Contractor's qualifications ............... 6-214 Definitions ............................. 6-211 Design and construction requirements.... 6-216 Electrical requirements ................. 6-220 Enclosure required ...................... 6-217 General construction provisions for con- crete pools ......................... 6-218 Inspection .............................. 6-213 Nuisances......... too 6-222 Owner's privilege ....................... 6-215 Permit Application; plans and specifications... 6-212 Plumbing requirements ................. 6-221 Stagnant water ......................... 13-2(e) Yards .................................. 6-219 T Certain ordinances not affected by Code .. Local business tax receipts 1-7(7) Limitation on term; half -year receipts.. Local business tax receipts established. 10-28 10-29 Receipt year established .............. Transfer of receipt .................... Local improvements assessments 10-27 10-30 Alternative method ................... Assessed areas and advisory committees 18-94 Creation of advisory committees .... Definition of assessed areas .......0 Landowner petition process......... Collection of assessments 18-55 18-54 18-56 Alternative method of collection..... Government property ............. 0 Method of collection ................ Responsibility for enforcement ...... Definitions ........................... General findings ..................... Interpretation; title and citation ....... Issuance of obligations 18-82 18-84 18-81 18-83 18-51 18-53 18-52 Anticipation notes ................. General authority... .... Refunding obligations .............. Remedies of holders ................ Taxing power not pledged .......... Temporary obligations. . a 0 0 0 a 0 0 a 0 0 a 0 Terms of the obligations ............ Trust funds, a a 4 a 4 1 4 * & & 0 a a a a 0 a a 0 a a 4 W 18-89 18-85 18-93 18-92 18-90 18-88 18-86 18-91 Section TAXATION (Contd.) Variable rate obligations ........... Local improvement assessments 18-87 Adoption of final local improvement assessment resolution......... Annual local improvement assess- 18-62 ment resolution ............... Authority ......................... Correction of errors and omissions .. Effect of local improvement assess- 18.63 18-57 18-68 ment resolutions .............. Initial local improvement assessment 18-64 resolution .................... Lien of assessments ................ Local improvement assessment roll . Notice by 18-58 18-65 18-59 Mail ...........................w Publication .................... a Procedural irregularities ........... Revisions to ....................... Related service assessments 18-61 18-60 18-67 18-66 Adoption of final related service as- sessment resolution ........... Annual related service assessment res- 1844 olution ....................... Authority ......................... Correction of errors and omissions .. Effect of related service assessment 18-75 18-69 18-80 resolutions ................... Initial related service assessment res- 18-76 olution ....................... Lien of assessments ................ Notice by 18-70 1847 Mail......... moo Publication ..................... Procedural irregularities .......... 0 Related service assessment roll ..... Revisions to related service assess- 18-73 18-72 18-79 1841 ments ........................ Municipal public service tax 18-78 Collection by seller ................... Exemptions .........................0 Interest and penalties ................ Levy ................................ Rights -of -way permit fee election ...... Seller's records ....................... 18-28 18-27 18-30 18-26 18-31 18-29 TAXICABS. See: MOTOR VEHICLES AND TRAFFIC TELEGRAPH Public service tax ....................... 18-26 et seq. See: TAXATION TELEPHONES Emergency telephone number............ 13-55 Flood damage control ................... 8-2 Public service tax.. 0 04*sosto 6*s***q*q Mae 18-26 et seq. See: TAXATION TELEVISION Dish antenna ........................... 6-83 Supp. No. 10 3135 WINTER SPRINGS CODE Section TERRITORY Annexations Certain ordinances not affected by Code 1-7(9) THEATERS Adult entertainment establishments ..... 10-55 et seq. See: ADULT ENTERTAINMENT ES- TABLISHMENTS, SEXUALLY ORIENTED BUSINESSES TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC TRAILERS. See: MOBILE HOMES AND MO- BILE HOME PARKS TRASH. See: GARBAGE AND TRASH TREES AND SHRUBBERY Injuring city -owned shade trees.......... 11-4 Land development Clearing rights -of -way of trees ....... 6 9-129 Streets, removal of trees and shrubbery on 17-28 Tree protection and preservation Applicability ......................... 5-1 Authorization to adopt rules, regula- tions, fees for implementation .... 5-19 Calculating tree protection zone, (App. C to Chap. 5) City forestry office, . a 0 0 0 0 0 0 a a a 0 * 0 0 6 a 0 a 5-5 Definitions ........................... 5-3 Desirable trees, (App. B to Chap. 5) Development, construction, protection during; periodic inspection ....... 5-14 Enforcement; penalties ............... 5-18 Intent, purpose, . 9 0 0 a a 0 4 0 0 6 6 0 0 0 0 0 0 0 9 a & 5-2 Minimum tree requirement ........... 5-13 Permit required: tree removal, land clear- ing; separate violations; criteria; contractor permit required ....... 5-4 Application, permit ................ 5-6 Contents; expiration; removal after expiration of permit........... 5-12 Prohibitions, . * a 0 4 4 * 0 6 0 0 a 9 a a 0 a a 4 a * 6 0 6 6 5-10 Remedial action ...................... 5-17 Specimen, historic trees, . a 0 0 Notes 0 0 0 04 5-8 Tree protection area signage, (App. D to Chap. 5) Tree pruning standards ............... 5-7 Tree replacement guidelines........... 5-9 Undesirable trees, (App. A to Chap. 5) Voluntary tree planting, .............. 5-15 Waivers; incentive program and appeals 5-16 TRESPASSING Conditions constituting trespassing ...... 11-3 Utility protection, enforcement Trespass ............................. 19-303 UNSAFE BUILDINGS. See: BUILDINGS Supp. No. 10 3136 Section UTILITIES Charges. See herein: Rates, Fees and Charges Concurrency administration and evalua- tion procedure Level of service standards (LOS) ...... 9-510 et seq. See: LAND DEVELOPMENT Cross -connection control, backflow preven- tion Administration ....................... 19-153 Backflow prevention devices Installation, testing and maintenance Of ............................ 19-155 Changes to manual ................... 19-152 Cross -connection violations and penal- ties* b a * 0 0 a 0 0 a 9 0 * a * 4 0 0 a a 0 0 a a 0 0 a a 4 19-156 Inspection and testing, right of access.. 19-154 Intent ............................... 19450 Manual adopted by reference; compli- ance required ................... 19-151 Fees. See herein: Rates, Fees and Charges J'ences, walls, etc., for utility easement... 6-192 Flood damage prevention requirements re utilities ........................... 8-1 et seq. See: FLOOD DAMAGE PREVENTION Garbage service to be provided for certain tenants........................... 19 1 Land development Utilities services to be underground, ex- ception ......................... 9404 Water and sewer systems, requirements for ............................. 9-261 Permits Industrial wastewater contribution per- mit ............................. 19-52 Public service tax ....................... 18-26 et seq. See: TAXATION Rates, fees and charges Wastewater system ................... 19-91 et seq. See herein: Wastewater System Reclaimed water system Definitions ........................... 19436 Inspection ........................... 19-140 Rates and charges .................... 19-138 Routing and construction ............. 19437 Service procedures, regulations........ 19-139 Promulgation, enforcement of....... 19-139 Septic tanks Private septic tanks re wastewater sys- tem............................ 19-29 Sewers. See herein: Wastewater System Solid waste services; rates; penalties and enforcement for nonpayment........ 19-2 Stormwater management utility Adjustment of fees ................... 19-166 Billing, payment, penalties, enforce- ment ........................... 19-165 Definitions ........................... 19462 Director (of public works) Powers, duties, responsibilities...... 19-168 CODE INDEX Section Section UTILITIES (Cont'd.) UTILITIES (Cont'd.) Discharges into natural waters, munic- Sewerage revenue generation system ipal storm sewer system ......... 19-170 Accountant certification of ade- Enforcement, penalties, legal proceed- quate maintenance ......... 19429 ings ............................ 19475 Accounts established ............ 19426 Fee created .......................... 19-163 Deposits........................ 19427 High risk screening, . 19474 Expenditures ................... 19-128 Illicit discharges, connections (prohibits User charge tion)............................ 19-171 Generally....................... 19-96 Industrial, commercial, construction acts Schedule. . 0 s a s 0 4 6 0 0 a 4 a s s 6 0 0 0 0 a 19-102 tivities; stormwater discharges from 19470.5 System ......................... 19-93 Inspection, monitoring for compliance, Septic tanks, private, . 0 6 o a 9 0 o 0 0 s 9 o 6 6 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 ............... 19-126 Prohibited acts, generally ............. 19-169 Deposits .......................... 19-127 Purpose; intent....................... 19-161.5 Expenditures...................... 19428 Rates, schedule of ............. mosses. 19464 Use of wastewater system............. 19-27 Stormwater management utility fund.. 19-167 Water shortage conditions and shortages Title................................4 19-161 Application of this article ............. 19-202 Utility protection, enforcement Definitions, .......................... 19-201 Enforcement ......................... 19-304 Enforcement......................... 19-205 Meters furnished by, remain property of Exception ............................ 19-206 city; all water must pass through Implementation ...................... 19-203 meter. so 6*** 19-300 Intent and purpose................... 19-200 Right of entry of authorized agents, em- Penalties ........................ most 19-207 ployees ......................... 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 ......................... 19-204 Accidental discharge protection........ 19-74 Charges. See herein: Rates, Fees and V Charges Contaminants prohibited. . 19-72 VEHICLES. See: MOTOR VEHICLES AND Definitions ........................... 19-26 TRAFFIC Discharges prohibited, . * & * 1941 Enforcement ......................... 19-53 VENDORS. See: PEDDLERS, CANVASSERS Enforcement board ................... 19-30 AND SOLICITORS Fees. See herein: Rates, Fees and Charges VOTES, VOTING. See: ELECTIONS Industrial wastewater contribution per,, ............................. 19-52 Inspection and monitoring ............ 19-51 W Penalties and charges ................ 19-31 WALLS. See: FENCES, WALLS, HEDGES Pretreatment ........................ 19-73 AND ENCLOSURES Private septic tanks. 19-29 Public sewers, required use of ......... 19-28 WARES. See: GOODS, WARES OR MER- Rates, fees and charges CHANDISE Annual rate review ................ 19-99 Appeals, 19-98 WARRANTS. See: WRITS, WARRANTS AND Application requirements........... 19-100 OTHER PROCESSES Billing, payment, delinquency ...... 19-97 WASTEWATER. See: UTILITIES Conservation methods. . 19-94 Definitions ........................ 19-91 WATER AND SEWERS. See also: UTILITIES Intent ............................. 19-92 Concurrency administration and evalua- Office hours ....................... 19-101 tion procedure Penalties and charges. 19-31 Level of service standards (LOS) ...... 9-510 et seq. Policy for bill adjustments for unex- See: LAND DEVELOPMENT plained excessive use.......... 19-98.5 Declaration of a state of emergency; water Revenue .......................... 19-95 use restrictions ...................9 2-255 Supp. No. 10 3137 WINTER SPRINGS CODE Section WATER AND SEWERS (Cont'd.) 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 ................ 84 et seq. See: FLOOD DAMAGE PREVENTION Prohibitions ............................ 13-2 WEAPONS. See: FIREARMS AND WEAP- ONS WEATHER Weather emergencies .................... 2-261 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 YARD SALES At-home sales .......................... 10-137 YARDS AND OPEN SPACES Land development; public sites and open spaces ............................ 9-103 Swimming pools, yard requirements re ... 6-219 Zoning regulations generally, 0 20-1 et seq. See: ZONING YEAR Definitions and rules of construction .... . 1-2 Section Supp. No. 10 3138 [The next page is 3141] CODE INDEX Section Section Z ZONING (Cont'd.) C-3 Highway 17-92 Commercial District ZONING Building height regulations ........... 20-346.2 Administrative appeals .................. 20-35 Bulk regulations ..................... 20-346A Land use decisions (procedures) ...... 0 20-35 Conditional uses ..................... 20-346.3 Adult entertainment establishments Generally, ........................... 20-346 Generally ............................ 10400 Uses permitted....................... 20-346.1 Animals ................................ 20-413 CC Commerce Center District Basis for regulations and requirements Bulk regulations ..................... 20-345.4 herein set forth .................... 20-2 Conditional uses ..................... 20-345.3 Board of adjustment Generally ............................ 20-345 Compensation; allowances for expenses Uses permitted........... .... assestoo 20-345.1 incurred in performance of duties. 20-80 Certain ordinances not affected by Code .. 14(15) Composition, appointment of members. 20-77 Changes and amendments ............... 20-104 Creation ............................. 20-76 Code enforcement board................. 2-56 et seq. Duties and powers; generally.......... 20-82 See: CODE ENFORCEMENT BOARD Meetings; quorums; records to be kept. 20-81 Commercial vehicles defined ............. 20-432 Term; filling vacancies; removal of mem- Comprehensive plan .................... 15-26 et seq. bers ............................ 20-78 See: PLANNING AND DEVELOPMENT Buffers Conditional uses Residential wall buffers required .sass. 20-417 Coal Neighborhood Commercial Districts 20-234 Building area regulations C-3 Highway 17-92 Commercial District 20-346.3 R-1 One -Family Dwelling District ..... 20485 CC Commerce Center District......... 20-345.3 R4AA and 114A One -Family Dwelling Expiration of conditional use approvals 20-36 Districts ........................ 20465 I-1 Light Industrial District........... 20-261 R-1AAA Single -Family Dwelling Dist, Land use decisions (procedures) ....... 20-33 tricts ........................... 20-125 R-1 One -Family Dwelling District ..... 20-183 R-3 Multiple -Family Dwelling Districts 20-210 R-lAA and R-lA One -Family Dwelling R-Cl Single -Family Dwelling Districts . 20-145 Districts ........................ 20-163 R-U Rural Urban Dwelling Districts ... 20-270 R-lAAA Single -Family Dwelling Dis- T-1 Trailer Home Districts ...........0 20-295 tricts........................... 20423 Building height regulations R-3 Multiple -Family Dwelling Districts 20-208 C4 Neighborhood Commercial Districts 20-235 R-CI Single -Family Dwelling Districts . 20443 C-2 General Commercial and Industrial R-U Rural Urban Dwelling Districts ... 20-268 Construction Districts...... .... md*tsm*mo** *to 20-253 R-T Mobile Home Park Districts, appli- C-3 Highway 17-92 Commercial District 20-346.2 cation for construction ........... 20-317 I4 Light Industrial District ........... 20-260 Definitions ........................asset 20-1 R-1 One -Family Dwelling District ..... 20484 Districts R4AA and R4A One -Family Dwelling C4 Neighborhood Commercial Districts 20-231 et seq. Districts...... .... too assesses eta 20464 C-2 General Commercial and Industrial R-lAAA Single -Family Dwelling Dist, Districts............ t00% embedded 20-251 et seq. tricts........................... 20424 C-3 Highway 17-92 Commercial District 20-346.3 R-3 Multiple -Family Dwelling Districts 20-209 CC Commerce Center District......... 20-345 et seq. R-CI Single -Family Dwelling Districts . 20444 Changes and amendments ............ 20404 R-U Rural Urban Dwelling Districts ... 20-269 Division of city ....................... 20401 C-1 Neighborhood Commercial Districts GreeneWay Interchange Zoning District 20-328 et seq. Building height regulations ........... 20-235 I-1 Light Industrial District........... 20-258 et seq. Bulk regulations ..................... 20-237 Official zoning map, working maps and Conditional uses ..................... 20-234 procedures.................. adds 20-102 Generally.. woos good madames 0 * 4 20-231 Planned unit development Off-street parking regulations ......... 20-238 Part A ............................ 20-351 et seq. Overlay district regulations ........... 20-236 Part B ............................ 20-376 et seq. Uses permitted ....................... 20-232 R-1 One -Family Dwelling District ..... 20-181 et seq. C-2 General Commercial and Industrial R-lAA and R-lA One -Family Dwelling Districts Districts ........................ 20-161 et seq. Building height regulations ........... 20-253 R-lAAA Single -Family Dwelling Dis- Bulk regulations ..................... 20-255 tricts........................... 20-121 et seq. Generally.. .... 00*0 0*00 %God Damages sto 20-251 R-3 Multiple -Family Dwelling Districts 20-206 et seq. Uses permitted. . 4 * a 4 m a 4 4 0 a 6 a 0 W 0 a a 0 0 20-252 R-CI Single -Family Dwelling Districts . 20-141 et seq. Supp. No. 10 3141 ZONING (Cont'd.) Restrictions upon lands, buildings and structures ...................... R-T Mobile Home Park Districts...... . R-U Rural Urban Dwelling Districts .. . T-1 Trailer Home Districts ........... . Town Center District Code ........... . Division of city ........................ . Exceptions ............................. Final development plan Alterations, .. 0 400* bodsooss Planned unit development Part A..... . Final engineering plan Planned unit development Part B, ap- proval .......................... Final subdivision plan Planned unit development Part B .... . Alterations ........................ Flood damage prevention ................ See: FLOOD DAMAGE PREVENTION Front yard regulations. See herein: Yards and Open Spaces Gasoline stations ....................... GreeneWay Interchange Zoning District Buffers and walls .................... Building and screening design guide- lines............................ Building height ...................... Cross -access easements ............... Developer's agreement ................ General uses and intensities ......... . Land coverage ....................... Landscaping ......................... Permitted uses, conditional uses, acces- sory uses and structures, off-street parking and driveway requirements Prohibited uses ...................... Purpose ............................. Setbacks ............................. Utility lines ......................... . I-1 Light Industrial District Building height regulations .......... . Bulk regulations ..................... Conditional uses ................... 0 . Enclosed buildings; outside storage ... . Generally ............................ Uses permitted. . 6 0 0 6 0 a V 0 0 4 F 0 a 0 a 9 a a 9 0 9 Interpretation, purpose and conflict ..... . Kennels; zoning, ........................ Land development ..................... . See: LAND DEVELOPMENT Land use decisions (procedures) Administrative appeals ............... Applications ......................... City commission; authority........... . Conditional uses .................... . Due process; special notice require- ments .......................... Expiration of conditional use, variance, waiver approvals ................ WINTER SPRINGS CODE Section Section ZONING (Cont'd.) Intent; purpose, . 20-26 20-103 Rezonings ........................... 20-31 20-311 et seq. Staff review, . 6 0 6 20-30 20-266 et seq. Variances ............................ 20-32 20-291 et seq. Waivers, .. boa a be 0*0*** 0 6 V 6 a 9 0 a s 9 * a 9 a s 20-34 20-320 et seq. Limitations on residential densities ...... 20-419 20-101 Lot coverage 20-414 R4 One -Family Dwelling District ..... 20-187 R-lAA and R-IA One -Family Dwelling 20-359 Districts ........................ 20-167 20-357 R-lAAA Single -Family Dwelling Dis- tricts ........................... 20427 R-3 Multiple -Family Dwelling Districts 20-212 20-384 R-CI Single -Family Dwelling Districts . 20-147 20-383 R-U Rural Urban Dwelling Districts ... 20-272 20-386 Master plan 8-1 et seq. Planned unit development Part B ..... 20-382 Alterations. 20-385 Motor vehicles ^u_.thenzod c ninc.,,.. .ul . chicle 20-418 Limited -term parking permits ...... 20-436 Residential areas, in ............... 20434 20-336 Residentially zoned districts, in ..... 20435 Commercial vehicles defined .......... 20-432 20-340 Exemptedvehicles .................... 20-A37 20-331 Parking, storage or maintenance of cer- 20-339 tain vehicles prohibited in residen- 20-341 tially zoned districts ............. 20431 20-329 Storage, repair, etc., of disabled motor 20-333 vehicles; approved., .. of V4 of a be so 20433 20-335 Official zoning map, working maps and procedures ........................ 20402 Off-street parking regulations 20-334 C4 Neighborhood Commercial Districts 20-238 20-330 R-1 One -Family Dwelling District ..... 20-189 20-328 R-1AA and R-lA One -Family Dwelling 20-332 Districts ........................ 20-169 20-338 R-lAAA Single -Family Dwelling Dis- tricts ........................... 20-128 20-260 R-3 Multiple -Family Dwelling Districts 20-213 20-262 R-CI Single -Family Dwelling Districts . 20-148 20-261 R-U Rural Urban Dwelling Districts ... 20-273 20-263 Parking, storage or maintenance of certain 20-258 vehicles prohibited in residentially 20-259 zoned districts ..................... 20431 20-5 Permits 20416 T-1 Trailer Home Districts ............ 20-293 94 et seq. Permitted uses Planned unit development Part A ............................ 20-353 20-35 Part B ............................ 20-379 20-29 Planned unit developments 20-27 Part A planned unit development 20-33 Appeal ............................ 20-362 Control of development following ap- 20-28 proval after construction com- pleted ........................ 20-360 20-36 Definitions ........................ 20-351 Supp. No. 10 3142 ZONING (Cont'd.) Final development plan ........... . Alterations to ................... Intent and purpose of district ...... . Permitted uses .................. 0 . Preliminary development plan ..... . Alterations to ................... Procedure for approval ............. Site development standards ....... . Time restrictions on approval ...... . Part B planned unit development Appeal............................ Control of development following ap- proval after construction com- pleted........................ Definitions ........................ Final engineering plan approval ... . Final subdivision plan, . a a 0 0 a 0 a & a 0 0 . Alterations to .................. . Intent and purpose of district...... . Interpretation, purpose and conflict . Master plan ....................... Alteration to .................... Permitted uses ................... . Procedure for approval of planned unit development, a a a a 0 0 a . 4 0 a 4 0 4 4 Site development standards ....... . Time restrictions on approval ...... . Setback requirements (minimum) .... . Planning and zoning board Assistants ........................... Compensation; allowances for expenses incurred in performance of duties. Composition, appointment of members. Created.............................. Duties; general................ 6044 do* Meetings; quorum; records to be kept . . Term; filling vacancies; removal of memo, Preliminary development plan Planned unit development Part A..... . Alterations..... G*ffisoseood eta 0 a 0 & 9 0 Prohibited uses R-T Mobile Home Park Districts...... . Purpose of provisions ................... R-1 One -Family Dwelling District Building height regulations .......... . Building site area regulations ....... 0 . Conditional uses .................... . Front, rear and side yard regulations . . Generally........... Does sea ease 6 4 6 Lot coverage ......................... Off-street parking regulations .boob... . Use, area and yard exceptions........ . Uses permitted. . a 0 0 a . * a 0 a a 0 0 0 4 0 a 4 a a * . R-lAA and R4A One -Family Dwelling Dis- tricts Building area regulations ............ . Building height regulations .......... . Conditional uses .................... . CODE INDEX Section Section ZONING (Cont'd.) 20-357 Designation .......................... 20-161 20-359 Front, rear and side yard regulations .. 20466 20-352 Lot coverage ........................0 20467 20-353 Off-street parking regulations ......... 20469 20-356 Use, area and yard exceptions......... 20468 20-358 Uses permitted... .. 0a00****s * 0 0 a 0 a 0 0 0 20-162 20-355 R-lAAA Single -Family Dwelling Districts 20-354 Building area regulations ............. 20-125 20-361 Building height regulations ........... 20-124 Conditional uses ..................... 20423 20-389 Designation .........................a 20421 Front, rear and side yard regulations .. 20-126 Lotcoverage ........................0 20427 20-387 Off-street parking regulations......... 20-128 20-376 Uses permitted...boos................ 20422 20-384 R-3 Multiple -Family Dwelling Districts 20-383 Building area regulations ............ 4 20-210 20-386 Building height regulations ........... 20-209 20-377 Conditional uses ..................... 20-208 20-378 20-206 20-382 Designation .......................... 85 Front, rear and side yard regulations .. 20-211 20-3 20-385 Lot coverage ......................... 20-212 Off-street parking regulations ......... 20-213 20-381 Uses permitted. . a a a a 9 0 a 0 0 a 6 1 * 6 4 0 * a 4 a a 20-207 20-380 R-CI Single -Family Dwelling Districts 20-388 Building area regulations ............. 20-145 6-86 Building height regulations ........... 20444 Conditional uses ..................... 20-143 20-58 Designation .........................9 20-141 Front, rear and side yard regulations .. 20-146 20-55 Lot coverage ......................... 20-147 20-52 Off-street parking regulations......... 20-148 20-51 Uses permitted. . 0 a 4 0 4 4 0 4 0 a 4 a 4 * 0 a a # 6 9 0 20442 20-57 Rear yard regulations. See herein: Yards 20-56 and Open Spaces Residentially zoned districts, parking, stor- 20-53 age or maintenance of certain vehi- cles prohibited in .................. 20-431 20-356 Restrictions upon lands, buildings and struc- 20-358 tures .............................. 20-103 Rezoning 20-315 Land use decisions (procedures)......a 20-31 20-3 Official zoning map, working maps, pro- cedures ........................0 20402 20484 R-T Mobile Home Park Districts, appli- 20-185 cation for rezoning .............4 20-316 20483 Waiting period for ................... s 2-117 20486 R-T Mobile Home Park Districts 20481 Construction, application ............. 20-317 20487 Definition of terms ................... 20-311 20-189 Description of district, a 0 . a a a a a 0 a 0 0 0 a 0 0 20-312 20488 Minimum development standards and 20-182 requirements, . a t * 0 0 a 6 # 6 a a 0 a a 9 0 a 0 20-318 Prohibited uses ...................... 20-315 Rezoning, application ................. 20-316 20465 Special accessory uses ................ 20-314 20464 Special requirements .....food ........ 20-319 20-163 Uses permitted ....................... 20-313 Supp. No. 10 3143 ZONING (Cont'd.) R-U Rural Urban Dwelling Districts Building height regulations .......... . Building site area regulations ....... a . Conditional uses ................... 4 . Front, rear and side yard requirements Generally ............................ Lot coverage ......................... Off-street parking regulations ....... f . Uses permitted ....................... Scope of provisions .....................0 Sexually oriented businesses Generally ............................ Side yard regulations. See herein: Yards and Open Spaces Site development standards Planned unit development PartA ............................ PartB ............................ Special accessory uses R.-T Mobile Home Park DiGta•icts....... S.R. 434 corridor overlay plan Creation ............................. General design standards for new devel- opment area Applicability to new development over- lay zoning district, . 9 a 9 9 a a 9 9 a 9 0 Buffers and walls ................. . Building and screening design guide- lines ......................... Building height .................... Corridor access management ...... . Development agreement........... . Land coverage ..................... Landscaping. . 1 0 0 a a 0 F 9 a 9 * 0 a a 0 a 4 b a a 0 Off-street parking and driveway re- quirements .................. . Setbacks .......................... Signs............................. Utility lines ...................... . General design standards for redevelop- ment area Applicability to redevelopment over- lay zoning district, . 6 4 4 * 6 stooto Buffers and walls ................. . Building and screening design guide- lines ......................... Building height .................... Corridor access management ...... . Development agreement........... . Intent............................. Landscaping, . 6 0 * 6 a 0 a * 6 6 0 6 a 0 a 0 0 a 9 6 Off-street parking and driveway re- quirements ................... Setbacks .........................o Signs............................. Utility lines ...................... . Storage, repair, etc., of disabled motor ve- hicles; approved .................. . WINTER SPRINGS CODE Section Section ZONING (Cont'd.) T-1 Trailer Home Districts 20-269 Building site area regulations ......... 20-295 20-270 Description of district, . a a a a a 0 0 4 * 0 0 6 0 * 0 20-291 20-268 Minimum front, rear and yard regula- 20-271 tions ........................... 20-296 20-266 Permits, . a a a 0 0 0 * 0 0 0 6 0 6 6 0 a a 9 1 a % 0 * 9 9 0 0 a 20-293 20-272 Special requirements ................. 20-297 20-273 Uses permitted, . 0 9 a a 9 a 0 a & a 4 0 0 4 6 0 0 * 6 6 f 20-2922 20-294 20-267 Telecommunications towers .............. 20451 20-4 Trailers In residential areas, . 0 6 a * 6 a 0 a a 9 a 9 0 a 0 a 0 20411 10-100 Uses ................................ 20-412 Use, area and yard exceptions R-1 One -Family Dwelling District ..... 20-188 R-lAA and R4A One -Family Dwelling Districts.... 20468 20-354 Uses permitted 20-380 C-1 Neighborhood Commercial Districts 20-232 C-2 General Commercial and Industrial 2�-314 Districts ........................ 20-252 U-3 Highway 17-92 Commercial District 20-346.1 20-462 CC Commerce Center District ......... 20-345.1 I-1 Light Industrial District........... 20-259 R-1 One -Family Dwelling District ..... 20-182 R4AA and R-lA One -Family Dwelling 20-463 Districts ........... a ............ 20-162 R4AAA Single -Family Dwelling Dis- tricts ........................... 20422 R-3 Multiple -Family Dwelling Districts 20-207 20473 R-CI Single -Family Dwelling Districts . 20-142 20-464 R-T Mobile Home Park Districts....... 20-313 20472 R-U Rural Urban Dwelling Districts ... 20-267 20-474 T-1 Trailer Home Districts ............ 20-292, 20-294 20-466 Variances 20-468 Expiration of variance approvals ...... 20-36 Land use decisions (procedures) ....... 20-32 20467 Violation, penalty.... .. 6V44 ad be 0*0046*6 0 20-6 20-465 Waivers 20-470 Expiration of waiver approvals ....... 4 20-36 20-471 Land use decisions (procedures) ....... 20-34 Yards and open spaces C-1 Neighborhood Commercial Districts 20-237 R-1 One -Family Dwelling District 20-480 Front, rear and side yard regulations 20486 20-485 Use, area and yard exceptions ...... 20-188 R-lAA and R-lA One -Family Dwelling 20-489 Districts ........................ 20-166 20-481 Use, area and yard exception ....... 20-168 20-488 R-lAAA Single -Family Dwelling Dis- 20-490 tricts ........................... 20-126 20-461 R-3 Multiple -Family Dwelling Districts 20-211 20-484 R-CI Single -Family Dwelling Districts . 20-146 R-U Rural Urban Dwelling Districts ... 20-271 20-483 T-1 Trailer Home Districts ............ 20-296 20-482 Zoning board. 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